that the Senate have passed the bill, entitled "An act to encourage the recruiting service," with several amendments; to which they desire the concurrence of this House.

The House proceeded to consider the said amendments; whereupon,

Resolved, That this House doth agree to the amendment proposed to the first section, and doth agree to the amendment to the fourth section of the said bill.

The SPEAKER laid before the House a Letter and report from the Secretary of the Treasury, enclosing the copy of a contract made with the Bank of the United States, transmitted pursuant to the resolution of this House of the twenty-eighth of February last; which were read, and ordered to be referred to the Committee of the Whole House to whom is committed the bill providing for the payment of the second instalment due on a loan made of the Bank of the United States.

SATURDAY, April 26.

[APRIL, 1794.

adhered to; and that Mr. JEREMIAH WADSWORTH, Mr. FINDLEY, and Mr. MACON, be appointed managers at the said conference on the part of this House.

The House again resolved itself into a Committee of the Whole House, on the bill making certain alterations in the act for establishing the Judicial Courts of the United States, and altering the time of holding certain Courts; and, after some time spent therein, the Committee rose, and reported progress.

CONTESTED ELECTION.

The House resumed the hearing on the trial of the contested election in the case of the petition of ABRAM TRIGG, complaining of an undue election and return of FRANCIS PRESTON, to serve as a member of this House for the State of Virginia.

When the Clerk had finished the reading of the examination of witnesses in the case of Mr. PRESTON, that member rose to enter upon a reply. He observed, that the discussion of this question had been so long deferred very much against his wishes; but as it was now two o'clock in the afternoon, and as it would require more than an hour for him to go through his remarks, he should, if agreeable to the House, defer beginning them till tomorrow. At the same time, if it was more agreeable to gentlemen, he should enter upon the subbeject just now.

The House proceeded to the hearing on the trial of the contested election in the case of the petition of Abram Trigg, complaining of an undue election and return of FRANCIS PRESTON, to serve as a member of this House for the State of Virginia; whereupon,

Ordered, That the petitioner, on his prayer, admitted to the bar of the House, to be heard in the support of the allegations of his petition.

The depositions and other exhibits, as well on behalf of the petitioner, as of the sitting member, being partly read, an adjournment was called for, and carried.

MONDAY April 28.

ALEXANDER GILLON, from South Carolina, appeared, produced his credentials, and took his seat. A message from the Senate informed the House, that the Senate have disagreed to the bill, entitled "An act to suspend the importation of certain goods, wares, and merchandise."

After a few words from Mr. W. SMITH, and Mr. TRIGG, it was determined to defer the business till to-morrow.

After some conversation on the Post Office bill, it was passed. It was agreed to appoint a Committee of Conference with the Senate, on disagreeing to the bill for the support of the present Military Establishment.

The House then went into a Committee of the Whole House, on the report respecting the better regulation of the Courts of Justice in some of the Southern States.

Mr. S. SMITH, of Maryland, stated the inconveniences that arose from the present arrangement of the Courts in the State of which he was A message from the Senate informed the House, a Representative. It was at one period of a cause that the Senate recede from their amendments dis-requisite to travel to the Eastern shore of the agreed to by this House, and insisted on by the Senate, to the bill, entitled "An act to establish the Post Office and Post Roads within the United States," and do agree to the said amendments, with an amendment and modification of the same, agreeably to the report of the Joint Committee of Conference.

The House proceeded to consider the said amendment and modification; and, the same being read, were agreed to.

A message from the Senate informed the House, that the Senate adhere to their amendment disagreed to by this House, to the first section of the bill, entitled "An act to encourage the recruiting

Chesapeake, and hire an Attorney for going to that distance. In another stage of the question, the whole business was transferred to an opposite side of the Bay. This, in the trial of criminal cases, is attended with many inconveniences. He mentioned an instance of a captain of a vessel who had been apprehended for smuggling; but while they were conducting him across the Bay, to his trial, he seized a proper opportunity, jumped out of the boat, swam ashore, away he went, and was never heard of.

Mr. MACON, Mr. W. SMITH, Mr. NICHOLAS, Mr. FITZSIMONS, and several other members, spoke to the question. Numerous inconveniences were service." stated, as arising from the present arrangement of The House proceeded to consider the said mes-Courts of Law. One particular circumstance may sage. Whereupon,

Resolved, That a conference be desired with the Senate, on the subject-matter of the amendment

serve as a specimen. In some places of the Southern States, a person may, for a cause of twenty dollars, be put to the trouble and expense of travel

ing backwards and forwards, to the extent altogether of nine hundred miles, before he can be sure of obtaining a decision. It was admitted that considerable grievances of this kind existed, but to point out an effectual remedy seemed very difficult.

Mr. FITZSIMONS was of opinion that the House should endeavor to expedite this affair, if possible, as they had many other subjects on hand; and if they did not quicken their progress, he foresaw that, at the end of the session, a great part of the public business would remain undone. He therefore recommended despatch.

The Committee then rose, reported progress, and had leave to sit again.

TUESDAY, April 29.

A message from the Senate informed the House, that the Senate agree to the conference desired by this House, on the subject-matter of the amendment disagreed to by this House, and adhered to by the Senate, to the first section of the bill, en titled "An act to encourage the recruiting service," and have appointed managers at the said confer

[H. OF. R.

not affect the question before the House. Mr. S. was ready, and had long been so, to give his voice for dismissing the petition of Mr. Trigg. He had not the smallest shadow of doubt upon the matter. Mr. MACON was of the same opinion. It had been asserted that in this case the laws of Virginia had been violated. He would be glad to learn what law.

Mr. W. SMITH considered it as a very clear point that the election was not a fair one, because it was evident that the petitioner had not enjoyed an equally fair chance with the sitting member. It was true, that some facts in the petition had not been completely substantiated, but many had. The House had been told that hearsay testimony was unworthy of attention: but he wished to remind them that they were not, like a Court of and not to go beyond the letter of it. They were Law, restricted to proceed upon regular proof, entitled to hear and weigh everything advanced, and to form their opinion from the general conSome facts of the most unwarrantable kind had viction arising upon the whole circumstances. guarded the door of the Court-house where the come out. Three of Captain Preston's soldiers election was held. When a person, since examined as an evidence, wanted to go in, they The House resumed the hearing on the trial of stopped him with this question-"Are you to vote the contested election in the case of the petition for Trigg?" Upon answering yes, they replied, of ABRAM TRIGG, complaining of an undue elec-"By Jesus, then, you shall not:" and though he tion and return of FRANCIS PRESTON, to serve as a member of this House for the State of Virginia; and the observations, in writing, of the petitioner, on the depositions and other exhibits in the said case, being read, and the sitting member fully heard in his defence, the parties retired from the bar.

ence on their behalf.

CONTESTED ELECTION.

The House then proceeded to a decision on the said contested election; and—

Mr. TRIGG and Mr. PRESTON spoke, each of them, for some time, to the merits of the case.

was fifty-eight years of age, two of them laid hold upon him and cast him to the ground; when he got up again, he went off. Mr. S. said that there was a clear collusion between Captain Preston and the soldiery.

[Here Mr. PRESTON interrupted Mr. SMITH, by declaring that there was no such thing in the evidence.]

Captain Preston and the military. It was objected to Mr. S., on the part of the soldiers, that they had only said they could, not that they would knock down Mr. Trigg's voter. But Mr. S. considered this critical distinction as minute and trifling, from the lips of a soldier in liquor. He did not understand its accuracy, and he imagined that his own nerves must have been as much affected by the could as by the would. Many of the country people had expressed much dissatisfaction with the soldiers. It was proved that when the fray began, Captain Preston had wished to have twenty of his soldiers there; and this hint was no sooner given than a person ran off, and immediately returned with a party of them.

Mr. S. affirmed that there was. [The Clerk was then directed to read part of the examination of the witnesses, when the particulars above stated Mr. SCOTT then rose.-He declared that, of all appeared in the proof,] and Mr. S. insisted that the questions which had ever come before that they contained a demonstration of collusive meaHouse. the present was to him the most wonder-sures between the sitting member, his brother ful. To tell us that an election had been overruled by a party of soldiers, was indeed extraordinary. Upon such an outrage, it was most astonishing that the whole country did not rise, as one man, to resent and punish it. But, for his own part, he saw the matter in an opposite point of view. He could not, for his soul, discover the smallest pretence to set aside the election of Mr. PRESTON, nor could he comprehend or conceive upon what ground so strange a notion had been started. As for Captain Preston, brother to the sitting member, whose conduct had been so loudly excepted against, Mr. S. said, that his behaviour at the election was that of a sage: instead of the fire of youth, he had discovered all the moderation that could have been expected from the character of a philosopher. As to the introduction of soldiers at the election, he saw no harm in it. They had a right to be there, for they were equally entitled with other American citizens to give their votes in the choice of a Representative. The quarrel that succeeded was accidental, and did

Mr. SHERBURNE was for supporting the sitting member. He wished that the time of the House might not be squandered in an useless display of eloquence; it was, to be sure, very agreeable to the speaker himself, but at the same time very superfluous in regard to his audience.

[The Clerk was again ordered to read some

passages in the proof, as far as they respected the behaviour of Captain Preston.]

[APRIL 1794.

character. But it was the misfortune of the Southern States, that their citizens assembled in large bodies; the Electors of a county meet all together, before the Sheriff, and give their votes at the same time. Hence it appears, that an election in the Southern States is nothing but a nursery of superlative mischief. He said that he was somewhat surprised at hearing another member [Mr. W. SMITH] express so much resentment at an election riot. The gentleman had access to the history of a certain election, where the very Chancellor of a Court of Justice bred a riot in his own Court, for the express purpose of serving his party. Much had been said about the enormity of knock

Mr. W. SMITH then rose a second time. As a member of the Committee that had been chosen upon this subject, he was entitled to vindicate their report, of which he read some extracts very unfavorable to the behaviour of the soldiers. Mr. S. observed that Mr. PRESTON, in his defence, had been extremely profuse of his censure on the Committee, for doing what they considered to be their duty. Mr. S., referring to the observations of Mr. SHERBURNE, said that he was perfectly in order for defending the report of the Committee, because it was justified by the facts. Though the quarrel between the soldiers and the country peo-ing down a Justice of the Peace; and in the reple did not happen till after the poll, yet still it arose from bad blood before the poll began, and therefore a reference to it was strictly in order. Mr. SMITH said, that it was no part of his intention to injure the character of Captain Preston, who, when the tumult began, took off his sword and gave it to some person to hold. For this moderation Captain Preston deserved credit. But still Mr. S. considered himself as justified in opposing the election, since it was not conducted with that fairness, that regularity, and that equality of chances, requisite upon Republican principles. He read a quotation from Blackstone, as to elections: "Violent interposition!" says that writer; "what is it, but to cut Government up by the roots, and poison the foundation of public security?" He dwelt at some length on this idea, and on the peculiar impropriety of military interposition. He said Mr. PRESTON had only a majority of ten votes; and when the circumstance of sixty or seventy soldiers driving off the voters of Mr. Trigg was opposed to such a narrow majority, could anybody call this transaction legal?

[At the words "ten votes," Mr. S. was twice interrupted; first by Mr. MACON, and next by Mr. S. SMITH, of Maryland; but he persisted in his assertion.]

He had stated facts: the premises were obvious. Shall the House suffer an officer, the brother of a candidate, to seize the door of a Court-house, and turn away the voters against his brother? It had been said that it was customary, in that part of the country, for a candidate to collect his friends, and block up doors; but surely it was a very improper custom. The sitting member had said, that if his brother made any wrong step he should have been prosecuted in a Court of Law. Mr. S. did not mean to say that Captain Preston had committed any offence worthy of that. He did not perhaps imagine that he was doing any wrong at all. It had been asked-Was it possible that sixty or seventy unarmed soldiers could overawe two or three hundred people? He thought it possible.

Mr. S. SMITH, of Maryland, defended Mr. PRESTON. He said, that in forming an impartial judgment upon this question, various circumstances must be taken into consideration, besides the facts in evidence before the House. In elections in the Eastern States, the citizens met in small bodies, and they conducted the business with that order and decency which became the true Republican

port of the affair, it was stated as if the Magistrate had been at the Court-house in his official capacity. Now, sir, said Mr. S., in this part of it the report is not fair. The Justice of the Peace was not there in his official capacity. He was there drunk, sir; and he gave the first blow, sir, to the man who knocked him down. Mr. S. had, by the first accounts of this election, been very much prejudiced against the election of the sitting member; but when he came to examine closely into the subject, he declared that he had never known an election in the Southern States where there was so little mischief. He was sorry, for the honor of his part of the country, to give this account of it to the Eastern members, but in point of common justice to Mr. PRESTON, they ought to be informed that a Southern election is quite a different sort of transaction from one of theirs.

In the evidence before the House, it had been stated that one person was seen at the Courthouse with a club under his coat. But, sir, said Mr. S., I suppose that five hundred of my constituents had clubs under their coats: so that if this be sufficient for putting an end to an election, the Committee may begin by dissolving mine. If the Committee are to break up every election where persons were seen drunk, they will have a great deal of work upon hand, sir. In what way were elections for Southern members carried on? A man of influence came to the place of election at the head of two or three hundred of his friends; and to be sure they would not, if they could help it, suffer anybody on the other side to give a vote, as long as they were there. It was certainly a very bad custom, and must very much surprise an Eastern member; but it was the custom, and perfectly known to be so; and therefore it was very injurious to hold up the conduct of Captain Preston as a pretence for dissolving the election. The behaviour of that young gentleman, when insulted, had been exemplary. In the midst of a riotous mob he gave away his sword, that he might do no mischief in that way. This was a great instance of moderation and presence of mind. The aspersions cast upon the character of this officer Mr. S. regarded as highly unjust, and they might, if not properly taken notice of, be extremely injurious to his hopes of advancing in the service. Captain Preston had gone to the Courthouse as a private citizen, and he had a right to

WEDNESDAY, April 30.

[H. of R.

Mr. CLARK, from the committee to whom was referred the petition of the inhabitants of Post St. Vincennes, communicated by a written Message from the PRESIDent of the UniTED STATES, of the fifteenth instant, made a report, which was read and ordered to lie on the table.

be there. As to the menace of the soldiers, that they could knock down one of Colonel Trigg's voters, this was very different from asserting that they would do it. Were a man to have come up to Mr. S., in the street, and say, "I will knock you down, sir," Mr. S. would be for striking that man; but were he only to say, "I can knock you down, sir," the expression would be quite different. But, as to the affray that fell out after the election was over, Mr. S. asserted that, if the soldiers had kill-tee of the Whole House on the report of the com

ed all the country people, or the country people had killed all the soldiers, this had nothing to do with the merits of the election itself. And as to this quarrel, few young men had the temper of this young officer, [Captain Preston,] in ordering off his soldiers; so that instead of the censure of that House, he deserved their praise. At his age, Mr. S. would not have ordered his men off; and as to the censure on the military, inserted in the report, he did not agree with it. It would be a very fine reason, to be sure, to vacate a seat in that House, because one of the Electors had been seen with a club under his coat! Mr. S. was sorry to give such a description to the Eastern members, of the manners of his country; but he did so, that he might hinder them from being hurt at the facts brought forward in the evidence. He concluded, by reminding these members that it would be ridiculous to measure one thing by another, which was perfectly opposite, or to judge of a Southern by the customs of an Eastern elec

tion.

Mr. CLARK said, that three days had now been spent upon this business. Long speeches did not alter the way in which members were to give their votes, and they were therefore nothing but a loss of time; he wished for the question.

Mr. MACON said that there was no law to hinder the militia from attending elections.

Mr. GILLON spoke for a few minutes. He saw no reason why another member [Mr. W. SMITH, of S. C.] should be so much hurt by the circumstance of an election riot. Referring to the speech of Mr. S. SMITH, he observed, that there was a riot at the gentleman's own election, and in his own favor; and still worse, this riot was in a Church: the riot was raised by a Magistrate, who, with his own hand, dragged one of the opposite party out of the Church. And if you want evidence of all this, said Mr. GILLON, I myself was present, and can be a witness. Mr. G. saw, therefore, no reason why there should be such a noise about this election in particular, when others were just as bad, or a great deal worse. The member [Mr. PRESTON] was duly qualified to hold his seat, and Mr. G. hoped that he would hold it.

Mr. SEDGWICK, Mr. NICHOLAS, Mr. LYMAN, Mr. LEE, and some other members also spoke; but it is not necessary to go into further detail. The question was at last called for. Mr. AMES proposed that the yeas and nays should be taken, but this was not done.

The petition of Mr. Trigg, and the report of the Committee upon it, were rejected, without a division.

And the House adjourned.

The House again resolved itself into a Commitfurther revenues are necessary, to report the ways mittee appointed to inquire whether any, or what, and means; and, after some time spent therein, the Committee rose and reported progress.

INDEMNITY FOR SPOLIATIONS.

Mr. GOODHUE laid on the table the following resolution:

of Civil Government, to protect the persons and pro"Whereas, it is a primary object in the establishment perty of its citizens from the violence of nations as well as individuals; and whereas many of the citizens of the United States have suffered great losses, by spoliation made on their commerce, under the authority of Great Britain, in violation of the Law of Nations and the rights of neutrality:

66

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, That the United States will guarantee an indemnification to all such citizens of the United States, whose property may have been captured and confiscated under the authority of Great Britain, in violation of the Law of Nations and the rights of neutrality."

At the same time, Mr. GOODHUE observed, that as the session was drawing towards a close, it behoved Congress to take the subject of the spoliations made on our commerce into consideration, and quiet the mercantile interest of this country, by assurances that indemnification should be made for the immense losses they had sustained by British spoliation, to which, upon every principle of justice as well as policy, they were entitled. He had specified no fund from which the indemnification should be made, as he conceived we should be better prepared to do that when the result of the intended negotiation was known, than we were at present. He then moved that this resolution be referred to a Committee of the Whole House.

Mr. SEDGWICK wished that the subject might be treated in the abstract, without any reference to collateral questions. He had not formed his mind on the subject.

Mr. NICHOLAS thought that the motion should be referred, not to a Committee of the Whole House, but to the committee that had already a motion of this kind before them, and likewise petitions on the same subject from various parts of the Union. He did not wish to go into the subject, till he knew the sentiments of the gentleman [Mr. SEDGWICK] on the mode of refunding to Government, which was not to undertake so great a task without a view to retribution. [Mr. N. seemed here to refer to the scheme of forcing Britain to refund.] If we engaged to pay these losses, referred to in the resolution upon the table, it was proper at the same time to secure a fund for the discharge of them. It was, no doubt, a very hon

H. OF R.]

Fortifications-Public Credit.

[MAY, 1794.

orable idea to refund to the citizens of America a place of refuge for bay-craft when pursued. The the losses sustained in trading under her protection; but the principle laid down in the preamble to the resolution, extended very far. By the same doctrine, we should be bound to repay the damage committed by the Algerines, and by the Indians on the Western frontiers. Was the gentleman [Mr. SEDGWICK] prepared to vote for making up the losses of the farmers in the back settlements, for all the murders committed on their settlements for a series of years past? That gentleman had been always opposed to retaliation, and Mr. N. could not consent to discuss the one resolution, unless he was assured that he was to be supported by the other.

Mr. SEDGWICK said, as to the present resolution, he had never heard of it till this morning, and so he could not speak to it. He was perfectly convinced of the propriety of discussing the resolution for indemnification, independently of any other question.

Mr. SMILIE insisted that the resolution just now laid upon the table should be connected with a second, for securing indemnification to the American Government. By this he referred to the scheme of retaliating on Britain.

bay was often infested with privateers and gunboats; and had it not been for the fortification of Annapolis, which was convenient to the navigation, many vessels would not have ventured out of harbor. All the experience of the last war showed the propriety of again fortifying that harbor. If that were done, the city would not only be secure, but a confidence would be given to the navigation of the Chesapeake; and this bay is really a Mediterranean on a smaller scale. Mr. M. said, that he believed he did not over-calculate the navigation of that bay by saying, that one side of it-the Eastern Shore-had as many water-faring men employed, in proportion to the whole number of the inhabitants, as any part of the Union. Annapolis, besides giving occasional protection to vessels, was the capital of the State. As such, it was the depository of the Treasury of Maryland, of the records, in which the rights and titles to land of a great portion of its inhabitants were deeply involved, and it was the Seat of Government. To leave it defenceless, was to commit the peace, rights, and interests of the State to accident, and eventually to the confusion which would ensue from an attack on those objects of public care and attention. These considerations did not, he thought, apply to any other of the ports which had been struck out in the Senate, among which Annapolis fell, with others of small commercial character. He bethe citizens of Maryland in general, were very much excited in favor of this measure; and he trusted that those who saw the peculiar situation and character of the city, would immediately perceive that there were a number of striking considerations that applied in favor of its defence, which did not so forcibly apply to the other small ports which had been omitted.

Some other members spoke a few words; and Mr. MADISON had then risen on this motion, viz: for a Committee of the Whole House on the resolution of Mr. GOODHUE, but he was informed, by the SPEAKER, that it had been just then with-lieved that the wishes of his constituents, and of drawn.

FORTIFICATIONS.

The House resolved itself into a Committee of the Whole House on the bill supplementary to "An act to provide for the defence of certain ports and harbors in the United States."

The CLERK read a memorial from Annapolis, and

Mr. BOURNE moved that the Committee rise and report the bill.

Mr. HEATH did not rise to controvert the remarks of Mr. MURRAY, but he wanted other towns to be comprehended in the bill. He proposed an amendinent.

Mr. HILLHOUSE objected to this motion. Mr. FITZSIMONS thought it proper to fortify The Committee agreed to this bill by a large Annapolis; the expense was but a mere trifle. As majority, and without amendment. The Comto the Senate having formerly rejected this pro-mittee then rose, and the Chairman reported proposal, that rejection had not any weight with him.

Mr. MURRAY said, that the gentleman [Mr. HILLHOUSE] Could not have heard the memorial from Annapolis, or he believed that he would not have opposed the bill. The memorial stated a number of facts, which arose from the peculiar circumstances of Annapolis. Whoever would attend to the situation of that city, would see that there were reasons existing for its defence which particularly applied. It was situated near the mouth of the Severn, and about the centre of the Statenear the bay, and quite exposed to an enemy. That it would be easily fortified, was proved by the experience of the last war, when a fortification not only defended the city, but gave confidence to the navigation of the Chesapeake. At that time, the only fortified place in Maryland was the town of Baltimore, which, as being situated near the extreme parts of the bay, could not have furnished

gress.

Mr. W. SMITH next moved, as an amendment, that the PRESIDENT should be authorized to add any other places that he thought proper, to the number of ports and harbors to be fortified.

Mr. S. SMITH considered the amendment as unnecessary; and, after a short conversation, it was withdrawn.

The bill was then ordered to be engrossed for a third reading.

THURSDAY, May 1.

An engrossed bill, supplementary to "An act to provide for the defence of certain ports and harbors in the United States," was read the third time, and passed.

PUBLIC CREDIT.

The House again resolved itself into a Committee of the Whole House on the report of the