officers and fuldiers of the late army—and whether we have ever
paid them. If we have not, is it not justice that they should be
paid. This is bringing the matter to a point ; and I cannot but
agree with my colleague, that we are as a Court of Equity, from
whom these people have a right to expect justice ; and wc may re
member, that however zve may decide, there is a Judge who will
do justice.
The time is now arrived when justice should be done : Thistime
has been patiently waited for; and I don't fee how we can avoid
doing full justice to the uimoft of our power.
Hr then observed, that it appeared to him much greater injustice
"would be done in paying the speculators the full fuin ; it was more
than they ever expelled, for they had often expressed rheir doubts
of govCrnment'sever paying off the securities. Upon the plan pro
posed, they will gain a profit in general, befidesthe intereftot their
money. It has been said, the securities are a contract between the
holders and the government : This is ftri£lly true as it refpe&s the
original holders. The measure it is said will operate as an ex pojl
fa&o law : He had recurred, he Said, tothe Constitution, and found
theclaufehad reference to Bills of Attainder: On this idea, go
vernment may not interfere in any cal'c of fraud, for that unfair
representations were used with the unsuspicious and needy soldier,
cannot be doubted. He hoped that gentlemen would not be tax
ed with want of candor, for addrefling their arguments to the
heart as well as the head. When a cafe is doubtful, the heart is of
ten the surest dire&or. It is happy when they both concur in our
decisions.
Mr. Boudinot : I conlider the right determination of this qucf
tion, as the key stone to the fabric of the public credit: As we lay
this, will be the weakness of the ftru&ure. He had
thought differently, at different periods, on the present fubjeft.
He rejoiced that it had been brought forward, and hoped it would
be discussed with candor and deliberation. He wished that rhe
House should consider themselves as acting in the chara&er of a Ma
tional Legijlature. If we lose fight, said he,of this idea, we shall do
great injury to the fubjeft, and every step we take we (hall plunge
ourselves into still further difficulties. He observed, that there ap
peared to be a coincidence in one particular sentiment, and that is,
that the debt is just, honorable, and meritorious. It is also agreed
that great part of this debt has been liquidated, and flipulated terms
of payment given.
The incapacity of the United States was the only cause of that
species of evidences of the debt's being given, which have from the
fame cause depreciated. [Here he read thfc Ordinance of Con
gress, empowering the original holders of certificates to transfer
them; in which the transferrecs are considered as persons disco
vering u the mojlconfidence" in the government.] He then observed
that the proposition offered by the gentleman from Virginia, was
brought forward in such manner, as to demand the most fair, can
did, and decent investigation. [Here he read the several classes in
to which the creditors are divided by Mr. Madison.] With ref
pett to the firft class, those who have retained their fccurities, he
agreed with the gentleman. In regard to the second, those who
alienated, he said he could mention many persons in this predica
ment, as meritorious as any description of fufferers that can be na
med ; but as the gentleman had not held them up, as obje&s of
future indemnification, he should fay nothing more refpe&ing
them. He then adverted to subsequent parts of Mr. Madison's
fpcech, and observed, that gentlemen had used particular terms, in
such manner, as to induce foine confufion. He instanced Public
Faith, Public Credit, and Public Justice, &c. With refpeft to the
original creditors, he presumed that gentlemen would not contend
that the persons, in whose names the fccurities are issued, arc only
to be considered as such ; as it is demonstrable by inconteftible
facts, that far the greatest part of original holders' names do not ap
pear in the certificates. He then defined the term Justice, and
observed, that Public Justice is distributive justice ; and is often a
different thing from private justice; the latter may operate partially,
the former always generally—and in this way equally. He pointed
out the precise ideas on which the public paper was issued—that
the contrails were formed upon tho idea of the transferable quali
ty of the payments to be made ; th<* transferree is theiefore ipjo
Jaflo the original creditor. He then adverted to the do£trine of
insurance, and from a variety of dcdu&ions, shewed that the pro
bable value of the securities had been paid in all the stages of ne
gociation. He quoted D'Avenant, and the Secretary ot theTrea
fury, to fhew,thatftock on interest, agreeable to all the rules of cal
culation, is always less valuable than cash. Sir William Daven
ant fays, that a capital of ios. is worth only ys. cash. He reversed,
the prcfent situation of the count! y, and placed the purchaser of
the public paper in thecircumftances it would probably have be*
in, 'had the country loft its independence—and asked whether.* ie
fuffercr who had confided in the final success of the country,
conceive that the feller was bound to indemnify him for ■
He further insisted on the exillence of the contra&—and in» a n«cd
the common and universal practice of merchants, andoor^ rs t ,n
all transferable and ncgociablc business—and from a l'" lr " crrec '>
and insisted that the aflignee stands precisely in the %oe * l f lc
assignor. From this he adverted to the objeflion, a '* n S fro®! its
being an ex pojlfaflo buAnefs—and as weare expr* s ' v p re cluded
from passing any such law, the proposition a m °ft palpa
lle violation of the Constitution. The gentlcr jn speaking in
replyto this objeflion, fays, that on recurrin» to Constitution
he found that tneclaufe referred only to p<-> :It, S of attainder.
Mr. Boudinot then read the claufc, an-' remar^c " iat con
✓ceived the gentleman had given the cH fe b f ut a cursory reading—
the passage runs thus, " Congress P a^s no tx P°fi f ai '° ' avv
—or any bill of attainder"—He tK n pointed out the particular
operation of the measure—as bc**6 retrofpe&ive to the fulleft de
gree.
He combated the idea tha'£° n S refs has a to set as j ud g es
on this question—and infiM that this would prove such a viola
tion of the constitution a- must make every man fhudderatthe con
sequences— Congress not competent to determining questions
of justice and equity between citizen and citizen—this is such a
question and judicial courts are alone competent to deter
mining the mat*r.—Mr. Boudinot dilated largely on this senti
ment in this of his fpcech—and represented the evil effetts that
"would refu.'t, from Congress forming itfelf into a court of judica
ture.—H' then entered into a confideiation of the effects which
such a measure would have on the public credit-—he said in his
opinion it would be a fatal stroke to its very existence—all public
confidence would be deftroyed---the public fccurities would im
mediately fink below any price they have ever bcc<i at.
He exhibited in striking colours the wretched predicament that
all this property would be placed in ; a situation that would to
tally fruftrate all our hopes under the constitution—He repeated
the observation refpefting the imbecility of the late confederation
—and fhewr d that tho the individuals who composed that body
"were persons of the ftrilteft honor and probity—yet in the public
character which they held as legislators, judges and executors,
they were constantly discovering by their decisions that personal
property and private rights could not be protected in such an af
lbmbly—a full conviction of this, -brought about a revolution in
the government—-with refpeft to public opinion—he obfeivcd
that what W2i said in a private circle or by eighteen or 20 per
sons in a neighboi hod, could not with any propriety be consi
dered as the public opinion—there is in my opinion said he, a
better mode of ascertaining it—and that is by turning to the a&s
and doings of the people in the several state alfemblies—feveral of
them have been recectty in fcflion, and in consequence of the idea
being circulated that.their refpeftive debts would be assumed by
ttje general government—they have voted to provide for the pay
ment of the interest on their refpeftive debts, without faying one
word about difciimination, from whence it was fairly deducible
that the public opinion is not in favor of the measure.
■"d on tins article by faying, that no ev dence of any
,t has be<. n offered to the committee, to shew that the
HC CI:
kjud v.-. 1 '
public opinion is in favor of this idea—on the other hand, the to
tal silence observed on the part of the persons who are to be bene
fited, is-a negative proof to thc contrary—he replied to the rca
fons which had been afligned for this silence—and thought the
dispersed flatc and poverty of the soldiers could not be confidercd
is a fufficient rcafon.
He entered into a full consideration of the instance of the South
Sea bubble, whii h had been adduced on this question—and laid
that the circumllance did not apply, but on the other hand was di
re&ly opposed to thc present proposition—Mr. Boudinot here
shewed, that the interference of the government on this memora
ble occasion was altogether in favor of the public crcdit, and to 1
oblige the Company to make good their contrails.
He took notice of thc MifTifippi scheme—on this he said he
could not dilate so fully—but from the issue of that business, as
exemplified in the conduct of thc commiflioncrs employed on
that occasion, who plundered the public of millions—he deduced
the pernicious effe&s to be apprehended from appointing com
miflioncrs as must be the cafe, to fettle thc business on this plan.
Mr. Stone, after an introdu&ion which we did not hear—ob
served, that the members appeared to differ exceedingly in their
opinions upon the most eflential principles—on public justice laid
he we appear to differ very widely, the objeil therefore must be to
produce as great a union of sentiment as poflible—He went into a
consideration of the constituent parts, of a contrail—and insisted
that their validity depended altogether on the equivalent—where
no such equivalent can be adduced, contrails even in England,
have never been enforced—He applied this idea to the paper evi
dences of debt received by the officers and soldiers of the late army
—no man will fay that they have received an equivalent for their
services-—he supposed that no credit was due to the speculator for
his confidcnce in the public faith—as to the ri(k—between buyer
and feller, there was perhaps not more than one penny difference
—Mr. Stone observed, that if the speculator purchased a fecur-ty
of £ .100, for £'.io t on the idea or assurance of obtaining the
full payment, he was guilty of a fraud—therefore as this not
supposed to be the cafe, the speculator will have full juftA done
him, by being paid his own money with interest, and** f
would l>e as much against the feelings of the fpeculato 10 receive
10 for i for his money as against those of the soldi' to be rc ~
lmburfed what he had been so long deprived ot—tp inability of
the countiy to do full justice isnot to be admitted-.' as he observed,
that if there were purchasers to be found, the prP cr *y U
nited States would fell for 600 millions, and w- have only 80 mil
lions to provide for.—He enlarged uponthe -'erits of the soldiers
— and aflerted that they had for years, fuf» re d as persons who
had been guilty of some crime—and ihis i«*he Situation of men to
whom America is indebted for her independence— we e*o j
tice to these men we shall establish our grafter for humanity and
we shall always be able to command nC services of such persons;
but 1 f not, the defence of the countrv** ll devolve on mercenaries,
who will be paid.
On the fubjeft of difcriminatio* he laid it'down as a principle
that thc country could not ftan^ c foock of a governmental in
terference in alteringthe debt, by paying a less sum
than the securities fpecified—' would focontravene their habitual
ideas on the fubjeft that he«' as opinion the most fatal confe
quenccs were to be appreV n ded, should the measure be attempt
ed ; still it is a proper enquiry, to whom this amount is
juftlv due—this appear? 0 devolve upon the national Legislature
as the only authority to doing justice.
(To be continued.)
WEDNESDAY, FEB. 24.
Sundry pctitio* were prcfented, read and laid on the table.
The bill for 'g'datingthe Poft-Office was read a second time,
and referred t a committee of the whole House, to be taken up
on Monday 4fXt *
Ordered nat 100 copies be printed for the use of the House.
On mo on f^e memorial of Thomas Barelay was read the se
cond tin:* anc * referred to a fcleft committee conftfting of Mr.
Clyme» Mr. a g c » Mr. Sinnitkfon.
S other memorials were read and committed.
j n jmmittce of the whole on the Report of the Secretary of the
TrH ur y-—The aflumption of the State debts under confidcration.
Ar. Stone, Mi. Sedgwick, Mr. Madison, Mr. White, Mr.
mes and Mr. Fitzfimons were the speakers. Mr. Madison pro
ofed the following addition to the resolution, viz.
And at the fame time, That effe&ual provision be made for the
liquidation of, and crediting to the States, the whole of the expen
ces during the war, as the fame has been, or may be Hated for
the purpose, and that the best evidence of the fame be taken,
the nature of the cafe will admit.
This proposition occasioned fomc conversation, but? the com
mittee rose without coming to a decision.
The House then went into a committee of the whole, on the
naturalization bill.
Mr. Baldwin moved that the clause which prohibits foreigners
from holding lands in the United States, should be struck out ;
this occasioned some debate, which consumed the time, w thout
producing a decision. Adjourned.
THURSDAY, FEB. 25.
Mr. Gilmao of the committee of enrollment, reported, that they
had examined the enrolled bill, providing for the enumeration of
the inhabitants of the United States, and found it correct : He then
presented it to the Speaker, who signed the fame.
Mi. Boudmot of the committee appointed for the purpose,
brought in a bill for securing to authors and proprietors, the copy
right of Books, Charts, Plans, Maps, &c. which was read the firft
time. *
Mr. Thatchcr presented a petition from the weighers, gaugers
and measurers of Portland, Maflachufetts.
The petition of David Cook was read a fccond time, and refer
red to the Secretary at War.
Sundry memorials were read and committed.
In committee of the whole on the report of the Secretary of
theTreafurv; Mr. Madison's amendment to the resolution for
the aflumption of the State debts under consideration
Mr. Huntington fdfd that he did not obje& to the tenor of the
"proportion : but thought the last clause, " That the best evidence
shall be taken that the nature of the cafe will admit" would af
ford a dangerous latitude, as it might open the door to innumer
able impositions, and would swell the public debt beyond all con
ception ; if there weieany peculiar cases, such as loss of vouchers
by fire, devaluations by war, and other casualties, provision might
be made by Congress tor such cases : he hoped the words would
be struck out.
Mr. White after a speech of moved that the
following Ihould be added to Mr. Madison's proportion, viz..
Provided such alTumption shall not exceed the sum which ag
itate may have advanced above its just proportion, as the fame
{Kail appear upon its liquidation ; this produced a debate which
lasted the remainder of the day—and an adjournment being called
tor, precluded any determination on the motion.
FRIDAY, FEB. 26.
The Repot t of the Secretary of the Treasury, on the petition of
Francis Bailey, was read the second time.
Mr. Burke moved lhat it be referred to a feleft committee for
the purpoQj of bringing in a bill to provide for the particular cafe
of the petitioner.
Mr. Livermorc objetted to a special committee. He observed
that Mr. Bailey is one of the last persons lhat needed a special in
terferrnce in his favor, as it is impofiible, according to his own
words, for any person to find out"his invention. He is therefore
perfectly secure from being injured by counterfeits.
Several gentlemen spoke in favor of the motion, and a fclcft
committee was accordingly appointed.
Mr. Gerry, to whom the memorial from the commiflioncrs on
-366-
the public accounts, refpe£ling the fabric of the clcvks in the
office was referred, reported,that the salaries ofthofeclerks Iho'7i
be raised to 500 dollars pr. arm. any law of the United States to
the contrary notwithstanding.
Sundry a&sand rcfolutions of the legislature of the State of
South-CaroJina were communicated by Mr. Burke, and read
mong others--
An to cede to the United States the Light House, &r.
Iu committee of the whole on the report ot the Secretary 0 f t|
TrCafury ; the aflumptionof the State debts under confidcratiorf
Mr. Madison's and Mr. White's amendments were read • th c
debate was resumed and continued by Mr. Stone, Mr. Burke
Mr. Clymer, Mr. Ames, Mr. Patndge, Mr. Fitzfimons, Mr'
Sherman and Mr. White': and the question being taken on Mr
White's motion, it pafled in the negative—32 to 15.
Mr. Madison's motion being again read—after a ihort introduc
tion, he moved, that the following proviso (hould be added to ir"
viz. Provided that in cafe a final liquidation and adjustment of the
whole of such expenditures, and provision for the payment ot the
ballances due from Debtor States to Creditor States,' Ihall not be
made before ihe-— day of the debts assumed fliall
be liquidated and adjusted, among the States, according to the
ratio of repicl'entation, and effe&ual provision be henceforth made
for payingthe ballances to the Creditor States, at the expcnce of
the Debtor States. This will be thc next fubjeft of difcuflion.
The committee rose and reported progress.
The committee on the petition of Francis Bailey, brought in
a was read the firft time.
U committee of the »vhole on thc naturalization bill • Some
rfogrefs was made in the difcufTion ; but the committee rose with
out finifhmg the business, and the House adjourned to Monday
IMPORTANT EUROPEAN NEWS.
Received by the latejl Arrival.
CALCUTTA, (East- May 20,
P.Y letters froin Bombay wehave been favored
-U with a more particular account of the opera
tions of Tippoo before Tellichery than has vet
appeared.
On the 23d of Marcli, Tippoo approached the
neighbourhood of Tellichery with a force so can
fiderable ae to be seriously alarming. On the
26th, he encamped on Tandatenny, within fight
and not more than four miles distant from the
town. One of the feapoys belonging to the ear
rifon, cutting wood 011 the banks of the stream
which separates the diftricfts of the English and
Tippoo, was wantonly shot by a party of his
troops. From the difpofnion of his army, and
some threatening appearances, an attack was
hourly expeefted ; the inhabitants, to the number
ot two tlioufand, were, in consequence armed
Several deserters came in from Tippoo's army
and these he required to be delivered up in the
moil insolent and unbecoming terms. Very pro
perly, his requests were treated with the utmost
contempt. Among other deserters was a party of
Frenchmen who belonged to Lally's corps ; that
these men fliould be delivered up, Tippoo was
particularly anxious ; however, to be out of dan
gei, they were lent round to the government
at Bombay 011 the Shah Syriah. On the evening
ot the 30th Tippoo, with his whole encampment
marched off, avowedly for Pimlipatani, but as
the veflel which brought this inteligence to
Bombay left Tellichery the fame night, it is un
certain where he has diretfed his rout.
he Government of Bombay have given pro
tection to great numbers of Nairs to whom Tip
poo has shewn a inoft implacable hatred, and 011
whom he has indiscriminately exercised the molt
ltudied cruelties ; many of these poor wretches
has he again and again, marched into wide and ex
tensive plains ; there ordered their legs and arms
to be cut off in his own presence, and in that mu.
tilated state left them laying on the ground, pro
hibiting under pain of death any relief being
afforded to the miserable f'ufferers. During the
march of I ippoo from Seringapatnam to Tilli
chery no less than five thousand have been facri
ficed to the vindictive caprice of this unfeeling
Tippoo.
MADRAS, May 10, 1759
The letters from the foiuhward, received yes
terday and to day bring an account of an oppo
sition to the detatchment under the command of
Col.Stewart,rather more obstinate than was expec
ted at so eaily a stage ; and of an adtion 011 the
14th inltant, bravely maintained by the Murdoos,
as they were called—Vellee Murdoo, in defence
of the fort at Collungoody.
The following are the particulars mentioned in
an extraifl of a letter from the Camp at Colun
goody.
" This morning at fix o'clock we began the
attack, and I am very sorry to add, it was despe
rate and bloody,beyond conception ; it lasted un-
near one o'clock in the afternoon, when the
principal village was taken ; but it was stormed
once or twice before this could be effected, and
our people were repulsed with the loss of some
men ; the artillery could not get up to support
them, ortheymuft have carried it thefirft attack.
Lient. Taylor was shot through the thigh by a
muiket ball ; Capt. Read slightly wounded in the
leg ; as near as I can guess, four or five of
our grenadiers are killed, and twelve wounded,
iome ot them mortally ; many of the 72d are kil
led and wounded, but none of their officers.
Mr. Freer is shot through the arm, and the bone
dangerously shattered. Ensigns Macklerah,
Ridge, and Cornack, are wounded, as is Lieut
Cuppage (slightly) in the hand. Several feapoys
killed and wounded ; the Nabob ; who is with 11s,
is also wounded.