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H. OF R.]

Breach of Privilege.

[FEBRUARY, 1798.

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the enemy that night. Being fatigued, and off duty, I which it has slept in oblivion, until party rage and had laid down to rest, with my fuzee in my arms. party newspapers tore open the wound in my breast. About nine o'clock in the evening, I heard a violent To pursue the narrative: General St. Clair, who bustle, with a cry of " Turn out! turn out!" I turned presided at the Court Martial, which condemned me, out, and inquired wher the enemy were discovered ? in the Summer succeeding that misfortune, recomand was answered, “No where.” The soldiers were mended me to Gen. Schuyler, informing him (as I supparaded, and I found by what was said by the sergeants posed) of my ill usage and of my subsequent services, that they were about to march off and cross the river. and obtained for me a commission of Paymaster to a I expostulated with them, long and earnestly, pointing Continental regiment commanded by Colonel Seth out the dishonor which such an action would reflect on Warner, which commission entitled me to the rank of their country. I urged them to stay the event of a Captain. In this I was again unfortunately led into battle; and I spoke the truth when I assured them that trouble, as the officers of the regiment had, previous to I preferred death in battle to the dishonor of quitting my appointment, petitioned Congress for the restora. our post.

tion of the former Paymaster, who had been cashiered, All entreaties were ineffectual; they declared they and was the son of a Congressman of Connecticut. had been abused—there was no chance for their lives Notwithstanding the coldness this created towards there, and they marched off for the south side of the me, and the consequent bickerings, no officer ever river. A sergeant returned with some soldiers, and thought proper to mention to me the unhappy affair of called upon the officers to cross the river. As they the preceding Summer. In this regiment I served at were going to take the canoe to the other side, they in the capture of Burgoyne; and the succeeding Spring, sisted on our going, and threatened violence if we re- when my family could return to my plantation, from fused. The other officers, which were two Captains which Burgoyne's invasion had drove them, at the soand one Lieutenant, seemed willing to go, and I did licitation of Governor Chittenden, and many other not think it my duty to resist alone.

friends, I resigned at a time when the officers of the In the morning, the soldiers offered to return to sub-regiment, almost all, had become reconciled, and wished ordination, if the commanding officer would lead them my stay. Immediately on my resignation I was apto a small block fort at Newhaven, about thirty miles pointed Captain in the militia, and to several civil to the southward. The officers held a consultation ;

-offices under the authority of the State of Vermont, in this I refused to do anything but go back to the which had newly formed a constitution and set up station we were ordered to maintain. We were at government. this place joined by a Lieutenant and a few men, In the year 1778, I was appointed a member of the who had gone to the mill near Crown Point to get Legislature, in which station I served my country ever wheat ground, and I was sent express to head-quar- since, save two years, until my appointment to Conters, to carry letters and inform the General of what gress. I held a station in the militia, until the comhad happened; but some of the wheat speculators had mand of the regiment I lived in, with a full Colonel's arrived before me, and so exasperated the General commission, was given to me. I moved to where I that, when I arrived, he was enraged to the highest now reside about the close of the war, and I have had pitch: he swore we should all be hanged, and ordered no concern with military matters, nor been a candidate me under arrest. Within a few days, the other offi- for any military appointment since. cers and some of the soldiers were brought into head- Thus circumstanced, gentlemen of the committee, I quarters. We had a trial, by a court martial, ap- must appeal to your own feelings, whether it belonged pointed by the exasperated General, who now swore to me to receive with impunity the aggravated insult we should all be broke. I proved every thing with offered me by that young gentleman, Mr. Griswold. respect to myself that is here stated, (the persons are The station I now hold points out to you the propriety yet alive by whom I proved it, and are ready to of giving full credit to the plain story I now tell you, repeat it,) notwithstanding which, I was included in especially as it is corroborated by evidence. The proper the general sentence of cashiering ; nor did even the testimony to support this narrative I will procure and Lieutenant who was absent at the mill escape the lay before the public as soon as the situation of the eviawful condemnation. The soldiers were sentenced to dences will admit. corporeal punishment, but, on General Carlton's com- I shall conclude with making some observations on ing down to attack Ticonderoga, they were liberated. the testimony, all of which corroborates that I was stand

The mortification of being cashiered, and that very ing without the bar conversing with the Speaker, who undeservedly, without any other aggravation, was, I sat on an outside chair ; the subject I believe it is apbelieve, quite to the extent of my power to bear; had parent was Mr. Nicholas's motion. I did not like the any indignant ceremony been to be performed, they opposition given to it by the Connecticut members. I would not have had my company at it, as the imple- insisted they did not act according to the sense and unments of death were in my power.

derstanding of the people of that State. This led to The General sent for us to his own house, and there, saying many other things; though my discourse was in a mild manner, communicated to us the sentence— directed to the Speaker, it appears I had the wit and no one present I believe but his aid; and we took our raillery of five or six gentlemen from New York and own time and manner of quitting Ticonderoga. I Connecticut to withstand and reply to; it appears that have always understood he reversed the sentence. I supported it with good humor.

Perhaps my spirit would not have been able to have It appears, also, by the testimony, that Mr. Griswold, borne up under this affliction had not all my acquaint- in Mr. Harper's seat, gave me a most cutting insult. ances acquitted me of every color of misbehaviour; nor The Speaker, who I was in conversation with, heard it as did the bitterest enemy ever seriously, between he and well as some others; they testify that I did not apme, before the present insult, call my courage or my pear to hear it. Why not hear it as well as they? conduct in that instance in question. Twenty-one For no other reason than to keep up the prevailing years have elapsed since the unfortuuate affair, during good humor.

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FEBRUARY, 1798.]

Appropriations for 1798.

(H. OF R.

year 1798,

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But Mr. Griswold not satisfied with the insult al.

APPROPRIATIONS FOR 1798. ready given, says to one of the witnesses, “He does not hear me," and removes and intrudes himself to my was the unfinished business of the bill providing

The SPEAKER said, the business first in order side, pulls me by the arm to call my attention, and then for our intercourse with foreign nations. more particularly and more deliberately repeats the insult, knowing it to be the most provoking abuse that

Mr. Gallatin moved to postpone the unfinished one gentleman could possibly offer another.

business, for the purpose of taking up the bill maUnder all these circumstances, I cannot but en

king appropriations for the support of Government tertain the fullest assurance that I stand justified for for the year 1798, as Government was at preseut the repulse of that deliberate insult offered me by Mr. drawing money by way of anticipation. There Griswold, in the view of the Committee of the House was also a report of the Committee of Claims, on of Representatives, and of every man of honor or feel the subject of excepting certain claims from the ing who shall ever hear the story.

operation of the limitation act, which he thought

it would be well soon to act upon, as the delay of TUESDAY, February 13.

it might induce speculations which it would be

better to prevent. A message was received from the Senate, in- After some few objections to a postponement of forming the House that they had passed a bill for the unfinished business, it was at length agreed to the sale of lands in the Northwestern Territory; postpone it for the purpose of taking up the

approand that they had also passed the bill for the relief priation bill. of the refugees from Canada and Nova Scotia, The House accordingly resolved itself into a with amendments.

Committee of the Whole on the bill appropriating Mr. Coit reported a bill in addition to an act for the support of Government for the for promoting the progress of the useful arts; (Mr. Dent in the Chair ;) and after having agreed which was committed for Monday next.

to the various items therein contained, with little The Speaker laid before the House a letter or no debate, the committee rose, and the House which had been received by the Clerk from the concurred in the amendments which had been Legislature of the State of Virginia, enclosing an agreed to in the Committee of the Whole, and the authorized copy of their agreement io the amend- bill was ordered to be engrossed for a third readment proposed to the Constitution respecting the ing. suability of States. Ordered to lie on the table.

QUAKERS' MEMORIAL.
FOREIGN CONSULS.

Mr. SITGREAVES hoped the House would go into Mr. Otis, from the committee to whom was a Committee of the Whole on the report of a select referred that part of the President's Speech which committee on the memorial of the people called has relation to foreign Consuls, directed him to Quakers. ask leave to be discharged from the consideration Mr. Rutledge wished this subject might be of that subject, in order that it might be referred deferred till 10-morrow, as he thought it would be to the Committee of the Whole, to whom has proper to introduce an amendment into the report, been referred the bill providing for the expenses which he was not at that time prepared to make. of Government for the year 1798, as an item could

Mr. SitgREAVEs consented. be introduced into that bill without going through

RULES OF THE HOUSE. the formalities of a bill for that purpose. This motion was opposed by Messrs. GALLATIN

Mr. Coit thought it was desirable to introduce and Nicholas, as they were not certain that the an amendment to the standing rules and orders of expenses alluded to were authorized by law; and the House. For this purpose, he proposed the folif they were not, it would be proper to authorize lowing resolution : the expenses before they appropriated money to

Resolved, That the following be added to the standpay them.

ing rules and orders of this House : • That no question The motion was put and negatived—37 10 33. shall be taken up for reconsideration when there shall EXECUTIVE CONTINGENT FUND.

be a smaller number of members present than were

present when the original vote was passed.'”. The following Message was received from the PRESIDENT OF THE UNITED STATES:

Agreed to, and referred to a committee of five

members. Gentlemen of the Senate, and

OLIVER POLLOCK. Gentlemen of the House of Representatives : Mr. D. Foster called for the order of the day In obedience to the law, I now present to both Houses on the bill for the relief of Oliver Pollock; which, of Congress my annual account of expenditures from being agreed to, the contingent fund during the year 1797, by which it The House resolved itself into a Committee of appears that, on the first day of January last, there re- the Whole on this bill, and, after some debate, it mained in the Treasury a balance of fifteen thousand was negatived-35 to 24. four hundred and ninety-four dollars and twenty-four The committee rose, when a motion was made cents, subject to future dispositions of Government.

to postpone the further consideration of this bill; JOHN ADAMS.

which motion not appearing to be very acceptaUnited States, February 12, 1798.

ble, another motion was made to adjourn, which The Message and statement were ordered to lie was carried by the casting vote of the Speakeron the table.

there being 37 to 37.

H. OF R.]

Quakers Memorial.

[FEBRUARY, 1798.

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Wednesday, February 14.

gress has been made in carrying the act into effect The bill making appropriations for the support

for the sale of land northwest of the river Ohio, of Government for the year 1798, and for other and whether any amendments are necessary in purposes, was read the third time and passed.

the said act, particularly as to the price of the The amendments of the Senate to the bill for land. He believed there was little probability of the relief of the refugees from Canada and Nova the land selling at the price which had been Scotia were taken up and referred to a select com- fixed, and persons who might become purchasers mittee.

if the price was reasonable, were now moving off Mr. Otis, from the committee to whom wa

to the Spanish Territory. He thought it would referred that part of the Speech of the President of be well to prevent this, and therefore moved this the United States which relates to the reimburse-instruction. It was agreed 10. ment of certain advances made by Consuls in for

QUAKERS' MEMORIAL. eign countries, made a report, stating that it was supposed $30,000 would be sufficient for this object,

Mr. Sirgreaves moved the order of the day and recommended the adoption of a resolution for on the report of a select committee on the memoeffecting the measure, which was committed for rial of the people called Quakers; which motion Friday

being agreed to, the House went into a CommitMr. Harper, from the Committee of Ways and tee of the Whole on the subject, Mr. Dent in the Means, who had been instructed to inquire whe-Chair. The report having been read as follows: ther any and what alterations are necessary in the “ That, inasmuch as the said memorial and address law respecting the entry of stills, was directed 10 presents, in general terms only, certain subjects to the make a report on the subject. The report was

consideration of the Legislature, without containing accompanied by a bill making an alteration in the any definite state of facts, or any specific application manner of making the entry of stills, by doing exhibit a particular view of the grievances of which

for its interposition, the memorialists were desired to away with ihe annual entry after the 1st of July they complained, in order that the attention of the next, and requiring, that after a still has been once House might be directed to precise objects, and that it entered, it shall be again entered only in case of might be better discerned whether the complaints of removal. This report and bill were committed the memorialists were of a nature to justify Legislafor Monday.

tive interference: Mr. HARPER, from the same committee, to whom “ That, in consequence of this request, the memoit had been referred to inquire whether any and rialists laid before the committee the representation and what alterations are necessary in the act laying a documents which accompany this report : duty on stamped vellum, parchment, and paper, “ That, on the subject of this representation, the was directed to make a further report, recommend memorialists were invited to confer with the committee, ing that a deduction of 7} per cent. should be and were solicited to suggest the remedy which they allowed to all purchasers of stamps (except col- conceived it to be in the power of Congress to apply to lectors of revenue) above the value of twenty

the case, as stated by them : dollars, and that a certain deduction should be the memorialists, and an attentive consideration of the

“ That the committee, after several conferences with retained by the collectors of the impost duty, from subject, are very clearly of opinion that the facts disdrawbacks on goods exported, instead of the stamp closed in the said representation are exclusively of judi. duty proposed to be laid, which it was stated would cial cognizance; and that it is not competent to the fall very unequally, according to the scale pro- Legislative authority of Congress to do any act in relaposed in the law. A bill was reported, at the same tion to the matter thereof : time, making these alterations in the law. The “Wherefore the committee recommend the following report and bill were committed for Monday. resolution :

Mr. Harper proposed to add the following Resolved, That the memorialists have leave to regulation to the standing rules and orders of the withdraw the said memorial and address.” House, viz:

Mr. Thatcher could not say that he was perfect“ Resolved, That the standing rules and orders of the ly satisfied with the report of the committee in all House be amended by inserting after the rules respect-iis parts. He wished the business disposed of withing motions for adjournment, • Provided, that no motion out coming to any decisive resolution upon it, so as for adjournment shall be received, except by unanimous either to approve or disapprove of it. He was not consent, whilst any other motion is pending.'”

ready to say that the facts disclosed in that memoOrdered to lie on the table.

rial were exclusively of judicial coguizance, and The bill from the Senate for the sale of land that the Legislature of the Union was incompetent between the Great and Little Miami, in the terri- to do anything in it. It might, however, be true, but tory northwest of the river Ohio, was also taken it was not clear to him. He would rather that up and committed for Monday.

the subject should not now be acted upon: be Mr. Nicholas wished, as in some degree con- would, therefore, propose an amendment to the nected with this subject, to present a petition from report, which might conclude the business witha puruber of persons settled near the mouth of the out coming to any resolution upon it, which had Kentucky river, who wished to purchase the been the course heretofore taken with similar same, which would be proper to be referred to the applications. He moved, therefore, to strike out same committee. He wished also to move an the resolution giving the petitioners leave to withinstruction to the committee, to inquire what pro-draw their petition, and if his motion was agreed

W

FEBRUARY, 1798.]

Fracas in the House.

[H. OF R.

a

to, he should wish the committee to rise, and that Some objections were urged to this amendment, the House would not act further upon it at as it was apprehended, from its comprehensivepresent.

ness, it might endanger the passage of the bill, as Mr. Rutledge said, he, as well as the genule- the Senate had rejected a former bill of this kind. man from Massachusetts, was dissatisfied with The committee rose without coming to any decithe report of the select committee. He thought sion, and had leave to sit again. the report ought to have stated that the peace of certain States in the Union had been much dis

THURSDAY, February 15. turbed by applications of this kind. He had pre

FRACAS IN THE HOUSE. pared a resolution to this effect, which he would read in his place. It was as follows:

[About a quarter past eleven o'clock, after Resolved, That part of the memorial of the people prayers, whilst the SPEAKER was in his 'Chair, called Quakers has a tendency to disturb the tranquillity and many members in their places, but before the of some of the States of the Union ; that this House House had been called to order, and before the is not competent to act upon it, and therefore they have Journal had been read, Mr. Griswold entered the leave to withdraw their memorial.”

House, and observing Mr. Lyon in his place (who There could be little difference of opinion on

was writing) he went up to him with a pretty the assertion that the internal tranquillity of seve

strong walking stick in his hand, with which he ral States had been disturbed by these applica- lence. Mr. G.'s approach was observed by Mr.

immediately began to beat him with great viotions; and he believed there would be no difficulty Lyon, but before he could get from behind his in obtaining a majority of the House to declare it; desk he had received some severe blows. As soon as if the Representatives of three or four States were to rise and declare the fact, it must have

as he got on the floor of the House he endeavored sufficient weight to carry a declaration of this to lay hold of Mr. G. (having no stick or weapon kind. He had, however, mentioned the matter to by Mr. G.'s falling back, and the continual blows

in his hand) but he was prevented from doing so some of his friends, and found it was not very

w which agreeable to them, as they wished to get rid of behind the Speaker's chair, Mr. L. snatched up

was assailed. At length getting the business without debate. But if the present the tongs from the fire; the combatants then closed motion were to obtain, he should afterwards and came down together upon the floor, Mr. G. bring forward this resolution. The Chairman declared the motion of the gen- who till now seemed to look on with amazement

being uppermost. The members in the House, tleman from Massachusetts out of order. The question on the resolution, as reported, was

at the scene, without an attempt to put an end to put and carried, there being 74 votes in the affirm- it, got round the parties, and separated them, but ative. The committee then rose, and the House head with the tongs, but which he parried off.

not before Mr. L. had aimed a blow at Mr. Go's concurred in the report.

The SPEAKER was now called upon to desire the FRANKING PRIVILEGE.

members to take their seats, and form the House. On motion of Mr. Thatcher, the House went Whilst this was doing, the two enraged members into a Committee of the Whole on the bill grant- met again without the bar, and but for the dooring the right of franking to the Attorney General. keeper and some gentlemen present, would have

Mr. Harper moved io amend the bill by add- renewed the combat. Order having been obtained ing, “ and the officer commanding the troops of (at least as much as it was possible to obtain from the United States," which was agreed to.

the agitated state of the House) the Clerk proThe committee rose, the House agreed to the ceeded to read the Journal, and the business of amendment, and the bill was ordered to be en- the day was entered upon. It continued till one grossed for a third reading.

o'clock, when from the perturbation which was RELIEF OF WIDOWS AND ORPHANS.

naturally occasioned by such a scene, and it being

| evident that business was very little attended to On motion of Mr. Gregg, the House went into : by a great part of the House, a motion for an ada Committee of the Whole on the report of the journment was made and carried. It will be seen Committee of Claims on the subject of making that no notice was taken of this proceeding in the provision for the widows and orphan children of course of the sitting.) the officers of the Army of the United States, who The bill granting the right of franking letters to were killed in an action with the Indians, in the the Attorney General and the officer commandterritory northwest of the Ohio, on the 4th of ing the troops of the United States, was read the November, 1791. The report was favorable. third time and passed.

Mr. Davis moved to amend the report by add- The House again resolved itself into a Coming “militia officers.” He thought it was only mittee of the Whole on the report of the Comreasonable that an allowance should be made to mittee of Claims, on the subject of extending the the widows and orphans of militia officers, as well provisions allowed to the widows and orphans of as to those of the officers of the Army. The Ken- certain officers of the Army of the United States, tucky militia were out on that expedition, and to the widows and orphans of those who were several officers were killed.

killed in action with the Indians in the Territory Mr. D. Foster proposed to make the provision northwest of the Ohio, on the 4th of November, general, and to go back to the 4th of March, 1789. 1791; when the proposition made yesterday for

H. OF R.)
Case of Griswold and Lyon.

[February, 1798. extending the provision to the widows and or- The motion for adjournment was persisted in, phans of all officers who have died in the service, and negatived, there being only 23 votes in favor which are not at present provided for, was agreed of it. to.

AMENDMENT OF RULES. The committee rose, the House concurred in the amendment, and the Committee of Claims

Mr. Dawson then proposed a resolution to the was directed to bring in a bill accordingly.

following effect, which he wished to be referred to Mr. Livingston said, the delegates from the the committee appointed to consider upon the State of New York had received instructions propriety of making certain amendments in the from the Legislature of that State, to use their en- Standing Rules and Orders of the House: deavors to get removed a difficulty which existed

Resolved, That the Standing Rules and Orders of in a suit now pending, in which there was a this House be amended, by adding to them a provision, clashing of jurisdiction between the States of that persons attending this House to take down its deNew York and Connecticut. In order to remove bates and proceedings, for the purpose of publication, this difficulty, and others of a similar nature, in shall be permitted to take their places within the bar

of the House.” future, he proposed a resolution to the following effect:

The SPEAKER said, he would state to the House Resolved, That provision ought to be made, by law, that this was now the case, except as to one perallowing the trial of all cases in which one or more

son, who had abused the privilege, and insulted States may be interested, by a jury to be taken from a

the Speaker of the House. State not interested in such suit or suits."

The resolution was ordered to lie upon the

table. Which was ordered to lie on the table.

The SPEAKER announced that the unfinished business of the bill providing the means of foreign

FRIDAY, February 16. intercourse, was first in order.

CASE OF GRISWOLD AND LYON. Mr. Dent moved 10 postpone the consideration of that subject until Monday, as, from the ap

Immediately upon the Journals having been

read, pearance of the House, he did not think it would

Mr. Davis, of Kentucky, rose and proposed the be proper to go into so important a subject at

following resolution for the adoption of the present.

House: After a few other observations, the question for

Resolved, That Roger Griswold and Matthew Lyon, postponement was carried 44 to 34.

Mr. Livingston, from the Committe of Com- members of this House, for violent and disorderly be merce and Manufactures, reported a bill for the haviour committed in the House, be expelled there

from." relief of Sylvanus Crowell; which was committed for Monday.

Mr. Nicholas hoped the resolution would be The same gentleman, from the same commit- permitted to lie on the table. tee, also made a report on the petitions of Reuben

Mr. Davis saw no reason for delaying a decisSmith and Nathan Strong, who pray to be allow- ion upon this resolution. He thoughi the conduct ed the bounty and drawback on a qnantity of beef, of these gentlemen had been so grossly violent, pork, and coiton goods exported, which had been and so notorious to most of the members of the regularly inspected, but, upon the exportation of House, that there need be no hesitation in deciding which, the necessary bond had not been given, upon it. If gentlemen wished, however, to take nor the oath prescribed taken.

the same course which had been adopied on a The committee state that this neglect does not former occasion, he should not object to it, though appear to have taken place from any improper to say anything as to the necessity of preserving

he thought it unnecessary. It was needless, now motive, and therefore, recommend that ihe relief prayed for may be granted. Committed for the dignity and honor of that House; enough had Monday.

already been said, and he thought pertinently said,

on a former occasion on this subject. And as he RELIEF OF AMERICAN SEAMEN.

believed neither the dignity, the honor, or peace of On motion of Mr. Livingston, the House went that House could be preserved whilst these meminto a Committee of the Whole on the bill in ad- bers remained in it, he hoped the House would be dition to the act for the relief and protection of unanimous in voting their expulsion. American seamen ; when, after Mr. L. had intro- Mr. Thatcher did not see why the innocent duced an amendment, requiring masters of vessels should be punished with the guilty. The gentle to give bond to bring back, or give a due account man who brought forward this proposition, he of all the sailors they take out on their voyages, supposed, did not wish this. From what he saw the committee rose; but some objections being of the affray, he did not think Mr. Lyon deserred offered to this amendment in the House, the con- to be punished for the part he acted. He certainsideration of it was postponed, and it was ordered ly received a severe beating, but he appeared to to be printed.

be passive from the beginning to the end ; and he Mr. D. Foster then moved to adjourn. did not think Mr. Lyon ought to be expelled he

Mr. Dawson wished the motion for adjourn- cause he was beaten. As to any investigation of ment to be withdrawn until he offered a resolu- what happened yesterday, he did not think it netion to the House.

cessary, as most of the members of that House

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