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.
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