Wednesday, February 20.
Matthew Lyon, from Vermont, appeared, and took his seat in the House.
Alien and Sedition laws.
Mr. Livingston said, he had received, under cover, a number of petitions from the State of Vermont, praying for a repeal of the alien and sedition laws, which he begged leave to present to the House. One of which having been read, in which, among their other objections to the laws, the petitioners complain of having been deprived, by the sedition law, of their Representative in Congress for the greater part of the present session; Mr. L. moved to have the whole referred to the select committee to whom was referred the other petitions relative to this subject; but on Mr. Gallatin's suggesting that he understood that committee is ready to report, and that it would therefore be better to suffer the petitions to lie on the table until that report is made, and then have the whole referred to the same Committee of the Whole; that course was taken.
Capture of French Vessels.
The House took up the report of the Committee of the Whole on the bill for encouraging the capture of French privateers, by allowing a bounty on guns, and the motion being to concur in the agreement of the committee to strike out the first section of the bill,
Mr. Macon said, there were some other observations made the other day, when this subject was under consideration, which he thought very foreign to the subject. The history of this bill during the last session was given. The House was told it was three times rejected—once by trick. He was surprised to hear two gentlemen make use of this expression. If there was any trick, it certainly was among those gentlemen who had so frequently brought the subject before the House. It had been said, also, that it was once rejected by accident. It was the first time he had ever heard it urged as a reason for reconsidering a subject, that certain members had before voted accidentally upon it. Another reason was given, that the vote in the Committee of the Whole had been improperly obtained, by taking advantage of a mistake of the Chairman. By the rules of the House, Mr. M. said, the Speaker, or Chairman of a Committee of the Whole, has a casting vote, or they may tie a vote; but, after the Chairman had declared the question carried, it might be supposed he did not mean to vote, or if he did that he meant to vote with the majority.
Mr. M. said, he had seen a letter printed in the papers from one of our naval commanders in the West Indies, wherein he says, that American vessels sail into the neighborhood of the French islands, in order to be carried in; that they afterwards get away, pretending to have made their escape, and soon return with another cargo. He also mentions having fallen in with one of these vessels evidently steering for a French island, but the vessel's papers were so well managed, and the captain and mate understood each other so well, that he could make nothing of them. If, said Mr. M., the laws for suspending our intercourse with France and her possessions can be so easily evaded, might it not be expected that this law would be evaded, and that privateers might be fitted out in the West Indies, and brought to a certain latitude, for the purpose of being taken? He had no doubt this would be the case.
Mr. McDowell said, that when this bill was before under discussion, he had stated that our situation with respect to France appeared to be more favorable than last year. This was denied by the gentleman from Massachusetts (Mr. Otis.) He considers our danger greater, and this bill more necessary than at that time; and has gone on to remark, that all that was said about our improved situation with respect to France, were songs only fit for children, and not for the people of America. He was of a different opinion; they were the songs of peace, and as such, he believed, suited to the people of this country, who wish to live in peace. And if that gentleman knew more of the evils attendant on war than he does, he certainly would not be so ready to embrace them as he appears to be.
But he thought the gentleman from Massachusetts mistaken as to our situation; he believed it to be much better than it was at the last session. He formed this opinion from the despatches of Mr. Gerry, who declares it to be his opinion, that France is sincerely disposed to make peace; and more particularly from the President having nominated a Minister to treat with France, though he had declared he never would send another Minister until he should receive assurances that he would be received as the Minister of a great, free, and powerful nation. He supposed, therefore, that the President has received these assurances, and that we have, on this account, some reason to hope, that a reconciliation between the two Governments will take place.
He was opposed to this bill, because it might be the means of bringing the country into difficulties and war; it was giving to one part of our citizens the power to embroil the whole. No necessity has been shown to exist for this law; it is, indeed, said to be necessary to keep down the privateers of France, but we find by letters which have just been published, from the commanders of our armed vessels, that there are very few to be seen. But supposing there are yet a number of them, what better use can our public armed vessels be put to than to go after them? They must either be employed in doing this, or sent where he did not wish them to go, to the European seas, or kept useless at home.
Mr. Gallatin would not have troubled the House on this subject, had it not been for the remark of the gentleman from Massachusetts (Mr. Otis) immediately before the adjournment took place on Monday. He told the House that the vote on this subject ought not to be influenced by the nomination of a minister to go to France; and he precluded any answer being then given to the remark, by moving an adjournment.
For my part, said Mr. G., I do not consider this bill as very important in itself, and I have always been at a loss to know why there appeared to be so great an anxiety to have it passed. It is said, we ought not to recede from the ground we have taken; and really, from the arguments of the gentleman from Massachusetts, it would appear that there was a motion before the House to prevent our merchants from arming their vessels, or our public vessels from taking French privateers. This measure brings us to the question, not whether we will recede, but whether we will progress. The object of this bill is not to authorize any new measure, but it is to give a bounty to merchants to do what they are already authorized to do. The only question is, whether it will promote the taking of French privateers? He believed it would produce no effect at all, except the blanks in the bill are to be filled with sums which would produce a very serious demand on our treasury. The object of merchants is to make a safe and quick voyage, and if privateers will keep out of their way, they will never go in search of them: and if they should fall in with a privateer, their aim would be self-defence, and not capture, since to attempt this might hazard the loss of their vessel and valuable cargo, and take from them means of defence against any other attack, since they must put their own men on board the captured privateer.
It is clear, therefore, said Mr. G., that one of two things must take place, either we must give such a bounty on the guns of privateers as will make the expense of taking them greater than the benefit, or else it will become a mere matter of speculation, or small vessels will be fitted out on purpose to obtain the bounty. When privateers are taken by other countries, they are always taken by their vessels of war, and seldom by letters of marque.
But it is said this measure ought to be taken, in order to strengthen the hands of our Minister, by showing our determination to resist, in case an accommodation does not take place. On the same grounds, Mr. G. said, a declaration of war might be urged.
As to the effect to be expected from the appointment of a Minister to treat with France, he considered it merely as opening a door to negotiation. He agreed with the gentleman from Massachusetts, that it ought by no means to be considered as putting an end to the dispute between the two countries. It may succeed, or not. But this step having been taken, he did not think proper to go into a measure of this kind, especially since it can be attended with so little good effect.
Mr. Josiah Parker said, when he gave notice to the House on Monday of the nomination of a Minister to go to France, and declared that, on that account, he should vote against this bill, he did not do so because he was willing to relax from any of our measures of defence or offence against the French; but because he thought the measure proposed by this bill puerile and ineffectual, and therefore unnecessary. When he made this declaration, he was sorry to differ in opinion from the gentleman from Massachusetts, with whom he had had the honor to vote very frequently. At the same time that he said this, he declared himself ready to abide by every measure of defence yet adopted, and even to take higher ground than has yet been taken: for he had no opinion either of the magnanimity or sincerity of the French Republic. He believed they had no desire for peace, except such as arose from their changed situation. He thought it better, however, not to go into any little, irritating measure, like this. The President had heretofore told the House that he would never send another Minister to France until he received assurances that he would be properly received; he believed the President had received these assurances from the French Minister at the Hague, through our Minister there.
Mr. P. thought the second section of this bill, allowing a salvage on the retaking of any of our vessels, ought to pass; the first he hoped would be struck out.
Mr. Pinckney was sorry to differ in opinion from the gentleman just sat down as to the expediency of passing this bill. He did not think it a measure of great importance; but, as an additional measure of defence, it may have some effect, and he was therefore for agreeing to it. He thought the gentleman from Pennsylvania (Mr. Gallatin) had put the prospect of a negotiation with France upon a proper footing; and he agreed with that gentleman that we ought not to vary the ground we have already taken; but he did not think that any augmentation of force would be going off the ground originally taken.
What, asked Mr. P., was the ground taken at the last session, and acted upon at this? It was, that we should, by all means in our power, prepare for our defence, more especially that we should add to every measure of defence to which our revenue is adequate, on the ocean. We have shown this to be our determination both at the last session and this, and our preparations have only been limited by our ability to make them. This measure, therefore, is a continuance of the same ground.
This bill reverts, therefore, altogether upon the question of expediency, and this he thought the proper footing on which to place it. The gentleman from Pennsylvania has objected to its expediency, because he says it will be inefficacious. Mr. P. would give a short answer to this, which was, that its expense will be commensurate with its utility. There is no doubt, if it has any effect at all; if it induces any private armed vessels of the United States to bring into our ports privateers which are depredating on our commerce, no moderate reward could be too great to be given for this advantage. And if there is nothing done; if the law proves ineffectual, then the public is nothing out of pocket. It is one of those cheap expedients which may be beneficial, but which can have no bad consequences.
Mr. Harper believed that gentlemen, in their deliberations on this subject, have fallen into some mistakes as to the course which this bill took at the last session. Mr. H. gave the history of this bill, and also spoke of the decision which had taken place in Committee of the Whole as by no means conclusive. On the general policy of the measure, he was not inclined to make any observations. He believed it was well understood; but he would not omit this occasion of declaring, that, in his opinion, its policy had not been changed by the nomination which has taken place of a Minister to treat with the French Republic.
It is said that an intimation has been made, not through the Dutch Minister, but through the Secretary of Legation at the Hague, to our Minister there, that the French government is disposed to receive any Minister Plenipotentiary which we may choose to appoint, suitable to the dignity due to the representative of a great, free, and independent nation. This intimation having been given to the President, he has thought it proper to meet the advance so far as to nominate a Minister, which Minister is to go to France, provided he shall receive assurances of being properly received, and a Minister of equal rank appointed to treat with him.
This change, Mr. H. said, from haughty insolence; from the expulsion of our Minister; from a demand of tribute; from requiring apologies for speeches; from outrage and insult, to the mild language of supplication, must certainly have been owing to the measures of this Government, and therefore clearly evinced the policy and propriety of these measures. We have thus far, said Mr. H., seen the good effects of buckling on our armor, at the same time that we hold out the olive branch. And instead of relaxing, we ought now to brace up the system; not that he would wish to take any new ground but merely reinforce and invigorate the system already established. This he thought the true policy of this country. Whether this application for a negotiation on the part of the French Republic may arise from sincerity, or from a wish to wheedle this country to their own advantage, or because they perceive we are not to be bullied into submission, and therefore it is best to live on friendly terms with us, he held it wise policy in us to enlarge our means both of defence and offence, until our dispute with France is brought to a close. He, therefore, thought it of more importance to adopt this measure now than heretofore; because, if it is not carried, it may be supposed that we have forborne to adopt it, because we are disposed to relax the instant we have information that a negotiation is likely to be opened, and that they may at any time unnerve our arm by a proposition to negotiate. Therefore, if he had before been against this measure, he should now be in favor of it, because, if it had no other good effect, it would convince the government with which we are about to treat, that the same vigorous measures which have produced this negotiation will still be continued, and that though we are treating for peace, we are preparing for war, and that we are determined to do ourselves justice, if they refuse to do us justice. For these reasons he hoped the bill would pass.
Mr. Livingston said, that considering how great a favorite this measure had been of its partial parents, it was the most unlucky child that ever showed its face in the House. It had scarcely seen the light at the last session, when it was lost in the short passage from its nursery in the committee to the House, because those who were most interested in its preservation, by accident, did not happen to vote for it. Another accident of the same nature prevented its passage when it was again attempted in the same session. At the interval of a year, the same ill fortune seemed to pursue this unlucky bantling. It had scarcely taken its first step into existence when the same forgetfulness seemed to seize all those who had the care of it. Again, it was lost in the committee; again it accidentally expired; and all the efforts to revive it, he believed, would be in vain. Mr. L. then went into a history of the bill to show that it was lost, not by accident, but because a majority were opposed to it.
Mr. L. said, he understood that France proposes to receive a Minister from this country on the very terms upon which only the President of the United States has heretofore said he would ever send one. It was said to be improper to recede from the ground we have taken on this account, because the French may not be sincere. He had heard no such idea suggested, and gentlemen certainly do wrong in imputing motives to others without foundation. But when gentlemen come to the merits of the bill, they touch them very lightly. They tell you it is part of our general system of defence. Is this the case? How is it to operate? It is to operate as a measure of aggression, not of preservation, or self-defence; and though he was perfectly willing to preserve our present ground, he did not wish to progress in any measures of hostility, especially when so little advantage can be derived from it as is proposed by this bill.
Mr. Dana said that the President of the United States, in his Message to both Houses of the 21st of June last, declared, "that he would never send another Minister to France until he had assurances that he would be received as the Minister of a great, free, and powerful nation." The character of the President of the United States for integrity and political fortitude, is well known and established, and that character is pledged for an adherence to the declaration above recited. Nor had he any idea of his receding from it. With a knowledge of this fact, we are to inquire what is the purport of the information which has been given to this House of a Minister having been appointed to negotiate with the French Republic. For his own part he did not consider the French Government sincere; and he was authorized to think so by the declaration of this House in answer to the President's Speech. Nor did he think the President believed them to be sincere, and he was authorized in thinking so, from his communication to both Houses at the opening of the session. How, then, is the nomination of a Minister to be understood? It was to be understood in the same light in which we used to appoint Commissioners during our Revolutionary war, who were sent to Europe to treat with Great Britain long before we expected she would be willing to treat for peace; but they were possessed of eventual authority. So, in the present case, the authority proposed to be given to our Minister at the Hague, is only to be an eventual authority, that when he receives sufficient evidence of the sincerity of the French Government, he may proceed to treat with them. Nor did he believe that the Senate possessed any document informing them that the President has already received these assurances.
[Mr. D. here read extracts from the President's Address to both Houses, from the address of this House in answer to it, and from his reply; in which the President states he can have no confidence in the sincerity of the French Government, while the decree which condemns our vessels as prizes, on account of having articles of British growth or manufacture on board, is in force.]
We know, said Mr. D., that this decree is, however, yet in force; and yet gentlemen pretend to say that the nomination which has taken place is a proof that the President has now some reliance on the sincerity of the French Government; whereas it is nothing more than a conditional appointment, such as he had already stated. No gentleman will hazard his political sagacity by saying, a negotiation is likely to take place whilst that decree is in existence; nor can any gentleman be found who will apologize for it, if it is so atrocious that its repeal must be an indispensable preliminary to any negotiation which may take place. Believing this nomination, therefore, to be nothing more than the naming of a person to treat with the French Government when it shall condescend to do us justice, the arguments of gentlemen built upon it fall to the ground. And if they attend to the declaration of this House, in the address already alluded to, they will find that we ought to advance in our defensive measures instead of receding, or even remaining stationary.
Mr. Nicholas supposed during the first half of the speech, of the gentleman who had just sat down, that he meant to vote against this bill, for he could not have supposed that he had quoted the President's Message to Congress, in June last, for the purpose of making a declaration such as he has made with respect to it. He supposes that the President has received no assurances from the French Republic that our Minister will be received, though he has heretofore said he never would send a Minister until he had assurances he would be properly received; but that he has appointed a Minister to wait, as it were, at the door of France, for a declaration that he will be properly received. And he supposes that the declaration of the President will in this way be satisfied. Mr. N. believed, if the President has appointed a Minister, he will be received, because he did not believe he would have appointed him until he had good assurances that this would be the case; or, if he has, that he has certainly forgotten his declaration.
The gentleman last up had made use of a very extraordinary argument. He says the French nation is governed by different principles from any other. When we entreat them to be at peace, he says, they insult us; but when we give them cause to wage eternal war against us, they become humble and submissive. Mr. N. believed that this was not the first time that such measures have had this tendency; but it is the first time it has been acknowledged that the measure alluded to (the publication of the despatches containing the unauthorized negotiations of X, Y, and Z, he supposed was meant) was calculated to produce these direful effects. He did fear they were intended to have these mischievous consequences; but he hoped and believed that their being so notorious and palpable have been the means of defeating the intention, and of saving the nation from war, as it showed that the Government of this country had no desire to be at peace. The French saw that a war between the United States and them would have been a war of passion, in which they could have had no possible interest, and which would, above all other things, have proved agreeable to their enemy. They saw that there was a party in this country who wished for this state of things, and he believed the extremity to which things had been carried has defeated the object in view. I do believe, said Mr. N., that France is now disposed to make peace; that she is calling upon us to enter into negotiation, in order that the party in this country who are desirous of war may have no pretext for carrying their wishes into effect.
Mr. N. was astonished, that after a Minister of respectable character, a Minister chosen by the President, and who declared he accepted of the employment from a desire to support his administration, being well acquainted with the disposition of France, from his having resided there a considerable time—has asserted that, previous to their knowledge of the publication of the negotiations of X, Y, and Z, in this country, the French Government were desirous of negotiating a peace; that after having rejected two of our Ministers, and retained a third, the resentments appeared to be satisfied; and that, though, after they had received information of the publication of these despatches, their displeasure was for a while excited, yet before Mr. Gerry left France, the same disposition for peace had returned; though, from the disposition which appeared in this country, they were doubtful how their overtures would be received. And after we have now proofs that they have made overtures, in conformity to the sentiments exhibited in Mr. Gerry's despatches, it was astonishing, he said, that gentlemen should ascribe this offer to negotiate to the effect which the small force we raised has had upon them—a force which could not possibly have availed any thing against such a force as it might be expected would be sent against us, if it was the purpose of France to invade this country.
Mr. Rutledge observed, that the effect of the measures which were taken at the two last sessions of Congress have been so different from what was predicted by the gentleman from Virginia that he was no longer inclined to give credit to his predictions. He has constantly been prophesying, but time and experience have shown his prophesies to be wholly unfounded. It was doubtless in the recollection of the House, that that gentleman thought it would be weak to rely upon a navy; he thought and said that many of the measures formerly taken would plunge the country in war, by causing a declaration of war on the part of France. The gentleman apologized for the length of his speeches, because he thought the measures of the last importance; and that if they were adopted, the scabbard would be thrown away, and it would not be in our power to resume it. But, instead of war, it is now found these measures have obtained for us peace—at least gentlemen say so. The gentleman from Virginia now predicts we shall have peace; but as all the former predictions of that gentleman have fallen to the ground, he trusted a majority of this House will not be inclined to give credit to his present prediction.
Much had been said about the diplomatic skill of France; and he thought her present conduct more deserving of this epithet than any of her former measures with respect to this country. Let gentlemen review the conduct of that country. She first attempted to bully us; but finding that we were not to be frightened, her next object was to obtain delay, in order to afford time for the spirit which had been roused by her injuries, to spend its force. When our Minister, Mr. Pinckney, first arrived in France, he was assured he would be received; but the French had an agent in this country feeling the pulse of the people, and finding that there existed a great deal of French mania, and a party upon whom they could rely, the French Government refused to receive our Minister. This country, still desirous of preserving peace, sent three Commissioners. What was then the conduct of the French Government? Our Ministers remained for months at Paris an unique spectacle, waiting in vain to be received. France has endeavored to palsy our Government—to produce delay—to give time for that noble spirit which has done so much honor to our country to spend itself. When she finds that our efforts to negotiate having failed, we buckled on our armor, and were determined to resist her injustice, the French Secretary of Legation at the Hague is directed to have some conversation with our Minister there; and assure him, notwithstanding this country had done acts enough to justify the most offensive measures, that if he will send another Minister to France, he would be received as an agent of a great, independent, and powerful nation. Gentlemen catch at this; but what is it but an attempt to arrest the arm of the Government of this country, just when it was about to strike a blow? And yet gentlemen are the dupes of this diplomatic skill.
Mr. Livingston was not surprised that gentlemen who had always been the advocates of war, at this critical moment, when all the horrors of peace stare them in the face, should seize every opportunity of postponing that dreaded event by questioning the sincerity of the offer to negotiate. [Mr. Rutledge asked whether this had been done? The Speaker answered in the negative.] From those gentlemen this was naturally to have been expected, and he therefore excused their vexation and dismay. But Mr. L. said he was not a little astonished that others, who at least professed an attachment to peace, should betray such evident anxiety and uneasiness at its approach. The gentleman from South Carolina (Mr. Rutledge) has said that he wishes for peace; that no class of men are more exposed than his constituents, and that he himself would be a great sufferer by war. Such wishes and such motives he was however inclined to believe would have prompted language very different from that which had just been heard. A gentleman really desirous of peace would not, he should have supposed, travel out of the argument to pronounce philippics against those with whom we were treating, or to question the sincerity of overtures which were made in the mode we ourselves had prescribed.
He would not ask gentlemen who pronounce so decisively on the subject; who tell us that no reliance is to be placed in French professions; that they promise only to betray; that, unlike all other nations, they treat us with disdain when we ask for peace, but like spaniels, crouch and fawn upon us when we use them ill, whether they had calculated the consequences of their doctrine? That would be demanding more from them than their conduct had given him a right to expect; but he would ask whether they had attended to dates, when they arrogated to their measures the credit of producing the present disposition for peace in the Government of France? Let it be remembered, said Mr. L., that the most earnest and pressing solicitations for an accommodation were expressed to Mr. Gerry; that he was repeatedly urged to negotiate a treaty, which it was more than intimated he might have on his own terms; and that, after his repeated refusals to treat, a Minister was designated to carry these pacific intentions to America—and all this before any account of those measures on which gentlemen so much pride themselves had arrived in France. Let it not be forgotten, too, that when the account of these measures did arrive, so far from having a beneficial effect, they were very near producing the one for which gentlemen now tell us they were intended, and for which they were indeed admirably calculated—that of provoking on the part of France, a declaration which could not be obtained here. Mr. Gerry very expressively gives us these important facts. He states the evident desire to accommodate before the arrival of the despatches, and the turn which their contents gave to the negotiation. The discussion was turned to unimportant points; the design of sending a Minister was relinquished; and every thing showed a design to protract the business, until it could be ascertained whether the United States were desirous of peace, or would receive a Minister if he should be sent. In this state of things, Mr. Gerry received orders to return. All further intercourse with France then ceased, until the President, by his Message to this House, declared the terms on which alone he would send a Minister to France. No sooner were these terms known, than the assurance is sent in the very words prescribed by the President, accompanied by expressions of an earnest desire to treat. In all this history, subsequent to the departure of Messrs. Pinckney and Marshall, he thought an evident desire had been shown for an accommodation, the sincerity of which he believed it was our duty to test—not by reproachful speeches and hostile measures, but by meeting their overtures for negotiation in good faith; and while we showed our desire for peace, not to trust too much to our wishes, but retain every measure of defence.
The gentleman from South Carolina (Mr. Rutledge) had mentioned delay. France, he said, always conquered by producing delays. This he thought not a very applicable expression to the rapidity with which gentlemen traced their conquests. But on this occasion it was particularly unfortunate. It appears that the overtures which have now been acted upon were communicated by the Minister for Foreign Relations at Paris, to Mr. Pichon at the Hague, and by him to Mr. Murray, on the 28th of September; and we hear nothing of them until the close of February. He did not know when the communication was received here; but there was at least a probability, from the date, that it was before the opening of the session; before the adoption of all the expensive measures we have undertaken; before the loan was opened at eight per cent.; before the intemperate commentary was written on Mr. Gerry's despatches, with which we have been favored by the Secretary of State. Let gentlemen compare the language of that singular State paper with these proposals made to Mr. Murray; let them examine the respective dates, and then let them talk to us of delay.
Mr. Shepard could not think, with the gentleman from New York, that France is serious in her proposals to negotiate; he believed she meant to deceive us; and sooner than be deceived by them, he would fight the ungodly nation. After some other observations, he sat down, with hoping the question would be taken.
The question was put on agreeing to the report of the Committee of the Whole, and carried—52 to 48, as follows:
Yeas.—George Baer, jr., Abraham Baldwin, David Bard, Richard Brent, Robert Brown, Samuel J. Cabell, John Chapman, Thomas Claiborne, William Charles Cole Claiborne, Matthew Clay, John Clopton, Thomas T. Davis, John Dawson, George Dent, Joseph Eggleston, Lucas Elmendorph, William Findlay, John Fowler, Nathaniel Freeman, jr., Albert Gallatin, James Gillespie, Andrew Gregg, William Barry Grove, John A. Hanna, Carter B. Harrison, Jonathan N. Havens, Joseph Heister, David Holmes, Walter Jones, Edward Livingston, Matthew Locke, Matthew Lyon, Nathaniel Macon, Blair McClenachan, Joseph McDowell, Anthony New, John Nicholas, Josiah Parker, Thompson J. Skinner, Samuel Smith, William Smith, Richard Dobbs Spaight, Peleg Sprague, Richard Sprigg, Richard Stanford, Thomas Sumter, Abram Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, Abraham Venable, and Robert Williams.
Nays.—John Allen, Bailey Bartlett, James A. Bayard, Jonathan Brace, David Brooks, Stephen Bullock, Christopher G. Champlin, James Cochran, Wm. Craik, Samuel W. Dana, John Dennis, William Edmond, Thomas Evans, Abiel Foster, Dwight Foster, Jonathan Freeman, Henry Glenn, Chauncey Goodrich, William Gordon, Roger Griswold, Robert Goodloe Harper, Thomas Hartley, William Hindman, Hezekiah L. Hosmer, Jas. H. Imlay, John Wilkes Kittera, Samuel Lyman, James Machir, William Matthews, Lewis R. Morris, Harrison G. Otis, Isaac Parker, Thomas Pinckney, John Read, John Rutledge, jr., James Schureman, Samuel Sewall, William Shepard, Thomas Sinnickson, Nathaniel Smith, George Thatcher, Richard Thomas, Mark Thompson, Thomas Tillinghast, John E. Van Allen, Peleg Wadsworth, Robert Waln, and John Williams.
The second section was then amended by adding to it the usual enacting clause; but after some observations against passing it by Mr. Sewall, since the first section had been stricken out on the motion for its going to a third reading, it was negatived. And so the bill was rejected.
Expulsion of Matthew Lyon.
Mr. Bayard proposed the following resolution to the House:
"Resolved, That Matthew Lyon, a member of this House, having been convicted of being a notorious and seditious person, and of a depraved mind, and wicked and diabolical disposition; and of wickedly, deceitfully, and maliciously, contriving to defame the Government of the United States; and having, with intent and design to defame the Government of the United States, and John Adams, the President of the United States, and to bring the said Government and President into contempt and disrepute, and with intent and design to excite against the said Government and President the hatred of the good people of the United States, and to stir up sedition in the United States—wickedly, knowingly, and maliciously, written and published certain scandalous and seditious writings, or libels, be therefor expelled this House."
Mr. B. said he had only to remark that this resolution is copied from the record of the trial, which he had in his possession.
Mr. Nicholas said, if this had been a candid statement of the business, he should have been willing to have come to an immediate vote upon it; but words are introduced into this resolution (which are words of course in every indictment) which do not particularly belong to this offence, and the truth of which is never inquired into upon a trial. As he wished the nature of the offence to be clearly stated, he hoped the motion would lie for the present.
Mr. Bayard observed he had already said the terms used are copied from the record itself, and he did not think the gentleman from Virginia had been wiser than the law. He had himself no doubt that all the charges on the record are pertinent to the subject; if not, it would be extremely improper to introduce them. They are charges upon which a jury of the country have decided.
Mr. Nicholas appealed to the gentleman from Delaware, and to all other gentlemen of the law who heard him, whether the words here used are not the mere form of the indictment, and unconnected with the act here charged. He moved to adjourn, which motion was carried without a division.