H. OF R.] Case of Randall and Whitney. [JANUARY, 1796. cause it was before the member took his seat, &c. exceed them. He hoped that the House would What kind of treatment is this? What right get rid of an affair so foreign to their peculiar have this House to keep an American citizen ten business of legislation as quickly as possible. He days in jail, and then declare him infamous, with- would have agreed to the present motion, had it out permitting him to be heard in his defence? been made a week since, and had it even extended He has said that the gentleman from Vermont to Randall. An insult had been offered by both misunderstood him. I believe that what the prisoners to individual members; but how far member said is true; but it may possibly be ex-that was an insult to Congress, or how Congress plained away. I will not vote for insulting a should resent it, might be doubted. He thought, man by declaring him guilty, at the very moment with one of Randall's counsel, that the insulted when we are forced to dismiss him, because we member might have chastised him, or might have cannot find proof that he is so. prosecuted him. He believed that there was no conceivable offence, but what could either be pu nished in a court of law, or a repetition of it be prevented by a new law. The present proceedagainst similar insults, nor necessary for securing the reputation and integrity of its members. As for protection from insults offered by the gallery, or persons in the street, he would go as far as any member in support of it; but he believed, that the House might rely on the laws, and on their constituents, for protection, with more propriety than on British precedents. The present proceedings, if published as a precedent, will more likely produce discontent than respect. It is the duty of legislators to prevent injustice and establish uniform rules for proceeding against offenders. Hence it does not become them, in their own cause, to be prosecutors. witness es, judges, and jurors. The majority who voted yesterday to punish Randall, may with consistency vote against the dismission of Whitney. Both are charged with the same offence, and similar proof has, in both instances, been adduced. It is said that the offence was committed at Vermont, before the privilege of the member commenced. This was not an extenuation. It was more dangerous for a member to get such applications when at home than after he came to Congress. Mr. P. would rather be attempted here than at home. He was for the resolution. Mr. W. SMITH, in answer to what Mr. GILES had said about the head and tail of his resolution, said that he could make neither head nor tail of the argument used by the gentleman from Vir-ings are not calculated to preserve the House ginia. He had risen to make his amendment, because he thought himself as well entitled as that member, or any other in the House, to deliver his own opinions, and to suggest such amendments as he judged proper. The objections of Mr. GALLATIN could be readily obviated by an amendment which he would read. Mr. VENABLE was against the amendment before the House. It was quite immaterial where an offence was committed. A plan might be laid in Vermont. A gentleman might afterwards come to this House, and act upon it; and vote for a measure that would ruin the country. The amendment of Mr. W. SMITH was, on a division, negatived. Mr. LIVINGSTON was for discharging the prisoner immediately, though he believed both him and Randall guilty of the offences alleged against them. They had not been in good company; he did not like the proposal the better because it originated with British merchants; though that circumstance did not amount to a proof of guilt. He alluded to the wars excited by British emissaries on the frontiers. Timeo Danaos dona ferentes. I dread these Britons and the gifts they bring. He then entered into a calculation, in order to prove, that Randall and Whitney could actually have given away twenty four shares out of thirty-six, and still, at the rate proposed, have a very large reversion of profit to themselves. He warned the House that he did not intend to affirm that the guilt of the prisoners was positively ascertained, but the evidence adduced had made an impression of that sort upon his mind. Mr. PAGE said, he would vote for the motion to discharge Whitney, that he might be consistent with his vote of yesterday, and because he could not find any definition of the offence with which Whitney is charged in the books of our laws. If he could even find it, in definitions of breach of privilege in the British Parliament, he found no punishment which this House was, by the Constitution, authorized to inflict. Parliament rules are, it is true, applicable to the proceedings of this House, and some of them have been happily applied here. But Mr. PAGE did not think parliamentary precedents respecting cases of breach of privilege, by any means applicable to the situation or powers of Congress. The Constitution had defined those powers, and he hoped never to Mr. W. SMITH had, early in the debate, observed that a final determination, this day, would be premature. He, therefore, moved to postpone the farther consideration of the resolution till Monday. Gentlemen seemed to regret the extreme criminality of the plan. It went to rob the United States of a property worth perhaps twenty millions of dollars. Mr. GILES was for discharging the prisoner instantly, because though every tittle were true, that stands on our Journals against him, it does not, all together, amount to a breach of privilege. He had been, he believed, this day, a dozen of times upon his legs, to explain his reasons, and they had still been misunderstood. Indeed, if we are to talk on from day to day, for the purpose of protracting Whitney's confinement, it would be better to vote plainly for so many days of imprisonment. Mr. G. could not help observing, that in all which was said this day, he did not hear a single sentiment of sympathy for the sufferings of this poor man, who had been kept ten days in jail on an accusation, that, if proved, did not amount to an offence. The motion for postponing till Monday was negatived, only eighteen members rising to support it. A second motion was then made for postponing till to-morrow (Friday.) Only thirty-two members rose in its favor. Negatived. The resolution was then read: Resolved, That Charles Whitney be discharged from the custody of the Sergeant-at-Arms. The yeas and nays were called for and taken yeas 52, nays 30. The prisoner was then brought to the bar. The SPEAKER addressed him thus: "Charles Whitney: the House have thought proper to discharge you without further hearing, by a resolution that will be read to you by the Clerk." This was done; the prisoner went off; and the House, at half past three o'clock, adjourned. FRIDAY, January 8. [H. OF R. cences in case of contravening the provisions of the law. This motion was withdrawn in order to introduce the provision elsewhere. Mr. MILLEDGE moved to strike out the whole of this seventh section. It appeared to him to involve provisions which would be proper in another law, but in this bill blended two different subjects. Mr. SEDGWICK considered the provisions in this section referring to certain rules for regulating the public trade with the Indians, as proper, since similar rules would be made in regulating the trade of individuals with Indians. On this ground he was for retaining the section. It was moved to modify the section by confining the provisions to "the agents or clerks," specially employed by the United States. This amendment was agreed to. On the motion of Mr. SEDGWICK, the last clause of the seventh section, relative to the oath or affirmation, was expunged. The Committee then rose; the Chairman re JEREMIAH CRABB, from Maryland, appeared, ported the bill with the amendments, which were was qualified, and took his seat. INDIAN TRADING HOUSES. The House went into Committee of the Whole, Mr. MUHLENBERG in the Chair, on the bill to establish trading houses for the Indian tribes. Mr. DAYTON objected to the bill, so far as it empowers those who are to sell the goods to the Indians, to procure or purchase the goods. He considered the uniting these powers in the same persons as highly exceptionable, and liable to great abuse. He moved to strike out the words procure or." 66 Mr. PARKER said that the objection was misapplied, for subsequent clauses placed the business under the special direction of the PRESIDENT OF THE UNITED STATES. He should not, however, object to striking out the words. His view in rising was merely to justify the committee who reported the bill, as they had supposed that sufficient guards were provided. Mr. GILES did not think the reason given for retaining the words sufficient. The PRESIDENT cannot be supposed to have such cognizance of every part of this business as will enable him to secure the public, or Indians, from imposition. He was for increasing the checks against abuse. The motion for striking out was agreed to. In the third section, Mr. SEDGWICK objected to the words "laying aside all view of gain by the trade." They might operate disadvantageously to the people of the United States, if Government should enter into this trade on a principle that would preclude all private adventurers in the same line by citizens. The words were expunged. Mr. PARKER presented a substitute. It relates to compensation of agents and clerks to be employed. The sum of dollars was to be appropriated. The substitute was adopted by the Committee. In the seventh section, Mr. SEDGWICK moved an amendment, providing for the forfeiture of li taken up, and agreed to by the House, with one verbal amendment. Mr. SWIFT expressed his disapprobation of the bill. He thought the object unattainable to any important extent. He disapproved of public bodies being concerned in trade. It is always managed better by individuals. Great loss and dilapidation are the consequence; nor is it possible to guard against frauds and abuses. The public have no money to spare. It is the opinion of the Committee of Ways and Means, that additional taxes will be necessary for the public service. We must not tax our constituents for the sake of trading with the Indians. He hoped not. Mr. S. concluded by a motion for striking out the first section. Mr. PARKER Supported the principle of the bill; he wished a fair experiment to be made. The plan is founded on humanity and benevolence. It has been recommended by the PRESIDENT from year to year. Mr. P., on this subject, had been in sentiment with him. It was well known he had never lightly advocated a disbursement of public money; on this occasion, it would be a saving of public money. It will cost much less to conciliate the good opinion of the Indians than to pay men for destroying them. Mr. HILLHOUSE was in favor of an experiment. Much had been anticipated from the plan; a beginning had been made, and he thought it best to try it for such a length of time as would afford a fair experiment of what could be done. Mr. SWANWICK said he was in favor of the principles of the bill, were it merely as a change from our usual system of Indian affairs. We have hitherto pursued war at an expense of a million and a half of dollars nearly annually; let us now try the fruits of commerce, that beneficent power which cements and civilizes so many nations; barbarous till they became acquainted with its influence. To encourage us, indeed, a fact hath come to our knowledge on the investigation of the case of Randall. Gentlemen will remem ber his assertions to them, and the deed read in the House, in which so much was stated of the influence of the Canada traders over the Indians: well, let us try to balance or countervail this influence; but it has been observed, our private citizens will do this sufficiently in the way of their private trade. In general I am friendly to let commerce take its own level, without Governmental interference; but the little influence our traders have yet obtained, shows plainly enough defective capital or a defective extent of trade; both are to be apprehended. So many objects of speculation offer in this country, that individuals may not pay sufficient attention to this branch, in which they have so powerful a British interest to contend with. Government, alone, can do this in the infancy of the commerce. Let the experiment be made; we can lose little by it; we may gain a great deal. It has been observed, that this act hath been rejected in three different sessions of Congress already; and this is argued as a proof of its want of merit; but this hath been the fate in England of the navigation act; it was hundreds of years struggling to get into existence, but was not the less acceptable when at last it succeeded. Perhaps we may find this bill, on experience, none the worse for the difficulties, which, as an untried step, it hath hitherto had to encounter: it is recommended by general reasoning; let us try it; we can only repeal it if we find it does not answer the sanguine expectations entertained of it. Mr. MACON was opposed to the bill. He thought the circumstance of the business having been so long in agitation, was a reason why it should be longer considered. The reason for delay was certainly not weakened by that. The business was highly improper for Government to embark in. men. [JANUARY, 1796. selves in future from competition. This great company can afford to pay this price for the perpetuity of this trade and influence. In order to meet the capital of this company, we must not trust to individual small capitalists. By a sum appropriated by Government to the object, however large the capital in competition in Canada, the Government will be able to beat down the trade of this company and place it in American hands; and in a few years after the competition has ceased, the Government may then withdraw its agency, and leave it to private capitals, to which the field will then have been rendered easy. The motion of Mr. SWIFT was negatived; and the bill was ordered to be engrossed for a third reading. PERMANENT SEAT OF GOVERNMENT. of the House of Representatives : appointed by virtue of an act, entitled “An act for esI transmit to you a memorial of the Commissioners tablishing the temporary and permanent Seat of the Government of the United States," on the subject of the public buildings under their direction. Since locating a district for the permanent Seat of the Government of the United States, as heretofore announced to both Houses of Congress, I have accepted the grants of money and of land stated in the memorial of the Commissioners. I have directed the buildings therein mentioned to be commenced, on plans which I deemed consistent with the liberality of the grants and proper for the purposes intended. I have not been inattentive to this important busiI have ness intrusted by the Legislature to my care. viewed the resources placed in my hands, and obMr. MURRAY had but one idea to suggest, as it served the manner in which they have been applied: was unnecessary to go over the general policy, from the Commissioners; and one of them attends to the progress is pretty fully detailed in the memorial which had been amply stated by other gentle-give further information if required. In a case new There appeared to him two objects; first, and arduous, like the present, difficulties might natuthe securing the Indian friendship by a supply of rally be expected: some have occurred; but they are their wants; second, the supplanting the British in a great degree surmounted; and I have no doubt, if traders in their influence over the tribes whose the remaining resources are properly cherished, so as to hostilities might embarrass us. To the last ob- prevent the loss of property by hasty and numerous ject, therefore, the meditated mode of supply by sales, that all the buildings required for the accommopublic agency was peculiarly well adapted. The dation of the Government of the United States may Indians are now supplied by a great company be completed in season, without aid from the Federal long established, very wealthy, and possessing Treasury. The subject is therefore recommended to this influence, in which we must supplant them. the consideration of Congress, and the result will deWe are to consider whether, if private individuals termine the measures which I shall cause to be pursued are left to be the only competitors with the Can- with respect to the property remaining unsold. ada company, this influence and this trade will be transferred agreeably to sound policy. He thought they would not. Small capitalists, and adventurers young in this trade, would certainly prove unequal to a competition with so well established and rich a company as the Canada company. It was no uncommon thing for great companies, when they were apprehensive of what they would call interlopers, to crush all competition by making a voluntary sacrifice of a few thousand pounds sterling. By underselling, on a large scale, for a time, and even a certain loss, they secured them G. WASHINGTON. CHARLES WHITNEY. A letter was read from Charles Whitney, enclosing a petition. Mr. Whitney requested the House to hear the evidence of Colonel Silas Pepune, who is now in town, in his vindication. The letter was dated in prison. His creditors, alarmed by the proceedings of the House, have JANUARY, 1796.] Naval Armament-Survey of the Southern Coast. arrested him in jail, so that this affair has virtually ruined him. The letter and petition were ordered to lie on the table, and then the House adjourned to Monday. MONDAY, January 11. [H. OF R. the select committee on the memorial of Parker, Hopkins, and Meers. The report was dated the 29th of December last, and being on a subject of the highest consequence to the commercial interest of this country, the following abstract of the report is presented: "The coast not only of Georgia, but also of South Carolina, North Carolina, and Virginia, has never been The bill for establishing trading houses with the surveyed with the degree of accuracy which their imIndians was read. Mr. S. SMITH moved, as an amendment, to strike out the words "jurisdiction thereof." The motion was withdrawn to make room for another, suggested by Mr. BLOUNT. This was, that the engrossed bill should be referred to a Committee of the Whole House. It was accordingly made the order of the day for to-morrow. EXCISE DUTY UPON SNUFF. Mr. GOODHUE presented a petition from certain snuff-makers, in the State of Massachusetts. They complain of the hardship of laying on the excise upon the mortar. If an excise is necessary, they recommend that it should be transferred back again to the weight. The petition was referred to the Committee of Commerce and Manufactures. ARREARS FOR MILITARY SERVICES. Mr. GILES called up his motion, laid on the table a few days ago, relative to procuring from the proper officers an account of arrears, due by the United States for military services to individuals. It was referred to the Committee of Claims, to report on the practicability and expediency of the resolution. NAVAL ARMAMENT. Mr. W. SMITH observed to the House, that, in the law regarding the equipment of the six frigates, there was a clause directing that the building should be suspended, in case of a peace being concluded between this country and the Algerines. Mr. S. read the clause in the act. He had not yet formed his own opinion. He wished the sense of the House to be known. If it was thought better to sell the materials, there had been so great a rise in the price, that they could be disposed of at such a rate as to avoid any loss to the United States. If it was thought proper to lay the money aside, as a naval fund, Mr. S. read a number of resolutions, which he would probably submit to the House; in the present stage of the business they were premature. He now submitted to the House the following resolution: "Resolved, That a committee be appointed to prepare and bring in a bill to repeal the last section of the act, entitled An act to provide a Naval Armament." Mr. PARKER said, that the committee appointed on the state of the Naval Armament were in the daily expectation of getting information on the subject from the proper officers. He advised that any proceeding on it should not be had till after that was obtained. Ordered to lie on the table. SURVEY OF THE SOUTHERN COAST. On motion of Mr. MILLEDGE, the House went into a Committee of the Whole, on the report of 4th CON.-9 portance to the commerce and navigation of the United States demands. As to Georgia, in particular, whose harbors are numerous, and as yet very little known, few few have now become uncertain, from the shifting of observations have been made upon its coast, and those bars, banks, and channels. The committee are of opinion, that, to obtain accurate surveys and charts of those coasts and inland navigation, would be an object of national importance and general advantage. They find that the memorialists have undertaken, and made considerable progress in this useful work. The whole coast its harbors, rivers, and inland navigation, has been of Georgia, from St. Mary's to Savannah, inclusive, with completed by them with a degree of accuracy and skill, work to public patronage; and, although it is now ready as it appears to the committee, which will entitle their for engraving, they, having exhausted their resources, declare themselves unable to proceed without assistance. The sum which they require is three thousand dollars, able compensation for what they have done, and would which, together with the copy-right, would be a reasonenable them to prosecute their enterprise with prospects of bringing it to an early completion. The copy-right, as the committee think, ought to be a part of the compensation, because it would lessen the actual expense to the public, and operate as an inducement to the undertakers to make the work as perfect as possible. Though the committee conceive a high opinion of the capacity of the memorialists, and accuracy of their work, they will not pronounce them the most proper persons to be employed in an undertaking so useful and important, nor say what sum may be necessary to carry it into effect; they think it would be more advisable to leave the Executive, which will be disposed, no doubt, to give those points, uuder proper limitation, to the direction of the memorialists preference, which the committee are inclined to believe they merit, and which, after making the proper inquiries, will be enabled to estimate the sums requisite, and adopt such expedients as may tend to lessen the expense. The employment of the revenue cutters in that service, when not more usefully occupied, is one measure which the committee consider as highly proper: they therefore recommend the following resolution: 66 Resolved, That the President of the United States be requested to obtain, as soon as possible, complete and accurate charts, made out from actual survey and observation, of the seacoast, from the river St. Mary's, in Georgia, to Chesapeake Bay, inclusive, and that dollars be appropriated for that purpose." The SPEAKER and Mr. SWANWICK read each of them a motion for referring the subject generally to a committee. They wished to have the object of the motion extended. Mr. MILLEDGE thought that if the matter took this turn, it would clog the business. The committee report that the surveys have been made with accuracy, and he therefore recommended such measures as would lead to an early publica H. OF R.] Remission of Duties, &c.-William Tomkins, &c. [JANUARY, 1796. tion. He represented the dangerous state of navi- ed. He likewise thought the prayer of the petition gation on the coast of Georgia, where were many was inadmissible. Negatived. harbors totally undescribed. Mr. SWANWICK hoped that there would not be an opposition to a general reference. He would vote for a recommitment on that principle. Another member stated, that from Charleston to St. Mary's river, there are few or no charts; many ships are lost for want of them. He hoped that the motion for recommitment would not prevail. This motion passed. The Committee rose, and the Chairman reported. Mr. SWANWICK thought that the motion should be referred to the Committee of Commerce and Manufactures, which has some analogous subjects before it. This was agreed to. REMISSION OF DUTIES, &c. A report from the Committee of Claims, on the petitions of Wright White, John Devereaux, and William and Archibald McNeills, was taken up and considered. They severally requested remission of duties on certain articles which had paid them. One of these was for a cargo of salt destroyed, on the second of August last, in a storm. The committee were of opinion that there seems no reason for remissions of this kind, any more than of the price itself, with which the duties paid must be understood to be incorporated. The petitions of William Smith and Joshua Carter were of the same nature. The whole of these petitioners had leave granted to withdraw their petitions. In the case of Smith and Carter, the petitioners claim compensation for a vessel lost in consequence of having been misled by lights under the care of Government officers. It appeared that accident had destroyed one of the lights, and the principle established by this decision of the committee against the petition, determines that Government cannot be responsible in this way for even the negligence of the persons employed in the service of the light-houses. The committee, also, on the petition of Moses Myers, recommended that he should have leave to withdraw it. Mr. GOODHUE said that it involved certain important points. He therefore moved that it should be referred to the Committee of the Whole. Wednesday is appointed. WILLIAM TOMKINS. The report in the case of William Tomkins, of the county of Louisa, Virginia, was taken up, There had been a negative on this petition, during the last session, by a report from the Committee of Claims. Lieut. Robert Tomkins, brother to the petitioner, returned from the American Army with the small-pox. He infected the family. Henry Tomkins, the father, died, and his wife and children were reduced to distress. Mr. TRACY remarked that Robert Tomkins died in 1777, before any commutation was promised, and therefore he thought the claim incompetent. CALEB NEWBOLD. The report on the petition of Caleb Newbold, and others, was next read. The petition was for the price of a quantity of pork, taken in the late war, for the use of the American Army. The father of the petitioner had sued the State of Pennsylvania, and had been refused payment by a jury. The limitation act passed while this was first depending, so that time had been lost by an application in the wrong quarter, but not by negligence. On motion, by Mr. MASON, the petition was referred back to the present Committee of Claims. Mr. TRACY moved that such parts of the reports of the Committee of Claims, of this Congress, as have not been acted on, with the petitions and vouchers whereon they are founded, be referred back to the new committee. This was agreed to. JABEZ JOHNSON. A report on the petition of Jabez Johnson was taken up. He claimed payment for sixteen new four-pounder pieces. They had been, in 1775, removed from New York to King's Bridge, to prevent their falling into the hands of the British. The petitioner knew not what became of them afterwards. The report was unfavorable; but, on a motion by Mr. KITCHELL, the petition was referred back to the committee, because some new documents have appeared since the report was made. SAMUEL HENRY. The report on the petition of Samuel Henry was unfavorable, and the committee made such a report with the utmost reluctance and regret. He had been possessed of large property in Charlestown, when it was burnt by the British, at the battle of Bunker's Hill. He was reduced from affluence almost to want, and had, not long after, lost four sons in the war. The committee could not grant redress for property destroyed in this way, and the refusal of Mr. Henry's petition arose from the absolute necessity of adhering to some fixed rule. Multitudes of other persons were in the same situation; and it was, as Mr. SEDGWICK observed, beyond the power of this Government to satisfy such claims. Negatived. The House then adjourned. TUESDAY, January 12. A bill from the Senate to regulate proceedings in cases of outlawry was read a first time. By a special order of the House, it was read a second time-there being for a second reading 41 against 26. This was done, and the bill was referred to a Committee of the Whole on Monday. Mr. W. SMITH, from the Committee of Ways and Means, presented a report of appropriations and expenditures for the year 1796. The report was Mr. PARKER had known Mr. Tomkins, who read, and referred to a Committee of the Whole was an officer in the regiment that he command-House on Thursday. |