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H. OF R.]

Robert Randall-Case of Bribery.

munication of the matter to the PRESIDENT, which was accordingly done.

[DECEMBER, 1795.

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, withMr. 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.

ticulars already stated, he told Mr. G. that he had already secured thirty or forty members of this Mr. MURRAY rose next. He had received an House, but he wanted to secure three other memapplication of the same nature, but having already bers, if Mr. G. recollected right. He added, that heard of the proposal, "I was," said he, "in a state he had already secured a majority of the Senate. of preparation, and my virtue had not such a When this proposal was first made, which Mr. G. shock to encounter, as that of the gentleman last thought was about ten days ago, a member from up." Mr. M. corroborated what Mr. SMITH had New York [Mr. LIVINGSTON] was present. Ransaid as to the communication of this affair to him-dall had even gone so far as to say, that a written self. He added, that he had advised Mr. SMITH agreement was drawn out, and subscribed by a to give Randall another meeting, for the pur-number of Eastern members, and he wished Mr. pose 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 in-out having their names mentioned in the deed. troduced 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 fortyone 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 par

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,

DECEMBER, 1795.] Case of Randall and Whitney-Indian Trading Houses, &c.

as he understood that it would be properly managed without his interference.

Mr. LYMAN mentioned, that Whitney had called on him, but spoke only of the plan generally. He was to have seen him again, but had

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A resolution was then passed for directing the Sergeant-at-Arms, by an order from the SPEAKER, to apprehend Whitney.

Mr. HARPER moved that the warrant should include Randall. It was objected, that he was already in custody of the City Marshal.

[H. OF R.

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.

INDIAN TRADING HOUSES.

Mr. VENABLE doubted whether an order from Mr. PARKER made a report from the committee the SPEAKER of the House would have the effect appointed to prepare and bring in a bill for esto recover him from the custody of that magis-tablishing trading houses with the Indians. Mr. trate. He likewise wished that a more particular description of Whitney could be given to the Sergeant-at-Arms. In the course of some conversation, it appeared that the House were not acquainted with the Christian names either of Randall or Whitney.

Mr. SWANWICK was of opinion that Randall should also be included in the warrant, as he might tell something which would cast light on the share of Whitney in this transaction.

Some debate ensued on the privileges of the House, and how far they were warranted to apprehend Randall.

Mr. W. SMITH said, that there was yet no official notice of his being apprehended; he therefore wished the warrant to run against him. If the Sergeant-at-Arms returned for an answer, that he was already in custody, then the House might discuss the propriety of interfering with the office of the civil magistrate.

be true.

Mr. MADISON said, that since Randall was already in custody, he did not perceive the necessity for issuing the writ against him instantly. It was a new case; and he would give his vote with more satisfaction if he was permitted to wait till

PARKER moved that it should be referred to a Committee of the Whole House, and recommended an early day, because he believed the present provisions expire about the end of this year. The bill was referred to a Committee of the Whole House on Thursday next.

SURVEY OF THE SOUTHERN COAST.

The report of the special committee on the petition of Parker, Hopkins, and Meers, was next taken up and read. Mr. HARRISON moved that it should be referred to a Committee of the Whole House on Thursday next.

Mr. BOURNE observed, that it would be proper to have the report printed for the use of members; and that consequently Thursday would be too early a day. On this, the consideration of the report was postponed till Friday.

THE TREATY WITH GREAT BRITAIN. Mr. SEDGWICK had been informed by one of the A letter was then delivered to the SPEAKER, Doorkeepers of his having seen Randall in cus-enclosing a petition, subscribed by two hundred tody. He implicitly believed the intelligence to and forty inhabitants of Bennington, in the State of Vermont, which he was requested by the letter to communicate to the House. The subject of this petition was the late Treaty with Britain, which the subscribers censure in severe terms. They state that they now look up exclusively to the House of Representatives, as the guardians of the public peace, welfare, and prosperity. They Mr. LIVINGSTON considered the offence as bail- considered the House as more immediately conable. By this means Randall might in the in-cerned than any other branch of Government, in terim escape. This would cast a serious reflection on the House. He advised to proceed immediately. The resolution to this effect was put, and

to-morrow.

carried.

TUESDAY, December 29.

the interest of the United States. The petitioners were apprehensive of being involved in European politics, and in a contest with the magnanimous Republic of France. They enumerated many articles of the Treaty, which they regarded as objectionable. Among others, they specified the arbitrary definition of piracy, and the interference, CASE OF RANDALL AND WHITNEY. by various clauses of the Treaty, with the LegisA return was made by Mr. JOSEPH WHEATON,lative power of Congress; an interference which 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.

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they dreaded, as tending to overturn and effect a total change in our present happy Constitution.

Mr. COOPER wished to have the names of the subscribers read over by the Clerk, that he might know whether every one of them could subscribe his name, and whether some of them signed only

H. OF R.]

Case of Randall and Whitney.

by marks. The petition was referred to the Committee of the Whole House on the state of the Union. ด

Mr. VENABLE, immediately after, presented two other petitions on the same topic, and after the same tenor, from certain citizens of the State of Virginia. They were referred to the same com

mittee.

EXCISE DUTIES ON SNUFF.

Mr. MUHLENBERG presented a petition from Mr. Stimble, a snuff maker, in or near Philadelphia. He stated the oppressive and destructive consequences of the excise upon snuff. Besides which, the late heavy rains, in the end of last Summer. had swept away his mill, and a large quantity of manufactured snuff. His mill, for which he paid a large annual sum ($560) of excise, had stood idle for a considerable time, and the petition pointed out, in strong terms, the hardship of laying an excise upon a heap of ruins. Referred to the Committee on Commerce and Manufactures.

APPROPRIATIONS FOR 1796.

The House, on motion of Mr. SEDGWICK, then went into a Committee of the Whole, on the report from the Committee of Ways and Means. The resolution reported was as follows:

"Resolved, That an appropriation of moneys should be made to defray the expenses of the Civil List for the year 1796."

This resolution being read, Mr. SEDGWICK moved that the Committee should consent to it, and rise; which they did. The Committee rose, and reported progress. The House agreed, and the report was recommitted to the Committee of Ways and Means, to prepare and bring in a bill to this effect.

The House then proceeded to consider the resolutions from the Committee on the state of the Union [Vide, Proceedings of Thursday, December 17.]

The resolution as to enforcing the existing operations for the discharge of the Public Debt was read, agreed to, and referred to the Committee of Ways and Means.

The resolution respecting the Mint was referred to a committee of three members.

It was then moved that the Committee of the Whole should be discharged from further consideration of the Letter from the Secretary of State, and the other communications by him formerly stated on this head, that they might be referred to the above committee. Both these motions were agreed to.

The resolution as to the Naval Department was then read, and referred to a committee of five members. On motion, by Mr. PARKER, the letter on this head, from the Secretary of War, and the papers that accompanied it, were referred to the same committee.

CASE OF RANDALL AND WHITNEY. Mr. BALDWIN brought in a report from the Committee of Privileges. It was, in substance, that Robert Randall and Charles Whitney should be

[DECEMBER, 1795.

brought to the bar of the House, and interrogated by the SPEAKER, touching the information lodged against them, on written interrogatories, which, with the answers, were to be entered on the Journals of the House; and that then, every additional question proposed by members should be reduced to writing, and put, on motion, by the SPEAKER. Thereafter, if any further measures were thought necessary, that they be proceeded in by a committee, to be appointed for that purpose. The report was agreed to by the House.

Mr. HARPER next moved a resolution, that the two prisoners shall be brought to the bar of the House to-morrow at 12 o'clock; and, in the mean time, that the Committee of Privileges be ordered to prepare interrogatories to be put to them. He feared that time would be lost, if the prisoners were, this day, brought before the House.

Mr. BLOUNT was against the delay, for which he stated several reasons. He insisted that, at least, all intermediate communication between the prisoners should be prevented.

Mr. SEDGWICK recommended avoiding precipitation. He thought it better to delay the exami

nation till to-morrow.

Mr. W. SMITH said, that it was usual for matters touching privilege to be determined immediately. From what was already known, he believed that the SPEAKER was sufficiently informed to put the requisite queries. He wished Randall and Whitney to be directly brought to the bar.

Mr. HAVENS had been applied to by Randall. He did not mention this circumstance yesterday, because so many other gentlemen had spoken in that way, that he felt himself unwilling to encroach on the time of the House. He was ready to communicate the particulars, when necessary. The proposals made to him were, in sum and substance, the same with those communicated yesterday.

Mr. HARPER argued strongly against being in haste. The culprits were fellow-citizens, and entitled to time. It was alleged as an usual practice, to decide instantly on questions of privilege. It might be so, and perhaps this custom was not the more commendable for that. He thought that there was scarcely time before to-morrow, to prepare the necessary interrogatories. He was for delaying till to-morrow, but would cheerfully acquiesce in the vote of the House.

Mr. SEDGWICK, in answer to the precedent urged by his friend from South Carolina, [Mr. WM. SMITH.] observed, that the promptitude to decide questions of privilege arose, very likely, from the impulse of passion, every appearance of which ought to be avoided.

Mr. NICHOLAS understood the end of this affair to be, exculpating the members, and satisfying the public mind. He was for beginning the examination immediately, without giving the prisoners time to prepare answers.

Mr. HARPER withdrew his motion, to make room for one brought forward by Mr. BLOUNT, which was for examining the prisoners immediately. Mr. H. did not recede from his original opinion, but by taking the sense of the House on Mr. B.'s motion, he would be directed as to his own.

DECEMBER, 1795.]

Case of Randall and Whitney.

The House agreed to bring in Randall immediately. In the mean time, a member observed that there was a material omission in the Journal of yesterday, as read this day by the Clerk. It had stated the attempt to corrupt members, but not that Randall had pretended thirty or forty of them to be gained already. This the gentleman thought the most criminal part of the charge. He therefore moved for an amendment of the Journal. This motion produced a long and desultory debate.

The SPEAKER had never known an instance of this sort, after the Journal was, as in the present case, read over and already agreed to. He did not think that it could be done at all, unless the House were unanimous in it.

Mr. THATCHER said, that, as there was not any rule on the subject, he would be for adhering to the old practice, and not be for altering the Journals.

Several gentlemen now spoke. Mr. JEREMIAH SMITH Saw no necessity for an amendment in the Journals at all. The additions proposed may be entered on the Journals of this day, and make a part of it; and, if it is needful, additions may be made, in this way, for ten days to come. It was not like an indictment, which must be found by the jury all at one time.

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? Randali 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 Ran all 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

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[H. OF R.

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,

H. OF R.]

Case of Randall and Whitney.

[DECEMBER, 1795.

fore 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.

Randall's assertion to the gentleman from Vir-tleman as a measure useful to his country; I thereginia, [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 It was, he said, in the spirit of such reflections, almost the whole House, from the indefiniteness that he and the gentleman with whom he had of the charge. When Randall informed him, on concerted the mode and time of disclosure [Mr. Thursday night, that there were thirty members W. SMITH] had determined to trust rather to the who would support his measures, he had felt in as yet unstained honor of the House, than to the the very conduct which he then was himself pur- loose declarations of Randall; and therefore had suing to detect Randall, to arrest his scheme, a resolved on Friday morning to make the discloprinciple of candor towards others, which taught sure before, that some gentleman, innocent of the him that other gentlemen to whom Randall had corrupt scheme, and acquainted with the sounder communicated his scheme confidentially, were part of the plan only, might have cause to blush probably determined as honestly as himself to at having presented a memorial which it would crush the infamous plot against the honor of the be their duty to defeat and to cover with infamy. House. He knew that he who would be wicked If this charge is exhibited against Randall he will enough to attempt seduction, might be weak confess or deny it if he confesses it, and in the enough to use this intelligence artfully, for the disposition that often accompanies detected guilt, purpose of leading him the more readily to ac- should name particular gentlemen, though their cept terms of infamy; because the object was counter-assertion would completely, in his own painted as easily attainable, and that Randall mind, outweigh the charge of a corrupt and promight wish to diminish all qualms, by exhibiting fligate accuser like Randall, yet would every man a pretended group of accomplices whose company of delicacy have cause to regret that merely for would at least diminish the appearance of singu- the purpose of adding to the charges against a larity. I entertained, said Mr. M., no suspicion man proved to be wicked, a stain had glanced of any man-I knew Randall to be a corrupt man from him upon a name innocent and honorable. from his offers to myself-I therefore placed all Let gentlemen act with magnanimity upon this his intelligence to the score of flimsy art: I knew occasion. Let them resist a motion, which, howthat such a man was not to be fully believed, ever purely conceived, may eventually wound howhere his interest was to magnify his success. nest fame, without detecting guilt. Mr. M. solemnly I drew favorable auspices with respect to the corps believed that Randall's assertion was either false to which I belong, from another piece of intelli- totally, or true only as it respected those who had gence of his, which was, that he communicated listened to him, for the purpose of making an exto some members, one of whom he had named, ample, or those to whom he had spoken in what and whom I knew to be a man of honor, in what he called the general way. If Randall denied this he called the general way. This general way charge. it would rest on the assertion of the gen was a display of the sounder part of his scheme tleman from Virginia, but could not affect memmerely, and not the corrupt; consisting in de-bers farther, than as the measure of inquiry seemed veloping 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 detec tion 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 gen- I

to imply suspicion. He and the gentleman from South Carolina had both acted upon the presumption of innocence in members, and they had resolved on the timely disclosure yesterday, lest even one member, however innocent, might be placed in a painful situation by presenting the memorial. If Randall is charged with this as an offence, he verily believed the House betrayed its own honor to the malice of the world; he would therefore vote decidedly against it.

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