'- : 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.