VIIL CHAPTER the several subjects suggested should be taken into consideration. This motion, however, was feebly support1795. ed, and Madison, Sedgwick, and Sitgreaves, the two last decided Federalists, were appointed a committee to draft the usual reply. The draft, as reported, ascribed a full share of the "unequaled spectacle of national happiness" which the country exhibited to the benefits derived from the president's administration, resulting as well from "the undiminished confidence of his fellow-citizens as from his zealous and successful labors in their service." When this report was presented, Parker moved to strike out the word "unequaled," as well as all reference to " undiminished confidence" in the president, and to his "zealous and successful labors." This motion, which did but follow the lead of the Virginia Assembly, then in session, was sustained by the House, and the draft beDec. 16. ing recommitted, was modified to read as follows: "In contemplating that spectacle of national happiness which our country exhibits, and of which you, sir, have been pleased to make an interesting summary, permit us to acknowledge and declare the very great share which your zealous and faithful services have contributed to it, and to express the affectionate attachment which we feel for your character." But, while thus chiming in with the popular feeling of esteem and attachment for the president, the substitution of this new draft for that originally reported implied, at least so the Federalists thought, a tacit censure of his recent course, amounting to an indirect vote of diminished confidence. The address thus disposed of, the early part of the session passed off very quietly, both sides seeming to reserve themselves till the British treaty should come up. This calm, however, was somewhat disturbed by a curious question of breach of privilege, growing out of an alleged VIII. attempt to bribe certain members of the House one of CHAPTER the fruits of that spirit of land speculation which, since the adoption of the Federal Constitution and the revival 1795. of public prosperity, had been pushed to a great extent. The vast public domain, which, in consequence of the Rev. olution, had passed into the hands of particular states, was already mostly exhausted. Massachusetts still retained her property in the larger part of the wild lands of Maine, but even there extensive speculations had taken place, while her far more valuable tracts in Western New York, obtained by compromise with that state, had all passed into the hands of individuals. Of the seven millions of acres which New York had possessed, exclusive of the lands yielded to Massachusetts, five millions and a hálf had been disposed of at a single sale in 1791, for about a million of dollars. More than three and a half million acres had been purchased by a single individual, at the rate of eight cents an acre, payable in five annual installments, without interest; but this purchase, including the elevated and sterile tract of the Adirondack Mountains, between Lake Champlain and the St. Lawrence, which remains unsettled to this day, proved by no means a profitable speculation. These, with other subsequent sales, had almost exhausted the public do. main of New York. Of the large tracts which the confiscation of the proprietary estates had thrown into the hands of Pennsylvania, almost the whole had been bought up by speculators. As to Virginia and North Carolina, their unlocated land warrants already issued were more than sufficient to cover the lands within their limits, together with all the ceded portions of Kentucky and the Territory south of the Ohio. In this emergency, the speculators had turned their attention to the lands claimed by Georgia west of the Chattahoochee and between that CHAPTER river and the Mississippi. These lands, it is true, were VIII. occupied at present by the Creeks, Choctaws, and Chick1795. asaws, numerous and powerful Indian tribes. The title of Georgia to these lands was also very questionable, especially to that part of them below the thirty-third degree of north latitude, all the lands below that parallel being claimed by the United States, as formerly a part of the British province of West Florida. But this had not prevented the formation of four companies, including some very eminent citizens in various parts of the Union, to which the Legislature of Georgia, during the preceding winter, had sold the pre-emption right to a vast portion of the tract above described. These speculators had proceeded to sell out, at a great advance, to individuals and companies in the Middle States and New England. The profits thus obtained stimulated others to like enterprises; while the influence alleged to have been exercised on the Legislature of Georgia perhaps suggèsted the operating upon Congress by similar means. Two persons, Randall and Whitney, one from Maryland, the other from Vermont, in conjunction with some Indian traders and others in Detroit, where Randall had lately been, had formed a scheme for obtaining from Congress, for the sum of $500,000, the right to purchase of the Indians some twenty millions of acres in the peninsula of Michigan, to be divided into forty shares. Inducements had been held out to certain members of Congress to give their support to this scheme by the offer of shares in the speculation, to be ultimately purchased, if they did not choose to hold them, by the company. Overtures of this sort had been made to Giles, Smith of South Carolina, Murray, and others. Giles communicated the matter to the speaker and to certain confidential friends, but said nothing publicly, hoping to detect the culprits by their votes. Randall boasted that CHAPTER This VIII. he had already secured thirty members, and Giles did not doubt that all, or most of them, were Federalists, whose 1795. venality would thus be detected and exposed. scheme was defeated, however, by Murray, who made a statement on the subject to the House, being unwilling, as he said, that any of the members should be ignorantly and innocently seduced into voting for the grant on its merits. For public as well as private reasons were urged in its favor. The proposed company, through the influence of its members with the Indians, would do much, it was said, toward preserving peace on the frontier. Randall was ordered to be arrested, and, after an ex- 1796. amination of Whitney, was put upon trial before the Jan. 4. House on a charge of attempting to corrupt its members, and of having said that he had already secured thirty votes for his project. He was allowed counsel, and the privilege of examining, under oath, members and others; and the like privilege was exercised against him. The defense set up was that he had been misunderstood, and that his conduct, though foolish and imprudent, had not been corrupt. After the hearing, a resolution was adopted, declaring Randall guilty of a high contempt in attempting to influence members as to their legislative functions. There were seventeen votes against this resolution, those of Madison, Page, and Nicholas among the number, who maintained that the members had no privilege against such attempts.except in their own integrity. Randall was sentenced to be reprimanded by the speaker, and to remain in custody until further order; but, a few days after the reprimand, he was dismissed on payment of fees. Somewhat later in the session, another question of privilege grew out of the Georgia land speculation men CHAPTER tioned above. There had been transmitted to Baldwin VIIL a memorial to Congress to do nothing recognizing the 1796. validity of that sale until an investigation could be had. Gunn, one of the Georgia senators, himself deeply interested in the business, claimed the right to see this memorial before its presentation, and also to be informed of the names of the signers. Baldwin having refused to allow this, Gunn, who was a person of very fiery temperament, sent him a challenge through Frelinghuysen of New Jersey, a brother senator also concerned in the Georgia purchase. As this was not a personal, but a political matter-not a question of etiquette and chivalry, so Baldwin expressed it, but one relating to his rights and duties as a representative, he laid the challenge before the House. The committee to whom the subject March 8. was referred reported that both Gunn and Frelinghuysen had been guilty of a breach of privilege; but, as both the senators had addressed letters of apology to the House, disclaiming any intentional disrespect, no further proceedings were deemed necessary. While waiting for the British treaty, the House leisurely employed itself on several bills, of which a further account will be presently given. The Senate refused to confirm the nomination of Rutledge as chief justice—a refusal by no means disagreeable to the president—and, after presiding at one term of the court, he had the mortification to be obliged to retire. Cushing of Massachusetts, one of the original judges, was then nominated and approved; but, as he declined to accept the promotion, the office was ultimately given to Ellsworth of Connecticut, to whose seat in the Senate Hillhouse presently succeeded. The treaty with Great Britain having at length returned with the suspending article appended, the presi |