Flag of France.

You were the first defenders of the rights of man in another hemisphere. Strengthened by your example, and endowed with an invincible energy, the French people have vanquished that Tyranny, which, during so many centuries of ignorance, superstition, and base-ful allies, she has sought to draw closer the ties already ness, had enchained a generous nation.

Doubt it not, citizens, we shall finally destroy the combination of tyrants. You, by the picture of pros- its value; having engaged in a perilous conflict to deBorn, sir, in a land of liberty; having early learned perity, which, in your vast countries, has succeeded to a bloody struggle of eight years; we, by the enthu- fend it; having, in a word, devoted the best years of siasm which glows in the breast of every Frenchman. my life to secure its permanent establishment in my Astonished. nations, too long the dupes of perfidious thetic feelings, and my best wishes, are irresistibly exown country; my anxious recollections, my, sympaKings, Nobles, and Priests, will eventually recover cited, whensoever, in any country, I see an oppressed their rights, and the human race will owe to the Ameri-nation unfurl the banner of freedom. But, above all, can and French nations their regeneration and a last

H. OF R.]

Case of Randall and Whitney.

magnanimous allies, may soon enjoy, in peace, that liberty which they have purchased at so great a price, and all the happiness which liberty can bestow.

I receive, sir, with lively sensibility, the symbol of the triumphs and of the enfranchisement of your nation-the Colors of France-which you have now presented to the United States. The transaction will be announced to Congress, and the Colors will be deposited with those archives of the United States, which are at once the evidences and the memorials of their freedom and independence. May these be perpetual, and may the friendship of the two Republics be com

mensurate with their existence.

GEORGE WASHINGTON.

UNITED STATES, January 1, 1796.

When the reading of the Message and papers had been concluded

Mr. GILES informed the House that, having been aware that the Flag would be presented to the House this day, considering it as an additional testimony of the affection of France, and it having been the practice on analogous occasions for the House to express their sentiments independent of the other branch, he had prepared a resolution expressive of what he conceived would be their sense on the occasion. It was nearly in the words following:

[JANUARY, 1796.

Mr. SHERBURNE observed, that the difference of opinion respecting the branch of Government to which the answer of the House should be addressed, furnished an additional reason for postponement. He highly respected the author of the motion, and believed his own feelings on the present occasion as fervent as those of any member. And though the feelings of the House might not be as ardent on the morrow as at this moment, yet he presumed that the sentiment would be the same. He conceived that it would be more satisfactory to the Republic, and more consistent with the dignity of the House, that their answer should be the result of cool deliberation, than a sudden impulse of enthusiasm, which the present occasion was calculated to inspire. He would therefore move that the further consideration of the resolution on the table be postponed until to-morrow.

Mr. SWANWICK thought a postponement in this case, as in any others, would only be a waste of time. The motion was negatived.

Mr. W. SMITH's amendment was then taken up, and, after some conversation, was also negatived. Mr. PARKER moved an amendment as follows: "That this House has received with the most sincere and lively sensibility," &c. The amendment was for inserting the two words in italics, to which the House consented. The message was then voted unanimously, and a thousand copies of the communications and resolution were ordered to be printed. A committee of two members was appointed to wait on the PRESIDENT, and inform him of the resolution agreed to by the House.

"Resolved, That the President of the United States be requested to make known to the Representatives of the French people, that this House has received, with the most lively sensibility, the communication of the Committee of Public Safety, of the 21st of October, 1794, accompanied with the Colors of the French Republic, and to assure them that the presentation of the Colors of France to the Congress of the CASE OF RANDALL AND WHITNEY. United States is deemed a most honorable testimony of Pursuant to the proceedings of the House on the existing sympathy and affections of the two Re-Friday last, Mr. SMITH, of South Carolina, Mr. publics, founded upon their solid and reciprocal inte- MURRAY, of Maryland, Mr. GILES, of Virginia, rests; that the House rejoices in the opportunity of and Mr. Buck, of Vermont, delivered in at the congratulating the French Republic on the brilliant Clerk's table their several informations in writing, and glorious achievements accomplished under it during subscribed with their names, respectively, in the the present afflictive war, and that they hope those achievements will be attended with a perfect attaincases of Robert Randall and Charles Whitney; ment of their object, the permanent establishment of which are as follow: the liberty and happiness of that great and magnanimous people."

Mr. SEDGWICK wished that a thousand copies of the communications might be printed, and the further consideration of the Message deferred till

to-morrow.

Mr. W. SMITH also recommended a delay. In the sentiments of the resolution they all agreed. Perhaps the wording might be somewhat altered. Mr. HARPER rose and moved that, for various reasons, which he stated, the resolution should be immediately taken up and acted upor.

Mr. SWANWICK was against postponing the consideration of the Message, and observed that the Convention, on receiving a similar present from this country, had proceeded instantly to a vote respecting it.

WILLIAM SMITH, one of the Representatives of the State of South Carolina in the Congress of the United States, declares

That, on Tuesday last, the twenty-second instant, a person who called himself Randall, and who is said to be from the State of Maryland, applied to him at his lodgings, in the city of Philadelphia, and requested a private and confidential conversation of an hour, which the informant agreed to; and at the time appointed, which was the same evening, the said Randall being alone with the informant, communicated to him a proposal for procuring from the Legislature of the United States a grant of about eighteen or twenty millions of acres in the Northwestern Territory, between Lakes Michigan, Huron, and Erie. That the said Randall observed, that the grant he proposed would be of great service to the United States, from the persons who would be interested therein, (to wit: certain Canada

Mr. W. SMITH, recommended to alter the word-merchants at or near Detroit, whose names he did not ing of the resolution, by inserting the Executive of France, instead of the Representatives of the French people, to whom the message in reply was o be directed.

mention.) having great influence over the Indians, who General Wayne; and, that the said persons would exwere not pacified by the. late Treaty concluded with tinguish the Indian claims at their own expense; and after setting forth the saving of expense, by the cessa

JANUARY, 1796.]

Case of Randall and Whitney.

tion of the Indian war, and other reasons to induce a belief that the proposed grant would be of public utility, he proceeded to inform the informant, that the intention was to divide the land into about forty shares, twenty-four of which would be allowed to, or distributed among, such persons (meaning, as this informant understood him, from the whole purport of his conversation, members of Congress) as would favor the measure: that of these twenty-four shares, he had the management or distribution of twelve for the Southern part, (meaning, as the informant understood, the Southern members of Congress,) and another person, whose name he did not mention, had the disposition of the other twelve, for the Eastern part, (still, as the informant understood and believes, meaning as aforesaid.) That he, the said Randall, proposed subdividing the said shares into so many portions, as to have a sufficiency to obtain a majority, (meaning, as the informant understood him, a majority of Congress,) and that gentlemen, after the session was over, or when they returned to private life, might then have such parts of shares, as the said twenty-four shares would be reserved for such of them as would favor the business, on the same terms as the original associators. That the view of him, the said Randall, and of those concerned with him, was to present a memorial on the following Monday, to Congress, to obtain the said grant for a small price, mentioning half a million of dollars; and that he supposed the land was worth more than two shillings an acre. On taking leave, he pressed the informant for an early and decisive answer to the foregoing proposals; to which the informant replied, that he would not wish to see him again before Friday morning, and requested him to call on him at Congress, and not at his lodgings; but the House did not sit on Friday, and the informant has not seen him since. The informant further says, that the foregoing is the substance and purport of the communication to him made by the said Randall, on the subject above set forth; and that the impression clearly made on the mind of the informant, by the overtures, was, that, under a pretext of public utility, the object of the application was, to secure the informant's influence, as a member of Congress, by a temptation of great personal advantage. That the informant, the next morning, communicated the substance of the foregoing to Mr. Murray, one of the members from Maryland, and consulted him on the most proper mode of proceeding on so delicate an occasion; that Mr. Murray advised a consultation with Mr. Henry, of the Senate; and that, in consequence of such consultation with Mr. Murray and Mr. Henry, on the following day (Thursday) it was resolved, that the informant should immediately communicate the whole transaction to the President of the United States; which he accordingly did.

[H. of R.

That

and advise with him upon proper measures for the detecting of the full extent of the scheme, and crushing it: That he had no opportunity of talking to Mr. Henry on that day; but early on the morning of the twentyfourth instant, communicated the intelligence to Mr. Henry, who recommended that Mr. Smith should immediately inform the President: that on the said day, Mr. Randall, of Maryland, was introduced to him, the informant, and requested a confidential interview at his, the informant's lodgings, which the informant readily promised him, to be at five, for the purpose of developing his scheme. That Randall came at or near five, that day last named, to wit: on Thursday, and communicated to Mr. Henry and himself, in general terms, the outline of a plan by which he, Randall, and his Canada friends, would extinguish the Indian title to all the lands between lakes Erie, Huron, and Michigan, as marked on a map which Randall then showed, containing from eighteen to twenty millions of acres. he, the informant, then asked Randall into his apartment, where they were alone. That Randall expatiated at first upon the public utility of his scheme, which was, that Congress should grant to him and his company, all the land aforesaid mentioned, for five hundred thousand, or, at most one million of dollars; and that he would undertake, in four months, that the harmony of the Indians should be secured to the Union: or, if Congress thought proper, that the Indian tribes now on said land should be removed to the British side, or down lake Michigan, reserving to some aged chiefs a few miles square; that his company and himself had determined to divide the lands aforesaid into forty (or fortyone) shares. That of these shares twenty-four were to be reserved for the disposal of himself and his partner, now in town, for such members of Congress as assisted them, by their abilities and votes, in obtaining the grant aforesaid: That of these twenty-four shares, his partner had twelve under his management for the Eastern members of Congress, and that he, Randall, had the other twelve shares under his management for the Southern members of Congress. That these shares were to be so divided as to accomplish the object by securing a majority of Congress. That the informant started an objection to land speculation as troublesome, and that he, Randall, said, if you (meaning the informant) do not choose to accept your share of the land, you shall have cash in hand for your share. That the informant appointed Randall to meet him in the lobby of the House on Monday, the twenty-eighth instant. That Randall told him a memorial was to be handed in upon this subject on said Monday; but refused to inform the informant what member was to present it: That Randall told him, that he, Randall, mentioned his plan to some members in the general way only-meaning thereby, as he understood him, a view of the sounder part of the plan, as being conducive to public utility. That, in the Mr. MURRAY declares, that, on Wednesday last, the Randall said, that the members of Congress who would early part of the confidential and secret conversation, twenty-third instant, Mr. Smith, member of Congress, behave handsomely, should come into their shares on of South Carolina, informed him that a man of the name the same terms upon which the company obtained the of Randall, of Maryland, had, the evening before, at-grant; but soon after, made proposals more openly setempted to bribe him in Western lands, on condition of ductive and corrupt; closing them with the offer of his supporting an application which Randall told him cash in hand as aforesaid. That the informant, on that he should soon make to Congress; the object of which evening, when Randall went away, told Mr. Henry of application was, a grant from Congress of from eighteen the whole of Randall's offers aforesaid; then called on to twenty millions of acres of land, between Erie, Hu- the Secretary of State, and communicated the same to ron, and Michigan. That Mr. Smith was extremely him; and the next morning, early, informed the Presi solicitous that some other gentleman should immedi- dent of the transaction. W. V. MURRAY. ately be informed of the infamous proposal, and that he said he would mention it to Mr. Henry, of the Senate, 4th CoN.-8

DECEMBER 28, 1795.

WILLIAM SMITH.

DECEMBER 29, 1795.

[JANUARY, 1796.

Congress from New York, entered the room, and the said Randall left it, without further observation, as well as this informant recollects. This informant immediately communicated the contents of this conversation to Mr. Livingston, and declared that he considered the proffer of the unappropriated shares to the members of Congress, as a direct attempt at corruption.

This informant, on the same day, communicated the substance of the conversation to the Speaker of the House of Representatives of the United States, to Messrs. Blount, and Macon, of North Carolina, and to Messrs.

visable by all these gentlemen, as well as by this informant, to permit the plan to be brougnt before Congress in the usual way, by memorial, and to cause a detection, by means of a committee, to whom the said memorial should be referred: and in the mean time, if the said Randall should again call on this informant, he should proceed to make further discovery of the real state and nature of the transaction.

That the said Robert Randall informed this informant, that he had some business of importance to com-Madison, and Venable, of Virginia. It was deemed admunicate to this informant, which would probably come before Congress: That it respected the fur trade at present carried on by the British traders with the Indians, through the lakes. He observed that it would be important to change the course of that trade into some channel through the United States: That he believed he could put Congress upon some plan for effecting that object: That the plan was of a secret nature: That he was not then prepared to disclose it, and requested a private interview with this informant for that purpose, at some other time. Upon which request, this informant appointed the next Saturday, at twelve o'clock, (being the nineteenth of December,) to receive the com

munication.

That on the next day the said Randall did again call on this informant, and informed him, that he, the said Randall, then proposed to disclose his plan more particularly; and after some general remarks upon the public utility, as well as individual benefit of the plan, he said that it was in substance as follows;

The tract of country before described was to be divided into forty-one shares, five of which were to be reserved to the Indian traders at Detroit; the other thirtysix were to be divided into two departments; eighteen to the Eastern and eighteen to the Southern department. That six out of the eighteen shares were to

That about the time appointed, the said Robert Randall called on this informant, and after some general conversation, informed this informant, that an association had been formed by himself and others, with some of the most influential traders at Detroit, for the purpose of purchasing all the lands contained in the Peninsula formed by lakes Erie, Huron, and Michigan, and the waters connecting those lakes, amounting in the whole to twenty or thirty millions of acres, if the consent of Congress could be obtained for the extinguishment of the Indian claims thereto. The said Randall then pro-bers of Congress as should support the measure. That duced a map of the Peninsula and Lakes.

That this tract of country was to be divided into shares, and that a number of shares was to be left unappropriated, until the necessary law of Congress should pass, authorizing the extinguishment of the Indian claims; and might then be filled up by those who might think proper to concur in the plan, and should give their aid for procuring the passage of such law. Upon this intimation, this informant observed, that he hoped the said Randall did not intend to address the information of the unappropriated shares particularly to this in

After some further conversation of a general nature, respecting the present state of the fur trade, the value of the lands contained in the peninsula, and the probable effect of the late Treaty upon that trade and country, the said Randall inquired of this informant "whether he deemed his plan advisable, and whether it would meet with the support of this informant in Congress." To which this informant replied, that if the said Randall should bring his proposals before Congress, this informant would give them the consideration which his duty required, and should give such vote as he deemed right; or words to that effect. Very shortly after this conversation, Mr. Edward Livingston, a member of

be reserved to his Eastern partner and associates, and six out of the remaining eighteen, to himself and his associates. That the remaining twenty-four shares were to be left unappropriated, for the use of such mem

the names of those members were not to be made known until after the law for the extinguishment of the Indian claims had passed; and then requested this informant to prepare some writing which would compel the ostensible persons to surrender the unappropriated shares to the real supporters of the measure, after it should be effected. That one million of dollars were spoken of as the price of the lands; but that he deemed that sum by far too much; and as Congress would have to fix the price, they might make the terms such as to insure considerable emoluments to the purchasers. That a majority of the Senate had consented to give the plan their support, and within three of a majority of the House of Representatives. After much further conversation on the subject, which this informant thinks unnecessary to particularise, the said Randall promised to wait again on this informant, at his lodgings, on Tuesday evening, at seven o'clock, and introduce to this in

formant his Eastern associate.

The said Randall did not call at the appointed hour, and this informant did not see him again until Friday, the twenty-fifth of December, when the said Randall again called on this informant, and, after making an apology for not calling at the appointed hour of the preceding Tuesday, informed him at the door of his apartment, that his memorial to Congress would be ready to be presented on the next Monday; but as several gentlemen were in this informant's room at that time, the said Randall did not enter, and no further conversation was then had; since which time this informant has not seen the said Randall, until he was brought to the bar of the House of Representatives, in custody.

JANUARY, 1796.]

Case of Randall and Whitney.

This informant further saith, that he communicated the substance of every material conversation with the said Randall, to the Speaker of the House of Representatives, and to the several gentlemen before mentioned. WILLIAM B. GILES.

JANUARY 1, 1796.

I, DANIEL BUCK, inform and say, that about ten days previous to my setting out on my journey to Congress, (which was on the thirtieth day of November last,) a stranger whom I now know to be Charles Whitney, in custody of the Sergeant-at-Arms, called at my office in Norwich, in the State of Vermont, introduced himself by the name of Whitney, and informed me that he had some business of importance which he wished to converse with me upon. I asked if he wished to be in private; he signified that he did, upon which my clerk withdrew; and the said Whitney proceeded to inform me that the business of which he wished to converse

of

[H. of R.

agreement between the associates, which appear to be much upon the magnitude of the object, in respect to the same as have been read in Congress: he also said the subscribers and partners; and though I cannot now repeat his expressions, yet I can truly assert, that I then clearly understood him, that if I would subscribe the grant was obtained, if I chose to relinquish my share as a partner, my name might be kept secret, and after in the lands, I might receive money in lieu of it; though no specified sum was mentioned, other than has already been stated; and the conversation finally broke off, upon my declaring that I would make no engagement in the business, until I was better informed as to the merits of the question.

being concerned in the business, as I should thereby only connect my private interest with the public good; and while I was advancing the greatest interest of my country, might put two or three thousand dollars into my own pocket. Upon my suggesting, that, by a late Treaty, a peace was already concluded with the Indians, important national question, as, by the Treaty, the right and that this was a business that might involve in it an of purchasing lands of the Indians, was reserved to the the Indians were greatly dissatisfied with the Treaty, United States, the said Whitney replied and said, that and would not keep it; and that another war would be the certain consequence, unless other measures were adopted. He then renewed the protestation of the purity of his intentions, and said that he conceived that him) should so clearly evince the utility of the plan, as they (meaning himself and associates, as I understood that there could be no doubt of its propriety in the mind was of great importance to the public, as well as to the thought it would be hard to suppose that members of any well-wisher to his country; and said, that he individuals immediately concerned. That it would Congress were, in consequence of their appointment, to come before Congress, but was so circumstanced as to be deprived of those advantages to acquire property render it necessary to make a previous statement to some of the members, that they might be able to ex-showed me a plan of the country, and the articles of which might be taken by others. The said Whitney plain to others; and the whole thereby be better prepared to judge upon the business: he declared he wished for nothing improper, and that he did not want that I should favor the plan unless I saw it to be consistent: for he said he wanted nothing but what was perfectly just and honorable, and was confident that if the matter could be understood, it would appear to be of great public utility. He then stated that he and his associates had discovered a large and immensely valuable tract of land, between or contiguous to lakes Erie, Huron, and Michigan, (if I mistake not the names,) which he said might be purchased of the Indians at a low rate: That this purchase would conciliate the affections, and secure the friendship of the hostile tribes: That he, the said Whitney, together with Ebenezer Allen, Doctor Randall, and a number of Canadian merchants at Detroit, had formed an association for the purpose of extinguishing the Indian title, and petitioning Congress for the pre-emption right to those lands; that if they succeeded, it was their intention immediately to make settlement on them: That those merchants had such influence with, and control over the Indians, that there would be no difficulty with them; and that such a settlement would be a barrier against the savages, and effectually secure peace to the United States: That those merchants were then employed in the business among the Indians; and that his partner, Doctor Randall, and his other associates, had such connexions, that there was a fair prospect of success. That it was not their intention, however, to engross all this property to themselves; but that it was to be divided Mr. Lewis then rose. He observed, that these into a number of shares, and that he and the said Ran- declarations had been made in the absence of the dall had the disposal of them. That he, the said Whit- prisoner, who, as he conceived, was entitled to have ney, was then directly from Philadelphia, and that it was been present. His request was, that the informants agreed that Randall should dispose of a part amongst might now be placed in a situation to be examinhis friends, and the influential characters in the South-ed by the prisoner and his counsel, and that the ern States; that he, the said Whitney, was to distribute information may now be given in the prisoner's the other part amongst his, the said Whitney's friends, hearing. The prisoner and his counsel were or

and the influential characters in the Eastern and Northern States. That they had already got a number engaged, but that the subscription was not full, and that I might become an adventurer if I wished for it; and as he conceived that I could make myself acquainted with the facts, they, the said associates, would be able so clearly to demonstrate the public utility of the measure, that there could be no impropriety in my

JANUARY 2, 1796.

DANIEL BUCK.

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.

dered 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