'- : vi "■-■- l'■ A NATIONAL PAPER, PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 34, NORTH F1 FTH-STREtT, PHILADELPHIA [No. 127 of Vol. IV..] Chief }*fi<ce J A-Y's <» " wb&htr a j s#t% . [con ctu.DK>.] '"F'HS tjrtjftion nrow before ns renders. it.r(e- A ceXitry.to pay pai'ticiilai attention ta that p.irt of the, feft. ti(v ju^oal p.')Wer " ?« cottrnperjio bcfwttn a and, ci~ tizenf of Anothtr jlatc." It is contended, that tliß ooght to he construed to reach none of theft controverlifs excepting those. in w'nicU a nvty bs j/lai/ititf, The ordinary ri|ie», fir co'iftrnAion. will easily decide whether those W3i'd: to be in li mited feofe. This extension of power is remedial, brcaufe it is to fettle controversies. It is therefore to be confli'ued liberally. It is politic, wife and goad that, not only the controverts io whch a state is plaintiff, but aifo those in w.hU'h a ft'ate is defendant, should be fettled—Both ca ses therefore are within the reafoo of the re medy ; and ought to be so adjudged, unless the obvious, plain and literal fenle of the words forbid it- If we attend tfl the words, we find them to >e free flow &nl>i£uit)Y.apd without room for fucli implied exceptions— 4 The judicial power oj lh< United States JhaU tx end to controierfies betoor.en a- Jlate and citizens «J mother Jlate." ' Jf the constitution really meant to extend these powers only to those controverts in which a state might be plaintijfto the exclu lion of those in which citizen* had demands against a state, it is inconceivable that it flipivd have attempted to convey that mean ing in words, not only so incompetent, hut alio so repugnant to it—lf it meant to ex clude a certain class of these controversies, why were they not expressly excepted—on the contrary not even an intimation of such intention appears in any part of tlie coulli tution. it.cannot be pretended that where citizens urge and insist upon demands again ft a state, which the state refufes to admit and comply with, that there is no controvcrjy between them. If it is a controvcfy between them, then it c early falls not only within the fpirir, but the very word*of the Conftiution. What is.it to the cau'e of juftiqe, smd how can-it iiffett the definition of the word controvcrjy, whetheT the demands which catiie thedifpute, are made by a state again ft citizens cf another state, or by the latter againfr the fo*meri When power is thus extended tp a Contrcvcfjs, it necelfar'tly, as to all judicial pwrpofes, isal fo extended to tho.e, between wjipjn it fub fiils. The exception contended for, would cou tradift and do violence to the great and lead ing principles of a free and equal national go vernment, ontf of the great objects of which is, to ensure jjftice toall—To the few againfti the many, as well as to the many against the lew. It would be ft range, indeed, that the joint and equal sovereigns of this country, Ifrnuld, in the very Conftitqtion by which they proteifed to ejlablijh jujlue, to far deviate from the plain path of equality and impartiality, as to give to the collective citizens of one state, & rig it of filing individual citizens of another state, and yet deny to thpfe citizens a right of suing them. ♦ We find the Tame general and comprehen sive manner of expreifing the fame ideas, in a subsequent clause ; in which the Constitution ordains, that * 4 in all cases aflfe&mg ambassa dors, other public and consuls, and tftofi in which aJlate pi>ll hi a party, the Avpreme cdurt ihall ha\e original jurHfti&iau,"—Qid it mean here party.plaintiff-—if that inly was meant, it would hare been easy to have found words to express it—Words are to be under stood in their ordinary and common accepta tion, and the word party being in common usage, applicable both to plaintiff and dejcndant y we cannot limit it to one of them in the pre sent cafe. AVe find the Legislature of the United States etprefling tfeemfelves in the. like gene ral and comprehendve manner—they speak in the fcltion of the judicial ast, of cohrro vqrfiej where a State is a party, and a» they do not impliedly or exprefsty apply that term to either of the Jitigmns, ii) particular, we ire to underftar.d them as fpenking of both. In tl»e fame fcftion they the cases where Ainbaifadors are Ploivtijfs, from thole i(i which Ambaifadors are ucjinauus, and make dfferent provisions reloading tjiofe caes; and it is not unnatural to luppofe. that they would in lilce manner have diftin jyaiflied between rales w!iere a ft te was plain t If, and where a fta'e was defendant, if they had intended to make any difference be tween them ' or if tiey had apprehended that tlie Co.'iit.tutiou had ruaoe any difference betwcci. them. I perceive, and therefore candor n rgps me to mention, a circuinftance which fee ins to favor the opposite iide of t!ie quelßon—lt is fame fcftion of tl.c constitution \h ch extends-the judicia' power to covtro- T€Fjt%J between a lUte Ue citizens of -11 ■ ■ - Saturday, August 17, *795• another state," does also extend that power to con trover fa s which the Untied States,art a puUf. HQ\\ rit may be £ud y if the <yord jt/ety comprel ends b*«th Plaintiffand Defendant* it to)lows, that the United Staus may be fifed by any citizen, between whom and them tli#re may he a c&tttroverf\. This appears to me to be fair repfoqing—But the fame pnnciph * of candor which tr ge me to meption th-s objec tion, also me to lugmrft an important diiTerende betu een tl.ie two cafe?—it is this—■ In ail cafe* of ftions ag&mft flare's or indivi dual citizens, the National Courts are Tup potted in all their and co»,ftttiutiowal proceedings and judsmputs v by the auu of'the, ; executiye power of the United I in cases of,actions against the United Stares, there is no power wh.ch the courts can call to their aid. From this diftin&ion important conelufiufts are deducible, and tbs-y place thecafe-of a State, and the case-as the United States, in v?ry diifcreiat points of view. I wifli the fiate of society was so far iinpro-, ved, and thi it-cnce of government advanced ! toTucli a degree of perfection, a\ that the whole nation could in the peaceable conrfe of law, be compellable to do justice, ?,nd be.iucd by individual citizens— Whether that is, or is not, now the cafe, ought not to be thus cwf* , tcrally and incidental}" decided—l leave it a question. As this opinion, though deliberately foinjed, ; has been hastily reduced to writing between the intervals of the daily adjournments, and while my mind was occupied and w«*aritd by the bulyiefs of the day, 1 lea*, it is Itfs con cil'e and connefied than it might other wife have been. I have made no to cases, bfecaiife 1 know of none that are not diftttiguilh'able from this cafe Jrtqrdoesit ap pear to me neceflary to shew that the lentir njents of the belt writers on government and the rights ojf men, harmonize with the prin* ciples which'di reft my judgment on the pre feht question. The ads of the former Con grefles, and the ads of'many of the State Conventions, are replete with similar ideas; and to the honor of ilie United States, it may be cb/erved, tfyvt in no other country are this kind better, if so under ftojd. The attention and attachment of the Cohftitutioii to the equal rights of the 'people aredifeernable in almost every fen tehee of it ; and it is to be regretted that the proVi sion in it which we have been cotliJering, has not in every inflance received the approba tion a,id acquie-fcence which it merits.— Georgia has in ftfong language advocated the cause of republican equality ; and there is reason to hope that the people of that state will yet perceive that it would not have been confident with that equality, to have ex empted th«f body of her citizens from that fuabilitv which they are at this moment ex ercising a gain 11 citizens of another state. For my own part, I am convinced that the sense in which I understand and have explain ed the words controvbrfies between a state and citizens of another state," is the true sense. The extension of the judiciary pow er of the United States to fiich cor.troverges, appears tome to bc wife, because it is and. becau e it is ujfcfu/. It is horttft, becau (e it provides for doing justice without refpeefc of perfonx, and by se curing individual citizens as well as Sfates, in their refpeftive rights, performs the proqiifp which every free government makes to eve ry free citizen, of equal justice and pro tection. It is ufeful —because it is honest—because it leaves not even the most obscure ard friend- Jess citizen without the means of obtaining justice from a neighboring state—because it obviates occ: si >ns of quarrels between States on account ot the claims of their refpedlive citizens—becanfe it recognizes and strongly rests on this great moral truth, that justice is the lame whether ciue from one man to a mil liqn, or from a million to one man—because it teaches and greatly appreciates the value of our free republican national government, which placfes all our citizens on an equal footing, and enables each and every of them to obtain justice without any danger of being overborne by the weight and number of their opponents—and because it brings into action, and enforces this great and gjorious principle, that the people are the sovereigns of this country, and consequently that fellow-citi zens and joint fovei e gns cannot be degraded by appearing with each other in their own Courts to have their controversies deffcritil ned. The people have reafoa to prize and re joice in such valuable privileges ; and they ought not to forger, that nothing but the fee course of constitutional law and government can enfuve the continuance and ei j >yment of th.ejn For the reasons before gjyen, 1 am clesHy of opinio;], that a ftaie is fumble by citizens of another ft ate ; but left I flionld be under. Hood in a latitude beyond my meaning, I thiok it necefljry to f'ubj >in this caution, viz. T hat fnch fuabi iry may neverthcleft not expend to all d.rn anils, and to every kind of adionp» there may-be exceptions—-for inftince—-I am far from biing prepared to fay that an indi 505 vidua! may sue a state 011 Mill of credit ifftied betfore*rtt* xwtrftittrtiim wtV eftublifked, and whiclj Sjyt <ij&fed.and re.cejjifd 011 .rtie t:iit •? iot'tTic flate,'V<jd at i* ije .«Jca < ir 'excitation of judicial tertained or cußtemplaled. From the New-York DAILY ADV t RTISLR, IT is that rl:e fpi ritofjealoufy, and fa&iun, winch fticwed itfelf uerptofoWJwith ilie greatest caution ai d wjjfc decency, jsifC? the arrival .of the frerch -Aiiihafjiador hash oke out,with voltan'C fury, threatening the President, the Secretary ofthe. "Treaftjry, a-nd other officers, hi its way; in Qu>i t,.thc fiweinjwont.itielJ", with anniitilp . tion.' she ilmoft eachifive con nexion M'. Sepet, jt i vf.tjd, has (wined, wiih ■ certain defigliinp, reftlcfs and emb'itious men, to the foiithward, has induced a rational Us- independent o t'other ciicumftance c , that ycitlisrthe £mich Amba(li<!or.has bejome die " d«f» <>f a pai fyj, or that lie meditates thioiigji it, figainfV Ajnerica, fnme deligns a* yet nnpe- netrated—rrjiptf w>acco\inr&fc!e. lkc#iiie we cannot fee a-fjngle ajJy.anYagj? to lie. prppofeAi either to kiij;felf. flt the people who feut birn h»re—-by alienating the regards of map tepfhs | of a fcotnnAinitv, who, unmindful of their citn j interir.il diffentioirs, have uniformly, ard at f the present moment ate teftifviugtl.cij regaid, ■ t6 tjie; cajife of liis ctfijntiy, tjy. e««ry ! fion of enthufiaflic attachment —Some niftn j have certain predprtiinsint natural propeufi 1 ties, which will difcoter themselves in every fttuation they can tje placed. j : AttnoU Is (aid: to haye been always a.difim. j joflcfjiiiTg, tJiefe |>fo|ieuij|i«fs. | he. hH and would, l}3yp. Ajcrj-. | ficedTfiis Jellnvy foldifrs and countrymen.— J tfwfttgjji & man of great abilities, J was khAw<i rob»tl*4ittite of iworalcbatsfte'-, j and? tfceret'jire tnVftTdr with. difliclcnce. His j pr«A)p*ijiant ifeifAs all hjs gl»rj'r~in, ; a'(tempting toV.tray. to the flefpots o(^> ope; •> the liberties of his fellow citizens—aad thus, ! other men, not engaged ih cabals anr! intrigue, i are ai fiftoivt'of the water. It fs supposed the following proportions do in reality form the political bib/c of every ho ne ft and unparty influenced inhabitant ji)k the United States. ». That a state of war, internal, or exter nal, is a state of ti> becoiirt cdr-»hut always to be avoided, -unless induced by the ahfol.ute, neceisty offefy 2. That Americans, under tlieir exifling constitutions, are the mort happy, free, en lightened, and pfofperous people on the fare of the cajth. That such being thp : r situation, it is their duty and iptereft to abftajn from wars, hoth foreign and domestic—to ma.intain and culti vate the blefljngs of peace with all the world— and especially, by the most cit curafpetf, wife and prudent tonduft so to as by oblei vjrg an impartial neqtrality, with refpeft to the present belligerent powers of Europe, not to be drawn into the vortex of their politics. 4. That it is to the honor and advantage of alt governments, and especially of the United States of America, as being the youngett on the lift of nations, to perpetuate the glory they acquired in the eftahliftiiaent of independence, by the faithful observance of public treaties. 5. That it would most probably be 0111 best policy, I ke the Chinese, to have no treaties, or stipulated communication with the mrtijr*ns feparated from us by oceans, but those 'which fhonld naturally a rile out of commerce, the arts, and sciences. 6. That as in the federal government, all lawful authority is vested in, and can tberefoie only be ejcerciJecj! in, by and thrp' the House of llepreientatiyes, Senate and Frefident, all a&s of the people, in their individual capaci ties, alfuming legifljtive, judicial, or execu tive powers, are incompatible with the autho rity constitutionally and freely inveftefl, by them, in their rcprefentatives : And are null and vo'd. 7. That Americans being a considerate and wife people—whenever they discover defici ency in the.r IVlagiftrates, Jaws, or constitu tion, thev ought to seek red'efs and amend ment, in a peaceable way, by solicitude and perseverance, tempered bypiudenc£. 8. That it i$ the undoubted right of the Citizen, upon a supposed i'jury, to think, speak, deliberate, petition, address and *e monftrate. Thar frequent and free eleiftion-ywhen uu rtflv&ed by bribery and corruption, and unin fluenced by party, and the intrigues of artful and designing individual,are the greateitand certain fecu» itics again ft the mvafion of our liberties, by the iervants of the public, and others—and therefore to be guarded and maintained inviolate. 9- That having a government, andnfficers of tNargovernmetit, who are by the known laws"of tlit larwl rttpcmfibte for their coudufl, wliilft t!ie one exists, and the other* are in office, they oußht tobe fupported—thevought not to he inTulted: But when guilty ofcr'mei or mifdenieanors, relied, tried, adjured [Whole No. 449.3 and thax pticpo-Te coniiituti'mfllly . 23. That our - w fV'xeo V, V A SHIN-T i"0>«, ; n.i;' v r f C: 'c .■ elected General of the Anuesof the United States of* America, by r:ie irian ir.ous 'utf-Vages of o>np,refsv 'in the litre cd iff eft so. Fretdcm with the Vernluent of 'Gtval •Britain, having, conducted himfelf during that, h nf;, eventful and bloody war,. utexsmp'co si Piref*. difinteieited pstr'utifm-<ti>d va'ourj jrerHapa unexcteded in the'annals of hav ing, Ciocinnatus like, returned victorious over • his enemies to the plow; having aj»%ir Hr. j n called out by she unanimous wifli of his fellow cit iz-ns, to ac cept the chief executive of otii' exteuuve and complicated repuhl c ; and hav ing in 'thin capacity, amidfi rl.e clamours of discordant parties, condwvrcd the pqblip weal kaft impeachgient'of his political integrity, uriteis it is by the aqonymous (hafts of a tc-w fjtftjAn?, envious, and ambitious T atforS, who f »reve» exist in ei?ry commu nity——Me Kdut'tiedl to the molt gritcful aflcc tio: am ffcppovt '.fall hh countr> men. ir. That the the United States " e freeand independent. * T'at {hey arc c i pnb!;*, *nd have the Trie right to judge a: d determine M v tfe cfr'ntfurfr of ifU thc-i; public orficer*. 12. That any attempt by foreigners, in whatever character they aj>pt*a', Ml the fmall eit degree to interfere wiih t'.e h»cal politics or parties of our country, or to i'nlult the Ex ecutive Authority of the Federal, or any of the Sr-afe governments, is an immediate in Pule to thePe governments, as well as the governed; and ougjit to be treated with the Contempt and prompt chaftiffempnt due front all sove reign nations to the authors offuch temei ity.' 13. Th<i! the AmhoiTadot tiom France his her y a* tbr to ihe ve of our govcinsmnt. wliich ; re reported, and is inveigling, or is invcigl d, into any ot ihe "re vailing partus in our countiv, he mull crrtainlv b-e r.£luated by iinompei motives—must lose all nftlulnefs 10 I s, or his constituents—must be a dangerous nun-*-oiij»ht 10 he fhunn. d as P.fti- Icntial.— at><l ought to be returned fiom whence he came, with .ail ihe expedition conliltciU With •he ufagc ol nat ons. 14. TJ>at buying undr« flood from this Air bafladoi's own dec t# ration,,that the Republic of Fiance does not with us 10 take a part in ,tlie prrf nt vftir with. the of E»fOf>e —and finding at the fame time that this (news a difpofmon to aid and inflame ihe fpi.fi,t of dilcord exiftiup Union—and all th'S at a time when, however we ditfer about our own inUnicipal in crt-fts,.there isurn-qmvocsl • nd dai ly te ftimpnv gjven, of oijr bfcing united in alnioii, a frantic paitiality to the cau'c of his country men. I fay, We tiave but one °f two condufi oi.s to draw from this condufl, viz. Either that the French, ha ye fpme unhappy djrfign upon our. country ; or that this inconPillencv avifes front the weakness, misjudged and unamhorifcd poli cy, or naturally unfortunate propensity in the individual for intrigue and The firft fe.ems impofijible, the latter is moil probable. 15. Thai until thffc things are cleared tin. or better understood, it is pr» mature to addiefsthe French Republic, thro J this Ambaflador, and' w ill be derogatory .to the honor of the United States. 16. That the late proclamation of the Prefi-, dent to the citiz.ns of the United State*. to oij ferve a ftri& neutrality, See. w,i> another inftanre of his watchiul and paiernal attention for the true intends and happinefi ot his fellbw citi zens. That this proclamation was r.nt an ast of I>- giflation, 'hat u v>(zs meant tor, and couJd pofli biy amount to no than ,a friendly monition to all, and cfpeciallv to those, who, being influ enced by extravagant attachment to the French, or prompted by inordinate profpr&s of g-Mn, would, regardjefc of the general advantage and felicity of rhc commonwealth, have covered tjie ocean with American privateers—and led us headlong, with all our fins and debts upon our backs, into an unprofitable and ruinous war with England, Spain, Portugal, and Holland. 17- Thai though 11 could have made no eifin tial difference oihei wife—it would, poflibly—- have cafid the minds of a few weak, or have flopped the mouths of a tew designing reft left men—if the President in his proclamation had adverted to the treaties wi:h France and other nations. 18. TH.v from the uiiiformlv patriotic conduct of ihe Prcfidcnt of the United States— We have not ihe leail reason lo fufptft that errr he has or will knowingly pursue mrafurcs, either in » public or private rc fyetf, injurious to his country — That he has Dot nian'.fcffed, in any instance, a want of attachment to the Republic— but upon every proper occasion which has oc curred, the veiv revets. ——rhat the fame will be thi coudutt ol Coiigrefn, when convened—That we ought to love Gt n. Washington, and do love him — And any man who dares to in full, or re port evil of him, mud be a had man, and ought to meet with chaUtfemrnt and contempt from evcrv freeman of Ame»ica, who wifljes a conti nuation of the blessings of prosperity and peace. The refill ue refpe&mg the violation of trefty by the convention—in the next, from Your Ftliow-Cifitcn, Wm. WIJ.LCOCKS. h 7 en)-Y(,rh % Jugijl 1733.
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