maxims of falfe policy, wars have been lefs frequent and terrible, and nations have enjoyed longer intervals of internal tranquility. The virtues are all parts of a circle. Whatever is humane, is wife-whatever is wife, is just-and whatever is wife, juft, and humane, will be found to be the true interest of states, whether criminals or foreign enemies are the objects of their legiflation.

I have taken no notice of perpetual banishment, as a legal punish ment, as I confider it the next in de gree, in folly and cruelty, to the punishment of death. If the receptacle for criminals, which has been propofed, is erected in a remote part of the ftate, it will act with the fame force upon the feelings of the human heart, as perpetual banishment. Exile, when perpetual, by destroying one of the most powerful principles of action in man, viz. the love of kindred and country, deprives us of all the advantages, which might be derived from it, in the bufinefs of reformation. While certain paffions are weakened, this noble paflion is ftrengthened by age: hence, by preferving this paffion alive, we furnish a principle, which, in time, may become an overmatch for thofe vicious habits, which feparated criminals from their friends and from fociety.

Notwithstanding this teftimony a gainst the punishment of death and perpetual banishment, I cannot help adding, that there is more mercy to the criminal, and lefs injury done to fociety, by both of them, than by public infamy and pain, without

them.

The great art of furgery has been faid to confift in faving, not in deftroying, or amputating, the difeafed parts of the human body. Let governments learn to imitate, in this refpect, the skill and humanity of the healing art. Nature knows no wafte in any of her operations. Even putrefaction itself is the parent of ufe

ful productions to man. Humanio genuity imitates nature in a variety of arts.

Offal matters, of all kinds, are daily converted into the means of increafing the profits of industry, and the pleafures of human life. The foul of man, alone, with all its moral and intellectual powers, when mifled by paffion, is abandoned, by the ignorance or cruelty of man, to unprofitable corruption, or extirpation,

If the foregoing reafonings and facts have been urged in vain, in favour of private punishments, I fhall add one more argument, which I hope will be irrefiftable. The panifhments of wicked men, in the world of fpirits, are invifible; we have no knowledge of their reality, nature, degrees, or duration, but what was revealed to us near eighteen hundred years ago; and yet governments owe their ability, chiefly, to that morality, which the terror of thefe invisible, remote, and indefinite punishments, excites in the human mind.

A worthy prelate of the church of England once faid, upon feeing a criminal led to execution, "There goes my wicked felf." Confidering the vices to which the frailty of human nature expofes whole families of every rank and clafs in life, it becomes us, whenever we fee a fellow creature led to public infamy and pain, to add further," There goes my unhappy father, my unhappy brother, or my unhappy fon," and afterwards to ask ourfelves, whether private punifhments are not to be preferred to public?

For the honour of humanity it can be faid, that in every age and country, there have been found perfons in whom uncorrupted nature has triumphed over cuftom and law. Elfe, why do we hear of houfes being abandoned near to places of public execution? Why do we see doors and windows fhut on the days of hours of criminal exhibitions? Why

do we hear of aid being fecretly afforded to criminals, to mitigate or dlade the feverity of their punishments? Why is the public executioner of the law an object of fuch general detestation? These things are the latent ftruggles of reafon, or ather the fecret voice of God himfelf, fpeaking in the human heart, gainst the folly and cruelty of pubAc punishments.

Ithall conclude this enquiry by obferving, that the fame falfe religion and philofophy, which once kindled the fire on the altar of perfecution, now doom the criminal to public ignominy and death. In proportion as the principles of philofophy and christianity are understood, they will agree in extinguishing the one, and deftroying the other. If thefe principles continue to extend their influence upon government, as they have done for fome years past, I cannot help entertaining a hope, that the time is not very far diftant, when the gallows, the pillory, the tocks, the whipping-poft, and the wheel-barrow, (the ufual engines of public punishments) will be connected with the hiftory of the rack and the ftake, as marks of the barbarity of ages and countries, and as melancholy proofs of the feeble operation of reason and religion upon the human mind.

Account of a deputation from congrefs to

the affembly of New Jersey. THE affembly of New Jersey, in HE affembly of New Jerfey, in their deliberations on the requifition of congrefs, of September 27, 1785, for fupplies, having come to a refolution that they could not comply with the fame, confiftently With their duty to their conftituents, antil all the ftates in the union fhould raply with the revenue-fyftem of April 18, 1783, or until the feveral Bates, having the advantage of com| merce, fhould forbear exacting duVol. II. No. II,

By the united states in congress affembled, March 7, 1786.

ON the report of a committee, confifting of mr. Grayfon, mr. Bayard, mr. Pinckney, mr. Gorham, and mr. Mitchell, to whom was referred a refolve of the affembly of New Jersey, touching the requifition of Septemper, 1785,

RESOLVED, that a committee of congrefs be appointed without delay, to proceed to Trenton, in the ftate of New Jersey, or any other place where the legislature of that ftate may be fitting; and reprefent to them, in the ftrongest terms, the fatal confequences that muft inevitably refult to that ftate, as well as to the rest of the union, from their refufal to comply with the requifition of September, 1785.

The members chofen, were, mr. Pinckney, mr. Gorham, and mr. Grayfon.

Trenton, March 16, 1786,

ON Monday last, the committee of congrefs. confifting of the hon. Charles Pinckney, of South Carolina, the hon. Nathaniel Gorham, of Maffachusetts, and the hon. William Grayfon, of Virginia, had an audience of the affembly of New Jerfey, agreeably to the refolution of congrefs of the 7th inftant, and the appointment of the house, affigning that day.

The refolution of congrefs, appointing the committee, and ftating its purpofes-and the refolution of congrefs of the 15th of February latt, refpecting the revenue-fyftem of April, 1783, were read; and a fcheG

dule of the foreign loan laid before the house.

Mr. Pinckney then addreffed the houfe in nearly the following terms : Mr. Speaker,

THE united states in congrefs affembled, have been informed, that this houfe on the 20th ultimo, re folved that they could not, confiftently with their duty to their conflituents, affent to the requifition of September laft, for federal fupples. Upon this information, they conceive it incumbent on them, as guardians of the general rights and interests of the confederacy, by a deputation of their own body, to prefent to the view of the house, the abfolute neceffity there is for a ftrict and punctual compliance with the requifitions of congrefs, and the confequences which must attend an adherence to the prefent determination of the affembly.

When thefe ftates united, convinced of the inability of each to fupport a separate fyftem, and that their protection and existence depended on their union-policy, as well as prudence, dictated the neceffity of forming one general and EFFICIENT GOVERNMENT, which, while it protected and fe cured the whole, left to the feveral ftates, thofe rights of internal fovereignty, which it was not neceffary to delegate, and which could be exercifed without injury to the federal authority. In them were placed all the effential powers which conftitute a nation-fuch are, the exclufive rights of peace and war; of fending and receiving embaffies; of forming treaties and alliances; and equipping and raifing fleets and armies. To them, alfo, was delegated the power of obtaining loans on the faith of the united ftates; and of apportioning to the feveral members of the union, their quotas of the public expenfes. The mode eftablished by the confedera

tion, for afcertaining their refpe tive quotas, was, at that time, fup pofed equal and practicable. Exp rience, however, has proved the com trary and the states, though fr quently urged, having neglected furnish returns of the value of the lands, and the buildings and provements thereon, agreeably the article, congrefs were induce to recommend an alteration of i This has been under reference fo fome time. Ten of the ftates hay complied; and many of them fu nished returns of their inhabitant in conformity to the recommend tion. New Jerfey has done bot It is the best information we ha been able to obtain, of the comp rative ftrength and refources of th ftates, and the only one on whic the requifitions for public fur plies, could be equally or proper founded.

The fates having thus, by the voluntary act, formed one. gover ment, as effential to the protection the whole and placed in a fuprem controuling power the adminiftr tion of its general concerns, and which they were to look up fupport each ftate is bound, acco ding to its abilities, to furnish apr portion of the expenfes; and t whole are jointly and feveral pledged for the public engagement foreign and domeftic. The mo prefcribed by the confederation, b ing, as I have obferved, impractic ble, it follows, that the proportio are to be quotaed agreeably to t best lights in the poffeffion of t union for while the governme exifts, its members are bound contribute to its maintenance. Ne Jerfey has not only affented to t mode by which the is rated, but fi nished the returns on which the i feffment could be made with exa nefs: fhe certainly cannot, the fore, complain of bearing an und proportion. She will not, I t

upon reflexion, fuppofe fhe can, either confiftently with her duty to de union, or with fafety to its welfare, refufe to comply with the requifition. If the has been over-ratad, upon ftating the excefs in evidence to congrefs, fhe will always rearive the relief fhe may be justly ennted to. If, on the other hand, the conceives herself unequally fituated, or that he does not participate in those common benefits which the general government was expected to difpenfe to all its members-if she thinks, with, me, that its powers are inadequate to the ends for which it was inftituted, and that they should be increased-there can be no doubt of the conduct the ought to purfue. She ought immediately to inftruct ber delegates in congrefs, to urge the calling of a general convention of the ftates, for the purpose of revifing and arpending the federal fyftem. In this conftitutional applica, tion, she will meet with all the attention and fupport the can with. I have long been of opinion, that it was the only true and radical remedy for our public defects; and fhall with pleafare aflent to, and fupport, any measure of that kind, which may be introduced, while I continue a member of that body.

If her refentments had been other wife directed-if ber endeavours had been used to produce a compliance with the general impoft, on the part of thofe ftates which have not yet acceded-fo far from injuring, the would have been entitled to the applaufe of the union. But what can be her object in refufing the requifition? Muft it not be the means of involving the ftates, who were friendly to her interefts, in the general confufion that will probably enfue? and fo far from obtaining the ends fhe propofes, may it not divert the attration of government from that fyftem which could alone relieve the no-importing ftates, and apply it

wholly to her ? For with what propriety could compulfory means be ufed against aftate, for not aflenting to a measure, in which we confefs fhe had a right to deliberate, when we fuffer another in filence, and with impunity, to refufe a requifition the is conftitutionally bound to comply with?

Suffer me here to remark, that the prefent requifition is founded upon more advantageous principles, than any hitherto adopted-I mean as far as it refpects the eight northern ftates for of the 11,400,485 dollars, being the total fpecie value of the loan-office-debt, 9,998,880, being more than feven-eighths of the whole, were loaned in the feven eaftern ftates, The state of New Jerfey is in proportion a very confiderable creditor of the union. How far, therefore, it becomes her to fupport the measures of congrefs, in providing for the intereft of this debt, and in fupporting its credit, is left to the good fenfe of the houfe to determine.

The feveral requifitions of September, 1782, April, 1784, and September, 1785, which have been juft ftated to the house, and their principles fully explained, obviate every objection, with refpect to a larger number of certificates being iffued, than are provided for; and prove that certificates will not iffue from the loan-offices to a greater amount than the intereft of the domestic debt to December, 1784. If all the ftates comply with the feveral requifitions, the funds, on which the intereft-certificates depend, will be fufficiently extenfive to discharge the whole.

Much objection is made to the commutation for half-pay, allowed the army. On this fubject, I fhall only remark, that the late congrefs found an act of a former one finally adopted, and the national faith pledged to carry it into

execution. The military certificates are fo exchanged, that it would be impoffible now, even if it was proper, to difcriminate between them and the other public fecurities. To an army, however, who have evinced fuch magnanimity and patience under every fuffering, their country are furely bound by the strongest ties of gratitude and affection: and if it could be ever admiffible to make a distinction between the public creditors, they certainly poffefs the pureft claims to preference and attention.

That the commercial ftates are indebted to the joint efforts of the whole, for the advantages they enjov-and that it is their duty to devote a part of them to the national fervice-will be readily admitted. Upon thefe principles, congrefs have again, by the addrefs of the 15th of February lalt, which you have just heard read, prefented the revenuefyftem to the view of thofe ftates that have not complied. In once more bringing this recommendation bore them, they have stated that there will be due, in the course of the next year, a part of the principal of two of the foreign loans, and afterwards a part of the other loans, agreeably to the ftipulations of the fame, to be paid annually, by inftalments, until the whole is extinguish ed-which muft, until that event, proportionably increafe the fums called for; that the whole of the domeftic debt is not yet liquidated, and that its amount will probably be enlarged beyond its former eftimate; that the treaties neceffary for the protection of our commerce from the piratical ftates of Barbary -the fafety of our frontiers from the favages-and the eftablishment of magazines in different parts of the union-may perhaps increase the eftimate of the military department; and that the fupplies, for federal purposes, will probably be greater than they have hitherto been; that

they contemplate with pleasure the profpect of extinguishing a part of the domeftic debt by the fales of western territory-but that, as a confiderable time muft intervene before it can be furveyed and difpofed of, no immediate aid can be drawn from this fource; and that fince a fufficient fum for the exigencies of government, and the interest due on the public debt, was not to be expected from any of the means authorised by the confederation, it follows, that unless fome more efficient and productive fund could be difcovered, we fhould foon be exposed to the greatest national difficulties and difgrace.

While it is in the power of the ftates to prevent these incumbrances, and to do juftice to their creditors, congrefs will certainly continue to urge them to it. They have again prefented to their view, the fyftem which has been fo long under reference to their legiflatures, as the only one calculated to affert the credit and relieve the diftreffes of the union.

In examining the conduct of the tates, they will find that all, except New York and Georgia, have in fome degree, though perhaps not ef fectually, complied with the first part of the recommendation for invefting the united states with the power of levying the impoft. The affent of fo large a majority of the ftates, includ ing fome of the most important in commercial and other resources, fhews that they were impreffed with the neceffity and propriety of its motives. Convinced of the importance of the federal government, and that on its exiftence their political welfare and confequence muft depend, they have liberally dedicated to its fupport, a part of the advantages derived from its eftablishment: nor have they confidered this as more than juftice t the citizens of thofe ftates whole fituation renders them dependent upo their imports for fupplies-that they