■ .A-^.. 'i-jif- -"'i'i ilfeii | n*ii nr'-j ' "'i ►, A NATIONAL PAPER, PUBLISHED WEDNESDAYS AND SATURDAYS BY JOIIN FENNO, No. 34, NORTH FIFTH-STREET, PHILADELPHIA. [No. 126' of Vol. IV.] Chief Jttflkc J A it's opim n, m~ the vipjitr a Stale Ik li*Ht tc k J«t4 *y J $>'<- l-ale cutz-cr , fnmlbtr Stutc f" ' [con T 1 (IB 1D.3 \ T TILL it be said, that the fifty odd thou- VV (and citizens in Delaware being associ ated tinder a State government, ft and in a rank so superior to the forty odd thousand of Philadelphia, associated under their charter, that although it may become the latter to meet an individual 0:1 an equal footing in a Court of justice, yet that such a procedure Would not comport with the dignity of the former ?•—'ln this land of equal liberty, fliall f >rty odd thousand in one place be compella ble to do justice, and yet fifty odd thou and in another pjace be privileged to do justice *nly as they may think proper?— Such objec tions would not c orrespond with the equal frights we claim-—with the equality we pro left to admire and maintain, and with that popular f«vereiguty in which every citizen partakes—Grant that the Governor of Dela ware holds an office of litperioi rank to the Mayor of Philadelphia—they are both never theless the officers of the people ; and how ever more exalted the one may be than the crtTTgr, ■yet tn rtie oyrinmn of rtmtiy whrd'llke aristocracy, that ctrr umftance cannot be a good reaion for impeding the course of jus tice. If there be any such incompatibility as is jiretevded, whence does it arifei iu svhat does it conftft ? There is at least one Strong undeniable fact against this incompatibility--and that is this any one State in the union may sue ano ther State, in this court —that is—all the peo ple of one St ate may sue all the people of ano ther State. It is plain then, that a State may be fitcd, aud hence it as plainly follows, that Jtt ability and State fovercign\y are not in compatible. As one state may sue another state in this eori'ty it is plain that no degradation to a state is thought to accompany her appearance in this court— It is not therefore to an appear ance in this court that the objection points — To what does it point ? it points to an ap pearance at the suit of one or more citizens. But why it should be more incompatible, that all the people of a state Ihould be fned by ttwfcn by huisd'f&l- thfyul'ofld, I cannot perceive—the proceft" in both cases bsiug alike— th# judgments alike—and flic corjfeqjjenpes of the judgments ulike. Nor can I observe any greater inconirevrencfs ifi the one cafe ttian in the ot'rer. except Vrhal mar arile from the feelings of those who may regard a lesser Ituoiber ifl at), inferior lighr. But if any reliance be made on this infe riority as an objection, at least one half of its farce is done away by this faO, viz. that it is conceded that a State may appear in this court as plaintiff against a Angle citizen as de fendant ; and the truth is, that the State of Georgia is at this moment prosecuting an ac tion in this court against two citizens of South-Carolina. Th? only remnant of objection therefore that remain* is, that the flare is not bound to appear and answer as a defendant at the suit of an individual ; but Why it is unreasonable that (he should be so bound, is h&rd to con jecture—That rule is said to be a bad one, which does not work both ways—the citi zens of Georgia are content with a right of suing citizens of other states; but are not content that citizens of other States should have a right to sue thent. Let us now proceed to enquire whether Georgia has not, by being a party to the na tional compact, contented to be suable by in dividual citizens of another state. This inquiry naturally leads our attention, Si) To the design of the Constitution. (2) To the letter and express declaration in it. Prior to the Hate of the Confiitution, the people hod not any nation*! tribunal to winch th«j could tefoit for distribu tion oi' j.iftice was thc» confined to state ju dicatories, in whore inftitotinn and organisa tion the people of the other States had ro par ticipation, and over whcm tfccy had not the lea* conrroul. There was then no general co«i t oi' appellate jurVfdiftinn, by whom the ej-ror* iff state roort% lfiirAuig either the na tion at or the citizc-nt of anyothcr state, rould lie vevifed and corrfifted. Each stare Was obliged to atqnieffe in the measure of juttice which another state might yield to hfr, or t« her citizens; and that even i» cases itrb£lif State cciiijdeiatien.s w«re rot alwayj ta*w.-»y e to the mpft m.«»fiur—thti« vwihflger that from tjio« fourceMjjuiafirie* *o«ld in time refnlt • and as tW tfinfition frojn ■mmolitie* to fwAihrfes wm frequent in tl* hift»ry of independent fiatefci» cpn>- lOO>I tribtwiaJ for the (enalnation sis toetn* •Wits became defirtitl*, fiaa motive's lotl ef justice and of policy. I'rior also to that period, the United States had, by taking a plate among the nations of the earth, become amenable to the laws of nations ; and it was their intereil as well r.s their duty to provide, tliat those laws ihould be rofpecWd obeyed—ln ih#ir national Wednesday, August 14, 179 J. chamber ami capnc : «v, the tJnited •• •*£*<: to •f.MtiJ'n nations for tlv condoft of each state, and of the citizens of each state, relative to the laws ot* nations, ami the performance <4* treaties ; and there the inexpediency of referring all such quef ticnis to it ate courts, and particularly to the courts of delinquent states, became apparent. While were bound to protect tabA, and the citizens of it was highly proper and reaforiabie, that they ihould be in capaci ty, not only to caui'e justice to be done to each, and the citizens of each ; but a'ifo to car-use justice to be done by each, and the citizens oi each; and that, not by violence and iVncc, but in a stable, sedate, and regular course <»f judicial proccdine. These were among the evils againfl; which it was proper for the nation, that is, the peo ple of all the United States, to provide by a national judiciary, to be instituted by the whole nation, and to be reiponiibie to the whole nation. Let us now turn to t'le conftifution. The people therein declare, that their dc fign in eftabliihing it, compiehendt'd fix ob jects. ri ' (if T« ft® unf vntifc perfecV^uuion. (2) To eltablifh justice. (3} To ensure domestic tranquility. (4) To provide for the common defence. (5) To promote the general welfare. (6) To secure the blessings of liberty to themselves and their posterity. Jt would be pleating and uleftif to consider and trace the relations which each i»f theie objects bears to the others; and to shew that they colie&tyclv comprise every thing requi lite, with the btelfing of Divine Providence, to render a people p.'ofperous and happy—On the present occaiion such disquisitions would be nnfeafonaWr/ because foreign to the fub je& immediately under tori fide rat ion. It may be alfced, what is the precise sense and latitude in which the woids uto tftobhfn jiiflice," as here uftd, are to be ucdciitood ? The an,Avei' to this question will reftilt from the provisions made in the Constitution on this head. They arefpecified in the 2d. f(?ft« of the gci. article, where it is ordained, that the judicial power of tl»e United States fliall extend to ten descriptions of cases, viz (!) To al? ctife.i Hrifing tttttfet this tion—Becanfe t!w? meaning, conftru&ion and operation of a compact ought always to be j ascertained by all the parties, or by alithori- , ty derived from them all ; and not by one ot the parties, or by authority derived only from ! one of them. (2) To all cases arising under the laws cf the United States—Because as such laws con ftitutionallv made, are obligatory on each flare, the meafureof obligation and obedience ought not to be decided and fixed by the par ty from whom they are due, hut by a tribunal deriving authority from both the parties. (3) To all cales arifmg under treaties made by their authority—Because, as treaties are compa&s made by, and obligatory on, the whole nation, their operation ought not to be affected or regulated by the local laws or courts of a part of the nation. (4) To all cases affecting ambalTadors, or other public ministers and confute— Because, as these a- e officers of foreign nations, whom this nation are bound to protect and treat according to the laws of nations, cases al tering them ought only to be cognizable by national authority. (5) To all cases of admiralty and maritime junfdr&ion—Becaufe, as the seas are the joint property of nations, whose rights and privileges relative theieto, are regulated by the law of nations and treaties, such caJes ne ceflarily belong to national jurifdi&ion. (6) To controversies to which the United States Shall be party—Because in cases in which the whole people are it would not be equal or wife to let any one Hate decide and measure out jthe justice due to the others. (7) To controversies between two or more Rates—Because domestic tranquility requires, that the contentions of states ihould be peace ably terminated by a common judicatory ; and, becanfe, in a free country justice ought not to depend on the zvill of either of the liti- gants. (8) To controversies between a Hate and citizen"? of another ftate—Beeaufe in cafe a state (that is all the otizens oiit) has de mands against fctne citizens cf another Hate, it is better that she should protecute their de mands i>» a national court, than in a court of the state to which those citizens belong— the danger of*irritation and criminations ariling from apprehensions and fufpitiors oi partial r-.ity, being thereby obviated. Beeaufe, in cases where some citizens oi one state have demands against all the citizens ol another ftawe, the cause of liberty and the rights of men forbid, that the latter should he the sole judges of the justice due to the latter; and true republican government re quires that free and equal citizens should have free, fair, and equal justice. (9) To controversies between citizens of the iarae state, clausing lands undtr grants 501 of different ftates—.-Bs-cauOr, a< ?'>e ii> of the two llafes to grant the l.ni ft, are drjiWn into question, neither of tlie two Hates ought to dec ide the controversy. ftp) To cftnti overfies between 2 state, or the citizens thereof; and foreign fhites, citi zens or fubjetfls—Because, asevtry ndt'on responsible for the condutfi of its citizens to wardl; other nation's ; all qQefttons touching th* justice due to foreign batons or people, flight to he ascertained by, and depend on na tional authority. Kven this curfbry view of the judicial pow ?rs of the United States, leaves the mind strongly imprelfed with the importance of t hem to the prefer vat of the tranquility, the equal foverciguty, and the equal rights the people. (To be continues!.) From the (A-fw-Yori) DAILY ADVERTISER. Chi lds & Sw ai n i, THAVf) hern informed, at the meeting in the Fields, on Tharfcby lisft, rcfpc6t<ng the j lopriciy of Citizen Genet, I was 'opofed »« one of a committer for that j.ur • 7 -tfCifyh«'i t- r&-t>y pVc- -st* ihat I *'»s oppo.'ed to the im afure. The part which I have puifued, in the most public end unequivocal manner, and attach ment I h?ve manifefted in various wavn for the F ench 'Rrpublie, has rendered it nec< flary that feme reasons fnould be afligned for a conduct so appaienily iriconfiftcnt with former profeffions. Ir may not be arnifs to prtmifr, that some weeks ago, I very earjricjHy originated with ano ther person, and promoted, means for an ad rftefs'ta be then presented to the minister of Fiance. It being deemed premature by a num ber of friends (tho' very much again ft my opi nion) | formed that addrofs for mytclf, which has been presented to public view—and tho' I am periuaded the affeftton of Americans to the ranf. of that new and great Republic, is not in the smallest degree diminished ; yet circumstan ces have lately occurred, which might render it at lc?ft highly problematical how far we can be juftificd in duly lo ourfel.ves, in the way of ad drefy, to express our gratulation*, thro' the Mi nijler, to his conilituents—l therefore, at Jeaft, would have been glad of a pofi tx.nement. My reasons were the following ; they were -f 'undent tKr t'-rn# to roe \ Ser the h ?uci' - of my fellow-citizrns, I belicte if they had had the fame impreflions of their authenticity, nine tenths of those who met in the Fields, would have embrace d the fame opinion : Fir ft—Mr. Onet has declared, that if the Prefidtfnt of the United Stairs of America pur f'ued measures agreeably to his cnnftru&ion of treaties, he (Mr. Genet) would appeal to the people. This, or the substance thereof, is con tained to one of his memorial* to the Pre/idem, or wJSverhalVy reportrd upon an official com munication. Had he said, he would appeal to the conftitured authorities of his own country, for ?dvice and' dire£fion, he would have atted confidently ; and like a man who knew the proper extent of his power and duty: but to threaten the firft Magistrate of an independent republic, that if he did not conform to:he plea sure of a French Miflionarv, he would appeal lo the people, that is, would incite tht'm to infur rc&ion, riot and rrcafon, \s a species of arro gance and indignity to thai Magiftrate,and thro' him to the whole government, and every free American, which could never have been ex pelled, towards a people who have mani felled mod zealous and «'ccid<?d paiiiahiy to the nation he icprefents. Mr. Genet, tho' hereto fore he was the fubjell of a despotic monarchy, ought by this time to have at Jeaft learnt, thar in a country where there is no tyrant, but the known laws of the land, the people, as fucb, have no judiciary, legifl.nive, or executive pow ers 10 exercise, but ihro' the medium of their re fpcttive repieffntaiive?, in their fcveral depart ments. Bv the Laws and Constitution of our country, all the powers of government have been conligned to those reprefentative?—they v irtually confhtuie, and are the people, by representation, I freely and legally conferred—they are the only organs of the law, known to us I v the constitu tion ; to them alone, in their different stations, appertains the exclusive right of making, of in terpreting and of executing the laws when re qmfite. Foreign Ambafladori will find, mod aiforedlv, that Americans are a sedate, orderly, reflecting kind of men—too feufible to be long impoftd upon by the intrigues of or Frenchmen, and 100 spirited to fuffer rheir dig nity and sovereignty tube invaded by llrangers, in their commerce with the Guardians of our Liberty and Honor. If a French wr English AmbafTador, cfiarge d'Affaires or € »n'ul, may f3y to Us, or our Magistrate, thji i> the conjiruc tion \eu mujl jut vpon your treaty, or law, and (hall obfeive the lame accordingly, or 1 will appeal tothe people—then (indeprndent of the audacity ofthe thing, which is the fame, whether right or wrong in his opinion) we have no further use for President, Congress, Governors or Coniza tion ; we immediately become the vafTals of fo reign usurpers. No, my fellow'citizen*, so long ast we acknowledge there does exist a Constitu tion, and that under it we have an organized go vernment, we the people, independent of that constitution and government, have in our indivi dual capacitier, no a6ts of sovereignty remaining, hot fhole of thinking, speaking, petitioning and iiiuonitrating—a sovereignty which I hope we (hail iotcver retain inviolate. If our magiftraus [Whole No. 44$*] br'.ray rr»-v» h-ivff l»v rv.r own free \vitt, iilf-gd v c iiahhf 1 < d U a.icciui.-c- to thru removdl, or j»unifhm M iit. Hour 1.-iws are "n thrmfelves deficient, we have prtlcribed ihf mftdf, by whuii ihey (laall be amended, ex plained, or annulled—- aiMl if ihe conflimn* n i«- ffcH, i{, imperfect, we have, by it, declared., the mode feV which n fhalj be co-it£U«), God for bid l hnt in this free, ami enlightened we, or our pt>fteritv, fhouM cvtr fee the day, that a mob, efpeciaUy under the auspices of any foreign influence, or connivance, fliould aflame the leigns- of gove«nment, and diffare in that form, to their public trufttej, and the contmcnt, what shall be the law of the land. Secondly. It is reported, that th»* French Ambaflador, when applied to by the Governor of Pcnnfylvania to deliver 110, or order from on board one of the armed vrlifVis of France in the Dclawatc, certain citizens of that state, who had entered into the few ice of the Republic, the AmbaflTrfrtor refufed so to do—that he talked of the privateer defend t.g force bv force— and even boa ft d that he soon expefV d the arrival of a flret by which he would alTert his right and op poft* force to torce. I have however the charrty (the prermfes r»<vtwnhftanding) »o believe this r-nmof all be true. But upon what principle tut 'HTet pf^svivt-nar nation, and vnriment of i', could he rrfufc a from the Governor, so Tafonable and neccfl.-iry on our part, as a people, who tegard their public peace, and the fai»V* of treaties. Thirdly. There have bern two publications, in Philadelphia, one in English the other in French vrrfe, villifying in the molt impertinent and opprohious manner, not only per font in the highest drpanments of Mate, bin even Wafhin*- lon, the biave, and viituous fa'hT and f-viotir of onr countiy. Thefirft of these pieces, the printer wasfor:ed to acknowledge, was writ ten by Mr. Genet's Secre'ary. The latter i$ im puted to him, as being in Fiench verse, at which, he is said to bold a dexterous pen. C»rt there be ?n American wbofe foul is not filled with holy atf £hon, and gratitude at the remem brance of the deeds and conduct of General ? Yes—-To the dif*'ace of human nature, there are even Americans, who ft (fling the cknvr£tion of confcieoee—who uifbing lo destroy »lie federal government, and with it our present tranquility and" happiness, for the chance of plunder in the wreck ; daik, concealed, tia terous men, who hoping to gratify 1 heir inordi nate 1 ' ' * ' "* ' rations, and icpair their »uineri fortunes-, who ride in their conches, and hold ihoufands in bondage, unable and unwitting to pay hiir Bri tifli debts, lo ♦ Ire amount of a million fieri dig. I fav then; are inch who dare, impiously dare, for those lealons, to profane the reputation of that soldier and patriot, whose name is revered by the world. But language inuft want ex prffTion for our cruelty, fuoirienefs. or cowar dice, if nt home wt ramely fiiffer the majesty of the nation to be infultcd by the interfetence of foreigners in our internal politics, and the wan ton abuse of our public officers. Americans idolize the cause of the French — they consider it the cause of mankind—as theif own cause, and that of their pottrrity, for ages to come. Thry wou'd fight, they would die to support the independence of the Gallican Re public, when convinced it is neceflary. Thcv will rver pay a due reipoft to the fcrvants of France, and all o her u <tiom<, whilst they behave with propriety. These things have been fully evinced. But Americans pay more homage to their own country, and to their own mmiftcrSj than to those of any other nation ; and if ever the competition arises, which is our favorite man, they will certainly, adopting the language of the poet, fay, " Genet and Wash! nctov, how they found t 11 A feather, and ten thousand pound——" Fourthly. It is ?lfo said, that Mr. Genet has attached himfeH in a particular manner to the known enemies of the federal government ; to the revilersof the President, and of almost every public fun&ionary of rank in it, and that his general conduit has been ftu;h as to render it suspicious th.ii he teally wifhesby management with a certain set of men to fupjKHt the ftandatd of party in out" already too much divided land. If these imputations are founded in truth, and I have fufficient evidence to fatisfy mv mind that thcv are all literally or fubftinriallv so, then if Mr. Genet regards the true interests of his country, if He has declared the fa& when he said the Republic did not define us to engage in the war, hut only to manifeft our good will, See. If be wifhet to avoid the retaliation of h?s in dignities offered to our government, he will in the most public manner alter his past line of conduct, or retirui to his fellow citi?en« in France, for a fubftiture who may b«tter under stand theobjr£ls of his embr-fTy, and havr-aynfter fen ft of the real American cfiafafter. That *' peace may be within thv walls, O J-- rufaltm," is the fniccrc p»aver of your well meaning: Citisen Wm. WIJLLCOCKS. New-York, Avgvji c, 1793. Ditty. • '"tilt tht )>«»»«/< of , h» ip » rcc ' v4 A»b«ff«<r»fr and JlWftef' jiW rtii-pwiicui*,. hf is ihe rttclultv? «oiidu£lor c( ihe ua iou ; and in £hi» particular, tht f<M*i*igb'Y of the naiinn rrftdet in him alow. Thr fYrMrm, bv Tirtu# 1 ■ «>( tWs.powtr, h» r<(eite4 CiHlfi Gn*f tfc Aotufbcoi, aw! ftiU rceoftiize* bin M fvKJu. 0 -.V. " •
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