THE HOUSE OF REPRESENTATIVES.

MONDAY, December 7, 1795.

The following members appeared, and took their seats:

_From New Hampshire._--ABIEL FOSTER, NICHOLAS GILMAN, JOHN S. SHERBURNE,

and JEREMIAH SMITH.

_From Massachusetts._--THEOPHILUS BRADBURY, HENRY DEARBORN, DWIGHT

FOSTER, NATHANIEL FREEMAN, Jr., BENJAMIN GOODHUE, GEORGE LEONARD, SAMUEL

LYMAN, WILLIAM LYMAN, JOHN READ, THEODORE SEDGWICK, GEORGE THATCHER,

JOSEPH B. VARNUM, and PELEG WADSWORTH.

_From Rhode Island._--BENJAMIN BOURNE, and FRANCIS MALBONE.

_From Connecticut._--JOSHUA COIT, CHAUNCEY GOODRICH, ROGER GRISWOLD,

ZEPHANIAH SWIFT, and URIAH TRACY.

_From Vermont._--ISRAEL SMITH.

_From New York._--THEODORUS BAILEY, WILLIAM COOPER, EZEKIEL GILBERT,

HENRY GLENN, JONATHAN N. HAVENS, EDWARD LIVINGSTON, JOHN E. VAN ALLEN,

PHILIP VAN CORTLANDT, and JOHN WILLIAMS.

_From New Jersey._--JONATHAN DAYTON, AARON KITCHELL, ISAAC SMITH, and

MARK THOMPSON.

_From Pennsylvania._--DAVID BAIRD, ALBERT GALLATIN, DANIEL HEISTER, JOHN

WILKES KITTERA, SAMUEL MACLAY, FREDERICK AUGUSTUS MUHLENBERG, SAMUEL

SITGREAVES, JOHN SWANWICK, and RICHARD THOMAS.

_From Delaware._--JOHN PATTEN.

_From Maryland._--GABRIEL CHRISTIE, GEORGE DENT, GABRIEL DUVALL, WILLIAM

HINDMAN, and WILLIAM VANS MURRAY.

_From Virginia._--SAMUEL J. CABELL, JOHN CLOPTON, ISAAC COLES, WILLIAM

B. GILES, GEORGE HANCOCK, CARTER B. HARRISON, JOHN HEATH, GEORGE

JACKSON, JAMES MADISON, ANDREW MOORE, JOSIAH PARKER, ROBERT RUTHERFORD,

and ABRAHAM VENABLE.

_From North Carolina._--THOMAS BLOUNT, NATHAN BRYAN, DEMPSEY BURGES,

JESSE FRANKLIN, WILLIAM B. GROVE, JAMES HOLLAND, MATTHEW LOCKE,

NATHANIEL MACON, and ABSALOM TATOM.

_From South Carolina._--SAMUEL EARLE, ROBERT GOODLOE HARPER, and WILLIAM

SMITH.

_From Georgia._--ABRAHAM BALDWIN.

And a quorum, consisting of a majority of the whole number being

present,

The House proceeded by ballot, to the choice of a SPEAKER; and, upon

examining the ballots, a majority of the votes of the whole House was

found in favor of JONATHAN DAYTON, one of the Representatives for the

State of New Jersey. Whereupon,

The said JONATHAN DAYTON was conducted to the chair, from whence he made

his acknowledgments to the House, as follows:

GENTLEMEN: It is with real diffidence that I undertake the

execution of the duties which you have done me the honor to

assign to me.

In discharging them to the best of my abilities, I

anticipate, on your part, a liberal and indulgent temper

towards those decisions which may be required from the

Chair, and flatter myself that I shall experience, upon all

occasions, your co-operation and support.

The House proceeded, in the same manner, to the appointment of a Clerk;

and, upon examining the ballots, a majority of the votes of the whole

House was found in favor of JOHN BECKLEY.

The oath to support the Constitution of the United States, as prescribed

by the act, entitled "An act to regulate the time and manner of

administering certain oaths," was then administered by ISAAC SMITH, one

of the Representatives from the State of New Jersey, to the SPEAKER, and

then by Mr. SPEAKER to all the members present.

The same oath, together with the oath of office prescribed by the said

recited act, were also administered by Mr. SPEAKER to the Clerk.

A message was received from the Senate, informing the House that a

quorum of members of that body is assembled, and the VICE PRESIDENT

being absent, they have proceeded to the choice of a PRESIDENT _pro

tempore_, and that HENRY TAZEWELL has been duly elected.

_Ordered_, That a message be sent to the Senate to inform that body

that a quorum of this House is assembled, and have elected JONATHAN

DAYTON their SPEAKER; and that the Clerk of this House do go with the

message.

Another message from the Senate was received, informing this House that

they have appointed a committee on their part, to act jointly with such

committee as may be appointed by this House, to wait on the PRESIDENT OF

THE UNITED STATES, to inform him that a quorum of the two Houses is

assembled, and ready to receive any communication he may think proper to

make to them.

_Ordered_, That Mr. MADISON, Mr. SEDGWICK, and Mr. SITGREAVES, be

appointed a committee on the part of this House, for the purpose

expressed in the message of the Senate.

Petitions from sundry persons, praying to be appointed to the offices of

Sergeant-at-Arms and Doorkeeper, were presented to the House and read:

Whereupon,

The House proceeded, by ballot, to the choice of a Sergeant-at-Arms,

Doorkeeper, and Assistant Doorkeeper; and, upon examining the ballots, a

majority of the votes of the whole House was found in favor of JOSEPH

WHEATON, as Sergeant-at-Arms, THOMAS CLAXTON, as Doorkeeper, and THOMAS

DUNN, as Assistant Doorkeeper.

_Ordered_, That the said JOSEPH WHEATON, THOMAS CLAXTON, and THOMAS

DUNN, do severally give their attendance accordingly.

Mr. MADISON, from the joint committee appointed to wait on the PRESIDENT

OF THE UNITED STATES, and notify him that a quorum of the two Houses is

assembled, and ready to receive any communication he may think proper to

make to them, reported that the committee had, according to order,

performed that service, and that the PRESIDENT signified to them that he

would make a communication to both Houses of Congress to-morrow, at 12

o'clock, in the Representatives' Chamber.

TUESDAY, December 8.

Several other members, to wit: from Maryland, SAMUEL SMITH; from

Virginia, RICHARD BRENT; and from Georgia, JOHN MILLEDGE, appeared,

produced their credentials, and took their seats in the House; the oath

to support the Constitution of the United States being first

administered to them by Mr. SPEAKER, according to law.

_Ordered_, That a message be sent to the Senate to inform them that this

House is now ready to attend them in receiving the communication from

the PRESIDENT OF THE UNITED STATES, agreeably to his notification to

both Houses yesterday; and that the Clerk of this House do go with the

said message.

The Clerk accordingly went with the said message; and, being returned,

The Senate attended and took seats in the House; when, both Houses being

assembled, the PRESIDENT OF THE UNITED STATES came into the

Representatives' Chamber, and delivered his Speech to the two Houses.

[For a copy of this Speech, see the Proceedings of the Senate.]

The PRESIDENT OF THE UNITED STATES then withdrew, and the two Houses

separated.

_Ordered_, That the Speech of the PRESIDENT OF THE UNITED STATES to both

Houses be committed to a Committee of the whole House to-morrow.

WEDNESDAY, December 9.

JAMES HILLHOUSE, from Connecticut, appeared, produced his credentials,

was qualified, and took his seat.

_Address to the President._

The House, according to the order of the day, resolved itself into a

Committee of the Whole on the Speech of the PRESIDENT OF THE UNITED

STATES to both Houses of Congress, Mr. MUHLENBERG in the chair; when,

the Speech being read,

Mr. VANS MURRAY moved the following resolution:

"_Resolved_, That it is the opinion of the committee, that

a respectful Address ought to be presented by the House of

Representatives to the PRESIDENT OF THE UNITED STATES, in

answer to his Speech to both Houses of Congress, at the

commencement of this session, containing assurances that

this House will take into consideration the various and

important matters recommended to their attention:"

Mr. SEDGWICK seconded the motion.

Mr. PARKER offered an amendment, which was seconded by Mr. MACON.

The substance of this amendment was, to strike out all that part of the

resolution which goes before the word _assurances_; in place of which,

Mr. PARKER proposed to appoint a committee, who should personally wait

on the PRESIDENT, and assure him of the attention of the House, &c., and

concluding as above. Mr. P. had the highest respect for the PRESIDENT,

but he had always disapproved of this practice of making out Addresses

in answer to these Speeches, and of the House leaving their business to

go in a body to present them. Last session, the framing of this Address

had cost very long debates, and produced very great irritation. Some of

the most disagreeable things that happened during the session occurred

in these debates. He wished unanimity and the despatch of business, and

so, could not consent that any Address should be drawn up, as he

preferred ending the affair at once by sending a committee with a verbal

answer.

Mr. MURRAY replied, that the practice of drawing up such an Address was

coeval with the constitution. It was consistent with good sense; and he

did not see that any argument had been employed by the gentleman who

spoke last against it. It was true that the House might send a verbal

answer, and it was likewise true that the PRESIDENT might have sent them

his Speech by his Secretary, without coming near them at all. He had

come to Congress, and Mr. M. could perceive no impropriety in Congress

returning the compliment by waiting on him.

The committee divided on the amendment proposed by Mr. PARKER. Eighteen

members rose in support of it: so it was lost. The committee then agreed

to the resolution as offered by Mr. MURRAY. They rose, and the Chairman

reported progress. The resolution was agreed to by the House. The next

question was, of how many members the select committee should consist

that were to be employed in framing a draft of the Address. The

different numbers of five and three were proposed. A division took place

on the former motion, when only thirty-one gentlemen rose in its favor.

The motion for a committee of three members to report an Address was of

course carried. Mr. MADISON, Mr. SEDGWICK, and Mr. SITGREAVES, were

appointed.[61]

It was then moved that two Chaplains should be named, as usual; which

was agreed to.

THURSDAY, December 10.

FRANCIS PRESTON, from Virginia, appeared, was qualified, and took his

seat.

FRIDAY, December 11.

Several other members, to wit: from Vermont, DANIEL BUCK; from New

Jersey, THOMAS HENDERSON; from Pennsylvania, WILLIAM FINDLAY; and from

Virginia, JOHN NICHOLAS, appeared, produced their credentials, were

qualified, and took their seats.

MONDAY, December 14.

Two other members, to wit: from Pennsylvania, THOMAS HARTLEY, and from

Virginia, ANTHONY NEW, appeared, produced their credentials, and took

their seats.

_Address to the President._

Mr. MADISON, from the select committee appointed to draft an Address in

answer to the Speech of the PRESIDENT, made a report, which was read by

the Clerk.

Mr. GILES moved that the usual number of copies of the Address should be

printed for the use of the members.

TUESDAY, December 15.

_Address to the President._

The House then resolved itself into a Committee of the Whole, Mr.

MUHLENBERG in the chair, on the draft of an answer to the PRESIDENT's

Speech. The following sentence being under consideration:

"Contemplating that probably unequalled spectacle of

national happiness, which our country exhibits, to the

interesting summary which you, sir, have been pleased to

make, in justice to our own feelings, permit us to add the

benefits which are derived from your presiding in our

councils, resulting as well from the undiminished

confidence of your fellow-citizens, as from your zealous

and successful labors in their service."

Mr. PARKER moved to strike out the words "probably unequalled," and from

the word "councils," to the end. He owned that the United States owe

much to the PRESIDENT for his services on most occasions; but he had

sometimes erred as other men. He could not for his own part subscribe to

the expressions contained in the words which he had moved to strike out;

his confidence in the PRESIDENT was diminished in consequence of a late

transaction.

Mr. SHERBURNE called for a division of the question; that a question

should first be put upon the words "probably unequalled," and afterwards

upon striking out the latter part of the clause.

The question was accordingly put upon the words "probably unequalled,"

and they were struck out, 43 to 39.

Mr. MURRAY rose to make a few observations on the motion for striking

out from the word "councils." As a Representative from Maryland, he

said, he could not on this occasion be contented to give a silent vote.

The Legislature of that State had not long since declared, that their

confidence in the PRESIDENT remains undiminished; and though his single

sentiment might be deemed unimportant when viewed in connection with the

unanimous vote of his State, yet he was free to declare, that his

confidence in the Chief Magistrate had experienced no diminution. The

Legislature of Maryland, he observed, had foreseen that attempts would

be made, and saw that unjustifiable attempts were actually making to

diminish the confidence of the people in the PRESIDENT; they therefore

resolved to give the sanction of their unanimous vote to his character,

declaring that the PRESIDENT retained their confidence, and that he had

merited it. Though not bound by the opinion of the Legislature of that

State, he conceived it his duty not to give a silent vote on the present

occasion.

Mr. GILES had hoped that nothing would have been brought before the

House calculated to disturb the harmony that ought to subsist, by

involving the discussion of delicate points. He had as much zeal as any

man for the preservation of the PRESIDENT's fame and reputation; but he

could not go the length of the expressions in the clause objected to. He

could not agree to it in its present shape, because the assertion in it

does not correspond with the fact. After this remark, there could not,

he conceived, be any inconsistency in voting against the word and still

feeling a regard for the PRESIDENT. He hoped his fame and reputation

might never receive a stain, but pass unimpaired to posterity. He should

vote for striking out.

Mr. FREEMAN wished the motion might be so modified as to involve the

striking out of the word "undiminished" only. Though he for himself, he

observed, might say that his confidence in the PRESIDENT was

undiminished, he could not utter the same sentiment in behalf of the

people at large. In his opinion the confidence of a part (a very small

one perhaps) of the people was diminished; though that of a majority

might be unshaken.

Mr. HARPER said he had no difficulty in declaring, that his own

confidence in the PRESIDENT was undiminished, but he could not go so far

as to pledge himself that that of all the people was so. He never, he

said, had been in the habit of worshiping the PRESIDENT. He considered

him as a man, not infallible, but as a wise, honest, and faithful public

servant, and he was prepared in all places and situations to declare

this opinion; but he was not ready to pronounce concerning the opinion

of the people of the United States. Some time hence they may become

unanimous in their confidence; but he could not say that it was not

diminished. He was ready to declare for himself but not for others. If

called upon to declare whether a majority, whether four-fifths of the

people retained their confidence in the PRESIDENT, he could declare it

as his opinion in the affirmative; but the clause as it stands includes

the whole, and he declared as it stood could not command his vote. He

concluded by expressing his intention, when it would be in order, to

introduce a modification of the clause, so as to express the

undiminished confidence of the House in the PRESIDENT.

Mr. PARKER, in coincidence with the wish of Mr. FREEMAN, agreed to

confine his motion to striking out the word "undiminished."

Mr. SEDGWICK doubted whether, after a division of the question, and a

question being taken on the first part, a modification of the second

part would be in order.

The Chairman declared it in order.

Mr. SEDGWICK viewed the present motion as even more objectionable than

the first; it went directly to a denial of undiminished confidence for

the PRESIDENT on the part of the House and the public. There was a time,

he said, when no man could have supposed that the period would have

arrived, that in the popular branch of the GOVERNMENT, the confidence of

the people and their Representatives in that man could have been

questioned.

Having been on the committee that framed the answer, and maturely

considered the subject in every part, he would mention some of the

observations that occurred to his mind particularly in favor of the part

now objected to. Lest in the course of them his sensibility on this

subject should betray him into some warmth of expression, he begged

leave to premise that he wished to wound the feelings of no man.

It was proper, he said, to inquire into facts on which the expression

now objected to was grounded. Is the confidence of the people in the

services, and patriotism, and wisdom of the Chief Magistrate diminished?

His experience led him to say no; then, in the existing circumstances,

is it not right for the Representatives to make the declaration to their

constituents and the world? To suppose the people, who, at the present

moment, enjoyed so many blessings under the PRESIDENT's administration,

could feel their confidence in him impaired, would suppose a baseness of

disposition unworthy of them and of the services he has rendered. Who

could review the glorious conduct of our Chief during the conflict of

the Revolution, his unwearied labors for the public good, his bravery,

moderation, and humanity; who could observe him in his happy retirement,

covered with glory, and accompanied by the blessings of his country;

then forsaking his retirement, putting at hazard the mighty mass of his

reputation, and be insensible of his services? Who could review the

critical situation in which he preserved our peace and prosperity during

a glorious administration of six years; who could review these things

and not have his heart filled with gratitude and esteem? He expressed

his belief, that, a late measure of the Executive was less the object of

the dislike of some, than affording the opportunity for the vent of

passions and feelings deep-rooted before.

As to the sense of the people of the PRESIDENT, he believed it

unaltered, as to his immediate constituents, he was sure it was; and if

so, it was the duty of the House to make the declaration to the world--a

duty the House owed to themselves and their constituents, and the more

binding from the nature of the Government the people had chosen.

Though the PRESIDENT had twice been called to the PRESIDENCY by the

unanimous and unsolicited voice of his fellow-citizens; though in

obedience to that voice he had made a sacrifice no other man would have

made; though the only reward he has received for his services has been

the approbation of his country, yet, nevertheless, licentious presses

had lately teemed with infamous and scandalous abuse of him. Is this, he

asked, consonant to the feelings of the House, and shall they not

attempt to counteract its effects in the only constitutional manner?

Shall they not declare their own and their constituents' confidence

undiminished in that officer of the Government?

He has told the Legislature that he wishes to co-operate, to preserve

unimpaired the blessings we enjoy. Does the House believe this? then is

it wrong to express their confidence?

He believed, he said, that the efforts made to destroy the character of

this first of men, instead of producing the mischief intended, would

effect the contrary; and he also expressed his belief that the tide of

his popularity at the present moment flowed with unusual strength.

It has been intimated, he observed, that sanctioning the vote of

confidence, contemplated in the clause of the Address under

consideration, would implicate an approbation of a late measure of the

Executive, and would preclude the possibility of a free opinion when

that measure might come under the consideration of the House. He

declared, upon his honor, that he had no intention that the vote now

contemplated should have that effect. He did not conceive, that the vote

of undiminished confidence, which he now pressed, involved an

approbation of all the measures of the Executive; it did not exclude the

idea of fallibility; for what man is infallible? It is only implied,

according to his conception, an approbation of the general tenor of the

conduct of the Executive. When the House express their confidence in a

public officer, they cannot mean that they believe him infallible, but

only that his character, grounded on his general conduct, receives their

approbation.

If, when the Chief Magistrate is attacked in the manner the PRESIDENT

has been attacked, he is left to be overwhelmed with unmerited abuse;

what man with talents to be useful, a reputation to be injured, or

feelings to be wounded--what man will hazard all to serve an ungrateful

country? It will render the station of Chief Magistrate sought only by

mercenaries. If confidence is denied to the Executive, it will only

create vacancies in the high offices of Government to be filled by those

harpies who prey upon the vitals of the State.

Another consideration, he said, should have an influence on this

occasion. The fame of the Chief Magistrate's character has filled the

whole world; the Americans are particularly distinguished as a people

for their uniform attachment towards him. If, at this time of day, they

indirectly declare their want of confidence in that man, they will

justify the malignant predictions which have been uttered against our

system of Government.

These considerations, he said, had weighed on his mind. If the motion

for striking out prevailed, he declared it would distress him beyond any

circumstance that had occurred to him during his public life, especially

at this period, and under the present circumstances of affairs. He

should consider the prevalence of this motion as tantamount to a

declaration, that the House and their constituents did not feel their

confidence in the PRESIDENT unimpaired.

Mr. LIVINGSTON lamented the situation which the drafted Address reduced

the House to; but he could not give his assent to it as it stood; he

should vote for striking out the word "undiminished," if a question on

it should be urged. He did not conceive himself called to a seat in the

House to express opinions, much less the opinions of others, but to make

laws. He felt so much the delicacy of the situation which the wording of

the Address had placed the House in, that he wished the dilemma of a

vote might be avoided. The gentleman last up also lamented the

situation, and justly observed, that striking out the word was

tantamount to a declaration that the confidence reposed in the

PRESIDENT was diminished. But he begged to remind him that it was the

framers of the Address, and he was one of them, that involved the House

in this disagreeable situation.

He declared himself so young in the parliamentary proceedings, as not

exactly to know how to avoid a question on the present motion. He

declared he was not prepared to say what the opinion of his constituents

concerning the PRESIDENT was. The confidence of many of them he knew was

shaken; that of others was increased.

He moved, if in order, that the committee should rise, and the Address

be recommitted.

This was carried, and Messrs. FREEMAN and BALDWIN added to the

committee.

Adjourned.

WEDNESDAY, December 16.

THOMAS CLAIBORNE, from Virginia, appeared, produced his credentials, was

qualified, and took his seat.

_Address to the President._

Mr. MADISON, from the committee to whom had been recommitted the draft

of the Address in answer to the PRESIDENT's Speech, brought in a report.

The clause now added consisted of a modification of the clause objected

to yesterday. On motion, the House went into a Committee of the Whole,

Mr. MUHLENBERG in the chair. The amendment was unanimously agreed to.

Mr. GILES then moved an amendment in the third line of the last

paragraph. It was thus: for "the several interesting subjects which you

recommended to our consideration will receive every degree of _it_,"

read of _attention_. The committee then rose, and the House agreed to

the report.

It was then moved and agreed to, that the SPEAKER, attended by the

House, do present the address, as amended, to the PRESIDENT, and that a

committee should be appointed to wait on the PRESIDENT, to know where

and when he will be ready to receive the Address of the House.

The same gentlemen, viz: Mr. MADISON, Mr. SEDGWICK, and Mr. SITGREAVES,

who had been first appointed to draft the Address, were named for

waiting on the PRESIDENT.

The committee that had been appointed to wait on the PRESIDENT, returned

with notice that he would be ready to receive their Address, at his own

house to-morrow at 12 o'clock.

The House then adjourned.

THURSDAY, December 17.

WADE HAMPTON, from South Carolina, and JOHN HATHORN, from New York,

appeared, produced their credentials, were qualified, and took their

seats.

_Address to the President._

At twelve o'clock, the SPEAKER, attended by the House, waited upon the

PRESIDENT OF THE UNITED STATES, and delivered to him the following

Address, in answer to his Speech to both Houses at the opening of the

session:

SIR: As the Representatives of the people of the United

States, we cannot but participate in the strongest

sensibility to every blessing which they enjoy, and

cheerfully join with you in profound gratitude to the

Author of all Good for the numerous and extraordinary

blessings which He has conferred on our favored country.

A final and formal termination of the distressing war which

has ravaged our North-western frontier, will be an event

which must afford satisfaction proportioned to the anxiety

with which it has long been sought; and in the adjustment

of the terms, we perceive the true policy of making them

satisfactory to the Indians as well as to the United

States, as the best basis of a durable tranquillity. The

disposition of such of the Southern tribes as had also

heretofore annoyed our frontier, is another prospect in our

situation so important to the interest and happiness of the

United States, that it is much to be lamented that any

clouds should be thrown over it, more especially by

excesses on the part of our own citizens.

While our population is advancing with a celerity which

exceeds the most sanguine calculations--while every part of

the United States displays indications of rapid and various

improvement--while we are in the enjoyment of protection

and security, by mild and wholesome laws, administered by

Governments founded on the genuine principles of rational

liberty, a secure foundation will be laid for accelerating,

maturing, and establishing the prosperity of our country,

if by treaty and amicable negotiation, all those causes of

external discord which heretofore menaced our tranquillity

shall be extinguished, on terms compatible with our

national rights and honor, with our constitution and great

commercial interests.

Among the various circumstances in our internal situation,

none can be viewed with more satisfaction and exultation,

than that the late scene of disorder and insurrection has

been completely restored to the enjoyment of order and

repose. Such a triumph of reason and of law is worthy of

the free Government under which it happened, and was justly

to be hoped from the enlightened and patriotic spirit which

pervades and actuates the people of the United States.

In contemplating that spectacle of national happiness which

our country exhibits, and of which you, sir, have been

pleased to make an interesting summary, permit us to

acknowledge and declare the very great share which your

zealous and faithful services have contributed to it, and

to express the affectionate attachment which we feel for

your character.

The several interesting subjects which you recommend to our

consideration, will receive every degree of attention which

is due to them. And whilst we feel the obligation of

temperance and mutual indulgence in all our discussions, we

trust and pray that the result to the happiness and welfare

of our country may correspond with the pure affection we

bear to it.

To the foregoing Address, the PRESIDENT was pleased to make the

following reply:

GENTLEMEN: Coming as you do from all parts of the United

States, I receive great satisfaction from the concurrence

of your testimony in the justness of the interesting

summary of our national happiness, which, as the result of

my inquiries, I presented to your view. The sentiments we

have mutually expressed of profound gratitude to the source

of these numerous blessings--the Author of all Good--are

pledges of our obligations to unite our sincere and zealous

endeavors, as the instruments of Divine Providence, to

preserve and perpetuate them.

Accept, gentlemen, my thanks for your declaration, that to

my agency you ascribe the enjoyment of a great share of

these benefits. So far as my services contribute to the

happiness of my country, the acknowledgment of my

fellow-citizens, and their affectionate attachment, will

ever prove an abundant reward. G. WASHINGTON.

TUESDAY, December 22.

NATHANIEL SMITH, from Connecticut, appeared, was qualified, and took his

seat in the House.

THURSDAY, December 24.

CHRISTOPHER GREENUP, from Kentucky, appeared, was qualified, and took

his seat.

MONDAY, December 28.

ANDREW GREGG, from Pennsylvania, appeared, produced his credentials, was

qualified, and took his seat.

_Robert Randall--Case of Bribery._

Mr. SMITH, of South Carolina, requested the attention of the House, for

a moment, to a subject of a very delicate nature. He understood that a

memorial was, this morning, to be presented from some individuals,

applying for a grant of a large tract of Western territory, and as the

House had referred all such applications to the committee for bringing

in the Land Office Bill, of which he was Chairman; and, as it was

probable that the memorial, about to be presented, would be disposed of

in the same manner, he conceived it a duty incumbent upon him to

disclose to the House, at this time, some circumstances which had come

to his knowledge. Mr. SMITH then said that, on Tuesday evening last, a

person of the name of Randall called on him, requesting an hour of

confidential conversation. In the interview which took place, Randall

made a communication to the following effect: He intended to present a

memorial, on the Monday following, to Congress, for a grant of all the

Western lands lying between Lakes Michigan, Erie, and Huron, to the

amount of about twenty millions of acres. He, and his associates, some

of whom were Canada merchants, who had great influence over the Indians,

proposed to form a company, and to undertake the extinction of the

Indian title, provided Congress would cede to them the fee-simple of the

land. The property would be divided into forty shares, twenty-four of

which should be reserved for such members of Congress as might favor the

scheme, and might be inclined to come into it, after the adjournment of

Congress, on the same terms as the original associates. Randall himself

had the disposal of twelve shares, for members from the Southern

States, and a colleague of his, a like number for those of the Eastern

States. A certain number of shares were to be the property of those

Canada merchants, who had an unbounded influence over the Indians

occupying those lands, and who would, if this plan succeeded, pacify

those Indians, who were the most hostile to the United States; that Gen.

Wayne's treaty was a mere delusion, and that, without the co-operation

of those influential persons, the United States would never have peace

in that quarter. Mr. SMITH said that he communicated this overture, the

next morning, to Mr. MURRAY, one of the members from Maryland,

requesting his advice how to proceed on so delicate an occasion; that

Mr. MURRAY recommended a disclosure to Mr. HENRY, of the Senate, and

that, on a consultation with those gentlemen, it was resolved that it

was Mr. SMITH's duty to make an immediate communication of the matter to

the PRESIDENT, which was accordingly done.

Mr. MURRAY rose next. He had received an application of the same nature,

but having already heard of the proposal, "I was," said he, "in a state

of preparation, and my virtue had not such a shock to encounter, as that

of the gentleman last up." Mr. M. corroborated what Mr. SMITH had said

as to the communication of this affair to himself. He added, that he had

advised Mr. SMITH to give Randall another meeting, for the purpose of

developing his schemes and expectations more fully. Mr. M. said that Mr.

SMITH informed him on Wednesday morning; next day, in the morning, he

informed Mr. HENRY, of the Senate. Mr. SMITH, on that day, informed the

PRESIDENT. On that day (Thursday,) Mr. RANDALL was introduced to him,

and asked an interview at his lodging; he gave him an appointment, at

five in the afternoon. Mr. HENRY and he were together when Randall came

in. Randall talked about the policy of extinguishing the Indian title to

the Peninsula formed by Lakes Erie, Huron, and Michigan, containing

about eighteen or twenty millions of acres of very good land; and talked

in terms that he might have employed from a pulpit. He did not make any

corrupt overtures, till Mr. M. had carried him into his own apartment.

There Randall opened his proposals, as had been before mentioned by Mr.

SMITH, observing that if Congress would sell this land to him and his

company, they intended to divide it into forty or forty-one shares.

Twenty-four shares were to be appropriated to such members of Congress

as chose to support the memorial, which would be presented on Monday.

The members were to have their shares upon the same terms on which his

company should obtain the land. The Company would give five hundred

thousand, or perhaps a million of dollars: but on Mr. M.'s apparent

acquiescence in his views, he said that the shares would be given to the

members who advocated the measure, if they pleased to accept them, after

they returned to their homes. Mr. M. started a difficulty about the

embarrassment of land speculations, for which he, personally, had no

genius; and then Randall instantly turned out the cat, and told him that

if _he_ did not choose the share of land, he should have cash in hand

for his share. Mr. SMITH and Mr. MURRAY had resolved to disclose this to

the House, lest some innocent member might offer a memorial and become

liable to suspicion. Randall had hinted that larger proportions would be

assigned to the more active members, and lesser ones for the small fish.

The SPEAKER then rose, and expressed a wish that some gentleman would

move for an order to apprehend Randall. Upon this, Mr. SMITH again rose,

and said that a warrant to this effect had yesterday been issued by the

PRESIDENT, and to support which Mr. S. had made oath before a magistrate

to the particulars above mentioned. He hoped that by this time the

person was taken.

Mr. GILES next rose, and observed that an application from the same Mr.

Randall had been made to himself. Besides a repetition of some

particulars already stated, he told Mr. G. that he had already secured

thirty or forty members of this House, but he wanted to secure three

other members, if Mr. G. recollected right. He added, that he had

already secured a majority of the Senate. When this proposal was first

made, which Mr. G. thought was about ten days ago, a member from

New-York (Mr. LIVINGSTON) was present. Randall had even gone so far as

to say, that a written agreement was drawn out, and subscribed by a

number of Eastern members, and he wished Mr. G. to extend another

obligation of the same kind for the Southern members; the purport of

which paper was understood to be, that the members who voted in support

of the disposal of the lands, were to be secured in a stipulated share

of them, without having their names mentioned in the deed. Mr. G. was

solicitous to learn the names of the members who had already entered

into the negotiation, but Randall assured him, that, from motives of

delicacy, he durst not communicate any of the names. Mr. G. then desired

a sight of the agreement, that he might be able to comprehend its

meaning, before he should attempt to draw any similar paper. The man

called a second time, and, as Mr. G. conceived, about four days ago, but

had never produced the deed or any draft of it. Mr. G. had already

communicated the proposal to several members, and, in particular, to the

SPEAKER.

The SPEAKER (Mr. DAYTON) mentioned, that Mr. GILES had, some time ago,

informed him of the proposal. He replied, that if an opportunity

offered, he would take care to select a committee consisting of members

sure to detect the guilty, if any such could exist; adding that he

expected the House to believe that he would not have used such words,

but on so extraordinary an occasion.

Mr. CHRISTIE said, that he was the person who had introduced Randall to

Mr. SMITH and Mr. MURRAY. He had long known him, as a respectable man.

Randall had mentioned to Mr. C. in general, that it was a landed

speculation, and hinted that he, Mr. C., might accept of a share. In

reply, Mr. C. had assured him that he could not possibly have a concern

in any such transaction. Randall had not, to Mr. C., insinuated that any

undue advantage would accrue to members supporting the intended

purchase.

Mr. BUCK, a member from Vermont, mentioned that a person of the name of

Whitney, who appears to have been an associate with Randall, had called

upon him in the country with a proposal of this kind.

Mr. MADISON said, that the person referred to had also called upon him,

and told him of his having waited upon many members, and, among the

rest, upon the SPEAKER. Mr. MADISON said, that the conversation was

rather short, owing, perhaps, to the coldness with which the advances of

Mr. Randall were received. Mr. MADISON had already learned, through his

friend from Virginia (Mr. GILES,) the state in which the business was.

He did not wish to alarm the person by too much abruptness, and, at the

same time, he did not wish to give himself any unnecessary trouble about

it, as he understood that it would be properly managed without his

interference.

TUESDAY, December 29.

_Case of Randall and Whitney._

A return was made by Mr. JOSEPH WHEATON, Sergeant-at-Arms to the House

of Representatives. Mr. WHEATON stated that, agreeably to the order from

the SPEAKER, he had taken into custody the bodies of Robert Randall and

Charles Whitney, and kept them at the disposal of the House.

Mr. W. SMITH moved, that a Committee of Privileges, consisting of seven

members, should be appointed, and instructed to consider and report with

respect to the proper mode of proceeding in this case as to Robert

Randall, and that the said committee shall have leave to sit

immediately.

It was likewise moved that the name of Charles Whitney should be

comprehended in the resolution, because he also was taken into custody.

The resolution, as amended, was agreed to. Mr. BALDWIN, Mr. W. SMITH,

Mr. MURRAY, Mr. COIT, Mr. GILES, Mr. LIVINGSTON, and Mr. GOODHUE, were

named for a committee.

Randall was now brought in, by Mr. WHEATON, Sergeant-at-Arms, and the

City Marshal. That part of the journals which refers to his conduct was

read to him.

The SPEAKER then interrogated the prisoner, whether these charges were

true or false? Randall replied that he was not prepared to answer. He

hoped that time would be given him. The SPEAKER asked what time he

wanted? He could not positively tell; perhaps till the day after

to-morrow.

Mr. W. SMITH was disposed to give him the time required.

Mr. BLOUNT said, that he felt for his own dignity as a member of the

House, and for the dignity of the House. To suffer the prisoner to go

away from the bar till he had said guilty, or not guilty, when thirty or

forty members are positively charged with such conduct, and we suffer

the culprit to withdraw, without obliging him to explain, will excite

public suspicion that guilt is here.

Randall was then ordered to withdraw, till the discussion should be

over.

Mr. RUTHERFORD was for making him say yes or no, directly, as to the

guilt. If he wants to have time for pleading any thing in mitigation of

his punishment, that is a quite different affair. But the honor of the

House was concerned in making him give an immediate answer to the

queries now put.

Mr. HILLHOUSE was for bringing Randall forward directly. He ought not to

be allowed time to think of an answer.

Mr. HARPER felt as much as any man for the dignity of the House, but

this would not induce him to proceed in a hurry. Mr. H. enlarged on the

danger of indulging passion on this subject. It would be wrong to force

the prisoner to answer unprepared. What if he refuses to answer at all?

Confession amounts, in this case, to conviction. He was for granting

indulgence.

Mr. VENABLE felt as much as any man for the dignity of the House. At the

same time, he felt himself above suspicion, and the House above it. He

would not wish to trample on the rights of an individual. He saw no

danger that could arise to the House from a short delay. He referred to

what Mr. HARPER had said about the hardship of making any man convict

himself.

Mr. CLAIBORNE was also against hurrying the prisoner. He recommended

that coolness and moderation should distinguish the proceedings of the

House.

The question was then put, whether the prisoner should be obliged to

answer immediately. Ayes 42, noes 48.

It was then moved, by Mr. W. SMITH, that he should be allowed till

twelve o'clock, to-morrow.

Mr. BLOUNT proposed the yeas and nays on the latter question. A member

observed that they should rather have been put on the one immediately

preceding. The motion was supported only by four or five members. A

fifth part of the House are requisite for calling the yeas and nays.

Mr. BLOUNT then laid on the table a long resolution. It was, in

substance, that before Randall was recommitted, he should be

interrogated as to who were the thirty or forty members that had been

gained to the scheme.

Mr. HARPER thought it extraordinary to bring a culprit before the House

for contempt of it, and then encourage him to criminate members. He

should ever protest against persons being brought to the bar for that

purpose. He therefore moved to strike out from the resolution proposed

by Mr. BLOUNT, the words: "And if you did, who are the members whom you

considered as so secured; and what were your reasons for thinking them

so secured?" This was the last clause of an interrogatory which Mr.

BLOUNT proposed putting to Randall.

Mr. BLOUNT declared that he had never meant bringing an accuser to the

bar, or propounding a question that should bring forth an accusation.

Mr. HARPER replied.

Mr. BLOUNT then modified his resolution, by striking out the

exceptionable words; to which Mr. HARPER then agreed.

Mr. MURRAY called upon gentlemen by their sensibility to personal

dignity, and the character of the House, to arrest the motion. Its

tendency certainly was to place the honor of the House, or of a very

great part of it, in the power of a man of whose profligacy of principle

there could now be no doubt. Will you, he observed, permit, nay, invite

him, whom you arraign at the bar of this House, to be a public accuser?

Will you adopt a charge against him, which is in its nature an

imputation that however lightly and wickedly made, will implicate

perhaps innocent men? These men, to rescue their own reputations, will

be obliged to risk their characters, on the weight of their veracity, by

denying this man's charge in the face of a world but too prone to

suspect. By this motion, Randall's assertion to the gentleman from

Virginia, (Mr. GILES,) the only member who has mentioned it, is to be

alleged against Randall as an offence. That Randall said to the

gentleman that there were thirty or forty members secured, he had no

doubt; but he believed the fact to be that Randall was both deceived

himself and attempted to deceive the gentleman. Why, said Mr. M., the

fellow told me that those thirty members were secured. Mr. M. had not

thought proper to state that circumstance, because he did not so much

consider it as a fact material to the detection of Randall's guilt, as

it was one which, if mentioned, might possibly afford to malice an

opportunity of affixing a stigma to any thirty or forty names at which

personal enmity might point. No public good could result from such a

disclosure; for the assertion of such a man as Randall could not, among

men of honor, be deemed a sufficient ground of suspicion; and yet the

malice of the world, or the rancor of personal enemies, might attach

suspicion and infamy to almost the whole House, from the indefiniteness

of the charge. When Randall informed him, on Thursday night, that there

were thirty members who would support his measures, he had felt in the

very conduct which he then was himself pursuing to detect Randall, to

arrest his scheme, a principle of candor towards others, which taught

him that other gentlemen to whom Randall had communicated his scheme

confidentially, were probably determined as honestly as himself to crush

the infamous plot against the honor of the House. He knew that he who

would be wicked enough to attempt seduction, might be weak enough to use

this intelligence artfully, for the purpose of leading him the more

readily to accept terms of infamy; because the object was painted as

easily attainable, and that Randall might wish to diminish all qualms,

by exhibiting a pretended group of accomplices whose company would at

least diminish the appearance of singularity. I entertained, said Mr.

M., no suspicion of any man--I knew Randall to be a corrupt man from his

offers to myself--I therefore placed all his intelligence to the score

of flimsy art: I knew that such a man was not to be fully believed,

where his interest was to magnify his success. I drew favorable auspices

with respect to the corps to which I belong, from another piece of

intelligence of his, which was, that he communicated to some members,

one of whom he had named, and whom I knew to be a man of honor, in what

he called the _general way_. This general way was a display of the

sounder part of his scheme merely, and not the corrupt; consisting in

developing the advantages which would result to the Union in the

disposal of their lands, provided the harmony of the Indians could be

secured. In this view of his plan he gave the subject an attitude far

from unimposing; and I conceived that, as in proportion to the numbers

engaged confidentially he must know that the hazard of detection

increased, he would not communicate the corrupt view as long as he found

the more honest part of the policy might appear to strike any gentleman

as a measure useful to his country; I therefore did not believe Randall,

in the sense he evidently intended; therefore, sir, I did not feel

myself at liberty to mention the assertion which I conceived to be

unavailing as a circumstance necessary to the example I wished to make,

but which, if communicated, I thought might cast a stain, by the mystery

that enveloped it, upon a body whose character ought to be held sacred

to the confidence of the country. My duty was to bring Randall's attempt

to corrupt unequivocally into light, not by repeating all the arts which

he excited to corrupt; nor by exhibiting them in a way that might wound

the feelings of men of honor, who, if charged even personally by

Randall, would have no refuge from odium but in their characters and

counter-assertion: this, though always conclusive with those who

personally know them, is not a protection to minds of sensibility

against the stings of calumny. The voice of fame is not composed from

the voice of men of honor.

Mr. HILLHOUSE was convinced that there was not a gentleman in the House,

whose character rested on so slender a foundation, as to be affected by

any thing that this man could say. He felt no anxiety for the reputation

of the House, for he knew that it was not in the smallest danger. The

resolution went merely to make Randall confess that he had said so and

so. It implied nothing to affect members. A man covered with infamy

making such charges could not expect credit, or obtain it from any body.

Mr. HILLHOUSE was, for these reasons, in favor of the resolution for

interrogating Randall.

The resolution was now read, as follows:

"_Resolved_, That it be made a charge against the said

Robert Randall, that he declared to a member of this House,

that a number consisting of not less than thirty members of

this House had engaged to support his memorial."

Randall was then brought to the bar. The resolution was read to him, and

he was informed that he must answer it to-morrow, at 12 o'clock.

A motion for adjourning was then made. Ayes, 26; so it was lost.

It was next moved and agreed, that Whitney should be brought to the bar.

The SPEAKER then said, Is this the prisoner? Answered, Yes. What is your

name? Charles Whitney. What is your usual place of residence? Vermont.

What are you? I was bred to the farming business. Do you know one Robert

Randall? Yes. The Clerk will read to you the charge that has occasioned

your being brought here. The charge, as stated in the journal of the

House, was then read to the prisoner. He was next interrogated by the

SPEAKER, as follows: Are you guilty, or not guilty? Not guilty. Are you

ready to speak in your defence? I am ready to tell every thing. Are you

prepared to do so just now? Yes. Whitney then stated that he was

connected with Randall in a plan for the purchase of eighteen or twenty

millions of acres of land, lying between the Lakes Erie, Huron, and

Michigan. He had come to town on the design of presenting a petition to

Congress, but had no knowledge of any improper kind of applications.

Randall had several times called upon him at his lodgings, at the Green

Tree, in North Fourth street. He considered the scheme to be of probable

advantage, and a handsome thing to the United States as well as to the

prisoner himself, who repeatedly observed that he would not have engaged

in it, but with a view partly to his own interest. He had wished to

engage influential characters in the business. He was then asked what

associates he had. He answered, Colonel Pepune and Mr. Jones, of the

State of Massachusetts; and Mr. Ebenezer Allen, of Vermont. He also,

upon a query from the SPEAKER, mentioned the name of another person,

which was not distinctly heard. He was asked if the partners meant to

divide the land into forty shares. He answered forty-one; but this was

only in speculation. They had only a rough idea of the extent of the

land, which was inhabited by the Wyandots, and was of a very good soil.

The land was to be divided among the proprietors. The prisoner knew, in

general, from Randall, that he called on Mr. SMITH, and other members;

but was not privy to, nor suspected any unbecoming overtures. He was

then asked the names of the associates at Detroit. He mentioned Mr.

Erskine, Mr. Robertson, Mr. Innes, Mr. Pattison, and Mr. Erskine,

junior. He said that some of them were Indian traders, to a

considerable extent. He had called at Mr. BUCK's, of Vermont, (a member

of the House,) as he was riding by his house. He knew him to be a

gentleman of character whose name would add credit to the business. He

had told him that there were several other persons intending to be

concerned, and that, if it was consistent with his situation as a member

of Congress, he would be glad to have him engaged, but at the same time

carefully noticed that this proposal was conditionally made, and only if

it was proper. He was asked what Mr. Erskine was. He is called Judge

Erskine, but whether he is now a judge, or only was one in some other

part of the country, at a former period, the prisoner cannot tell. You

say that you came to Philadelphia about a month ago. Why were you so

long in presenting your petition? He had a bad cold, and had been sick,

and wanted to make a personal explanation to the members before bringing

the affair before the House. Have you got any new associates in this

city? None. Mr. LIVINGSTON then proposed a question, Whether any of the

shares had been left unappropriated by your associates and you? Answer:

It was at his own option to dispose of shares as he pleased. He was

asked if he could produce any written agreement between himself and his

associates. He believed that he could, and that it would do him no harm

to do so. It was at the Green Tree. But, as a matter of candor, he

requested time to consider whether the production of it could hurt him

or not. This ended the examination.

Mr. W. SMITH then made a motion, consisting of three points, that

Whitney should be ordered to re-appear at the bar, at twelve o'clock,

to-morrow; that he should be ordered to produce the bond; and that, till

to-morrow, he should be remanded to the custody of the City Marshal. It

was likewise recommended that, till to-morrow, the two prisoners be kept

in separate apartments.

Mr. GOODHUE requested that Whitney might be ordered to withdraw; which

was done. He then related that the prisoner had made an application to

him at different times. Mr. GOODHUE told him that he knew very little of

the Western country; he had always lived on the sea-coast, and land

jobbing was quite out of his line. Whitney did not make any corrupt

proposals to him. He believed that it was because he was very averse to

wasting time in speaking at all on the matter.

Mr. SEDGWICK said that, as no direct charge of corruption had been made

against Whitney, he apprehended it would be improper to detain him as a

prisoner. It might be considered as a wanton act of arbitrary power.

Mr. BUCK then rose, and said that he had not yesterday told the whole of

what passed between him and Whitney. Mr. BUCK had received offers plain

enough to be understood. He might either have land, or money in lieu of

it.

Mr. SEDGWICK said, that he had now no opposition to the resolutions;

which were carried.

WEDNESDAY, December 30.

JOHN PAGE, from Virginia, appeared, was qualified, and took his seat.

_Case of Randall and Whitney._

Mr. W. SMITH moved an amendment of the journal to this effect, that the

said Charles Whitney had made overtures to Mr. BUCK, to this purpose,

that he should have a share in the lands to be purchased, or in money.

Mr. NICHOLAS objected to the motion. The reading of the journal was

called for. It was read.

Mr. SEDGWICK said, that the original charge against the man was complete

and full. He thought the amendment unnecessary.

A petition was then presented from Randall requesting that he might be

indulged with a reasonable time to make his defence, and with counsel.

Mr. W. SMITH was very ready to allow the prisoner counsel for his

defence, but, in so doing, he wished it to be understood, not as a

matter of right but of favor. He was apprehensive that gentlemen in

proceeding from one step to another, would at last reason away the

privileges of the House altogether. His friend from Massachusetts (Mr.

SEDGWICK) had quoted the clause of the constitution which gave a right

to have counsel in all trials for crimes; but it did not apply to this

case, any more than the clause which immediately followed it, declaring

that all trials for crimes should be by a jury of the vicinage, and

after presentment by a grand jury. The present inquiry was of a special

and peculiar nature, resulting from the rights and privileges which

belonged to every Legislative institution, and without which such

institution could not exist. As every jurisdiction had certain powers

necessary for its preservation, so the Legislature possessed certain

privileges incident to its nature, and essential for its very existence.

This is called in England the parliamentary law; and as from that law

are derived the usages and proceedings of the several State

Legislatures, so will the proceedings of this House be generally guided

by the long-established usages of the State Legislatures. There would be

a manifest absurdity in conforming the proceedings in this case to the

ordinary proceedings at law in jury trials, for the House, instead of

being able to protect itself, would be altogether dependent on the other

branches of the Government, and in every case of aggression be obliged

to send the offenders to the civil magistrate. If there was any weight

in such reasoning as had been heard, then the House would have to tread

back all the unconstitutional steps they had been taking, and to

discharge, without delay, both the prisoners; for the arrest by the

Sergeant-at-Arms, under the SPEAKER's warrant, was only justifiable on

the ground he had mentioned, namely, the inherent and indispensable

power of self-preservation. That the House possessed power to arrest had

not been denied; but the power of commitment was incident to that of

arrest, and if it possessed both these high powers, it must of

consequence possess the necessary incident of trial or inquiry, in

regulating which the House was only to be governed by its own wisdom and

discretion. On this occasion Mr. S. said he felt, as he trusted every

member did, a proper respect for the rights of individuals brought to

the bar, as well as for those of the House, and he hoped that their

conduct would be marked with discretion and temper; but, willing as he

was to grant the prayer of the petitioner, he could not suffer the

argument which had been relied on, to pass unanswered. This was the

first instance, since the organization of this Government, in which it

had been found necessary to resort to this high prerogative; it was

right, therefore, that the principles on which it was founded should be

well understood, and that the privileges of the House should stand

unimpaired.

Mr. SEDGWICK moved that the prayer of the petition should be granted,

and that Randall be allowed till to-morrow, to be heard at the bar.

The petition was again read.

Mr. CHRISTIE had known Randall for many years, and had never heard of

any thing against him before. He had lately been at Detroit, and Mr. C.

believed that he had been injured by keeping bad company. He was not the

first man in the country who had been corrupted by British influence and

British company. He moved that Randall should be allowed till to-morrow

at twelve o'clock. This was negatived.

The SPEAKER then said, that, if agreeable to the House, he would send

for Randall, and inquire what time he wanted. This was done; Randall

came in, and asked till Saturday, but as the House does not sit on

Saturday, Friday was appointed.

The bond or agreement between the intended purchasers of the land was

then read. It was dated at Detroit, the 26th of September last. Allen,

Whitney, and Randall, were to have the disposal of 36 shares out of 41.

THURSDAY, December 31.

RICHARD WINN, from South Carolina, appeared, was qualified, and took his

seat.

_Case of Randall and Whitney._

Mr. BALDWIN, the chairman of the Committee of Privileges, reported, in

part, on the subject of the further proceedings to be had in the case of

R. Randall and C. Whitney, in substance as follows:

1. That a further hearing of R. Randall should be held at the bar; that

the information given by members against the said Randall be reduced to

writing, signed by the informants respectively, and entered at large on

the journals; that the said information should be read to the prisoner,

and he be asked by the SPEAKER what he had to say in his defence. If the

prisoner should desire to produce any parole evidence to exculpate

himself, the same shall be heard at the bar, and the Judge of the

District of Pennsylvania be requested to attend to administer an oath or

affirmation to the witnesses on the part of the prisoner; that the

SPEAKER shall put all questions to the witnesses. When any debate should

arise, that the prisoner and his counsel be directed to withdraw; and,

when he has concluded his defence and withdrawn, that the sense of the

House be taken on the guilt or innocence of the prisoners, respectively.

Mr. MADISON was of opinion that no citizen can be punished without the

solemnity of an oath to the fact. Of consequence, it is needful to the

information of members, if the punishment of a fellow-citizen is

implicated. Perhaps it may be urged that members, having taken an oath

to support the constitution, this supersedes the necessity of an oath in

the present case.

Mr. GALLATIN thought it reasonable that members should be liable to be

questioned upon oath. That there was no precedent for it, had little

weight. There are many absurdities in the law of nations which gentlemen

would not wish to introduce here.

Mr. SWIFT was against the members being subject to this regulation. The

case was quite novel to him. But this was, at first view, his way of

thinking. Suppose that some person in the gallery were to commit an

insult on the House, before the whole members, would it be necessary

that they should all swear to the offence before proceeding to punish

it? This Mr. S. regarded as a parallel case.

Mr. THATCHER made a distinction when an offence had been committed in

presence of the whole House, and when committed out of their view. In

the former case, there could not be any use for evidence being sworn,

because the whole House had the testimony of their senses. It was

different when the circumstances occurred in another place; and Mr. T.

was convinced that the charge ought to be sworn to. The passage under

amendment was in these words: "That it should be reduced to writing;"

and the dispute was about adding the words, "and sworn to." Mr. T.,

though for examining the members on oath as to the charge against

Randall, was opposed to the amendment as useless, because the members

must, in his opinion, be sworn when Randall is brought to the bar. The

mere declaration of a prosecutor, not under oath, and of a defendant in

the same situation, is equally exceptionable. A phrase had been

repeatedly used which Mr. T. did not understand. It was said that a

member was entitled "to stand up in his place" and give information so

and so. With the meaning of this expression Mr. T. was unacquainted, nor

did he know any law which authorized the imprisonment of a

fellow-citizen on a mere charge unsupported by oath. He did not see the

use of the amendment, but he was clearly satisfied that members ought

to be examined and sworn touching their accusations, as well as any

other persons.

Mr. NICHOLAS was not, in this instance, for departing from the

principles of common law. Instead of supporting the dignity of the

House, about which so much has been spoken, he was afraid that, by

arrogating too much on the side of privilege, they might lessen their

dignity. He declared, upon his honor, that he thought the gentlemen

concerned should, for their own sakes, insist on being cross-examined by

the prisoner and his counsel. To be cross-examined implies no reflection

on a witness. The imperfection of human nature requires such a

precaution, and were Mr. N. a party, he would insist on being

cross-examined. The proposed amendment would narrow the business too

much. It would be better to lay it aside, and let the members be, as

above proposed, subject to cross-examination from the prisoner.

Mr. MADISON said, that when Randall came to the bar he would possibly

save all this trouble, by confessing his guilt, and casting himself on

the mercy of the House. He mentioned an anecdote of a judge who had been

publicly insulted. He informed his brethren of the bench, and, on his

complaint, the offender was apprehended. When he was brought before the

court the oath was administered to the judge. Mr. M. related this story

to show the propriety of every accusation being sworn to, whatever may

be the rank or situation of the accuser.

MONDAY, January 4.

_Presentation of the Flag of France._

The SPEAKER informed the House, that a Message was ready to be delivered

to the House, of a nature calculated to give the most pleasing

satisfaction to every American breast. He suggested to the House, and

the citizens in the galleries, the propriety of not suffering the fervor

of enthusiasm to infringe on the dignity of the Representative Councils

of the United States. He recommended that a respectful silence should be

observed, as most compatible with the true dignity of the House, and the

honor of the magnanimous Republic that was the subject of the Message.

The PRESIDENT's Secretary was then introduced, with an American officer

bearing the Standard of the French Republic,[62] sent by the Committee

of Public Safety, Organ of the National Convention, as a token of

friendship to the United States. The Secretary presented a Message in

writing from the PRESIDENT, with sundry papers accompanying it, to the

SPEAKER, by whom they were read as follows:

_Gentlemen of the Senate, and of the House of

Representatives:_

A letter from the Minister Plenipotentiary of the French

Republic, received on the 22d of the last month, covered an

Address, dated the 21st of October, 1794, from the

Committee of Public Safety to the Representatives of the

United States in Congress; and also informed me that he was

instructed by the committee to present to the United States

the Colors of France. I therefore proposed to receive them

last Friday, the first day of the new year, a day of

general joy and congratulation. On that day the Minister of

the French Republic delivered the Colors, with an Address,

to which I returned an answer. By the latter, the House

will see that I have informed the Minister that the Colors

will be deposited with the archives of the United States.

But it seemed to me proper previously to exhibit to the two

Houses of Congress these evidences of the continued

friendship of the French Republic, together with the

sentiments expressed by me on the occasion in behalf of the

United States. They are herewith communicated.

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