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.