the deductions of and acted for every gentleman, there could be no ground for saying that every gentleman would be satisfied, without the evidence which might be collected from the records of the District Court of South Carolina. Was any gentleman in the House bound to be satisfied, with the gentleman from New York, that all the facts necessary to be known were furnished? Was every gentleman in the House bound to confine himself solely to the resolutions before the House? Certainly not. It could not be denied that the evidence now required was essential to a full investigation of the conduct of the Judge, who was the principal agent of the Executive in this case. He did not consider the question to be whether the resolution of the gentleman from New York required that evidence or not to support them, but whether, to come to a knowledge of the truth and the whole truth relative to the circumstance, it was not necessary. Although, Mr. G. observed, he could not at present perceive how far it was likely those documents might assist the decision of the House, yet he thought them proper to come before the House; it was very probable they would tend either to criminate more, or to extenuate, and perhaps to justify. With respect to the objection, on the ground of postponement, Mr. G. would observe that the motion of the gentleman from South Carolina proved that this was not the proper time to proceed in the discussion; the motion implied that gentleman's acknowledgment of it, or he would rather have at once rejected the motion than moved its postponement for a week; he therefore presumed that gentleman saw the additional testimony necessary. [Mr. HARPER explained his statement to be that the testimony to be expected, nor the postponement, could have any possible bearing on the part relating to the President, and therefore that ought to be decided; but, as far as related to the Judge, evidence might be necessary.] Taking this to be the mind of the gentleman, Mr. G. said, he did not know in what manner he could apply his argument to the motion. For himself, he was ready to vote on the resolutions without more documents, but as other gentlemen were not, he should vote without them. He confessed he was the more earnest to do this, because, on the very threshold of the business, the gentleman was stopped while reading a paper he thought useful to bring forward. Gentlemen had now gotten up and declared themselves compelled to call for evidence which might substantiate a fact contained in that paper, which, though known to be true, was not stamped with that legal credit that was necessary. Let gentlemen then come forward at once and give this fact its legal importance, or prove its non-existence. Another fact stated, was, that the President had undertaken to discharge the man when the court had already assumed jurisdiction of the case. This it was possible to prove or disprove by the record of the court. That this record, agreeably to law, was to contain the name of the court before which the case was triable, and process upon which the man was arrested, he quoted the Judiciary act, FEBRUARY, 1800. Laws U. S., vol. 1, pages 72, 73. He was, however, well satisfied, from the letter of the Judge and the nature of the case, that this man was committed for trial before a court of the United States, and what corroborated the opinion was that no power was given by our laws to hold a man in prison on any other ground. On the whole, Mr. G. said, as one fact had been and others might be contended. if produced, it would perhaps be the most expeditious, as it certainly would be the most satisfactory, method, to procure every fact authentically attested, before the proceeding was had. Mr. H. LEE hoped that the gentleman from South Carolina would withdraw his motion. He would mention some reasons which would induce him to vote differently from gentlemen with whom he usually had the honor to vote. Considering this a question of very great importance, not only to the American people, and to the reputation of the House, but also to the highly respectable character presiding over our Government, he trusted the House would, in its whole process, be led by principles so fair and candid, as not to leave the least room for a charge of derogation from its own dignity or of the great subject it was discussing. He would vote for the motion calling for the papers, but he would do it with an expectation that it would not postpone the discussion of the business so far as related to the conduct of the President of the United States. It appeared that the conduct of the President, as charged, was fully before the House; there could be no difficulty therefore to proceed on it; but, as far as respected the Judge, Mr. L. trusted the record of the court would be sent, for he thought it but fair to gratify gentlemen who considered there was any material evidence wanting. If the view of the gentleman was to postpone the whole of this business, until a return from South Carolina, he would ask the gentleman from New York and his friends, whether they could wish any means to be adopted more completely to effect the object of the resolutions than postponement? Was I the high character, said Mr. L., to whom this resolution refers, I would infinitely rather have the disapprobation of this House to the full extent which the censure goes, than to have the subject postponed, and be exposed to the conclusions and surmises of the world. I will not attribute the motives to gentlemen which the gentleman from South Carolina has expressed; I cannot think the member from New York wishes to suspend the decision of this House until that high character shall be before that tribunal which is to estimate his merits or demerits-for knowing that no baser motives can be cherished, I will not even suspect it of him; but, whatever may be the motives which may induce a postponement, it cannot fail of having that effect. He therefore wished to proceed as it respected the President. Mr. DANA acknowledged his very high estimate of the opinion of the gentleman last up. but he could not agree with him at present. He did not think it would consist with general justice to delay the case for the time contemplated by the resolution. He well knew that if the inquiry was not FEBRUARY, 1800. Case of Jonathan Robbins. H. OF R. made, gentlemen would talk about liberality and to commence an investigation. No man ought to about motives; but that he should little regard, flinch from what he thought right. The only being assured that his conduct would be guided way to give public satisfaction, in a matter that by the strictest rules of legal propriety and justice. had so much engaged public attention, was to give Mr. D. admitted that much propriety marked the all the evidence which could be procured, and let conduct of the gentleman from Maryland, (Mr. the matter be investigated to the bottom; and, most NICHOLSON.) That gentleman well knew that assuredly, the only way effectually to clear the the Executive ought not to be called upon, and characters implicated, if they were innocent, was to that the Speaker of the House was the true me- leave no doubt as to the desire of the House to dium by which evidence could be obtained for that scrutinize their conduct. But, certainly, the very House. But, as the argument was in favor of a great reluctance which gentlemen showed to procomplete investigation of the subject, Mr. D. could cure all the evidence, and, after all, their denial of not help calling to the recollection of gentlemen it, must leave a suspicion bordering much on guilt. a motion (which was negatived) to put this pre- Mr. BAYARD rose, in answer to Mr. GALLATIN vious examination into the hands of a select com- and others, and observed, that, with respect to Nash mittee; but, for want of that very necessary mea- calling himself an American citizen before that sure, gentlemen now found themselves in a disa- court, (an object which it was desired to prove by greeable situation for having accused these officers. this call for evidence.) they were asked to admit They could not prosecute their accusation as they the fact. Mr. B. asked, would those gentlemen wished, and therefore they would feign make fur- admit that Nash was guilty of the dreadful murther inquiry. He objected further to it, because ders committed on board the British frigate? it was unnecessary; he did not believe the least Would they admit that he falsely made the claim? good could spring from it. But it was extremely However, he had no disposition to rest on that unreasonable, and highly unbecoming the digni- point. Another fact, however, which it was refied character of grand inquisitors general, because quired to admit was as to the jurisdiction of the there was no proof to make the charge appear, that court of the United States upon the case. Mr. B. they should suspend the business while gentlemen denied this, and repeated the former arguments in sought for proof which they ought to have known proof of his opinion. He insisted that the whole when the resolutions were proposed. They ought arrest and proceeding was had at the instance of by no means to have been brought upon slight the British Consul and Minister, in proof of which grounds. Did the gentleman not know that pub- he quoted their letters. The record, he said, could lic officers possessed reputation, and that the pre- not possibly dispense any light to this fact; the servation of that reputation was essential to pre-record would only give the warrant and some of serve public confidence in them? He would not stretch a man on the bed of torture, for time unknown, while he searched for proof of a supposed crime. Sir, said Mr. D., by this treatment you chain your public officers to a rock for this spirit of patriotism, like a vulture, to prey on their hearts. This is conduct I abhor, and therefore cannot, for my part, indulge in it. the British agent, but it was impossible to prove that jurisdiction had attached before the letter directing the delivery to be made was received. the depositions first taken before the Judge; but as to the court being designated where the case was to be tried, he contended that it was not usual to insert it in the warrant-he never saw one so drawn. It was possible that Nash was committed with a view to be delivered up to the British, before the letter was received by the Judge from the President; and it was very reasonable that the Sir, they have brought this charge; we are will-whole previous business was at the instigation of ing to meet it; we are willing to give full weight to it. We are not disposed to vindicate the Executive, nor any other public officer, if doing wrong; but it is because we respect honest men, in public stations, that we are prepared to hear what the tongue of accusation can produce. We are unwilling to leave them exposed to calumny, (as they must be, if unheard and unjustified,) except it be by clamor which a suspicion must inevitably raise. Mr. VARNUM would vote for the resolution proposed; he thought it was doubtful whether the President had acted with propriety or not; but he believed if there had been any incidental impropriety of conduct, it was never done with an evil design, nor with a view to interfere with any other department of the Government; but certainly to deny this evidence, which several gentlemen had stated to be necessary to assist them in making up their minds, would stamp a censure on the conduct of those officers as great as that contained in the resolution. He thought the gentleman from New York had a right to bring the subject to the view of the House. If he saw any proceeding which to him appeared dangerous, it was his duty Mr. JONES said, that finding himself, from the vote he was about to give, implicated in the charge made by the gentleman from Delaware, (Mr. BAYARD,) that gentlemen who were yesterday ashamed to vote for the proposition to discharge the Committee from further consideration of the subject, in general and express terms, because it would imply a distrust of the sufficiency of the ground on which to support the principles of the resolutions, were now disposed to effect the same object by a decision which would, in fact, go to evade the question during the present session, he felt himself impelled, by a respect for his own conduct, to explain the motives which would govern his vote on the present question. He considered the case which had been called into view by the proposition of the gentleman from New York, (Mr. LIVINGSTON,) as one that involved in it the dearest interests and deepest concerns of the people of the United States. The gentleman from Delaware (Mr. BAYARD) and the gentleman from Connecticut (Mr. DANA) had indulged themselves in the most violent invectives and unnecessary abuse against the unfortunate, the obscure, and insignificant character, now dead, who was the subject of this proposition. On this topic they had exercised all their powers of passionate declamation. If this was a grateful theme for the employment of their talents, he did not envy them the enjoyment of it. How that kind of argument would apply to the question, he left to the House to determine. For his part Mr. J. said, he deemed it totally immaterial whether the man was, as they had declared, an Irishman or not; whether he was a Turk, a Hottentot, or a native-born American, if he claimed to be an American citizen, and produced a certificate in due form, under the signature of a proper officer, of his citizenship, and that claim was slighted by the Judge, or declared immaterial, and the fact not inquired into of his being a citizen, then he conceived the safety of the citizens of America, to be equally put in jeopardy, as if the man had been born and raised in Charleston, in the circle of the Judge's own acquaintance. If, he asked, a dagger aimed at my breast by an assassin in the dark, should by mistake or impetuosity pierce the bosom of another, would not the discovery of such an attempt awaken alarm, and demand a precaution for my future safety? Certainly it would. So in this case, if this man claimed to be a citizen and wore about him the legal voucher of that claim, and if he was told in the presence of American citizens, "it is of no importance whether you are, or are not a citizen, that is a point of no concern in the case," notwithstanding it may afterwards be found he was no citizen, yet would it equally involve the safety of every true citizen who might fall into similar circumstances. We may congratulate ourselves that it has not fallen on a fellow-citizen, but we ought still to improve the lesson this case has presented. Mr. J. hoped that it would be improved, and that, at least, legislative provisions would be made to prevent this decision from operating on a citizen, if such a case should occur in future. This man was a citizen to all intents and purposes, so far as respects the precedent, if he claimed that right and produced a voucher to testify it, and was entitled to all the privileges of a citizen until his claim and certificate had been formally proven to be false. Mr. J. said, to ascertain with certainty whether this claim was put in, and how it was treated, it certainly was necessary to procure authentic copies of the record and proceedings in the case, from the court, and every ray of evidence that could be obtained; nothing could be more essential in deciding on the conduct of the Judge than to have an authentic account of the proceedings. Gentlemen seemed extremely anxious to have the question decided early, on account of the censure hanging over the Executive by continuing the business on the table. It is true, said Mr. J., the papers now called for were not necessary to determine on that part of the resolution which charges the Executive with interfering with the Judiciary; on this point no further evidence was wanted, that was an abstract question FEBRUARY, 1800. and might be so decided; but there was a probability that the evidence to be obtained from the courts in Charleston might be material as to another charge or implication against the President. If it should by any means be proved, that the President was informed of, or knew the man had claimed to be a citizen, then he was surely as much to blame in not making the distinction as the Judge; it was possible this might appear from some of the proceedings or papers before the court. Gentlemen were sensibly affected for the President's feelings in this case, and if he is blameless this tenderness was proper, but for his part he considered the case of the Judge as equally and more delicate than that of the President. The situation of a Judge, determining on the life of his fellow creature, was, he thought, the most important and responsible duty mankind could impose on any one; of course to censure a Judge for any decision that could affect life, was a severe infliction, and in doing it every possible proof and sight ought to be had. It was said that by the delay which this vote would cause, if carried, the President would be hung up in odious effigy to the people at large. Mr. J. said he could not conceive how a disposition of the House to receive every light, and go into as ample an investigation as possible, would have that effect; he believed a contrary conduct would be more likely to render the conduct of the President suspicious and censurable. What effect would a mere vote of approbation have in this case, after refusing to permit testimony to be brought forward which was thought material? It would seem as if the friends of the Executive were afraid to let the matter be clearly sifted, and wished to avoid everything that could throw light on the subject. What value ought to be put on applause obtained in such a way? He believed the President would disdain the approbation of the House on such terms; to make his exculpation grateful to himself and satisfactory to the nation, nothing ought to be suppressed, everything should be produced that related to the subject. The gentleman from Connecticut, (Mr. DANA,) who is always so tenderly concerned for the character and dignity of this House, and so frequently complains of other gentlemen committing that dignity and respect by their conduct and opinions, has, on all occasions, when he has addressed the House, in his style and manner, manifested the most unlimited confidence in the talents and penetration of one member of the House; but what kind of respect he had discovered for every other gentleman in it, he appealed to the observation of gentlemen generally to determine. Some gentlemen had indulged themselves in attributing to the mover and friends of this proposition, unworthy motives; he had on many occa sions observed that those gentlemen were partial to that kind of debate; he could not see the use or advantage of such conduct; he thought it very unbecoming any gentleman in this body. There was, however, one motive which these gentlemen had not attributed to him or those with whom he usually acted in the House, they could not insin uate nor pretend that their conduct was designed to throw themselves within the benign beams of Executive patronage. Mr. J. said he would not so far conform to a practice which he condemned as to designate what gentlemen would bear an insinuation of that kind, it was not necessary to point them out. He could perceive no other object which could induce gentlemen to declaim so frequently and earnestly on those unpleasant topics. The question was then taken on the motion of Mr. HARPER, to postpone the consideration of the motion of Mr. NICHOLSON, for a call of the record of the District Court of South Carolina, for one week, and negatived—yeas, 32 nays 63, as fol lows: H. OF R. agree to the motion first proposed, and passed in the negative-yeas 44, nays 57, as follows: YEAS-Willis Alston, Theodorus Bailey, Phanuel Bishop, Robert Brown, Samuel J. Cabell, Gabriel Christie, Matthew Clay, John Condit, Thomas T. Davis, John Dawson, George Dent, Joseph Eggleston, Lucas Elmendorf, John Fowler, Albert Gallatin, Samuel Goode, Andrew Gregg, John A. Hanna, David Holmes, George Jackson, James Jones, Aaron Kitchell, Henry Lee, Michael Leib, Matthew Lyon, Edward Livingston, Peter Muhlenberg, Anthony New, John Nicholas, Joseph H. Nicholson, John Randolph, John Smilie, John Smith, Samuel Smith, Richard Stanford, David Stone, Thomas Sumter, Benjamin Taliaferro, John Thompson, Abram Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, and Robert WilYEAS-Bailey Bartlett, James A. Bayard, John Bird, liams. John Brown, Samuel J. Cabell, Christopher G. ChamNAYS-George Baer, Bailey Bartlett, James A. Bayplin, William Cooper, Franklin Davenport, John Den-ard, John Bird, Jonathan Brace, John Brown, Chris. nis, Thomas Evans, Chauncey Goodrich, Elizur Good- topher G. Champlin, William Cooper, William Craik, rich, William Gordon, Roger Griswold, Robert Good- Samuel W. Dana, Franklin Davenport, John Dennis, loe Harper, Archibald Henderson, William H. Hill, Joseph Dickson, William Edmond, Thomas Evans, Samuel Lyman, John Marshall, Harrison G. Otis, Abiel Foster, Dwight Foster, Jonathan Freeman, Henry Robert Page, Thomas Pinckney, Leven Powell, John Glen, Chauncey Goodrich, Elizur Goodrich, William Reed, John Rutledge, jr., Samuel Sewall, James Sheafe, Gordon, Edwin Gray, Roger Griswold, William Barry William Shepard, George Thatcher, John Chew Thom- Grove, Robert Goodloe Harper, Archibald Henderson, Peleg Wadsworth, and Lemuel Williams. William H. Hill, Benjamin Huger, Silas Lee, Samuel NAYS-Willis Alston, George Baer, Theodorus Bai- Lyman, James Linn, John Marshall, Abraham Nott, ley, Phanuel Bishop, Jonathan Brace, Robert Brown, Harrison G. Otis, Robert Page, Josiah Parker, Thomas Matthew Clay, John Condit, William Craik, Samuel Pinckney, Leven Powell, John Reed, John Rutledge, W. Dana, Thomas T. Davis, John Dawson, George jr., Samuel Sewall, James Sheafe, William Shepard, Dent, Joseph Dickson, William Edmond, Joseph Eg- George Thatcher, John C. Thomas, Richard Thomas, gleston, Lucas Elmendorf, Abiel Foster, Dwight Fos- Peleg Wadsworth, Robert Waln, Lemuel Williams, ter, John Fowler, Jonathan Freeman, Albert Gallatin, and Henry Woods. Henry Glen, Samuel Goode, Edwin Gray, Andrew Gregg, William Barry Grove, John A. Hanna, David Holmes, Benjamin Huger, George Jackson, James Jones, Aaron Kitchell, Henry Lee, Silas Lee, Michael Leib, Matthew Lyon, James Linn, Edward Livingston, Peter Muhlenberg, Anthony New, John Nicholas, Mr. HARPER moved a postponement of the orJoseph H. Nicholson, Abraham Nott, Josiah Parker, der of the day on the business of Jonathan RobJohn Randolph, John Smilie, John Smith, Samuel bins, until Monday. He did not conceive much Smith, Richard Stanford, David Stone, Thomas Sum-progress would be made this day, and as there was ter, Benjamin Taliaferro, Richard Thomas, John Thompson, Abram Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, Robert Waln, Robert Williams, and Henry Woods. as, The question then recurred upon adopting the resolutions. Mr. MARSHALL spoke at length against it. He contended there was no prospect of coming to a decision of the original question this session, if this were adopted; and asked if the character of the President of the United States ought to be held up in the suspicious view in which the resolution placed it, until the next session of Congress? He hoped not. It seemed to him that a postponement amounted to a declaration to the people of America that there was much cause for suspicion, and that additional evidences were wanted to substantiate it. Mr. NICHOLAS replied to Mr. M., and contended that the whole truth of the case was to come out of the additional testimony now asked for. An adjournment was then called for, and negatived-yeas 30. Mr. RANDOLPH spoke in favor of the resolution, and in answer to Mr. MARSHALL. The question was then taken that the House do 6th CoN.-19 And then the House adjourned. FRIDAY, February 28. much private business on hand it could not be gone through with. If the business be taken up on Monday it can be regularly gone through with without intermission. The motion was agreed to. The House resolved itself into a Committee on the report of the Committee of Claims on the petition of Campbell Smith, which was, that he should receive allowance as Advocate General and Judge Marshal while filling those capacities in the Western Army. The resolution to that effect was agreed to, and the Committee of Claims directed to report a bill accordingly. Mr. WALN presented a memorial from the Health Office in Philadelphia, stating that, in consequence of the plague having raged in Morocco, Great Britain had enacted very strict quarantine laws, but although the port of Philadelphia might be watched by all the vigilance in the power of the Health Office, there was no general law to keep that most dreadful scourge of the human race from being introduced into some ports of the United States. They prayed the attention of Congress thereto. Referred to the Committee of Commerce. ADMISSION OF STRANGERS. The subject of the admission of strangers without the bar, on the floor of the House, was introduced by the SPEAKER. He said it would be very pleasing to him that some specific order should be taken thereupon by the House, since a variety of inconveniences attended the present mode as well as the former. Mr. DAVIS then moved, that during the present question, (Message of the President, &c.,) the present order relative to the admission of strangers be suspended, and that any persons introduced by members should be admitted without the bar. Mr. HARPER moved, that the words, "during the present session," be struck out, which was agreed to-38 to 26. The question on the resolution was taken and negatived-48 to 33. On Mr. RANDOLPH's wishing to know what was the present order, Mr. SPEAKER explained it to be. that no person be admitted without the bar, on the floor of the House, except public characters, and such as are admitted by the special order of the SPEAKER. Mr. RANDOLPH then moved for the exclusion of strangers from that part of the House altogether, for which he mentioned several reasons. This motion was negatived, without a division. FEBRUARY, 1800. The House resolved itself into a Committee of the Whole on the bill to establish a General Stamp Office; and, after some time spent therein, the Committee rose and reported several amendments thereto; which were severally twice read, and agreed to by the House. The said bill was then further amended at the Clerk's table, and, together with the amendments, ordered to be engrossed, and read the third time on Monday next. Ordered, That the Committee to whom was referred the Message of the President of the United States, relative to the Mint, have leave to report thereon by bill or bills, or otherwise. REPORT ON THE LOAN. The House then went into Committee on the report of the Committee of Ways and Means on the subject of a loan. The report was read, as follows: The Committee of Ways and Means, to whom was referred the estimates for the public service during the present year, having taken them into consideration, and obtained from the different Departments such further information as they deemed necessary, beg leave to submit to the consideration of the House the following report on that subject: The committee thought it proper, before they entered into the subject referred to them, to obtain from the Treasury Department a detailed estimate of the revenue and expenditure of the present year, according to existing laws. For this purpose was written to the Secretary of the Treasury the letter, of which a copy, (No. 1,) together with his answer, (No. 2,) and the LANDS FOR MILITARY SERVICES. A message was received from the Senate informing the House that they insisted on their amendments, which were disagreed to by the House, and on which conferees were appointed, to the bill respecting the grant of lands for mili-estimate requested, (No. 3,) is subjoined to this report. tary services. From this estimate it appears that the whole sum reMr. HARRISON, one of the conferees on the part quired for the public service, during the present year, of the House, afterwards reported that the con- including the interest and reimbursement of the public ferees had agreed to recommend to the respective debt of every description, the civil list, army and navy, Houses a resolution. the import of which was, and every incidental charge, amounts to fifteen milthat the House should recede from their disagree-lions three hundred and ninety-three thousand and ment with the amendments proposed by the Sen-thirty-four dollars and eleven cents. But this sum inate, and agree to certain amendments proposed by the conferees. The report was concurred in by the House. conferees. SUNDRY BILLS. The House resolved itself into a Committee on the bill for the relief of Thomas Arnold, which was agreed to, and ordered to be engrossed for a third reading on Monday. cludes the whole army estimate, which was founded on the supposition that the twelve regiments of infantry and six troops of horse, composing the additional army, for suspending further enlistments, having passed one would be immediately completed. The act, however, branch of the Legislature, the committee thought it proper to ascertain, as nearly as possible, what reduction in the expense of the army would result from this bill, should it pass into a law. For this purpose they wrote a letter to the Secretary of War, a copy of which, (No. 4,) with his answer, (No. 5,) and an estimate of the reduction in question, (No. 6,) they have annexed to this report. From this paper it appears that the reThe House also resolved itself into Committee duction may be calculated at about one million of dolon the report of the select committee on the peti-be deducted from the former estimate of fifteen millions lars; which, as the bill has now passed into a law, must tion of John Mountjoy. Some difficulty appearing, three hundred and ninety-three thousand and thirtythe Committee rose, and obtained leave to sit again. four dollars and eleven cents, and will leave a balance The House also resolved itself into Committee of fourteen millions three hundred and ninety-three on the report of the select committee on the peti- thousand and thirty-four dollars and eleven cents, for tion of Isaac Zane. The committee had reported the expenses of the year. a resolution for allowing the land prayed for, and an amendment was added to introduce a proviso, that it did not come within the military lands. The report was agreed to, and the Committee instructed to report a bill accordingly. From this balance, however, the committee are of opinion that a further deduction of six hundred thousand dollars ought to be made. This sum is added to the navy estimate as a further appropriation during the present year, for the building of the six 74's. But the |