DECEMBER 29, 1795.

[Mr. William Smith, of S. Carolina, Mr. William B. Giles,

of Virginia, Mr. Buck, of Vermont, and afterwards, Mr.

Sedgwick, of Massachusetts, severally gave in statements

corroborating that of Mr. Vans Murray.]

It was then moved that Robert Randall should be brought to the bar of

the House. He was brought in accordingly. Seats were placed for the

Judge of the District of Pennsylvania, and the two counsellors for

Randall, Mr. Lewis and Mr. Tilghman, jr. The informations given in by

Mr. W. SMITH, Mr. MURRAY, and Mr. GILES, were read over, and the SPEAKER

asked the prisoner, what he had to say in his defence? I am not guilty.

You declare yourself not guilty? Yes. Have you any proof to cite that

you are not guilty? No. Are you ready to answer?

Mr. Lewis[63] then rose. He observed, that these declarations had been

made in the absence of the prisoner, who, as he conceived, was entitled

to have been present. His request was, that the informants might now be

placed in a situation to be examined by the prisoner and his counsel,

and that the information may now be given in the prisoner's hearing. The

prisoner and his counsel were ordered to withdraw.

Mr. JEREMIAH SMITH made the following motion:

"That the prisoner be informed, that if he has any

questions to propose to the informants, or other members of

the House, he is at liberty to put them, (in the mode

already prescribed,) and that they be sworn to answer such

questions as shall be asked, and that the informants be

sworn to the declarations just read."

The words in parenthesis were an amendment suggested by Mr. GILES. The

resolution and amendment were adopted by the House, and the prisoner

with his counsel were again brought to the bar. The resolution above

stated was read to Randall.

Mr. W. SMITH, Mr. MURRAY, and Mr. GILES, were then sworn, standing up in

their places: the oath being administered by the Judge.

Mr. Tilghman[63] then observed on the delicate situation in which the

counsel stood, with which they were strongly impressed. The high

character of the gentlemen who stood forth in support of the accusation,

gentlemen whom Mr. T. had known personally for many years, with the

odious nature of the crime charged on the prisoner, embarrassed them

considerably; as they had, however, been permitted by the House to

appear in this business, they were bound in duty to do every thing

consistent with a fair and honorable defence. If Mr. T. were to declare

his own opinion of the conduct of the prisoner, it would be thus, that

his behavior was highly improper and indelicate; but Mr. Randall denied

having made any offer either of lands or money, as in fact he had none

to give. The disposal of the lands depended entirely on the subsequent

vote of Congress.

Mr. Lewis spoke a few words. The prisoner's defence was, that he denied

any proposal of a corrupt nature. The members who favored the sale of

the lands, were only to have their shares on the same terms, and on

paying an equal share of the expenses, as the other partners.

Mr. W. SMITH was then examined upon that part of his information where

he says, that those members who should be concerned with Randall, were

to have shares of the lands. Mr. SMITH was asked whether the offer was

that they were to be granted at an inferior rate? In reply, he

understood it was to be on the same terms as other partners were to have

them. Mr. GOODHUE proposed a query, whether the offer made by Mr.

Randall was in order that Mr. SMITH might use his influence to forward

the scheme in Congress? Mr. SMITH replied, that he certainly understood

it so. The prisoner had all along referred to members of Congress,

though he did not expressly name them. His phrase was, "for persons who

would favor the scheme."

Mr. Tilghman then, through the SPEAKER, asked Mr. MURRAY whether he

understood he was to pay for his share of land as the other associates

or not?

Mr. MURRAY.--I understood him as is explained in the declaration. At

first I understood, that the members who should assist in getting the

thing through, might then retire to their homes, and when the scheme was

in activity they might come in on the same terms as the original

associates. But afterwards, I understood from Randall that I might have

a share if I would accept of it, and this I understood from the whole

tenor of the latter part of his conversation. The shares set apart were

to be for acceptance as donations. I so understood him.

Mr. Tilghman.--Did he expressly say, that they were intended as

donations, or did Mr. MURRAY collect this to be the man's meaning from a

variety of circumstances?

Mr. MURRAY.--He did not say, if you will do so and so, I will give you

so and so; his proposal, though more delicate, was as unequivocal as a

direct offer. I so understood him.

Mr. HARPER asked Mr. MURRAY, whether Randall did not tell him, that if

he did not like land, he should have money, and whether the money was

not to be more than the value of the share of land?

Mr. MURRAY said, that from this part, and indeed the general tenor of

the conversation, he did infer, that a donation was intended, and when

he objected to land, the prisoner then said, if he did not choose to

accept of a share in land, he might have cash in hand.

Mr. Lewis, counsel for the prisoner, asked Mr. MURRAY, whether he did

not state to Randall his aversion to dealing in land, and whether

Randall did not say that this need not be an objection, since the share

might be sold, and then that he would have cash instead of land?

Mr. MURRAY.--I did not so understand it.

Mr. HARPER wished Mr. MURRAY to relate, as nearly as possible, the words

of the prisoner in this important part of the conversation.

Mr. MURRAY said, that immediately after it took place, and he had

communicated it to his friends, he took notes of it. It stood in this

manner: "I stated objections to land speculations as troublesome:

Randall then said, if I did not choose land, I might have cash in hand."

Mr. Tilghman asked, whether Mr. MURRAY did not, to get the man's whole

secret from him, go beyond his views to draw him on?

Mr. MURRAY said, he affected to think well of the more sound part of the

plan.

Mr. Tilghman asked what Mr. MURRAY expressed to Randall when it was

proposed to him to engage in the land scheme?

Mr. MURRAY.--A strong repugnance to land speculations.

Mr. Lewis.--Then it was, he said, that if it was not convenient for Mr.

MURRAY to be concerned in a share in land, he might have it in money?

Mr. MURRAY.--Yes.

Mr. S. SMITH was next sworn. There was here a motion made for

adjourning.

Mr. Lewis stated that Mr. Tilghman and himself had never seen the

prisoner until yesterday in the evening. They had been in Court until

late on Saturday evening. They went yesterday to prison, and back again

this morning. They had received a long written state of the case from

Mr. Randall, but, from absolute want of time, they had not been able to

read one third part of it. The motion to adjourn was negatived.

Mr. S. SMITH was then proceeding with his evidence, when Mr. SEDGWICK

rose. He considered it as unfair to examine Mr. SMITH in order to prove

the information given by other gentlemen. It was totally inapplicable.

The offences were as distinct as any two things could be.

Mr. BLOUNT moved to put this question, whether any conversation passed

between Mr. S. SMITH and Randall, which had an appearance of intending

to corrupt the integrity of members of this House.

Mr. SEDGWICK objected, that this was deviating from the original

specific motion. Mr. GILES was of an opposite opinion. Mr. MADISON

thought the motion proper, in the strictest sense. The charge was

general; and the answer to the question might be of a nature to

corroborate that general charge. After a few words from some other

members, the motion was carried.

Mr. SMITH, of Maryland, then on oath stated in substance as follows:

That on the 9th or 10th, Randall, whom he had known in Maryland, called

on him and asked half an hour's conversation with him. He said he had a

plan in view, that would be to the advantage of the United States, and

turn to his own private emolument.

Randall informed Mr. S., that he was last year at New York, that he

thence went to Detroit to explore the country on Lakes Erie, &c., that

he contracted an acquaintance with certain influential characters with

whom he had formed an association to procure the lands in question. He

mentioned the outlines of the plan and dwelt on the public advantages

that would arise from it. He indirectly insinuated that gentlemen in

Congress who chose to be interested in the plan might have a portion of

the land in contemplation. He asked Mr. S. to fix a day when he should

enter more particularly into a detail of the business. Mr. S. fixed

Saturday following, and then retired into the room where his

fellow-lodger was, and told him that some great land-business was on

foot and that he believed he might make his fortune. On Sunday Randall

came with a map on which he explained the position of the land and

expatiated on the richness of the soil. He detailed the particulars of

the project which Mr. S. related as has been heretofore stated with some

little variations. He enlarged upon the public advantages to the United

States if the purchase was allowed. He said, he would be glad if Mr. S.

would embark in the undertaking, and give the plan his countenance; but,

that, if he did not choose to so do, it could be accomplished without

his assistance, as a decided majority of both Houses were agreed to

support it. Mr. S. asked him, whether in the Senate? he said, yes. He

asked him for names; he objected to mentioning any. Randall explained,

that members who were most active were to have larger shares, and such

as only gave their assent, smaller; Mr. S. understood that he might have

one of the larger. No money was offered as a temptation to engage, but

he fully understood that every gentleman was to pay his full proportion

of the price. He stated to Mr. S., that it would save the United States

much in men and money to have the scheme accomplished, and added, that

if Congress desired it, he could remove the Miami Indians to the other

side of the lakes. Mr. S. asked him what he proposed should be offered

for the lands. He said, that would remain in the breasts of the

gentlemen in Congress. Mr. S. asked whether one dollar an acre could be

afforded, he objected to that as by far too much. Mr. S. mentioned

twenty-five cents, that was too much. Mr. S. then suggested that he

supposed two and a half cents were contemplated. Randall answered, that

if Congress fixed this price it would be well so. He offered no direct

bribe to Mr. S., but proposed to take such members into the scheme at

first cost as chose to embark in it. Mr. S. asked him who was to offer

his memorial. He mentioned a gentleman of great weight in the House.

Mr. SMITH, of South Carolina, asked the date of this conversation.

Mr. SMITH, of Maryland, answered, on the Sunday following the 10th,

which must have been the 13th.

Mr. Lewis, through the SPEAKER, asked Mr. S., of Maryland, whether

Randall had not said, that he had actually a majority in favor of his

scheme; or, that he expected to get a majority?

Mr. SMITH, of Maryland, understood that he had a majority, and on this

ground, he said to Mr. S. that his co-operation was not absolutely

necessary.

The prisoner was remanded, and the House adjourned.

TUESDAY, January 5.

_Case of Robert Randall._

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