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Page:United States Reports, Volume 2.djvu/478

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4;:. Casas ruled and adjudged in the ryqg. mn flaves among us may bc fo called) and have none to govern /YV but tlvmjilwr; the citizens of America are equal as fellow citi- zens, and as joint tenants in the fovereignty. From the differences exifting between feudal fovereignties and Governments founded on oompadts, it neceffarily follows that their refpeélive prerogatives muft differ. Soverignry is the right to govern ; a nation or—State-fovereign is the perfon or perfons tn whom that refides. In Europe the fovereignty is ge- nerally afcribed to the Prince; here it refts with the people; there, the fovereign aflually adminifters the Govemment ; here, never in a fingle inftance; our Governors are the agents of the people, and at moft ftand in the fame relation to their fave- reign, in which regents in Eumpe Rand to their fovereigns. — Their Prince: have per/`mal powers, dignities, and pre-eminences, our rulers have none but rficial; nor do they partake in the fo- vereignty otherwife, or in anyother capacity, than as private ci- ttzens. ad. The feoood object of enquiry now prefents itfelf, viz. whether- fuability is compatible with State fovereignty. Suability, by whom ? Not a fubjeft, for in this country there are none ; not an inferior, for all the citizens being as to civil rights perfe€tly equal, there is not, in that refpeé}, one ci- tizen inferior to another. It is agreed, that one free citizen may fue another ; the obvious diéhtgs of juftice, and the purpofes of foeiety demanding it. It is agreed, that one free citizen may fue any number on whom procefs can be conveniently execut- ed ; nay, in certain cafes one citizen may fue forty thou- fand; for where a corporation is fuecl, all the members of it are afitmléy {ned, though not pnjiaally, fucd. In this city there are forty odd thoufand free citizens, all of whom may be i collectively fucd by any individual citizen. In the State of Delauure, there are fifty odd thoufitnd free citizens, and what . reafon can be afligned why a free citizen who has demands a· gainft them fhould not ptofecute them? Can the difference between forty odd tltoufaud, and iiftyodd thonfand make any difiindiion as to right? Is it not as cafy, and as convenient to the public and parties, to ferve a fummons on the Governor and Attorney Generalof Dt·Lz·w.n·:, as on the Mayor or other Ofiieers of the Corporation of Pbidvchhvbin ? Will it be {uid, that the fifty odd thoufitnd citizens in 1)eln·wm·t· being aflbciatcd under a State Government, {land in a rank fo fuperior to the forty odd rhoulirnd of I’»f=i/tzahfolwin, aflbciatcd under theirchar- ter, that although it nmy become the lattcr to meet an indir·idu· al on an equal footing in a Court of juflice, yet that fuch a pro- rcdure would not comport rr ith the dignity of the former ?-·— ln this land of` equal liberty, {hall forty odd tltottfimd in `onc place be ¢.o::;p;·fl;:l;ft: an do guftitw, and yet fifty odd tltouhmd in anoth·rr