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TRIAL OF SAMUEL HOUSTON.

Mr. BEARDSLEY supported his motion by an argument drawn from the practice of courts f justice, and the received rules of evidence. Mr. C. ALLAN moved to amend the motion of Mr. BEARDSLEY, by striking out its latter clause.

Mr. McDUFFIE said, he was not in the habit of making such a motion as he should now make, but this measure was of such an extraordinary character that he must demand the yeas and nays.

Mr. DICKSON moved to postpone further

Mr. BEARDSLEY accepted the motion as a proceedings in the trial until 12 o'clock to-mor-
modification.

M. TAYLOR, observing that his colleague had argued one question, and pointed his motion to another, moved to amend it, by striking out the word "belief," and inserting, in lieu thereof, the word "evidence." Mr. T. denied that the witness had stated any belief; what he So that, if had begun to state, was evidence. the gentleman wanted to stop him, he should put the motion on its true ground.

Mr. THOMPSON, of Georgia, moved to lay the motion, as amended, upon the table.

The CHAIR pronounced it not to be in order, under the rules adopted by the House in relation to this trial, to receive such a motion.

Mr. STANBERY inquired what part of the testimony it was which the gentleman objected to?

row, in order to allow an opportunity for having
Mr. IRVIN remonstrated against the attempt
one of the rules of proceeding altered.
Mr. BURGES requested Mr. DICKSON to
to shackle the witness.
withdraw his motion.

Mr. DICKSON complied, and withdrew his
motion for postponement.

Mr. VINTON now moved to lay Mr. BEARDS-
LEY'S motion upon the table.

The CHAIR pronounced this motion not in
order.

Mr. VINTON appealed from that decision to
the House, on the ground that the motion of Mr.
BEARDSLEY did not come within the rules of
proceeding referred to by the Chair; when, af-
ter a rather brisk discussion on the point of or-
der, between Mr.VINTON and the SPEAKER,
Mr. BEARDSLEY withdrew his resolution.
After some discussion as to order, the amend-
The witness now proceeded, and, in the
ment of Mr. TAYLOR was rejected.
Mr. CRAIG offered an amendment, a copy of course of his testimony, produced an affidavit
which could not be obtained; but which was un-of Luther Blake, relating to certain conversa-
derstood to preclude all testimony relating to the tions between himself and the respondent,
touching bids for a contract for rations to the

fraud.

Mr. CARSON demanded the previous ques-emigrating Indians, in which the accused had proposed to him to buy up the bids of Prentiss tion, But the CHAIR decided that the motion and others, with a view to get the contract for themselves at a higher rate. could not be received under the rules.

Mr. CRAIG's amendment was rejected.
Mr. BATES, of Maine, moved to amend
the motion of Mr. BEARDSLEY, by adding to it
the words "but may be permitted to state any
facts going to prove it."

Mr. VANCE suggested a modification of the
amendment, by striking out the word "facts,"
and inserting, in lieu thereof, the words "evi-
dence he then had, or now has."

Mr. KEY objected to having this affidavit received, unless he might be permitted, first, to put certain questions to the witness as to the manner in which it had been taken.

The SPEAKER was about to put the question on granting this permission to the Counsel, when

Mr. ADAMS observed, that it was not competent for the counsel to put any such queries Mr. BATES accepted the modification, and to the witness. The question was, not whether the motion, as thus amended, was agreed to, in this affidavit was good evidence or not; it formed a part of the witness' answer, and, though it the following form:

"That the witness be precluded from stating might, in itself, be good for nothing, it was to his belief of fraud committed by Gen. Hous-be received as constituting a part of the testimoton, but may be permitted to state any evidence ny. The interrogatory required him to state what evidence he had, and the House had just he then had, or now has, going to prove it." Mr. BEARDSLEY was about to offer ano- determined that he should be permitted to give such evidence as he had, touching the question ther resolution, when The House would judge whether it Mr. SUTHERLAND objected to it as out of of fraud. The paper, therefore, must be reorder, inasmuch as the rules of proceeding re-ceived. quired that, when an objection had been dis- was good evidence or bad. The counsel had no cussed, and decided on, the examination of the right to put any question to the witness respectwitness should proceed.

The CHAIR sustained the objection.

ing it.

Mr. ADAMS was twice stopped by the Chair The witness then resumed his testimony; but under the apprehension that he was discussing a question not in order, but, on explanation, had said only a few words, when

Mr. BEARDSLEY moved his resolution, in was permitted to proceed. the following words:

Mr. KEY explained. He did not claim any "That the witness be precluded from giving right to ask the question he had referred to. evidence of any fraud committed by, or partici- His right was to object to the paper; and on pated in, by Samuel Houston; and which is not that right he must insist, unless liberty should in the printed speech of said witness imputed to be granted him to question the witness respecting it. The interrogatory had called for eviaid Houston."

dence, not for every thing which the witness FROM THE JOURNAL OF THE HOUSE. might suppose to be such.

Mr. SUTHERLAND inquired as to the right of the counsel to make this objection.

FRIDAY, APRIL 20.

The hour of 12 o'clock, meridian, having ar

The CHAIR replied that he had supposed rived, the counsel had a right to object to any evi- SAMUEL HOUSTON, accompanied by his Coundence he thought improper, and he had there-sel, was placed at the bar of the House, by order of the Speaker.

fore received the motion.

Mr. HUNGTINGTON inquired whether, if the counsel objected to any piece of evidence, the counsel alone could discuss the question? The CHAIR replied in the affirmative. From this decision, Mr. ADAMS took an appeal.

After some explanation from the SPEAKER, Mr. ADAMS insisted on his objection to the counsel being permitted to exclude the paper offered by the witness.

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The CHAIR required the counsel to put his objection in writing; which having been done, The CHAIR received the motion.

Mr. STANBERY requested that his testimony he gave the following explanatory testimony, delivered yesterday, be read-which being done,

viz :

test, and the whole of the next day, that I had "I believed during the evening of the conbeen knocked down by the club on the first the next day, and perceiving that the buttons or second blow; but on examining my waistcoat were some of them torn off, and my shirt, the bosom of which was torn, I began to doubt my first impressions, and was led to conclude that I might have been thrown down in the scuffle." The question recurred on granting permis sion to the accused to withdraw the interroga

Mr. DAVIS, of Massachusetts, inquired whether the objection was not open to the discus-tory propounded by his Counsel yesterday, to sion of all the House. Mr. STANBERY, and which is as follows:

The CHAIR, on farther reflection, decided that it was.

Mr. ADAMS withdrew his appeal.

"These remarks, thus published, impute a fraud to the accused. Had you then, or have you now, any, and what evidence of the corMr. ELLSWORTH, and Mr. COOKE, of rectness of such imputation?" and to substitute Ohio, opposed the Counsel's motion, insisting in lieu thereof another interrogatory, which is that even in an ordinary letter or parole informa- as follows: tion might be given in answer to the interrogatory, much more an affidavit.

Mr. H. EVERETT called for the reading of

the affidvavit.

Mr. KERR supported that motion. Mr. THOMPSON, of Georgia, strenuously opposed it.

a

tend to impute fraud to the accused in the stateDid you or did you not impute a fraud or inment of your remarks in the Intelligencer of

the 2d?

Which motion was subsequently withdrawn.

The question then recurred on the motion made by Mr. ARCHER, yesterday, and which mission to withdraw the interrogatory and subwas pending when the accused moved for perstitute another, as aforesaid; which motion is as

Mr. KENNON insisted that the witness had right to produce any paper which he considered as evidence in support of the charge of fraud follows: he had made. There was no need that the

paper should first be read, to settle that ques-ness as having sufficiently answered the interResolved, That the House consider the wit

tion.

The question being then put, Shall the paper now be read? it was decided in the affirmative; ayes 82, noes 71.

So the House ordered the affidavit to be read, and it was read at the Clerk's table accordingly.

The objection of Counsel was also read; and the question being, Shall this question be received?

Mr. VANCE demanded the

yeas and nays. Mr. KERR now moved to postpone further proceedings in the trial until 12 o'clock to

morrow.

rogatory propounded.

And after further debate thereon

Mr. ARCHER withdrew his said motion.

that the House do reconsider the vote taken A motion was then made by Mr. ALEXANDER yesterday, by which the said interrogatory was directed to be propounded to the Complainant, viz:

"These remarks, thus published, impute a fraud to the accused-Had you then, or have you now, any, and what evidence of the correctness of such imputation?"

And after debate,

Mr. L. CONDICT, with a view, as he said, to
cut off the unprofitable, and worse than un-of the members present-
profitable, discussion which had so long occu-
pied the morning of every day, moved to
amend the motion by substituting 11 o'clock,
which was agreed to.

STEWART, and being demanded by a majority
The previous question was moved by Mr.

So the trial was postponed until to-morrow at 11 o'clock.

The accused was conducted from the har, and the House adjourned.

Shall the main question be now put?
The said previous question was put, viz :-

And passed in the affirmative.

The said main question was then put, viz :Will the House reconsider the said vote?

And was decided in the negative.

WM. STANBERY was, at his request, excused from voting on this question, as well as on any

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as on

42

question which may arise in the hearing of the trial of SAMUEL HOUSTON.

WILLIAN STANBERY then proceeded further to testify as follows, in answer to said interroga

tory:

"That the witness be precluded from giving evidence of any fraud committed by, or, participated in, by Samuel Houston, and which is not in the printed speech of said witness imputed to said Houston."

From this decision Mr. VINTON appealed to the House.

And after debate on the appeal,

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Though in making the remarks referred to, I A motion was made by Mr. VINTON, that did not intend to impute fraud to Governor this motion be laid on the table; which moHouston, being a private individual whose resi- tion to lie on the table, the SPEAKER dedence was unknown to me, (I did not know cided, under the order adopted on the 17th he was in this city,) yet if I am called upon now instant, prescribing the mode of proceeding in to express an opinion whether he be guilty of the case, in hearing, was not in order. fraud or not-[Here exception was taken to the relevancy of the testimony: when Mr. S. resumed, he said,*] I would not be understood by what I stated, as acquitting Governor Hous- Mr. BEARDSLEY withdrew his said motion. ton of participation in this fraud. He was a And WILLIAM STANBERY then again proprivate citizen unknown to me, and I had no ob- ceeded to testify as follows: ject in bringing his character in question. But -not only for the supply of rations to such if I was called upon to express an opinion, I Indians as had already emigrated, but for the should say that I did believe at the time I made supply of rations for all those who might emithe remarks, and do now, that Governor Hous-grate after the passage of the Indian Bill then ton did participate in the attempted fraud. I before this House, and which would require an shall state the evidence that I had of his parti- expenditure of several millions of dollars. The cipating in it. I was a member of this House advertisement was so framed as to conceal from in 1830, at the time the proposals for making the public the importance of the proposed conthe contract for Indian rations were published tract. By the advertisement, the proposals in the Intelligencer and the Telegraph at this were to be received in so short a time after the place. I had a knowledge that such adver- publication that the people in the western tisement was published. I was informed that country could have no opportunity of making the object of the proposals was to invite a con-proposals, even if the importance of it had been set forth in the advertisements. These adver

tract.

At this stage of the testimony, the witness tisements were printed about the time that Go-
was stopped by Mr. BEARDSLEY, who then vernor Houston was in this city. He was un-
moved the following:
derstood to be a man of broken fortunes and
"That the witness be precluded from stating blasted reputation. It was nevertheless believed
his belief of any fraud committed by Governor that the President entertained friendly feelings
Houston, or in which he participated."
towards him; but that, in consequence of his
A motion was made by Mr. TAYLOR to amend bad reputation, the President could not openly
the motion by striking out the word "belief," reward him, or nominate him to any office of
and inserting the word "evidence," which be- honor or emolument. I understood that Gov.
ing disgreed to-
Houston was an applicant for this contract, and
A motion was made by Mr. CRAIG, to amend that one of the objects of his visit to this city
the said motion, by striking out after the word was to obtain this contract. I saw, by the
"that," and inserting the following: "The terms of the proposals that no individual, not
witness be precluded in his response to the inter- favored by the Head of the Department, or the
regatory last put, from stating any facts tending President, could make any considerable sum of
to fix fraud upon the accused, or upon any other money by it, as by the terms of the advertise-
person."
ment for proposals, the right was reserved to
And, on the question to agree to this amend- the Secretary of War to enlarge or alter the
ment,
quantity of rations to be issued, and the right
It passed in the negative.
also of continuing the contract to any period of
A motion was then made by Mr. BATES, of time that he might think proper, and to termi-
Massachusetts, to amend the said motion by nate it at pleasure when any of the conditions
adding thereto the following, viz: "but may of it should be broken. I had heard of the pro-
be permitted to state any evidence which he posals which Mr. Prentiss had made. I heard
then had or now has tending to prove it." from Mr. Prentiss himself of his application, and
And on the question to agree to this amend- the difficulties that he met with. From the
ment, it passed in the affirmative.
facts and circumstances which I have related, I

As thus amended the said motion is as follows: was led to believe, at the time, that there was
"That the witness be precluded from stating an arrangement between the Secretary of War
his belief of any fraud committed by Governor and Governor Houston, at the time these adver-
Houston, or in which he participated, but may tisements were prepared, which was designed
be permitted to state any evidence which he to give to Governor Houston the contract for
then had or now has tending to prove it."

And on the question to agree to the said mo
tion as amended, it passed in the affirmative.
Another motion was then made by Mr.
BEARDSLEY:

the supply of these rations at a greater price
than others would have supplied them for. A
knowledge of this transaction induced me o
oppose the Indian bill. I had other objections
to that measure, but, the belief that the passage

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of the bill would give occasion to numerous MONDAY; APRIL 23. frauds of a similar character, was one of the In the Senate, on Friday, the President comstrong objections I had against it. I mentioned municated a report from the Post Office Dethese objections which I had, before the pas-portment, showing the contracts of that departsage of the bill, to several of my friends. The ment for the past year; also, a statement from evidence I have now, that Governor Houston the Treasury Department, showing the emolu. was concerned in the proposed contract, is the ments of the offices of the customs for the year deposition of Luther Blake, taken before a ma- 1831. A message was received from the Pregistrate in this city, which I ask may be read by sident of the United States, transmitting, in the clerk. compliance with a resolution of the Senate, ad[Mr. STANBERY then handed in a paper at the ditional correspondence with the British goclerk's table.] vernment, relative to the colonial trade. Mr. The accused, by his counsel, objected to the CHAMBERS, from the Committee on the District paper produced by the witness, and called a de- of Columbia, reported several bills relating to position, as not being evidence until shown how the District, without amendment. Mr. TIPTON

taken.

The reading of the said paper or deposition was called for by Mr. HORACE EVERETT, and the reading being objected to by a member, The question was put-shall the paper be

read?

And passed in the affirmative.

The said paper was then read, and is as follows:

presented the memorial of the General Assembly of Indiana, praying to be permitted to change the application of a donation of Congress for the Indina Canal, to the improvement of the navigation of the Miami ¡iver, which, after some remarks, in explanation, from Mr. TIPTON, was referred to the Committee on Roads and Canals. After the transaction of the usual morning's business, the appropriation bill "I, Luther Blake, of Arkansas Territory, be- was taken up, and the question, still pending, ing duly sworn, do depose and say, that on the with regard to the appropriation for minister to 21st day of March, 1830, as I was coming out of France, was debated until the Senate adjournthe War Office, in Washington, Governor Sa-e. Messrs. CHAMBERS, SMITH, CLAYTON, muel Houston accosted me, and alluded to cer- HAYNE, FORSYTH, WEBSTER, and MILLER, tain bids that had been made to supply the go- engaged in a very interesting and animated devernment with rations to the emigrating Indians, bate. The question was not taken when the of which bids I had then put in the lowest. Go-Senate adjourned.

vernor Houston having apparently made himself In the House of Representatives, Mr. MILacquainted with the amount of the different LIGAN presented a petition from citizens of bids, informed he that he had not put in a bid Wilmington, Delaware, praying for the estain his own name, but had entered several in the blishment of a custom house in that city, which name of other persons, of which he had the was referred to the Committee on Commerce. control. My bid was at eight cents per ration, The consideration was resumed of the charges and he, the said Houston, proposed to me that against the Collector of Wiscasset, and Mr. I should withdraw my bid, and buy up those of PLUMMER continued his remarks in favor of the William Prentiss, and David Butler, jun., and report of the Committee on the Judiciary, until that I should then join with him and his friend, the expiration of the hour. The House then (whom he did not name,) who was concerned proceeded to the trial of General Houston, for with him in a contract which might be secured a breach of privilege, and the accused was conat a much higher rate than the bids of either ducted to the bar by the Sergeant-at-Arms. mine, Prentiss, or Butler, and that thereby we The question was again discussed as to the might secure an independent fortune; and until putting of a certain interrogatory propounded the 24th of March, 1820, each day successively to Mr. Stanbery on the preceding day, by the inquired of me, to know if I had succeeded in counsel for the accused, and a motion was made purchasing the bids of Prentiss and Butler.

"LUTHER BLAKE.

"Subscribed and sworn to before

"D. A. HALL, Justice of Peace."

for the reconsideration of the vote by which it had been ordered. The motion, however, was negatived upon a division of yeas and nays. The examination was then proceeded in, but was interrupted at various times by discussing

And the question was stated-shall the said on the nature of the testimony given, and its paper or deposition be received?

And pending this question, it was, On motion of Mr. LEWIS CONDICT, Ordered, That the further hearing of the case be postponed until 11 o'clock, A. M. to-morrow; when Samuel Houston was remanded into the custody of the Sergeant-at-Arms, and was conducted from the bar.

And the House adjourned until to-morrow, 11 o'clock, A. M.

relevancy to the case under consideration.
The Senate did not sit on Saturday.
The House of Representatives assembled at
eleven o'clock, and the usual morning business
was laid aside, in conformity with the vote of
the preceding day, for the purpose of proceed.
ing with the trial of Mr. Houston, for breach
of privilege. The House sat till four o'clock,
and considerable progress was made in the
trial. The examination of Mr. Stanbery was
resumed and concluded; and General VANCE Of

[Those words with brackets are not upon Ohio, and Colonel CAVE JOHNSON, of Tennessee, the Journal, but are inserted by the copyist.]

were afterwards respectively sworn in their

5

Before the rising of the House, the time for the Bank Committee to report the result of the recent investigation at Philadelphia, was extended to the prsent week, about the middle, or towards the end of which, the report may be expected.

TUESDAY, APRIL 24.

places in the House, and interrogated. Before, charges, and after some remarks from EVANS, however, the examination of the latter was of Maine, Mr. PLUMMER resumed his argument brought to a close, the further prosecution of in favor of referring the subject to the Treasury the case was postponed till twelve o'clock this Department. On the expiration of the hour, day. the House proceeded to the trial of General Houston. The accused was conducted to the bar, attended, as before, by the Sergeant-atArms, and by his counsel, Mr. F. S. Key. The testimony delivered, on Saturday by Colonel CAVE JOHNSON, of Tennessee, was read over, and that gentleman was further examined by the counsel for the accused, and by various members of the House, as to the feelings mani. In the Senate, yesterday, two messages were fested, and the language used by General Hous received from the President of the United States ton, on the subject of the remarks of Mr. Stan-one, transmitting a report from the Secretary bery, and the circumstances attending the deof State, recommending the passage of a law livery of the note from the accused to the latter. making it penal to counterfeit the foreign coins At the request of the counsel for the accusin circulation; and the other, transmitting a re-ed, Mr. Senator GRUNDY was then sworn and port from the Secretary of the Treasury, in re-examined. He stated that Gen. Houston had lation to the public lands, prepared in obedi- been at his (Mr. G.'s) room, on the evening on ence to the resolution of the 26th March last. which the assault took place; and that he was The motion of Mr. HENDRICKS for the reconsi- engaged in a light and pleasant conversation deration of the vote, on ordering the bill provi- with himself, (Mr. G.,) Mr. BUCKNER, and Mr. ding for extending the means of vaccination to BLAIR; in the course of which Mr. H. related the Indians to its third reading, was taken up, some amusing anecdotes, until within a few and the vote was reconsidered. Mr. FRELING- minutes previous to its occurrence. He spoke, HUYSEN then submitted an amendment, which also, as to the impression which prevailed, that was adopted after a short debate; and, on mo- Mr. Houston was disabled in the right arm from tion of Mr. GRUNDY, the bill was recommitted, the effects of a wound received in battle. with instructions, to the Committee on Indian Mr. Senator BUCKNER was next sworn and Affairs. The morning's business having been examined. He stated the circumstances atconcluded, the consideration of the appropria- tending the conversation as related by Mr. tion bill was resumed, and the debate of Friday GRUNDY; and said that, afterwards, as he was was continued by Messrs. MILLER, CLAYTON, standing at the door of the boarding-house with TILER, CLAY, SMITH, HOLMES, KING, BIBB, Mr. BLAIR, Gov. H. took each of them by an SPRAGUE, and FORSYTH. On taking the ques- arm, and they walked up the Avenue. They tion, the amendment made in Committee of the continued their light conversation, and proceed Whole was concurred in-yeas, 23-nays, 2 ed as far as the street leading to the City Hall, So the appropriation of $9,000, for the outfit of when Mr. H. said, in reply to an invitation of a minister to France, was striken out of the bill. Mr. BLAIR, to return, that he had company at After adopting some amendments, and reject- home and could not go. Mr. BLAIR retired. ing others, the Senate adjourned. He (Mr. BUCKNER) was conversing with Mr. Iu the House of Representatives, a message Houston, and asking him a question, when Mr. was received from the President from the United STANBERY appeared, crossing the street. States, transmitting a report of the Secretary H. did not reply to Mr. B.'s question; but on of State, suggesting the propriety of passing a Mr. S. placing his foot on the pavement, he was law making it criminal to counterfeit, within the asked by Mr. H. if that was Mr. Stanbery? Mr. limits of the United States, the coins of foreign S. replied, very politely, with a bow, yes, Sir; nations. On the motion of Mr. ELLSWORTH, and with that, Mr. Houston, with an oath, callit was referred to the Committee on the Judi- ed him a rascal, and struck him. Mr. BUCKcary. A variety of petitions and memorials NER proceeded to detail the further circumstanwere afterwards presented. Mr. PEARCE sub- ces attending the assault. He was further intermitted a resolution on the subject of the re- rogated by members of the House; after which, cent arrest of Dr. Samuel G. Howe, by the Dr. Hall was sworn and examined, as to the authorities of the kingdom of Prussia. Mr. handwriting of the affidavit of Mr. Luther DRAYTON offered a resolution providing for the Blake, which he stated to be, according to his embodying into one act, by the Secretary of belief, Mr. Prentiss's; and also, in relation to War, all the various laws on the subject of the the moral character of Mr. Blake. army, which was laid on the table one day. Mr. Senator TIPTON, of Indiana, was next Resolutions were presented also by Mr. Dux-examined, and gave evidence on the subject of CAN, Mr. SLADE, and Mr. MARDIS; and Mr. the' statement made in his room, as to the ru BULLARD laid before the House certain resolu- mor of a challenge from Mr. Houston to Mr. tions of the legislature of Louisiana, on the sub- STANBERY, and an alleged threat of the accusject of the renewal of the bank charter, and the ed to cane or whip the latter. construction of a ship channel from New Orleans

Mr.

Mr. William P. Shaw was then sworn and

to the Gulf of Mexico. The House then took examined with reference to the circunstances up the report on the case of the Wiscasset attending Mr. Blake's departure from the city.

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