Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)

by United States. Congress

Monday, February 5.

Mr. D. Foster reported a bill for the relief of Oliver Pollock, which was committed for Wednesday.

French Outrages.

The following Message was received from the President of the United States:

Gentlemen of the Senate, and Gentlemen of the House of Representatives:

I have received a letter from his Excellency Charles Pinckney, Esq., Governor of the State of South Carolina, dated the 22d October, 1797, enclosing a number of depositions and witnesses to several captures and outrages committed within and near the limits of the United States, by a French privateer belonging to Cape Francois, or Monte Christo, called the Vertitude or Fortitude, and commanded by a person of the name of Jordon or Jourdain, and particularly upon an English merchant ship named the Oracabissa, which he first plundered and then burned, with the rest of her cargo, of great value, within the territory of the United States, in the harbor of Charleston, on the 17th of October last. Copies of which letter and depositions, and also of several other depositions relative to the same subject, received from the Collector of Charleston, are herewith communicated.

Whenever the channel of diplomatical communication between the United States and France shall be opened, I shall demand satisfaction for the insult and reparation for the injury.

I have transmitted these papers to Congress, not so much for the purpose of communicating an account of so daring a violation of the territory of the United States, as to show the propriety and necessity of enabling the Executive authority of Government to take measures for protecting the citizens of the United States and such foreigners as have a right to enjoy their peace, and the protection of their laws, within their limits, in that as well as some other harbors which are equally exposed.

JOHN ADAMS.

United States, February 5, 1798.

This Message, with the documents accompanying it, was referred to the committee for considering on proper measures for the protection and defence of the country.

Breach of Privilege.

Mr. Sewall moved the House to take up the report of the Committee of Privileges, in order that it might be committed to a Committee of the Whole.

Mr. R. Williams wished to know whether evidence could be heard in a Committee of the Whole.

The Speaker said, the House might authorize the Committee of the Whole to hear evidence.

Mr. Sewall moved the report to be committed. If gentlemen wished evidence to be heard before the committee, they would, of course, make an addition to his motion. For his own part he thought it unnecessary.

Mr. Nicholas had no objection to evidence being heard before a Committee of the Whole, except that it might involve the subject in some embarrassment; as it was possible that a majority of the committee might come to a decision which, according to the constitution, it would require two-thirds of the House to confirm. He saw no reason for going into a committee, except that the Speaker would have to give his testimony; but he did not see why the Speaker might not give his testimony from his seat, as well as from any other place. By going into a committee, the subject would take up a longer time than it otherwise would do, as they should have twice to go over the same ground.

Mr. R. Williams was in favor of hearing the evidence before the committee.

Mr. Thatcher was not of opinion, with the gentleman from Virginia, that this matter should be run over as soon as possible. He thought it of infinite importance, as it respected the dignity of the House and the people at large, and he hoped it would go through every form of the House.

The question for a commitment was put and carried, and it was made the order for this day.

Mr. Nicholas then moved that the Committee of the Whole be authorized to examine testimony, and called for the yeas and nays upon the question; which being agreed upon, they were taken, and, so little opposition was there to this mode of proceeding that the question was carried, 88 to 4. The negatives were Messrs. Gordon, Sewall, Sitgreaves, and Thatcher.

Mr. D. Foster moved that the committee should be authorized to report the whole of the evidence, as he thought it was important it should be entered upon the journals. Carried.

The House then resolved itself into a Committee of the Whole, Mr. Dent in the chair, on this subject.

Mr. Thatcher said it would be necessary that a Judge should attend to administer an oath to the members who should be called upon to give their testimony.

The Chairman informed the committee that the Judge of the District Court was in the House.

Judge Peters was accordingly called upon.

Mr. Rutledge desired an oath might be administered to the Speaker, Messrs. S. Smith, Brooks, Hosmer, Coit, Dana, Goodrich, and Champlin; which was accordingly done.

Mr. Rutledge said, if there should be occasion, he should also call upon Judge Chipman, a Senator from Vermont, as an evidence.

Mr. Chipman was, towards the close of the sitting, also sworn.

Some conversation took place as to the best mode of taking the evidence, whether, as it was to be reported to the House, it should be received from the witnesses in writing, leaving them to be questioned afterwards by the members of the committee, or whether it should be given viva voce, deliberately, and taken down by the Clerk. The latter mode was at length adopted, and the Speaker proceeded to give his testimony.

[Taking the testimony in this case, and the debates upon it, occupied the House until the 12th of February, when, a motion having been made to amend the resolution of expulsion, by substituting a reprimand, a vote was taken on that question, and negatived—52 to 44. The vote was then taken on the resolution of expulsion, and stood yeas 52, nays 44. The constitution requiring two-thirds of the members present to carry a vote of expulsion, the Resolution was declared by the Speaker to be not carried. The following were the yeas and nays:]

Yeas.—George Baer, jr., Bailey Bartlett, Jas. A. Bayard, David Brooks, Stephen Bullock, Christopher G. Champlin, John Chapman, James Cochran, Joshua Coit, William Craik, Samuel W. Dana, Thomas T. Davis, John Dennis, George Dent, Thomas Evans, Abiel Foster, Dwight Foster, Jonathan Freeman, Henry Glenn, Chauncey Goodrich, William Gordon, William Barry Grove, Robert Goodloe Harper, Thomas Hartley, William Hindman, David Holmes, Hezekiah L. Hosmer, James H. Imlay, John Wilkes Kittera, Samuel Lyman, James Machir, William Matthews, Daniel Morgan, Lewis R. Morris, Harrison G. Otis, Isaac Parker, Josiah Parker, John Read, John Rutledge, jr., James Schureman, Samuel Sewall, Wm. Shepard, Thos. Sinnickson, Samuel Sitgreaves, Nathaniel Smith, Peleg Sprague, George Thatcher, Richard Thomas, Mark Thompson, Thomas Tillinghast, John E. Van Allen, and Peleg Wadsworth.

Nays.—Abraham Baldwin, David Bard, Lemuel Benton, Thomas Blount, Richard Brent, Nathan Bryan, Samuel J. Cabell, Thomas Claiborne, Wm. Charles Cole Claiborne, Matthew Clay, John Clopton, John Dawson, Lucas Elmendorph, Wm. Findlay, John Fowler, Nathaniel Freeman, jun., Albert Gallatin, William B. Giles, James Gillespie, Andrew Gregg, John A. Hanna, Carter B. Harrison, Jonathan N. Havens, Walter Jones, Edw. Livingston, Matthew Locke, Nathaniel Macon, Blair McClenachan, Joseph McDowell, John Milledge, Anthony New, John Nicholas, Thompson J. Skinner, Samuel Smith, William Smith, Richard Sprigg, jun., Richard Stanford, Thomas Sumter, Abram Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, Abraham Venable, and Robert Williams.