60' ill not his guardian who receives the income of an cftate to pay the minor's debts, and not to apply the incomfc to his own use whilil the debts were accumulating ? Much had been laid rtl pefting part of the State debts being for State and not tor te. eral purposes : but would any gentleman deny that almost the whole expenditures of the States excepting the expenccsof their civil go vernments, were lor federal purposes, or that the taxes of the States had tar exceeded the civil lifts and other expences of the States' Is it not evident then that the extftmg debts of the States must be far (hort of their demands against the United States for luppUes furnilhed by their citizens ? And where is the force of this objection ? It has been urged by another gentleman trom Virginia Mr. Moore) that anaffumption is unconllitutional. He has mentioned the accounts of that State, which containing State and federal charges, obliged the State to difcrim.nate between them. But how does this prove the unconditionality of the mcafure ? The debts of the States are either debts of the union or not; if not, we have no desire to assume them ; if they are, we think it unjust to avoid payment because of the mode in which they have been negociated ; and we conceive it is fufficiently evi dent that the existing State debts are for the property or services of individuals received by the union. But suppose we (hould rc fufe to alTuine the State debts, will not the injured creditors of the States be forever opposed to your government ? Will they not consider this measure, explained as it will be in the progress of the debates as a State artifice to defraud them of their property ? For altho' the integrity of the honorable mbver is unquestionable, yet if his proportion, when examined has the tendency pointed out, it will if adopted be considered as artifice. The State cre ditors in a common cause will probably not confine tbeir oppo sition to the collection of a federal excise, but will extend it to the impost, which will be considered as an uujutl alienation of the State funds to pay the federal at the expence of the State creditors. Such policy instead of promoting peace and concord, will be a l'ource of war and discord between the different clalTes of citizens and the United States. For these and other reasons that may be urged, Mr. Gerry hoped the proportion would be reje£lcd. Mr. Livermore said, that he fecondedthe motion (ot Mr. White) beaufe he supposed it would bring the fubjeftfully before the com mittee : For I consider, said he, that it would he as absurd for Congress to assume the whole mass of the State debts, previous to a liquidation, and ascertaining the ballances, as it would be to pay the account of an individual without fitft determining whether it was just or not. I always consider it bad policy to pay money firft and then fettle the account afterwards. It appears to me very strange how an individual, or a nation, deeply involved in debt, can raise its credit by assuming to pay the debts of others. But Congress according to some gentlemen, appear to pollefs the whole art of financiering ; their power extends to extracting gold out of a rock. The States individually, know nothing at all about the business ; they have however found measures to raise money fuffi cient in times part, and I have no doubt can do it again - -This assumption will be injurious to the State creditors ; they have trull ed the States, and Congress has no right to interfere in their con tracts. For my part I (hould thank no man for offering to take my eftateout of my own hands, to pay my debts : I should pre fer handling my own money rnyfelf. With refpefl to the maxim out of debt, out of danger, I think it applies against the measure of assumption : Forcertainly going into debt, is going into danger, and we surely will not entertain less concern for the general, than for the ftatc governments. I hope therefore the motion for a pre vious liquidation, will take place, for I do not conceive that we have any thing to do with the debts, further than the ballances which may appear to be due after this liquidation. If the several State debts Ihould never be paid,Congrefs has nothing to blame it felf for: Congress has done its duty in calling upon the Slates from time to time—and the United States are therefore bound to pay no more than the surplus advanced by any particular State over and above its quota. He hoped therefore that if the original re solution (hould pass, it would be with this amendment. Mr. White replied to Mr. Gerry, and observed, that the gentle man considered the States,as agents to Congrels ; but he considered them as agents to the people. The States have been called on, some have complied with the requisitions. I wish the business to go on till all have done their duty, and a settlement of accounts to precede all payment of debts. On the contrary fuppolition, the States that have already paid will be taxed to pay their debtors. The gentleman fays, the Secretary contemplates a finking fund; but this must be at a very distant date. He mentions nothing but the Poft-OlJice as this fund ; but this has never produced any thing yet. The State creditors never did look to Congress ; ftiil I (hould not obje&to the assumption on just principles : I Ihould chufe to fee what the exertions of the several States have been. Mr. Burke said, that however the question may be determined at this moment, it mull finally be adopted, for South-Carolina cannot grapple with her debt any more than a child with a giant. And (he will consider herfelf in a wretched condition, if after be ing whrrdled into the Constitution, and wheedled out of her im port, she (hould now be abandoned to her fate, with a debt incur red for the general defence which (he never can dtfeharge. M r . Livermore said, that the observations of the gentleman last speaking, had not altered the nature of the question at all. It is no fault of the United States if anv particular state or individual, is in debt : It is their misfortune, but Congress is not obliged to make itfelf answerable for such debts. The gentlemen from South Carolina are inftru&ed to urge this matter : They do right so far as thcrr judgement isin the measure; but the delegates from New Hampshire expect different inftruftions upon this fubjeft ; and I shall think it my duty to follow those inftruflions, especially as they will accord with sentiments I have long entertained on the fubjefl. As I said before, lam for doing ftrift juflice, and when the accounts are fettled I (hall be in favor of assuming the balances that any particular State may appear to be entitled to. (to be continued.) SATURDAY, MARCH 13 Sundry petitions were read. The memorial from the officers of the South-Carolina line of the late army, after some debate was referred to the fecretai v of the treafurv In committee of the whole on the report of the secretary of the trcafury—for providing for thelupport of the public credit. The blank in the third proportion of the sixth resolve, was pas sed over by consent. The seventh and eighth resolutions were agreed to, viz, VII. " Resolved, that immediate provision ought to be made for the present debt of*the United States ; and ihat the faith of go vernment ought to be pledged to make provision, at the next ses sion, for so much of the debts of the refpettive States, as (hall have been lubfcribed upon any of the terms expreficd in the laitrefo lution."— VIU. ,s Resolved, that the funds which shall be appropriated according to the fccond of the foregoing resolutions, be applied in the firft place to the payiment of interest on the sums fubferibed to wards the proposed loan ; and that if any part of the said domestic debt shall remain unfubferibed, the surplus of the said funds be applied, by a temporary appropriation, to the payment of interest oil the unfubferibed part, so as not to exceed, for the present, four per cent, per annum ; but this limitation shall not be understood to impair the right of the non-fubferibing creditors to the residue of the interest on their refpe&ive debts : And in cafe the aforefaid surplus should prove inefficient to pay the non-fubferibing credi tors, at the aforefaid rate of four per cent, that the faith of govern ment be pledged to make good such deficiency."— A proportion similar to the one proposed by Mr. Boudinot, was moved by Mr. Gerry—but after considerable difcuflion it was withdrawn. Adjourned. MONDAY, MARCH i>. On motion of Mr. Sherman the house went into a committee of the whole on the bill making appropriations tor the lervicej oi government for the year 179^- The bill was read. , . . r Mr. Smith (S. C.) moved to add after the fourth Uttion aclaute providing for the payment of expences 011 account of the Light- HoJl'e, at the entrance of the harbor of Charlellon, previous lo passing the ast for making the cession thereof to Congrrfs. Mr Sherman obfeived that Congrels would doubtless pay such expences as have arisen subsequent to the time of the cession, agree able to the ad ol the legislature—but if any particular state» have been remiss in paying off arrearages, which exiiled prior to that period it certainly cannot be expefled that such arreaiages should be paid by the United States. Mr. Tucker observed that the expences referred to by his col league were incurred in consequence of the funds being diverted into a different channel which had been appropriated by the State for their discharge—the amount is not great—not more, perhaps than four hundred pounds (lerling-he thought that it was a jult and equitable allowance, as it was ceded to the United Slates in an unfinithed situation, has been finifhed since, and the State has been precluded from paying this expence by the funds being absorbed by the United States. . Mr. Livermore observed that the present bill is a bill of appro piiations, and not of grants, it refers to sums to be provided for by laws already past, the motion therefore appears to be out of Mr. Tucker replied that lie was aware of the difficulty, and meant to have moved for an addition to the whole sum, by pro posing that it be encreafed twothoufand dollars, a sum which he fuppnfed would be adequate to defraying the deficiency. Mr. Jackson advocated the motion, and added, he hoped the gentlemen from South Carolina would give their vote for certain improvements in the navigation of Savanna river ( which he men tioned, and which he deftgned to move for. Mr. Fitzfimons spoke against the motion, he ffiowed its im propriety and unequal operation j that he thought it an incon siderable object, in itfelf, and more so when contemplated as com ing from a State, which the United States have agreed to pay five millions of dollars for. Mr. Tucker replied to Mr. Fitzfimons, and said, that he did not conceive the affumptionof the Hate debts had any thing to do with the present motion ; if the debts of South-Carolina are to be paid, ffie willfurniffi the mean!, as it will be applying her refour ccs to their proper object. The motion being put, was negatived. Mr. Jackson after some introductory observations, proposed the following amendment, aiter the words " Cape-Henry" to add " and for removing the obftru&ions in Savanna River, from that City to the Sea." The fame obje&ions refpefting the informality of the amend ment, were made to this, as were to the motion offered by Mr. Smith. Mr. Jackson after infilling on the propriety of bringing forward the prelcnt motion, when the house were specially engaged in voting monies for public expcnces, and observing that according to the ideas of some gentlemen the house had no right to add to the appropriations proposed by the fccretary. said, that accord ing to this do&rinc, the whole buiineft of legislation may be as well submitted to him, so that in fa& the house would not be the representatives of their constituents, but of the secretary—he fur ther said, that as there appeared to be some weight iu the objefli on, to introducing his amendment in this clause, he would with draw it for the present. A motion was then made by Mr. Livcrmore to introduce a clause for allowing the sum of one hundred and ninety-two dol lars to Gifford Dalley for his services ninety-fix days, during the recess of Congrcfs, which was agreed to. Mr. Jackson then observed that this appeared to be the proper time to bring forward his motion, he therefore moved that the sum of be allowed for removing the wrecks and ob- ftruttions in Savanna River, from that city to the Sea, Mr. Bland obje&ed to the motion as involving a principle preg nant with innumerable difficulties ; for no man can tell to what extent it can be carried. Should this be granted, every member in this House will come forward with proposals for clearing rivers and opening canals to the sources of rivers. Mr. Jackson observed, that the principle is already established in the bill, by the provifton made for Delaware river. He said that the revenue of the United States is to be derived from navigation and commerce ; excepting the obftruftion in our rivers and harbors are removed, commerce will be embarrassed and our revenue will be ielfened and destroyed, and in this view the measure appears to be founded in reason, policy, and justice, and not to do it will be impolitic and unjust. The motion being put, was negatived. The committee having gone thro the bill, rofc and reported the fame wiLh sundry amendments. The bill was then ordered to be engrofied for a third reading to morrow. On motion of Mr. Jackson to take up the bill refpe&ing the South-Wcftern-Frontiers. The doors of the gallaries were (hut. TUESDAY, MARCQ 16. The bill for making appropriations for the services of Govern ment for the year 1790 —was brought in engrossed, read the third time and passed. AinelTagewas received from the Prefidentofthe United States, by the secretary of the department of war, conveying information received from the supreme executive of the State of Pennsylvania, relative to the depredations of the Indians on the trontiers of that State. Mr. Lawrance presented a memorial from the importers of hemp, and the manufacturers of cordage in the city ofNew-York, stating a variety of difficulties to which they arefubje&cd from the operation ot the revenue laws. Sundry reports from the Secretary of the Department of War, on petitions referred to him, were read. On motion of Mr. Ames, the petition of the Rope-Makers, See. of the town of Boston was read, and with the petition from those of New-York, referred to a fele6t committee confiding of Mr. Lawrance, Mr. Boudinot, and Mr. Heifter. The motion of Mr. Boudinot, for appointing a committee of 11 members, to whom petitions and memorials for claims (hould be referred, was read and taken into consideration. Some gentlemen obje&ed to this plan, and preferred the motion offered by Mr. Bland, for a direst reference to the heads of de partments. An amendment was agreed to,that the petitions should be firft read in the House. Mr. Boudinot observing that this amendment being adopted, defeated the obje£l of the proportion, he therefore withdrew the motion. But it being renewed by another member, was further debated; but on the question to agree to the proportion, it was loft. The resolutions offered by Mi* Bland relative to the fame fubjett were then taken into consideration. After some debate thequeftion on the firft resolution being pul it was negatived, the other was loft of course. Mr. Boudinot moved for the order of the day on the report of the committee to whom was referred the memorials of the people called Quakers. The motion was opposed. it was said that the order of the day on the report of the secretary of the treasury claimed a preference in the attention of the houle; after consider able debate the question was taken, and palled in the affirmative. The report was then read. A meflage was received from the PreHdent of the United States with the ratification of the amendments to the constitution by the State of Pennsylvania. 386 The report 011 the ilave-tuiie wasihei dikulfcd. Mr. Tucker after premising several obfervationsou the injustice, and unconlUtutionahty of the interference of the legillatuiein the bulinels, proposed an amendment which ihould negative the whole report. Mr. Jackl'on spoke largely 011 the subject, and in opposition to the report. Mr. Vining replied to Mr. Jackson. A question then role on the fubjeft of order. The Chairman gave his opinion that the amendment, offered by Mr. Tucker, was not in order. This quellion was discussed with coaliderable ardor on both lides. Hie queltion being p«i,ihe Committee de termined that the amendment was not tu order. Mr. Tucker then proposed to add the amendment immediate ly after the preamble ot the report, after the word " opinion." The queltion of order wasftill agitated on this variation, and the committee role without a decision, and are to set again 011 this fubjeft to-morrow. Adjourned. ON THE LIBERTY OF THE PRKSS. (CONTINUED.) OU R property, as well as life and liberty, is secured to us by our constitution of govern ment. The man that ruins the reputation of his neighbor, may thereby, in a variety of cases, deprive him of acquiring or improving his pro perty, and consequently becomes amenable to the laws of the land ; for surely our constitu tional rights are not to be wrested from us and sported with, according to the will and pleasure of an enraged llanderer, or a needy printer. I know that it has been observed, that the fame press which teems with abuse against any mar., affords him an opportunity of defending himfelf. The observation is specious ; but let me alk is it not poflible that the fcandal may be inure widely dif fused than the reparation of it. Will not the man who has exerted himfelf to defame his fellow-ci tizen, use as great, or greater exertions, tofpread abroad the defamation ? It is further asserted that good men are not a fraid of a free press ; that none but bad charac ters shrink from its lash. I aflert in contradiction to this, that good men may fufter, nay, in this Stat:, have fuffered, from the bitter, unmerited severity of malicious scribblers, who have too frequently misrepresented characters. The fame aflertion might have been made with respect to the old comedies of the Greeks, which aniwer ed the purposes of our prefles. In tliefe, real charaiflers were introduced, and real anions were represented. But let it be remembered, that the fame Ariltophanes who exposed the vicious man, the falfe patriot, or the ignorant pretender, ex ercifedhis satire, against that molt virtuous and wife man, the amiable Socrates. This daring li centiousness was at length curbed by laws, and the fame reltridtions will be found neceflary up on our printing prefles, or no person's reputation can be fafe. Every man should be esteemed innocent, until there is proof to the contrary. No man can be punilhed for a crime, until he is convicted of it, by evidence before a jury of his Peers. Shall then an individual, from meer suspicion, inttift the inoft severe species of punilhment upon his neighbor, the detestation and contempt of his fellow-citizens ? If a man has been guilty of crimes, the press is not the proper tribunal be fore which he is to be brought. Let hiin be ac cused before the courts of jullice, and if convict ed, let him be punished. But to punifli a man unheard (and is not thelalh of the satirist pun ilhment?) is the molt cruel tyranny —but it may be objected, " there are crimes not cognizable in courts of justice," are not these fair game? If they are crimes, let laws be made to punifli them—lf they do not merit this name, and are only foibles, I still deny the right to attack ail individual on account of them. Foibies which do not amount to crimes are the proper objedts of satire and the drama. But let us " spare the person and expose the vice," most satirists have fallen into the error of attacking the agent and not the a<st. This entirely fruftrates the end of satire. It should be general, not local. What applies to one only, can extend its effecfts to hini alone—but when a vice is depicted in proper co lours, the satire will apply equally to all persons who are guilty of it, and its effects will be not meerly temporary, but perpetual—l have been led into these reflections, from observing the personal abule, which has too long reigned, un checked among us. It is much to be wilhed that the liberty of the press may no longer remain a vague term, which may be used to juftify every species of defamation ; but that its import be accurately defined—The French constitution ef tablilhes a free press, but with a proviso, " that the authors lhall be responsible for the abuse of that liberty, in cases provided for by the law. —We have already fuffered too much from the, want of reftri<ftion. Domestic tranquility has been invaded. The wife, the virtuous man, the patriot, the philosopher, the statesman, and the industrious citizen, have equally smarted from the whip of calumny. Many a one has fallen a facn fice to the malicious insinuations, ordiredl reflec tions of a murderer oj reputations. —As we ha\e shaken off civil and religious tyranny, if we have any refpedl to our good name, and inward peace, we shall now endeavor to free ourselves from the tyranny oj the press, the effe<sts of which are no less dangerous and fatal. PHILELUTHEROS.
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