■ .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. " •