A N.iT'OA.iL PAPER, PUBLISHED WEDNESDAYS AND SATURDAYS ' ■ J [No. is 5 of Vol. IV.] Chief JuJtice Jay*# opinion, on the juejlion— ** whether a State be liable Wwßfued by a pri tau citizen of another State fW THE quelbion \*?e are now to decide has been accurately Rated, viz. Is a State suable by individual citizens of dnothei'State ? It is said that Georgia refofes to appear and anftver to the Plaintiff tit this a&ion, because flie is a Jover'eign State, and therefore not iiahU to such action,?. - In order to the merits of this ob- Jfijffrio'i, iet us enquire, ■P. In what sense Georgia is a Sovereign J. Wtetlier iV»WJit>» it *ith ! flfcll-.ft»vfr«jgi)tj[, • • ! 3- "WhctWr the Constitution ' (to ; Georgia if a party) %uthorifcs, fuel) 311 , jigsturt htfV. • Suabihty and Juiblc are words not in com mon use, but they concisely and corre&ly con vey the idea annexed to them. i. In determining the sense in which Geor gia is a sovereign State, it may be iileful to turn our attention to the political fituation v we were in, pr'or to the Revolution, and to the political flights which emerged from the Revolution. Ail the country now poflefTed by the United States was then a part of the dominions ap pertaining, to the crown of Great-Britain. Every acre of land in this country was then held mediately or immediately by grants from that crown. AH the people of this country were then, subjeCts of the king of G'eat-Britain, and owed allegiance to him ; and all the civil au thority then existing orexercifed here, flowed from the head of the Briti/h empire. They were in a strict fenfc jttlow fnfcjeCts, and in a variety of respeCts one people. When there- Volution commenced,the patriots did not assert that only the fame affinity andfocial connecti on fnbfifted between the people of the colonies, which fuMifted between the people of Gaul, Britain, and Spain, while Roman provinces, viz. only that affinity and social connection which result from the mere cirtumftance of being governed by the fame prince—different idea? prevailed, and gave occaiion to the Con gress of 1774 and 1775. The revo4utron, or rather the declaration of Independence, found the people already uni ted for general purposes, and at the fame time providing for their more domestic con cerns by State conventions, and other tem porary arrangements. Prom the crown of Great-Britain, the sove reignty of their country pafi'ed to the people of it—and it was then not an uncommon opinion, that the unappropriated lands which belonged to that crown, palled not to the peo ple of the colony or States within whose li mits they were fltuat;ed, but to the whole people—on what ever principles this opinion Felted, it did give way to the other, and thirteen fovereigntie* were confdered as from the principles ps the revolu tion, combined with local convenience and considerations—the people nevertheless con tinued to consider themselves, in a national point of view, as one people ; and they eon tinged without interruption to manage their national concerns accordingly—Afterwards, in the hqny of the war, and in th<* warmth of mutual confide >ce,tbey mi de a confederation of lite States the balls of a general govern ment. Experience disappointed the expect ations they had formed from it; and then the jxjople, in their collective and national ca pacity, eftabli flied the pre fen t Constitution. It is remarkable that in establishing.it, the people exerciftd their own rights, ai)d their own proper sovereignty, and cgnftious of the plenitude of it, they declared ivith becoming dignity, •' We the Pea pic of the United > rates, 44 da ordain and etlablilh this Constitution," H'*re we fee the people acting as fove reigns »f the whole, country ; and in the language of fevereigiity, a Constitution by :li it was their will, that the state govern. lbould be bound, and to »hich the State Constitutions thou Id be made to conform. Every State Constitution is a com past made by and between the citizens of a State to go vern themselves in a certain manner—and the Constitution of the United States is likewise a compact made by the people of the United States to govern themselves as to general ob. jedts, in a certain manner. By this great compart however, many important preroga tives were transferred to the national go vernment, such as those of making war and peace, contracting alliances, coin ng money, &rc. &rc. It then it be true, that tfce sovereignty of the nation is in the people of the nation, and the rellduary sovereignty of each State in the people of each State, it may be ui'eful to com pare these sovereignties with those in Europe, that we may thence be enabled to judge, whe ther all the prerogatives which are allowed to the latter, are also eflential to the former. There is reafoil to suspecT that some of the difficultiejfchich embarrass the present quef tion, ri epßoni inattention to the differences which fubiilt between them. it will be fufficieut to observe briefly, that Saturday, August iq, 1795. [Whole No. 44;.] the foverdiffntierin Europe, and-particularly in England, exill on feudal principle* T|*at fyfteui conlklei s the ptince -is. the foreign, ajid theP'eopfe as his {vl'jcfis—it? regards .his person j as the object of allegiance, and excludes the idea of his being' on an equal footln'g witft a fubjeft, either in a court of justice or efle where. That system contemplates him as be ing the fountain of honor and authority •; and from his grace and grant derives aJI franc-hiies, immunities and privileges —it is cafv to per ceive that' such a Tovefeijfn could -ct i>e a«v«e- Y.aßlfc t«> a court of jurticV, or fTibje&ed to jifdicial control? *• ami atfHtal confttomt. It was ofuecefiity, therefore, tfrat Inability became incompatible witivfuch jCbv eieignty. Bef.des, the N prince having 3JI the executive powers, the judgment of the courts would, 1,1 fa<ft, be only monitory, not mandatory to him. and a capacity to be advised, i» a diftin<ft thing iron* a capacity to b«? lued. The fame feudal ideas run through all t!:eir jurtfprudence, <tnd con llantly remind us of rhe distinction between the prince and tl>e No luch ideas ob* tain here-—At the revolution, the foyereigiity devolved on the people ; ;.u;J they ftt> 1 y < tl)e sovereigns of the country—but tnen t:vy are wVwt -Jmjc&'s (unless the Af rican slaves among us may be tb catted)—-;»nd have none to govern but ihonjcivei—the citi zens of America are equal as and as joint tenants in the sovereignty. From the differences exiftirg between feu dal sovereigns, and governments founded on compacts, it neceflarily follows that their ref peefcive, prerogatives mud alio differ. Sovereignly is the rijsht to govern ; a na tion or state-sovereign is the person or persons in whom that ri»fides. In Europe the fover eigrity is generally ascribed to the prince— h<*Te it rests with the people—tliere, the fo vereiguty actually administers the govern ment; here, never in a single inftanee—our Governors are the agents of the people, and at tnoft (land in the fame relation 10 their fo vercign, in which regents in Enrope stand to their sovereigns. Their princes have ptrf&nal powers, dignities and pre-emirtencics—our rulers have none but official; nor do they par take in the fbvereignty otherwise, or iu any other capacity, than as private citizens. 2. The second ohjeCt of inquiry now pre sents itfelf, viz. whether fuibility is incom patible w th State sovereignty. Suability—by whom ? not a fubjeCt—for in this country there are none—not by an in ferior ; for all the citizens being as to civil rights perfectly equal, there is not, in that respeCt, one citizen inferior to another. It is agreed that one free citizen may sue another—the obvious dilates of jufliice, and the purposes of society demanding jt. It is agreed that one free citizen may sue any number on whom process can be con veniemtly executed—nay, in certain cases, one citizen may sue forty thousand ; for where a c<?Vporation Is sued, all the members of it are aftua/Jy, though riot fxrfvnalfy 9 sued. In this city there are foTty odd thousand free citizens, all of whom may be collectively sued by any individual citizen. In the State of Delaware, there are fifty odd thousand free citizens, and what reason can be afligned why a free citizen who has demands against them should not prosecute them? Can the difference between fyrty odd thousand, and fifty odd thousand make any distinCtion $s to right f Is it not as easy, and as convenient to the pub lic and the parties, to serve a summons on the Governor and Attorney-General of Dela ware, as on the Mayor or other officers of the Corporation of Philadelphia ? (To be continued.J FROM THE WESTLRN STAR. NO art, however vile—no plan, however wicked—no attempt, however base and uujuftifiab'e, is left uneflayed by a detested and abominated elan, to bring into disrepute the measures of the Federal Government, to fix an odium upon its administration, and'en deavor to render our f:ee and happy -citizens di("contented with its operations.—A Phila delphia paper (the Manorial Gazette) has for some time past teemed with abu'e and.u> just inve&ive against the Executive of the Union. —That he' d of fcrH>bler§ whose ebullitions have been lent forth through the continent, have worn thread-bare the infamous epithets repeated and r e-repeated against the officers of the General Government, without produ cing any of the diabolical cffe&s intended.— It might have been expe&ed that the illustri ous Washington would have escaped the fhafts of those traitors to the peace and hap piness of our land ; not from any regard they entertain for his eminent patriotism, and un paralleled services in his country's cause, but rather from a fear that an open and invidious attack upon the Chief Magiflrate of the Union, who lives in the hearts of his fellow-citizens, would give their infamous views a too pub lic exposition, and render abortive the object of their hopes—But as the great adversary of mankjpd, after deluding his followers for a season, it is said at length leaves in a lurch, so his offspring at the ptefenc day, after 497 ■■ 1 V I <5! " v '' 1 '■ r ."}, f~ ; li "White wirtl irft-ve Ift an nrtgWi»frfe<l*flio6»4iS l t, (hewft pui>- i*Sic<j» rt* cl«veo • faoO-H* difonyetyuwiiclv whilfci t v(rf; if poffibie, draw on them a great er (bare of contempt than tliey now receive, Mr ill alio tend to rivet the Mam of the Peo ple more ftrongly'in the affect cms of the sub- of otor equal, jfeft* and free government. President is flandei.ed by. these un- principled eraWariei of anarchy, on account of his proclamation for tt»e obier vance of a . neutrality in the present European contefy an.l for his attachment to, and confidence in, thole men whole federalifm,. and energy' of conduct form strongest barrier I© mad mifruJe-r-The proclamation is said tp be u a flagrant violation of their r'ghts," and the President's friends are ailatilred witU the olej epithet, arifiocracy.—This broody who are con tinually loadwyr the memory of L-oyrs XVI. wkb every cxecration which hell engendered malice can fnggeft—who have branded Fay ette with the vi If ft appellations—and scan dalized some of tfiofe illuftritius Gallicarr cha- racers who alfifled in figtiHrtp the battlevoi ouc'cmintry, and* in (ought a rehire from the fury of Jacobin perfeculpion—would now pjunge our country into all thf horrors of war, in defence of a people who arc able ro j defend themselves, and who wifl yet undoubt* j e:Hy recover from the danger into which pre cipitate measures, and, in some instances, bloody zeal, has plunged them, and eita blifh a free and just government. Thefc Gcribblers, too, are continually alfailing us with the cry that trade is opprefled, and com merce cramped, by enormous duties anc} although our flourifhing commercial situation, and ou'r great and increaiing exports, give the lie to their affcrtiops, yet, in to be confident, they oiujht to alledge our tntharrafj mtnts as a strong ftimujous to the cultivation of peace—but consistency has not any thing to do with their plans, and justice and honor blufli at the mention of their motives. —It is only through the medium of their vehicles of abuse that thq groan* of ofiprefiion are heard— while, on the contrary, the people enjoy un limited prosperity and happiness—and, if they wifely guard themselves against unfound ed insinuations refpedting men to tbeir confidence is due, and continue firm in the support of that government which, under Providence, is tfce source of their blellings, they may.expect a tianfmifEon of thsm, un impaired, to the latest generation. JeMM'THB $*L&M €4ZETTE* A gentleman in Philadelphia wrius thus— and it is paiiyfut in thf extreme that he has occajton to—to his friend in this town : — " r T" , HE Pielidcnt has met a volley of the mofi X unmerited abufc, on account of his Pro clamation. If is to be regietted, ilwt (he men of virtue,and friends to the goveromcnt, who are of one opinion in approving that meafoje, did not more generally declare their fc mimtnts ; the add reft from Saletn. has done honor to the citizen?, aad has feived the cause of our country. It is painful to think that any men (hould be dcfirous of embroiling this countfy, and con necting our affairs with ihoCe of the governments of Europe, which are evidently hallooing to i uin, and laboring under every evil, which vice, des potism and fatfion can ii.flitt. Thu* we are bound to wiih for their happmcf>, we are under no obligation to become parties to their con tentions— we ate not to imitate th ir manners, or to adopt their opinion*, if we wiih to consult either their of our ilUcrcfls. It would be a lading it n<»t a ruinous calamity, to permit foreign councils to rnake an iinp»efli.>n here. Every man ought to brar my against any with any coun try <rf Europe. It is our d.-iry to treat all with pfr!cfct isnpartlality and with the ftriiteft justice, and by every means in our power to arrest that enthusiasm, which if indulged will iiecciLri'y divide our country into fa&ions. Thi* country, >nii«-a(£ of being Ihe moll happv, would be the moil wretched under heaven, if once engaged in thole vindictive and lavage wars, which m all probability will ravage Europe during th«- pro sent age.- Wc enjoy ihe CnnffalaWm of believing the wilbes of this country to be favorable to peace, order and virtue—it rests with the good men to rcftrain the p<*fDons ot the few who arc to i bu lent." Foreign Intelligence, V I t N N A, May 20, SEVERAL Jacobin em ilia lies are among the Montenegrines, en deavoiingto propagaie their prin ciples among those mountaineers, and to induce them- to make an ir ruption into the Venetian and Auf irian territories. C A D' I Zf May 7. Fear ftiipt of the line have lately W«tt" ordered to be'fitted at Ferr*]. Tfcw makes the Spanifti naval force for fcrvicc ab«ut so fail of the Hm. • *4; f.STREET, m H. A DLL Vk I Upon ;he hi etirii frontiers t hete ave now 130,000 men, inclftfjve 1 he Viviana frigate arrived here this day from Vera Cruz, lalt frcm Porto Rico, where they had heard of lhe war.—She left in (he latter place the treasure, Vvhich is ;o be conveyed to ims ope by the San Pe dro Alcantara. This ireafur< is. Re- ported to be imoieiife. This very day I ike wife arrived the SiMi Pedro regittei' ship from Li ma. She has on board • 1,545,593 hard dollars. A French prize lias come i'r here that is said to be very rich. She is tlie Archimides, of Bourdeaux,from the hie of France, bound to Pore L'Orient, and a prize to the Sp>oii<fi» ihipofwar the San Leandro. By this fliip we have heard of the cap ture of the Spanifli register (hip Sr. Jago el Foefle, or the Achilles, by a French privateer from Havre, and of her recapture by an Kuglifh squa dron.—She is valued heie, with the creature on board of' her, and Her cargo,at 2,500,000. She has 2,200,0fe0 dollars on board of her. Admiral Goodall, after having convoyed the Mediterranean flt-V-t one hundred leagues to the welt ward of Cape St. Vincents, reiurta ed to Gibraltar about a week ago. He came in five days after leaving the fleet, without meeting with any occurrence. TOURN.I Y, June 4. Every thing here remains in much the fame slate as when I had the pleasure of addrelfing my last letter to you. We however have heard cannonading again, on the tide of Valenciennes, this morningand late lalt night. An idea feeins to have gone through the British camp,that a pretty general salute will be fiiej from the different cannon round Valenciennes this day, in hono» of the King's biith day, and that tbc bombardment will likewil'e begin this day. The combined armies seem determined upon expediting the (iege of this city and of Conde, as they have, independent of the military, collected labourers to dig trenches and conftruift batteries, which in point' of number would form no inctmfiderable army, it be ing laid that there are above 12,000 of them, and reinforcements aie daily arriving. BODENHKIM, Tvjay 21 On the 15th inft. the advanced polls of the French were repulsed from Bliefcaftel, by Col. Sockulc. Whilst the advanced port* were thus engaged, Monf. Hoiichard endea vored, with twenty thousand infan try, and a considerable corps of ca valry, to tuni Prince Holienloe's camp near Honiburg, and to rake pofleffion of the important pofiiion of Kayferlantern ; but Prince Ho henloe, having received intimation «f that intention, quitted Honiburg, and returned with the greatest ex pedition to Kayfei lantern, where he arrived only half an hour be fur e the French army, and thus fecuied that position. The country of Deux Ponts, Homburg, and Carlefberg is confequentlv again abandoned ; and the French, upon taking pofleffion of the several towns deferred by the Priiffians, committed great devasta tions. LONDON, June 3. Kellerman, who has been trifd and acquitted by the Revolutionary Tribunal, is to command the south ern army, in the room of Biroi), who retires from indifpofirion. A very melancholy circumltance happened on Friday evening at Gi enier's Hotel, in Jermy n-ftreet. St. James's. '0;. 2 »:> <j>J > ».»i .► I > W v
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