O
CONGRESS.
liaujc of RjprcfenUitivct April 2J.
Tuelday, April 29;
Afttr re-'Sirg Pime private petitions,
tbe hoyfe refurned the confideiation of
.tlic report fibin the committee upon the
contested Cic£tio. 1 of Mr. Francis Preston,
■from" theftate of Virginia.
Mr. Tiigge, and Mr. Preston spoke
«aches them for some time to the merits
of the cafe.
Mr. Scott then rose—he declared that
of all the qneftions which had ever come
before that holife, the present was to him
the moil wonderful. To tell us, that an
elfftion had been overruled by a party of
soldiers, was indeed extraordinary. Up
on such an outrage, it was inoil astonish
ing that the whole country did not rife as
One mail to resent and punifl) it. But for
his own part he favy the business in an op
posite point of view—he could not for his
ioul difeover the smallest pretence to set
aside the election of Mr. Piefton; nor
could he comprehend or conceive upon
what ground so strange a notion had
been darted. As for Captain Prcfton,
brother to the fitting member, whose con
dudt had been so loudly excepted against,
Mr. Scott said that his behavior at the
election was that of a sage. Instead of
the fire of youth, he had discovered all
the moderation that could have been ex
. peftedfrotn the charafler of a philefopher 1 .
As to the introdu&ion of soldiers at the
• . election, he saw no harm in it. They
had a right to be there, for they weie
, equally entitled with other American ci
tizens to give their votes in the choice of
a representative. The quarrel that suc
ceeded was accidental; and did not aflfedt
the question before the House. Mr. Scott
was ready, and had long been so, to give
his voice for dismissing the petition of Mr,
Trigge. He had not the smallest (hadow
of doubt upon the matter.
Mr. Macon was of the fame opinion.
It had been asserted that in this cafe, the
laws of Virginia had been violated. He
would be glad to know 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 peti
tioner had not enjoyed an equally fair
chance, as the fitting nitmbpf. Tt .was
true that some fa£ts in the petition had
not been completely substantiated, but ma
ny had. The House had been told that
hearsay testimony was unworthy of atten
tion, but he wished to remind them, that
they were not like.a court of law, reftrift
' ed to proceed upon a regular proof, and
not to go beyond the letter of it—They
were entitled to hear and weigh every thing
advanced, and to form their opinion from
the general convidkion arising upon the
whole of the circumttances. Some fads
of the most unwarrantable kind had come
out. Three of Captain Preston's soldiers
guarded the dooT of the court-house, where
the election was held. When a person,
since examined as an evidence, wanted to
- go in, they flopped him with this questi
on, " are you to vote for Trigge ?" Up
on answering yes, they replied—" By
Jesus then you (hall notand though he
was fifty-eight years of age, two of them
laid holdof him and cast him to the ground:
when he got up again he went off. Mr.
Smith said that there was a clear collusion
between Captain Preston and the soldiery.
Here Mr. Preston interrupted him by de
claring that there was no such thing in the
evidence—Mr. Smith affirmed that there
was.
The was then dire&ed to read
part of the examination of the witnesses
the particulars above stated appeared in
the proof, and Mr. Smith infifte<} that
they contained a demoilftration of colfu
five measures between the fitting member,
his brother Captain Preston and the mili.
tary. It was objected to Mr. Smith, on
the part of the soldiers, that they had on
ly said they could, not that they would
knock down Mr. Trigge's voter. But
Mr. Smith considered this critical distinc
tion as minute and trifling f rom the lips of
a soldier in liquor. He did not unde r stand
Jts accuracy, and he imagined that his own
nerves must have been as much affeded by
the could as by. the mould. Many of the
country people Had expressed much difla
tisfa£hon with the soldiers. It was prov
ed when the fray began, Captain
jetton had wished to have twenty of his
loldiers there, and this hint was no sooner
given, than a person ran off and immedi
atcly returned with a party of them
i Mr. Shcrbourne was for supporting the
fitting member. He wijhea that tn£ time
of the House might not be fquaridercd in
ait uftlefs display of elorjuence ; it was, to
be fiire, very agreeable to speaker him
felf, bat at the fame time very fuperfluous
in regard to his audience.
The clerk was again ordered to read
some passages in the proof, as far as they
rdpeftet! the behavior of Capt. Preftdn.
Mr. W. Smith then rose a second time.
As a member of the committee that had
been ehofen upon this buiinefs, he was
1 entitled to vindicate their report, of which
Ihe read some extratis very unfavorable 4o
the behavior oi the soldiers. Mr. Smith
observed that Mr. Fretton, in his defence
1 had been extremely profufe of his censure
on the committee, for doing what they
couftdered to be their duty. Mr. Smith,
referring to the observations of Mr. Sher
bourne, said that he was perfectly in order
1 for defending the report of the committee,
because it was juftified by the facts. Tho'
the quarrel between the soldiers and the
1 country people did not happen till after
the poll, yet Hill it arose from bad blood
before,the poll began, and tlterefore a re
ference to it was firiftly in order. Mr.
Smith said that it wa9 no part of his in
-1 tention to injure the character of Captain
Preston, who, when the tumult began,
took off ljis sword, and gave it to some
person to held. For this moderation,
Capt. Preston deserved credit. But still
Mr. Smith considered himfelf as juftified
in oppoling the election, since it was not
conducted with that firmnefs, that regula
rity, and that equality of chances, requi
site upon republican principles.
He read a quotation from Blackftone,
as to elections, "Violent interposition"
fays that writer " what is it, but to cut
government up by the roots,and poison the
fountain of public security?" He dwelt,
at some length, on this idea, and on the
peculiar impropriety of military interposi
tion, he said that upon the whole, Mr,
Preston had only a majority of ten votes,
and when the circumstance of fixfy or se
venty soldiers driving off the voters of Mr.
Ttigge was opposed to such a narrow ma- '
jori/y, could any body call this tranfaftion
legal? (At the words ten "votes, Mr. Smith
was twice interrupted, firft by Mr. Mac on,
and next by Mr. Smith of Maryland, but
he perfillcd in his assertion.) He had flat
_ ~prnm»l»n - » »■ » - —
Shall the Houft fuffer an officer, the bro
ther of a candidate, to seize the door of
a court-house, and turn away the voters
of his brother ? It had been said that it
was customary, in that part of the coun
try for a candidate to collect his friends,
and block up doors, but surely it was a
very improper cullom. The fitting mem
ber had said that if his brother made any
wrong step, he should have been prosecut
ed in a court of law. Mr. Smith did not
mean to fay that Captain Preston had com
mitted any offence worthy of that, he did
not perhaps imagine that he was doing any
wrong at all. It had been asked, was it
poflible that sixty or seventy unarmed sol
diers could overawe two or three hundred
people ? He thought it possible.
Mr. S. Smith of Maryland defended
Mr. Preston. He said that in foinung
an impartial judgment npon this question,
various circumstances mud be taken into
consideration, besides the facts in evidence
before the house. In Elections of East
ern States, the citizens met in small bodies;
and they conducted the business with that
order-and decency which became the true
Republican chara&er. But it was the
miffortune of Southern States, that their
citizens assembled in large bodies the
ele&ors of a county meet all together
before the fheriff, and give their votes
at the fame time. Hence it appears, as
the matter was described by Mr. S. Smith
that an election in the Southeru States is
often productive of very great mif
-5 , He , fald that was somewhat
Vi?o • hear,n g another member (Mr
W. Smith) express so much refentmtnt
at an eleSwn not. The gentleman had
access to the history of a certain eUaion,
where the very chancellor of a court of
jnllice, bred a riot in his own court, for
the express purpose of serving his party.
Much had been said about the enormity
ot knocking down a juftice«f the peace :
and m the report the affair was stated as
«f the magistrate had been at the court
„°e -„ V" J"® °® c,al opacity » Now
Sir, said Mr. Smith, «in this part of
>t the report is not fair. The justice
„° f P eace " as ""t there in his official ca
« WaS there drunk Sir, and ,
he gave the firft blow Sit, to the man
; " who knocked him down." Mr. Smith
had by the firft accounts of this election,
been very much prejudiced against the
ele&ion of the fitting member. But
when' lie came to examine closely into
the bulinefs, he declared that he had nev
er known an election in the southern states
where there was so little mifchief. 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 com
[ mon justice to Mr. Preston, they ought
i be informed that a southern election
i was quite a different fort of tranfa&ion
from one of theirs. In the evidehce be
i fore the house, it had been ftatcd that
one person had been seen at the court
: house with a club under his coat. " But
" fir," said Mr. Smith, " 1 have known
"Jive hundred voters aflembled, to have
" clubs under their coats. So that if
" such a circumllance is to set aside an
" eledtion, the committee may begin by
" dissolving mirre. If the committee are
" to break up every ele&ion, where per
" sons 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
I could help it, fuffer any body on the o
ther fide to give a vote, as long as they
were there. It was certainly a very bad
cuflom, and must veiy much surprise an
eastern member, but it was the custom,
and perfe&ly known to be so, and there
fore it was very injurious to hold up the
conduct of Captain Preston, as a pretence
for dissolving the elcftion. The beha
viour of that young gentleman, when in
sulted, bad been exemplary. in the
midst of a riotous mob, he gave away
his sword, that he might do no mifchief
in that way. This was a great instance
of moderation and presence of mind.
The aspersions cast upon the chara&er
of this officer, Mi-. Smith regarded as
highly unjust and they might if not pro
perly taken notice of, be extremely inju
rious to his hopes of advancing in the
service. Captain Preston had gone to
the court-house as a private citizen, and
he had a rig-lit to be there. A? to the
menace of the soldiers that they could
knock down one of Col. Trigge's voters,
■tKift wss vtfn yc" IJT.llin fiuiif tii'fi-ft l °g tliat
they would do it. Were a man to have
come up to Mr. Smith in the street and
, fay, " I will knock you down fir," Mr. I
Smith would be for striking that man ;
but were he only to fay, " I can knock
" you down fir," the expression would be
quite different. But as to the affray that
fell out, after the election was over, Mr.
Smith asserted, that if the soldiers had
killed all the country people, or the coun
try people had killed all the soldiers, this
had nothing to do with the merits of the
election itfelf. And as to tins quariel,
few young men had the temper of this
officer (Capt. Preston) in ordering off
his soldiers ; so that instead of the cen
sure of that house, he deserved their
praise. At his age, Mr. Smith 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 feat in that house, because one
of the electors had been seen with a club
*under his coat! Mr. Smith was sorry to 1
gire such a dtfeription 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 for
ward in the evidence. He concluded by
reminding those members, that it would
be ridiculous to measure one thing by a
nother which was perfedly opposite ; or to
judge of a Southern by the enftoms of
an Eastern ele&ion. *
Mr. Clark said that three days had now
been spent upon this business. Lorn
Jpceches 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 elec
tion as well as any body else.
member fwor " « on
M r.day) spoke for a few minutes. He
aw no reason why another member (Mr.
hurt b™tK °r - C i
R inr p f C,rcUmftance °f a n Election
S S ?r' g l ° the f P«ch of Mr.
S. Smith he observed that there was a riot
at the gentleman's own election and in his
worfe - th - Riot
Slll 4 Church—the-not was raised by
I
/
i a magiilratc, who with hi's own hand
, dragged one of the oppolite party cut 0 c
e the Church. " And if you want ev!
t dence of all th.s, faiO Mr. Gillon, I
J myfelf, was present, and, can be aZ ,
- « nets." Mr Gillon- fcw
s - reason Why there (hould be Aich a no ;r°
} Ut thl ' 3 el^' on Particular, when o!
f thers were jult as bad or a rrcat
5 7, rfe - member (Mr. P r f ftun)
• duly qualified to bold his feat, and M
t Gillon hoped that he would holdTt
1 ————
™ From the General MvcrtiCer.
t CIVIC FESTIVAL.
j aasasvr'K'sgfc
Ilrael, about three miles from town i > j"
; £" heui:ru ~ fcrf, ~"»Sbt
» deprived the general meeting „f anuXrof
-
= about 800 citizens, among whom the°Gover^
- or and leveral olucers of the and Fede-
I 8° v u e ™ ments attend «», alibied to St
; brate thole events which have in .
r conducetd to consolidate French liberTvS
. guarantee our independence. The MiV./f
r and other officers of the French
I the citizens with their company
The flags of the filter rep.blx, Lrled
' and ornamented the feat of festivity, At two
, the company partook of a plain yet pl tßtifu ,
repast, after wVich the following toasts were
. drank, accompanied by universal marks of
, I approbation.
L I h , e Re P llbllc of one and indi
visible—May her triumphs multiply until
every day in the year be rendered a festi
val in the calender of Liberty, and a .'aft In
I the calender of courts.
11. The people of the United States—May
each revolving year increale their detec
tion of every species of tyranny and th»:r
I vigilance to secure the glorious inheritance
acquired by their Revolution.
111. The Alliance between the filler Repub-
I lies of the United States and France— May
I their un;on be as incorporate as light and
I heat and their friendlhip as lasting as t ; me.
IV. The Mountain—May tyranny be chaia-
I ed at its foot, and may the light of Libtr
t) - rem its fuinmit cheer aud illuminate
I the whole world.
IV. The Republic of Genca—May eveA
j nation that values its
I like tier tiie ft "citations andfefift tlie
er of tyrants combined for the deilrueiie.n
I of freedom and equality.
VI. The great family of Mankind -Mav
I the diftiniStion of nation and of langua' e
I ■be loft in the afTociation of freedom and
of friendlhip, till the inhabitants of the
I various fedhons of the globe lhail be dif
diftmguilhed only by their virtues and their
talents.
j VII. The Constitution of the United States
—May its form and spirit be the ipvaria-
I ble guide of all who administer it—may
its authority never be proflituted for tin
purposes of party nor its departments ille
gally blended for the purposes of intrigue.
V , The men of th e People—the mmo
j rity the Senate—and the majority of
the House of Representatives of the Uni
ted States—May they on future, as on
I past occasions, have wisdom to dtfeover
and fortitude to refill every attack upon
, I Constitution and rights of their.poun
try, while they enjoy for their service*
the patriot's true reward, the love and
i I confidence of their fellow citizens.
IX. A Revolutionary Tribunal in Great
Britain May it give lesions of Liberty to
, I her King, examples of justice to her Mi
ni ftry, and Honeiiy to her corrupt Legit*
I lature.
X. The Armies of the French Republic-
May they be invincible and unihaken till
j by their glorious efforts Liberty and Peace,
I exalted in the lame Triumphal Car, ihall
I be drawn to the temple of Janus by the
humbled tyrants who have dared to molest
I them.
I XI. The extin<s\ion of Monarchy—May
j the next generation know kings only by
I the page of history, and wonder that fuct
I monsters were ever permitted to exist.
I XII. Reason, May it lucccfsfully countera<ft
I the effe<hs of executive influence,
I expose the insidious arts of judicial so-
I phiftrV, and preserve inviolate the purity
I of legiflati<3n.
I XIII. Know ledge—May every citizen be
I so learned as to know his rights, and lo
I brave as to aflert them.
I XIV. The fair daughters of America and
I France'—May they ever poflijfs virtue to
j attradl merit and sense to reward it.
I 1 he Democratic and Republican
cieties of the United States—May they
I preserve and difleminate tfceir principles,
undaunted by the frowns of power —un-
I contaminated by the luxury of arillocracy,
I Rights of Man fliall become the
I law of every land, and their se
parate fraternities be absorbed in one great
I democratic society comprehending the hu
man race. ' |
'• ' i