The said Message, and account accompanying the same, were read, and ordered to lie on the table. CASE OF MR. RANDOLPH.

Mr. C. GOODRICH, from the committee to whom was referred the Message of the President of the United States of the 14th instant, together with a letter from JOHN RANDOLPH. Jun., a member of the House, accompanying the same, made a report, which was read and ordered to lie on the table.

On motion, it was ordered, that the Message of the President, and Mr. RANDOLPH's letter to him, the report of the committee, and testimony accompanying it, be printed for the use of the members.

The reading of the testimony being called for, Mr. HARTLEY said, that as the whole was ordered to be printed, he thought it at present unnecessary, and therefore moved an adjournment. Upon the question, Will the House adjourn? it was negatived-yeas 35, nays 56.

The testimony was then read, as follows:

Mr. Randolph's statement to the Committee.

JANUARY 18, 1800,

24th year of Independence. SIR: A mature consideration of the subject induces me to suspect that a refusal on my part to communicate the information requested by you a few days ago could only have originated in a false delicacy, under the impulse of which I am determined never to act. I shall, therefore, proceed to state some instances of the misconduct of Captain McKnight and Lieutenant Reynolds, on the night of Friday, the 10th instant.

H. OF R.

which tended to the same point. Suffice it to say that their whole deportment exhibited an insolence, and their every act betokened a bold defiance, which can ing to the general received opinions of the world, would neither be defined nor mistaken; and which, accordnot only have justified but demanded chastisement.

Referring the committee to the numerous and authentic accounts of this transaction, which the gentlemen present are so well calculated to give, I remain with respect, sir, your fellow-citizen, JOHN RANDOLPH, JUN. The CHAIRMAN of the Committee, &c.

Mr. Christie's Affidavit.

On the 17th January, 1800, came the subscriber before the Hon. C. Goodrich, chairman of a committee of Congress, and being sworn, deposeth and saith, that, on Friday evening, the 10th of January, I was sitting in a box of the theatre: I was shortly after joined by Mr. Randolph, Mr. Nicholson, Mr. Macon, Mr. Baer, Mr. Glen, General Van Cortlandt and Mr. Van Rensselear, of New York; they all took seats near me; shortly after Mr. Baer went out of the box; the others remained; after the play was over, and about the time that the farce was beginning, I discovered in an adjoining box Captain McKnight and a gentleman, whose name I have since found to be Reynolds, both officers of the navy; I saw also in company with them Captain George Taylor, of this city; I saw them repeatedly look towards our box, and whispering to each other. When the procession came forward on the stage, Captain McKnight called out that they were well-looking mercenaries; I then began to discover, what I had before suspected, that some of these gentlemen intended to offer Mr. Randolph Exclusive of repeated allusions to what passed in the or some of us an insult, on account of the part we took House of Representatives during the debate of the pre- in the House of Representatives respecting the army. ceding day, and a frequent repetition of some words It was my intention to have left the theatre early, but I which fell from me during that discussion, in a manner so remained, fearing a disturbance would take place be marked as to leave no doubt on my mind or that of tween Mr. Randolph and those gentlemen, who manMessrs. Van Rensselaer, Christie, or Macon, of their ifestly evinced an intention of insulting him; Mr. Ranintention to insult me personally; finding me deter- dolph took no notice of anything that was said; and mined to take no notice of their words, they adopted a I overheard a person (who it was I know not) say to conduct which placed their designs beyond every pos- Captain McKnight and Mr. Reynolds, "He does not sibility of doubt, and which they probably conceived hear you, go nearer to him" Captain McKnight and to be calculated to force me into their measures. Mr. Mr. Reynolds then left the box they were in, and came Christie had left his seat between me and the partition round into that in which we were, and got as close to of the box; after which Mr. Van Rensselaer, who sat Mr. Randolph as they could; so near as to touch him; on the other side of me, lay down, so as to occupy a Captain Taylor did not leave the box at the time they more than ordinary portion of room, and occasioned my did, but remained behind; Captain McKnight called removal to a part of Mr. Christie's former seat, leaving out to Captain Taylor, what do you think of these raga very small vacancy between myself and the partition; amuffins-these ragamuffins are not Pennsylvanians, into this Lieutenant Reynolds suddenly, and without they are black Virginia ragamuffins; Captain Taylor requesting or giving time for room to be made for him, laughed, but made no reply; Captain McKnight and dropped with such violence as to bring our hips into Mr. Reynolds afterwards repeated the words mercencontact; the shock was sufficient to occasion a slight aries and ragamuffins, and said that they were not well degree of pain on my part, and for which it is probable drilled, but would be better at the next session of Conhe would in some degree have apologized had not the gress. Finding that none of us took any notice of what was said, Mr. Reynolds stepped with his feet on the seat on which Mr. Randolph was sitting, and sat down, although there was little or no room for a seat; he crowded Mr. Randolph in sitting down, and I believe sat upon his thigh; Mr. Randolph moved, to give as much room as he could. Mr. Reynolds remained for about fifteen minutes, and stepped back, upon which Captain McKnight came forward and took his place, observing the same conduct as Mr. Reynolds had done in sitting down. Captain McKnight spoke to me, and I gave him my hand; Captain George Taylor then

act been intentional.

Just before I left the box, one of them, I believe McKnight, gave me a sudden and violent pull by the cape of my coat; upon my demanding who it was, (this was the first instance in which I noticed their proceedings,) no answer was given; I then added, that I had long perceived an intention to insult me, and that the person offering it was a puppy. No reply that I heard was given.

It will be impossible for me, sir, to specify the various minute actions of these persons and their associates

H. OF R.

Breach of Privilege.

JANUARY, 1800.

came round to our box, and took his place at the back Reynolds; the one dressed in plain clothes, or perhaps of Captain McKnight, and used once or twice the words his coat might have been trimmed with a light edging mercenaries, and appeared to me to understand fully of buff cloth; the other in a blue and red uniform, with the intentions of Captain McKnight and Mr. Reynolds, a sword. At the conclusion of the entertainment, I and appeared to be desirious of forwarding their views; stepped forward, with the intention of protecting Mr. they all three remained in the box until the farce was Randolph from any injury, and at the same time called over, and as Mr. Randolph got up to go out, I heard to him to know if he would walk. He, with Mr. Mahim call out "who was that that pulled me by the con and a number of others, had risen from their seats, coat?" I looked, and saw Captain McKnight, Mr. Rey- and were going out of the box. As one, if not both, of nolds, and Captain Taylor, at his back; I got before the officers remained behind, I suffered Mr. Randolph them, and walked with Mr. Randolph; in going out of to pass me, designing to follow closely after him. At the lobby, a gentleman, whose name I do not know, that time I saw Mr. McKnight throw himself forward, told me not to leave that gentleman, (meaning Mr. with one arm extended, and at the same moment heard Randolph,) for it was the intention of those persons to Mr. Randolph call out "who was that that jerked my use him ill; I therefore walked with him to the head of coat ?"-Mr. McKnight passing by him just then. Mr. the stairs, and in going down was pressed on so closely Randolph made the same exclamation a second time, by Captain McKnight and others, that it was with diffi- and added that the person was a damned puppy, let him culty I could keep on my feet; I looked back and call- be who he might. Upon reaching the large passage, ed out to them not to crowd me, and they desisted; in Mr. Macon, Mr. Christie, with several others, surrounded going out of the house, Captain Taylor and Captain Mr. Randolph, and, in going down stairs, I felt myself McKnight came arm in arm and pushed by us, and pushed with great violence, as I thought for the purpose would hardly get out of our way, but walked slowly before of throwing me upon Mr. Randolph. I found it necesus to the corner of Fifth street, when we turned off; Cap- sary to resist the pressure, which I believe would have tain McKnight called to me and wished me good night, been impossible if I had not been a very heavy man. which compliment I returned. From the whole of their Whether Mr. McKnight was the person who jerked conduct, it appeared to me evidently the intention of Mr. Randolph's coat, or whether those two officers were the whole three to provoke Mr. Randolph to reply to concerned in attempting to push him down stairs, I their observations, so as to bring on a quarrel; that Cap- will not pretend to say. I have stated the facts as tain McKnight and Mr. Reynolds did jostle Mr. Ran-nearly as I can recollect them, and from those facts the dolph on his seat, and used many expressions that fell committee will draw their own inferences. from Mr. Randolph in the House of Representatives in the debate on the reduction of the army; and it appeared to me that they had taken offence at these expressions, and were determined to provoke him to a quarrel. G. CHRISTIE.

Sworn to, on the 18th day of January, A. D. 1800, before me,

C. GOODRICH, Chairman, &c.

Mr. Nicholson's Affidavit. On the evening of Friday, the 10th instant, I went to the theatre, in company with Mr. Nicholas, Mr. Stone, Mr. Macon, and Mr. Randolph. When we reached the theatre, our company accidentally separated; Mr. Macon, Mr. Randolph, and myself going into one box. After remaining there some time, we were joined by Mr. Van Rensselaer, the Lieutenant Governor of New York, and General Cortlandt, of the House of Representatives. General Cortlandt and myself were seated on one of the front benches, and, as I was attending to the play, I did not hear the remarks which are said to have been made with the view of insulting Mr. Randolph. During the performance of the afterpiece, I was called out by Captain Campbell Smith, who informed me that he had understood Mr. Randolph had been insulted by some officers, and inquired if I had heard anything of it; at the same time stating the cause to be Mr. Randolph's observations of that day or the day before in Congress. I told Captain Smith I had heard nothing of it, and asked him about the kind of insult which had been offered; he answered that he was not present himself, but from what he had heard he was apprehensive of some disagreeable consequences. I remained in the upper part of the box, where I could see every thing passing in front, and observed with attention the two officers who had been pointed out to me; they were in conversation, but I was not near enough to hear it distinctly. Their names, I am told, are McKnight and

It is necessary to add, that when Mr. McKnight threw himself forward in the box, as above stated, there were two persons passing between him and me, which prevented me from seeing whether he took hold of Mr. Randolph or not. The staircase was darker than usual, owing, I believe, to the lamps having burnt out, the hour being later than common; and this prevented me from seeing those persons who were pressing forward with so much violence. JOSEPH H. NICHOLSON. Sworn to, on the 18th day of January, A. D. 1800, before me, C. GOODRICH, Chairman, &c.

Mr. Macon's Affidavit.

I was at the play last Friday night, and in the same box with Mr. Randolph and others. Some time after the play had been begun, the door of the box in which we were was opened so often that I turned towards the door to see who opened it, and what it could be for, but did not then discover any one going out or coming in, though I saw several people who had come into the box and taken seats behind us. Still looking towards the door, I saw a young man, with a blue coat, go out. Soon afterwards the door was opened again; I looked back, and saw him behind us, in company with a man who had on a uniform coat; others were also behind us. These men were frequently going out of the box, and, after a little time, returning again. I do not recollect to have heard either of them say a single word until the farce was begun, when the man dressed in blue said, these ragamuffins march very well, (the players were then marching.) At this time, I think, a third person was with them, who had on a great coat; if he was not, he was with them very soon after. The same words were quickly repeated by the same person standing near Mr. Randolph, who was sitting. Mr. Van Rensselaer, who sat by Mr. Randolph, and nearly be

hind me, said these men intend to insult Mr. Randolph; I answered, it appeared much like it. The word ragamuffin was afterwards used, though I do not know by which of the three. After this, when some of the players appeared in a different dress, words were spoken by one of these three men, which I do not know, nor could I hear them plain enough to understand clearly what they said. At another time, when the players were marching, one of these men, I know not which, said, these ragamuffins march badly; they want drilling, and will do better by another session. The man with the great coat did not, I think, stay long in the box, nor am I certain that he was there when these last words were spoken. The one with the uniform coat staid more in the box after the farce was begun than either of the others. The one with the blue coat continued to go out and to return. Both these men were in the box, I think, at the time we got up to go out. During the farce, and when the scenery was changing, Mr. Randolph stood up before his seat; as soon as he rose, the man who had on the uniform coat (and at this time I saw that he had a sword) stepped on his seat, and stood on it, until Mr. Randolph sat down; he then stepped off the seat, and immediately crowded in between Mr. Randolph and the side of the box, where there did not appear to be room for him to sit either with pleasure or ease. Mr. Randolph instantly made what room he could for him; he did not continue long in his new seat, but got up again, and stood behind us, where he had room neither to stand or sit.

H. OF R.

House of Representatives. I seated myself by the side of Mr. Macon, and the Lieutenant Governor took a seat by the side of Mr. Randolph. Looking round, I found Messrs. Baer, Christie, and Nicholson, all members of the House, were behind, not far from us.

After a very short time, two gentlemen in uniform, whom I took to be marine officers, came near, and were with us in the same box. In the course of the enter tainments nothing happened, to my knowledge, to interrupt the cheerfulness and good-humor which prevailed among us.

When the afterpiece was performing, a number of men, with a drum, pikes, &c., appeared on the stage; upon a view of this scene, one of the gentlemen in uniform, addressing himself, as I supposed, to his companion, said, "I think our ragamuffins would make a better appearance than those men," or words to that effect. No particular notice appeared to be taken of the expression, and, as soon as the curtain was dropped, the officers back of us went out; so did the other gentlemen who were with us.

The Lieutenant Governor and I remained a little time in the box till the crowd had passed, and I saw none of the gentlemen before mentioned afterwards. This statement is made according to my best recollection.

HENRY GLEN.
Sworn to, on the 18th day of January, A. D. 1800,
before me,
C. GOODRICH, Chairman, &c.

Captain Campbell Smith's Deposition.

PHILADELPHIA, Jan. 15, 1800.

In obedience to the request of the committee to whom was referred the Message of the President of the United

States, with the letter of Mr. Randolph, a member of your House, complaining of his having been insulted by two officers of the army or navy, as signified in the note of the honorable Mr. Goodrich to me of this day, hearing when the abuse, as alleged, took place; that I I have only to state that I was not present or within but a very little time before the first part was completed, went into the theatre at a late period of the exhibition, and was sitting, in company with Colonel Butler, in one of the lower boxes, when a gentleman of our ac

As we were going out of the box, about the time the farce was finishing, Mr. Randolph being near the door and before me, I heard him ask who had taken hold of him, and said that whoever it was that he must be a puppy. I got to him as quick as I could, and before he went out of the box; several people were near him when I got to him; he went out of the box; we followed him; as soon as we had got clear of the box, a man said to Mr. Christie, keep near to that man, meaning, as I understood, Mr. Randolph; we walked to the stairs; Mr. Randolph went down before me; as I stepped on the stairs, I took hold of the hand of the man next to me, (I think it was General Van Cortlandt,) and supported myself with the other as well as I could, and it was with great difficulty that I was able to pre-quaintance came and informed me of what had hapvent being pushed down; some person behind me (I think it was Mr. Christie) said to those behind him, do not push so hard. Messrs. Van Rensselaer, Glen, and Christie, were nearer these men than myself, and may have heard their expressions more distinctly than I did. Sir, the above is a statement of the facts you asked for. I have endeavored to keep it clear of the impres

sions that were made on me at the time.

NATHANIEL MACON.

HON. CHAUNCEY GOODRICH.

pened above, relative to Mr. Randolph and the officers, but whose expressions I do not now recollect; that immesuch conduct in such a place, and apprehensive that diately, aware in my own mind of the imprudence of some of my military acquaintances might be there, I went up stairs to the door of the box in which Mr. Randolph and some other members of Congress were sitting; at the door of the box, I met a gentleman of this city whom I knew, and of whom I asked the question, "Who is that gentleman in uniform ?" looking at an

Sworn to, on the 18th day of January, A. D. 1800 officer in the box, and received for answer that he did before me,

C. GOODRICH, Chairman, &c.
H. Glen's Affidavit.

PHILADELPHIA, Jan. 14, 1800. HENRY GLEN, a member of the House of Representatives of the United States, saith:

not know, but if I wished to be acquainted with him, he would introduce me to Captain McKnight who was there, and who would introduce him to me; this, however, did not take place at this time. I afterwards discovered a member from Maryland, of my acquaintance, in the adjoining box, of whom I inquired if he knew what had happened? He answered in the negative; I told him what I had heard, and that I was apprehen

That in the evening of Friday, the tenth of this month, he went, in company with the Hon. Stephensive a fracas might ensue; in moving through the house, Van Rensselaer, Lieutenant Governor of the State of New York, to the theatre in this city. Finding vacant seats, we placed ourselves in a front box, where were Mr. Macon and Mr. Randolph, both members of the

I met an officer of the army, to whom I mentioned my information and apprehensions; he accorded with me in opinion, and we went to the door of the box in which Mr. Randolph was. Here a tender was again made to

me, by the same gentleman, of an introduction to Captain McKnight, which did not, however, occur; we went to another part of the house, and returned some little time afterwards, when, something being said which I do not now remember, the gentleman before alluded to called out Captain McKnight, and introduced me to him; the captain called out the gentleman in uniform, whose name I had inquired, and introduced him to me as Lieutenant Reynolds. Just after the usual salutes had occurred, our attention was called to the stage, and the captain and lieutenant returned (as I supposed) to their seats in the box, and I went to an opposite quarter of the house.

JANUARY, 1800.

scenery being introduced, most of the persons in the box rose up; finding my view obstructed, I stepped on a vacant bench; a person soon after sat on my feet; I desired him to rise, which he did, without any appearance or expression of anger; I soon after stepped behind, where (except for eight or ten minutes) I remained during the peformance, but I am positive Í never sat beside Mr. Randolph during the evening. At the time of quit ting the box I had hold of Captain Taylor's right arm; the crowd was great; at the box door Captain Taylor was jostled, and I put out my arm (but without any vi olence) to make room; Captain Taylor and myself then went out before Mr. Randolph and his friends. We walked down Chestnut to Fifth street, at which place I wished Major Christie good night, and he returned the compliment, and I am certain that I never mentioned Mr. Randolph's name during the evening, nor did I know Mr. Randolph was to be at the theatre, nor do I ever recollect seeing him previous to Friday evening, and, from his youthful appearance and dress, I had no The next evening I was in company with Mr. Ran-idea of his being a member of the House of Representadolph and several other members of Congress, when the occurrence at the theatre on the night before was talked of; from which company, as I retired, Mr. Randolph followed me into the entry of the house, and observed to me that he had taken the liberty to mention my name in a letter which he had that morning written to the President of the United States, requiring an investigation into what had happened the night before at the theatre; to which I replied that I had no objection to attest what I knew, and we parted.

When the entertainments closed, I went out amongst the first, and stood on the pavement above the theatre, till I saw Mr. Randolph come out with several members of Congress; in their rear were the captain and lieutenant. They all moved down Chestnut street; I followed them to the corner of Sixth, and turned up and retired to my quarters.

CAMPBELL SMITH.

Question. Did you observe any acts or expressions of Captain McKnight, or of any other person, which you apprehended designed to insult Mr. Randolph ? Answer. I did not.

Q. Were you present at any time when Captain McKnight and Lieutenant Reynolds were in the box with Mr. Randolph ?

A. I was several times at the door of the box in which those gentlemen were.

Q. Did you at any of those times observe any excep-
tionable conduct on the part of those gentlemen?
A. I did not; they were sitting perfectly quiet.

CAMPBELL SMITH.
Sworn to, on the 18th day of January, A. D. 1800,
before me,
C. GOODRICH, Chairman, &c.

Captain James McKnight's Statement. On Thursday, the 9th instant, I returned to Philadelphia after having guarded fifty-four French prisoners to Fredericktown, Maryland,; on the evening of my arrival I obtained permission to be absent until the day following; the night I spent with my family at Captain Decatur's seat, fourteen miles from the city, and I did not return until twelve o'clock on Friday, at which hour I was ordered on a court-martial, which did not adjourn until three o'clock; I did not quit my quarters until six o'clock, at which hour I went to the theatre alone, in an undress, and without arms; after remaining in the theatre for some time, I was joined by several acquaintances. On my return to the theatre, I went by accident into the box, where the person sat that I now know as Mr. Randolph; on the appearance of a number of persons in the garb of Turks, I remarked that our ragamuffins would make a better appearance, and several times during the evening, I repeated the words ragamuffins and mercenaries. A very interesting piece of

tives; and I trust it will not be supposed I would do an act that would be an infringement of the privileges of Congress, for whom I have the highest respect. JAMES MCKNIGHT, Captain of Marines.

Michael Reynolds's Statement.

PHILADEPHIA, Jan. 16, 1800. On Friday evening, the 10th instant, Lieutenant Thomson and myself went to the theatre, and, after some time being seated, were joined by Captain McKnight; during the performance of Blue Beard, there appeared on the stage a number of strange figures, when some one of the gentlemen present made use of the expres sion that the ragamuffins would make a much better appearance; to which I replied, that could not be doubted; but as to my knowing of Mr. Randolph's being in behind me mention it; and as to our having any prethe adjoining box, I did not, until I heard some one vious conversation relative to our going to the play to insult him, or any other gentleman, it never entered my head; I went to the play-house in uniform and with my side-arms, and am confident that none of the other gentlemen in the box with us had either uniform or side-arms. M. REYNOLDS, Jr., Lieut. Marines.

James Thompson's Statement.

On Friday, the 10th instant, Lieutenant Reynolds and myself attended the theatre, and, after being some time in the house, were joined by Captain McKnight; I neither knew nor expected to meet Mr. Randolph, although it so happened that we got into a box adjoining (without design) the one in which he, with other members of the House of Representatives, was seated; soon after Captain McKnight's coming over to us, which was not until long after our having been in the house, some remarks were made on the performance and performers, in which the words ragamuffins and mercenaries were used; although Captain McKnight was in the same box behind Mr. Randolph, yet I neither saw nor heard him address himself to that gentleman; and, while I was present, nothing like a personal insult appeared to me to be offered, unless his repeating the words above can be so construed.

JAMES THOMPSON,

Lieut. Marines.

Questions by Captain McKnight. Question. Did you see me seat myself by Mr. Randolph in the course of the evening?

Answer. I did not; but it might have happened without my observing it.

Q. Were we constantly together during the performance of the farce?

A. We were either in the adjoining boxes, or, it may be, for a little time, in the same box; but in full view of each other, and within speaking distance the whole time.

Q. Was I not in an undress and without any weapon that evening?

A. You were in an undress, and without any weapon which I knew of.

Q. Did you leave the theatre with Lieutenant Rey