A N.iT'OA.iL PAPER, PUBLISHED WEDNESDAYS AND SATURDAYS '
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[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.
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