ft, that nations cannot admit cunning into their
councils without it's iheuding a malignant influ
ence on their affairs. Experience teaches govern
ment, as well as men, that nothing is fafe that is
We have endured tender laws, and the
pitiful expedients of a trickiih policy. Our ex
perience has coll us dear. The old Congress,
however, were guided by other maxims—with
little power,and Icarce retaining the niockrepre
fentation ofit duringthe whole year, they prole
tilted the obje&s of an honelt policy with a zeal,
Which repulses and despair could not extinguilh.
They could fay with Francis the Ift. after the
battle of Pavia, we have loji all except our honor.
They refolvedagainftdifcrimination,and foreign
ers, as well as citizens, bought securities under the
public faith—But when the Constitution was fra
med, adopting the debts as valid, restraining ex
post fa<slo laws, and laws impairing contracts—
who entertained any suspicion ? The speech of
thePrefident, and the resolutions of the Houfein
favor of public credit baniihed it. Does this look
as if public opinion was hollile to thele purcha
sers ? Ifit really is, it is more a duty on govern
ment toprotedl right when it may happen to be
unpopular. That is what government is framed
to do. Ifinftead of protecting, it aflumes the
right of controling property, and disposing of it
at it's own pleasure, andagainlltheconfentofthe
owner, there is a cheat in the compadt.
It will be admitted that there is a right vested
in the purchaser—government cannot aiminifli it
a farthing, fays the gentleman—but he fays we
cannot pay both.—Then abide by your word of
honor—prefer perfed rights by solemn com pad;
to claims on your compaihon.—The claims of the
present holders you fay are just—are the others
more than just ? Treat all just claims alike, and
do not rob on the high way to exercise charity
—why make one creditor pay another ? He fays,
government is to get nothing by this—and yet he
fays, we owe these people, and our creditors
fliall pay them. Is paying a debt getting nothing ?
He talks of rival claims ; there is no rivalry—the
fellers agreed that there fliouldbe none.—lf go
vernment is bankrupt, compound with your cre
ditors—will this ad: of violence console the luf
ferers ? Will they enjoy, as a favor,the violation
of the rights for which they fought ? The South
Sea and Mississippi schemes have been adduced as
examples—ln the former, government interposed
to fulfil the contrad; the Mifliilippi is not parrallel
—what the gentleman calls public justice, I am
sure he would not practice in his own cafe.
I have chosen to conlider the principle of the
motion—but it cannot be carried into execution
—we have seen that justice in the abftrad will
not be done, nor can theineafure proposed be ef
feded ; we may very properly suppose that in
numerable difficulties will arise in pradice which
cannot be forefeen—but so many appear as ought
to deter us.—The detail will be endless—an ac
count mull be opened for each claimant, public
offices mult be opened, officers multiplied, and
great expence incurred—there is no clue by the
records to the cases of money deposited by a
gents for other people—l have enquired and am
told that it is not poflible. Will you admit oral
evidence—andofperfonsinterefted—will you fill
the land with discontent, corruption, suits and
perjury ? The new paper, if not transferable,
will be no great relief—if transferable, there will
be a new liarveft of speculation—the after crop
will be more abundant than the firft cutting.—A
purchaser keeps his note for 20s. By law, you
make it a note for 10s. How many frauds will be
pradifed on the unwary ? If the -mind balances
on these points let policy turn the scale.
Will not this measure ihake government ? In
fteadof doing as it has promifea, government is
10 do as it pleases.—Right is to depend, not on
compad, and sacred faith, and the constitution,
but on opinion, on a major vote, where nothing,
not even right, is fixed, will not the government
be liable to perpetual commotion ?
How will it affeifi our national character ? How
•will it effect public credit ? Welhall have to pay
for medling, if we in futurefhould have any cre
dit. The famous Colonel Chartres said, he would
give one hundred thousand pounds for a charac
ter—not for its own fake, but because he could
get two hundred thousand by it—Henry VIII bor
rowed money on his personal security, and his
bale parliament voted that as he had done great
things for the realm and church, he should be dif
cliarged from those obligations. Charles the se
cond fhuc up the exchequer—What was the con
sequence f King William paid 14per cent, on an
nuities, and at the rate of ioand x 2 per cent, in
tereft—bu: by good faith, in j or 6 years, money
fell to j per cent, interest.—By breach of faith,
we vote the government into a state of pupilage,
and deprive it of its powers.
I have thus endeavored to (hewthat there is not
a debt subsisting against the public in favor of the
original holders, who have fold out —that the mo
tion is chargeable with partiality—and is inade
quate to its pretended objedts—that it will do in
justice to many, and violate the sacred rights of
property—that the purchasers are secured by the
cqntrad:, by the faith of government and by the
constitution—that the nieafure is notpra«flicable,
and will produce confufion, corruption and ex
pence, and that it will weaken, disturb and dii
grace the government and impair its credit.
I have made this recapitulation of my argu
ment in order to bring it into one view—if it is
jult, or only plaulible, let us aik what will be the
effeJt ? Is this what was expected under the new
constitution ? Did we expe<3: it ? Is there one
here who has not told the people that an end
would be put to tender acfts and paper money,
and the ruinous effedts of government's interpo
sing in contracts ? Who, in or out of Congress,
did not suppose that the letter and spirit of the
constitution laid as much ? The spirit of the times
said more.—Will not the people charge us with
violating the constitution and the rights of pro
perty ? If we plead necessity, they will demand,
how came it that we were ignorant of it, and, if
it exists, what is there that breach of faith can
fave,that good faith would lose ? or what will that
be worth which may be secured by a measure that
will tarnilh our national honor, and trajifmit to
our children an inheritance of reproach? Js there
110 refuge but in dishonor ? We have borne ad
versity before, and we had rather submit to the
worst events of an honest policy—and this pro
je<ft is not to relieve any burdens, for govern
ment is to rob, notfor plunder, but to get the re
putation of justice.
If our own citizens fay thus,what will foreign
ers fay ? They will not be restrained, either by
the opinion of their fellow countrymen, or by at
tachment to our prosperity. They will detail
their losses, and the arts by which their confi
dence was gained—they will think that we have
been taught a species of immoral philosophy—that
we administer government by a kind of cunning
logic which confounds right and wrong—they
will rejoice that the Mahrattas and Americans are
at a distance; the ocean has not hitherto proved
abarrier against our depredations.—An American
abroad will be obliged to deny his country.
However, I ttill believe that justice is a law to
Congrels —but if justice and public faith and ho
nor have ceafedto be things, let them cease to be
names—let them be blotted from the vocabulary
of our nation. If they have no being, why should
they be made ufeofto conjure up church yard ter
rors, to haunt the hypochondriac imagination ?
I will not be so uncandid as to charge the wor
thy gentleman with such intentions. I think so
highly of his probity and patriotifni, that if he
can be made to fee that these consequences will
follow, or only be apprehended, he will give
up his scheme : but if government has this right,
what right of private property is fafe ? In the
East, government is said to be the sole owner of
property and may resume it at pleasure.—This
absurd doctrine will not find advocates—for it
would not do for practice even where it may not
be denied to be true, human nature revolts against
it—lt would (hock the morality of Bay,
it would exafperate,beyond fufferance,the patient
slavery of Indoftan—and who can give good rea
son why one fort of property Ihould be more fa
cred than another ?
If we pursue another kind of policy, fucli as
the preamble to the constitution declares to be
the objecfts of the government ; this government
and this country may expedfc a more than Roman
fortune.—The government may have more cre
dit, the people more knowledge, and the bles
sings of peace a longer duration than the world
has ever experienced. That gentleman helped
to frame the constitution—l have no doubt it is
the better for his eminent abilities—l hope that
his love of his own work and his zeal for the
cause which he has so ably supported, will induce
him to abandon a measure, which tends so fatally
to disappoint the firft wiflies of his own heart,
and the hopes of his country.
WEDNESDAY, FEB. 17.
The bill for a uniform rule of naturalization, was read a se
cond time and referred to a commute of the whole on Tuef-
day next.
The bill to encourage the ufefularts was also read a fecondtime,
and referred to a committee of the whole on WedneCday next.
Several petitions were read from persons praying compcnfation
for services.
Also a petition from John Ingraham, praying relief against the
seizure of his veflel and cargo made in the poitof New-York,
he being ignorant of the laws relative thereto.
On motion of Mr. Sedgwick, the petition of Lucas Lincoln
was read a second time, and referred to the Secretary at War.
Mr. Scdgwick presented the petition of Jehoika Thompfon,one
of the Oneida Indians, setting forth that he had fervea «nder Ge
neral Sullivan in the western country, guided him in his marches,
and fought by his fide ; that he had received a certificate for his
services, but on his way homeward he was obliged to cross rivers,
whereby he wet his pack, and loft the said certificate ; praying,
that as he believed Congfefsto be very wife and just, they would
grant him art order on their money keeper, See.
The order of the day was then called for : Mr. Madifdn's mo
tion for a difctimination being under consideration-—
Mr. Page advocated the motion ; and Mr. Boudinot opposed
it, in a speech of two hours and a half. Thecommittee then rose,
and the House adjourned.
THURSDAY, FEB. 18.
On motion of Mr. Goodhue, the petition of Hannah Treat was
read the second time, and'referred to the Secretary at War.
The petition of Jchoika Thompson, was read the second time
and referred to a committee consisting of Mr. Sedgwick, Mr. Van
Ranfellaer and Mr- Moore.
11l committee of the whole on the Report of the Secretary of
the Treasury ; Mr. Madi foil's motion for a discrimination under
confideration —A number of speakers pro and con this da^— which
terminated without any decision.
FRIDAY, FEB. 19
A metTage from the Senate was received by theirSecretarv, with
359
the bill providing for the enumeration of the inhabitants bf the
United States—returned with sundry amendments.
In committee of the whole on the report of the Secretary of the
Treasury—Mr. Madison's motion ior difcriminatioii under con
sideration. —Mr. Scot and Mr. Seney (pake in favor ot the propo
rtion—Mr. Livermore, Mr. Gerry, Mr. Bland and Mr Burke a
gainit it—the discussion of the fubje6t was continued till near the
moment of adjournment—the commute rose without comin» to «
vote—and are 10 refuinethe business on Monday next.
A letter was read from the commissioners for fettling accounts
between the United Slates and individual Slates, relpefling the
diminilhed rate at which the Clerks were employed in this buii
nefs are paid—compared with the fabrics in the other offices,and
requeuing the intcrpolition of Congress—that they may be placed
on an equality.
The lefolution of the Senate for appointing three commiflion
ers pursuant to the memorial of Hon. Robert Morris,late fupcrin
tendant of finance, Was read—
After some debate whether it Ihould be referredto a feleft com
mittee, it was ordered, that it lie on the table.
Adjourned till Monday li o'clock.
ERRATUM.—In Mr. Sedgwick's Speech in our lajl, $th paragraph
from the top, for il latter species" read former Ipecies.
FOR THE GAZETTE OF THE UNITED STATES.
THE Legislature of every State have authority
to atfl in a three-fold capacity.
1. They have authority to make laws for thd
good government of the pejple of the State, and
to alter or repeal them as they may think fit.
2. They have authority as agents for the State,
to grant or transfer public property in behalf of
the State ; and to make contrad|s binding on the
State; but they have no authority to revoke, im
pair or alter any such grant or contract fairly
made and obtained, without the consent of the
other party.
3. When any question lhall come before them
refpetfing the construction or fulfilment of such
contracts, they have authority to decide thereon
in ajudicial capacity : and are in duty bound to
be governed in their judgement by the fame prin
ciples as a court of law or equity, as the nature
of the cafe may require ; nor are the individuals
composing the legillature, anymore interested in
such decision, than the judges of the courts of
law. When a State or the United States are plain
tiffs in a cause against an individual, the cafe is
to be decided by a court of law; but when an in
dividual has a demand against aStateor against
the United States, the claimant could not have
an adequate remedy in the ordinary courts of
law or equity, because their judgment could not
be executed against a State or against the United
States ; therefore when no provision is made by
law for the liquidation or fatisfadiion of such
claims, the claimant has no remedy but by a peti
tion of right to the legislature ; and such cases
often occur. The duty of the legislature in
such cases is more fully pointed out and inculcated
in the following extradl from an election sermon
delivered before the Legislature of the State of
Conne&icut,in May, 1787, viz;
" REMEMBER, Gentlemen, that whileyou are examining
the rights of individuals, and their claims on one another, or ori
the public, you drop the chara&er of legislators, and ihoulda&by
the fame fixed rules of law and equity, as the judge on the,bench.
In causes of ajudicial kind,your high cbarafter of sovereignty will
not excuse an arbitary decision, or denial of justice, any more
than the fame may be excused in the lowest executive court.
"In grantingfavours, you are only to consider, whether they are
equitable and confident with the good of the community ; but in
doing juitice you have no sovereign discretion. No wife man
thinks his lite and estate fafe in the hand of a tyrant, bound by no
restraint of law ; Excuse me, gentlemen, when I add, that the dis
cretion of a popular aflembly, acting by no fixed and known rules
of equity, is a different ex predion, but the fame in effect, as the
will ot a dtfpot. Sovereign power should never be perverted to
•a£U of unrighteousness: Let not therefore the notion of omnipo
t nee, and of being above controul, insensibly infinuatc itfelf in
to your deliberations, and lead to a different determination,
from what you Would give in a different charatter. With defer
ence to your high stations, I am warranted with all boldness to
afTure you, in the fear of God the Almighty and Eternal Judge,
that the consideration of not being accountable to an higher court
on earth, should be one of the molt forcible motives, to engage
you to the greatest uprightness and impartiality, not only between
fubjeft and fui>jc&i but especially between the fubje&and the pub
lic. Remember that as there is in this world an appeal from a
lower to a higher court, so when the most sovereign and uncon
trollable coutt on earth gives an unrighteous feritence and wicked
ly perverts judgment, there is immediately entered in the high
court of Heaven an appeal, which in the great day of general as
size, will be called, and mail be answered. Then you, my
honorable auditors, and all the kings and judges of the earth (hall
appear, and give an account of your conduct while you a&ed in
the character of Gods on earth."
NEW-YORK, FEBRUARY 20.
Yeftcrday arrived here in io weeks from Plymouth, England,
a Sloop of War, with dispatches for Lord Dorchester, and Sir
John Tfcmple.
Extratt of a letter from Bojlon, February 3.
" I thank you for the Secretary's Kepoit. I like it—and be
lieve the House won't mend it—therefore wifli it maybe adopted ;
at least, that Congrcfs mav not make any alterations, but such as
the Secretary shall approve—that he may feel his responsibility,
and exerthimfelf accordingly. I like a head to every department*
and that every head (hould have ample powers, ahd be responsible.
Such a system of government will at once be efficient and
free. You will fee by our papers the influence of certain
volatile and giddy chara&ers —their inconsistency and folly keep
the ignorant members gaping, and waste tbe time of the Court,
which ought to be employed in important business. Such con
duit serves to evince the importance and neceflity of the General
Government. How wretched would be our situation without it.
(£3T "Th E RePUB LIC AN, No. 3," " NECRAR,"fI«(/ d " POE
TICAL Essav" arc received.
To be L E T,
And pofTeflion given the ill of April, for one or more years, (two
miles and half from this city, on the Greenwich road,)
THHAT New TWO STORY HOUSE—four
Rooms on a floor ; -with fix fireplaces; a new Barn, and
Well of excellent Water ; a young Orchard of Fruit Trees, with
7 J acres of Land, themoft part Meadow. For particulars enquire
at No. 7, Maiden-JLanc. New-York, Tei/rwy so-