.r mi (SnrnpU IGaui ^rl^nol ICibraty Cornell University Library KFN5726.5.A25 1871 A compilation of cases of breaches of pr 3 1924 022 872 240 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022872240 A COMPILATION OF CASES |lriii|e| ®f |ri?lkp df t!j@ ^mt% giK^mWg of the ^k^ of ^m §or% REPORTS OF STANDING AND SPECIAL COMMITTEES AND THE PROCEEDINGS AND JUDGMENTS THEREON. TOO£THEK WITH FULL REFERENCES TO ALL ACTION IN EACH CASE, From 1777 to 1871. Pbefabed Fubsuant to a Besolution oir the Assembly, passed Apsil 18th, 1871, undeb THE SDPBBVIBION OP C. W. AKMSTRONG, Cleek. ALBANY: THE ARGUS COMPANY, PRINTERS. 1871. 8^/30 6-0 STATE OF NEW YORK: IN ASSEMBLY, j Albaitt, A^il 18, 1871. j On motion of Mr. Fields, of New York : Eesolved, That the Clerk of this House have prepared, for the use of the Legisla- ture, a compilation df the majority and minority reports on contested elections to seats in this House, and that five hundred copies of the same be bound for the use of the Legislature; and that he also cause to be compiled the majority and minority reports of any standing or special committee appointed by this House to investigate any breaches of the privileges of this House, and that one copy of each of said com- pilations be sent to each member of the present House. By order. C. W. AEMSTRONG, Clerk. Bntered, according to act of Congress, In the year one thousand eight hundred and seventy-two, Bt COKNBLIUS W. AEMSTEONG, ia the office of the Librarian of Congrees, at Washington. INTRODUCTION. In the preparation of this compilation, the object of the foregoing resolution of the Assembly has been earnestly prosecuted, and as fully complied with as the nature of the work would permit, and with the purpose of furnishing useful precedents and reliable and valuable authority. Many of the eases are unimportant, but there is given no discretion to select and no authority to omit them. Such discretion and authority would have relieved this compilation of much valueless matter. The leading and ably contested cases are given, sufficiently full to avoid the necessity of references to the original journals and docu- ments, beginning with the first complaint or motion and ending with the execution of the final judgment of the House. In all instances, full and definite references are made to all pro- ceedings, evidence and conclusions, thereby enabling any one to easily obtain the entire proceedings in each and every case. Efforts have been made, and it is hoped successfully, to render the index complete and explicit with the purpose of its taking in some degree the place of a digest, which would be of great value, biit which is not authorized to be made by the terms of the resolution. This compilation has been prepared under my supervision, with the assistance and co-operation of Lyman B. Smith, assistant clerk, and "William J. "Wilson, deputy clerk. C. "W. AEMSTEONG, Clerh of the AssernhT/y. Albany, Noveniber, 1871. A COMPILATION OF CASES BREACHES OF PKIYILEGE OF THE HOUSE Assembly op the State of New York. In the Matter of the Breach of PriTilege of Jeremiah French and Silas Marsh. STATE OF NEW YOEK : Assembly Chambeb, Kingston, Sunday, Obtdber lOth, 1779. Mr. Williams, a member of this House, complained of a breach of privilege committed on the person of Benjamin Birdsall, Esq., a member of this House, by Jeremiah French and Silas Marsh. Ordered, That the said complaint be referred to the consideration of the committee of privileges and elections, and they report thereon with all convenient speed. Assembly Journal, 1779, page 58. Kepoet of Committee. October 20th, 1779. Mr. Harpur, from the committee of privileges and elections, to whom was referred the complaint on behalf of Benjamin Birdsall, Esq., a member of this House, against Jeremiah French and Silas Marsh for a breach of privilege, report that the truth of the allegations of the complaint doth fully appear, and that the said Jeremiah French,' as less, or of the plaintiff, and the said Silas Marsh, his attorney, are both guilty of a breach of privilege. Ordered, That the consideration of the said report be postponed until the next meeting of the Legislature. Assembly Journal, 1779, page 77. Cases of Bkeaches of Peivilege of the House In tlie Matter of the Breach of Privilege of Thomas Goadsby. Chaeged with Defamatoet woeds against the Legislatuee. New Yoek Citt, March 22^, 1785. Whereas, This House is informed that a certain Thomas Goadshy, of the city of New York, merchant, has lately spoken several mali- cious and defamatory words derogatory to the honor and dignity of the Legislature and tending to excite and promote dissension and dis- aifection to the government ; thereupon, Ordered, That the sergeant-at-arms of this House attach the body of Thomas Goadsby and keep him in custody and bring him to the bar of this House, on Wednesday next at eleven o'clock in the fore- noon, to answer in the premises ; and. Ordered, That the said sergeant-at-arms do also summon William Ketchum and his wife, Jeronimus Riker and John Thurman, to attend at the same time and place to be examined as witnesses relative to the facts mentioned in the preceding order. Assembly Journal, 1785, pages 109, 110. Thomas Goadsbt at the Bae of the House. March 'i,U, 1785. The order of the day being read, and the sergeant-at-arms, pursu- ant to the order of this House of yesterday, being attending with Thomas Goadsby in his custody, the said Thomas Goadsby was led to the bar of the House and the charge against him, that he has lately spoken several malicious and defamatory words derogatory to the honor and dignity of the Legislature and tending to excite and pro- mote dissension and disaffection to the government, being read to him, he pleaded thereto not guilty and that he had not at any time spoken disrespectfully of this government or said anything that might tend to sow sedition. The House then proceeded to examine William Ketchum and Jeronimus Hiker, two of the witnesses against the prisoner, who were also cross-examined by the prisoner ; thereupon, Ordered, That the prisoner be continued in the custody of the said sergeant-at-arms, and brought again to the bar of this House to-morrow at eleven of the clock in the forenoon ; that the prisoner be allowed counsel in Ms defense; that the witnesses who have been summoned do attend again at the time above mentioned, and that the sergeant-at- Ef.THE Assembly of the State of New Yoke. 7 arms do summon Albion Cox to attend this House as a witness at the same time. Assembly Journal, 1785, page 111. Thomas Goadsbt again at the Bae of the Hotjse. March ^Uh, 1785. The order of the day being read, and the sergeant-at-arms attending with Thomas Goadsby, on the charge against him as entered in the journal of this House on the two preceding days, the House, as well for the safety of the members as of the great number of spectators present, on account of the weakness of the building which contains the Assembly chamber, adjourned to the City Hall of the city of New York, and ordered the sergeant-at-arms to attend there with the prisoner, and to direct the witnesses summoned to attend at the hall without delay. The House, being met in the City Hall, proceeded to the further examination of the witnesses against the prisoner, and Albion Cox and Jeremiah Wool, Esq., were examined as witnesses against the prisoner and were cross-examined by the counsel for the prisoner, and Jona- than Piercy and the other two witnesses last before named were examined as witnesses on behalf of the prisoner, and his counsel were fully heard in his defense ; thereupon, Ordered, That the prisoner be continued in custody of the sergeant- at-arms in the recess of the House, and be brought again to the bar when the House shall be convened. Thomas Goadsby found Guilty and Oedeeed Repeimanded at the Bae of the House. March 2Uh, 1785. The House then resumed the consideration of the charge against Thomas Goadsby, a prisoner in the custody of the sergeant-at-arms, and the evidence given against the prisoner, and also the evidence given on his behalf and the defense made by the counsel for the prisoner, tod after the same had been fully recapitulated, heard and considered, Mr. P. "W. Yates moved for a resolution and order in the words following, viz. : Besolued, That it appears from the evidence offered relative to the charges against Thomas Goadsby, that he has spoken several malicious and defamatory words derogatory to the honor and dignity of the, Legislature and reflecting on their proceedings, and is therefore guilty of a misdemeanor and contempt of the authority of this House. 8 Oases of Breaches of Peivilege of the House Ordered, That the said Thoma;s Goadsby be brought to the bar of this House, and upon his asking the pardon of the House for his fault, and paying the sergeant's fees, he be discharged from custody. Mr. C. Sands then made a motion that the House, instead of the resolution proposed by the last mentioned motion, should come to a resolution and order in the words following, viz. : Resolved, That it appears to this House that from the evidence relative to the charge against Thomas Goadsby that he has spoken defamatory words derogatory to the honor and dignity of the Legis- lature and of this House; and the House do order that the said Thomas Goadsby be let to the bar and reprimanded by the Speaker in the chair, and that he be thereupon discharged from the custody of the sergeant-at-arms on payment of his fees. Debates arose on the resolution and order proposed by the last mentioned motion, and the question being put whether the House did concur in the same, it passed in the negative. The question being then put whether the House did concur in the resolution and order proposed by the motion of Mr. P. W. Yates, it passed in the affirmative ; thereupon. Resolved, That it appears from the evidence offered relative to the charge against Thomas Goadsby, that he has spoken several mah- cious and defamatory words, derogatoiy to the honor and dignity of the Legislature and reflecting on their proceedings, and is therefore guilty of a misdemeanor and contempt of the authority of this House. Ordered, That the said Thomas Goadsby be brought to the bar of this House, and upon his asking pardon of the House for his fault and paying the sergeant's fees, he be discharged from custody. Thomas Goadsby asks the Paedon of the House. The sergeant-at-arms, by order, then brought the prisoner, Thomas Goadsby, to the bar of the House, and the preceding resolution being read to him he thereupon asked the pardon of this House for the fault he had committed and declared he was sorry that he had given the House so much trouble. Assembly Journal, 1785, pages 114, 115. IN THE Assembly of the State of New Yoek. In the Matter of Breacli of Privileges of William Kettletas. Foe Publication in the Aegus Libelous and Villifting attack UPON the Legislatuee. STATE OF NEW YOEK : City of IsTew Yoek, ] Assembly Chambee, March 8, 1Y96. f Aeeest of William Kettletas Oedeeed. Mr. I. Morris made a motion that the House should agree to a resolution with recitals, which was read and is in the words following, viz. : Whereas, Certain publications, under the signatures of William Kettletas, have appeared in the Argus of the 22d of February last, and the 5th of March, instant, arraigning the justice and impartiality of the House, and charging the representatives of the people with refusing to impeach certain officers of this State upon the clearest evidence, and containing sundry other charges highly injurious to the dignity of this branch of the Legislature ; and. Whereas, Publications villifying and misrepresenting the proceed- ings of this House are calculated to create distrust and destroy that confidence which the good people of this State have and of right ought to have in their representatives ; therefore. Resolved, That the said publications are a breach of the privileges of this House, and that the said William Kettletas be forthwith taken into custody by the sergeant-at-arms and brought to the bar of this House to answer in the premises. That debates were had thereon, and Mr. Speaker put the question whether the House did agree thereto ; it was carried in the affirmative in the manner following : . For the affirmative, 33. For the negative, 27. Assembly Journal, 1Y96, page 120. Assembly Chambee, March 9, 1796. William Kettletas beought to the Bae of the House. The sergeant-at-arms, pursuant to the order of the House of yester- day, being attending with William Kettletas in his custody, the said William Kettletas was let to the bar of this House, and a certain pub- lication, under the signature of William Kettletas, as published in the Argus of the 22d of February, was read to him. 10 Cases of Beeaches of Peivilegb of the House ]Vrr. Addison then made a motion that a question be put to the prisouer at the har in the words following, viz. : " Are you the author of the publication just now read to jou, and did you direct the same to be printed ?" Which was agreed to by the House. ]\Ir. Speaker put the said question to the prisoner, to which the prisoner answered : " I am the author, and did direct the same to be prmted." Then the publication, under the signature of William Kettletas, as published in the Argus of the fifth instant, was read to him. Mr. Addison then made a motion that a question be put to the prisoner in the words following, viz. : " Are you the author of the publication Just now read to you, and (lid you direct the same to be printed ?" Which was agreed to by the House. Thereupon, Mr. Speaker put the question to the prisoner, to which the prisoner answered : " I am the author, and did direct the same to be printed." Thereupon, Ordered, That the prisoner be removed from the bar by the ser- geant-at-arms, and remain in his custody until the further order of the House. Thereupon, Mr. Morris made a motion that the House should agree to a resolution in the words following, viz. : Resolved, That it appears from the confession of William Kettle- tas, that he is the author of a certain publication printed in the Argus on the 22d of February last, and of one other publication printed in the Argus of the fifth instant, and that he the said William Kettletas directed the same to be printed and published, Avhich said publications contain charges highly injurious to the honor and dignity of this branch of. the Legislature. William Kettletas found Guilty. Hesolved, therefore. That the said William Kettletas is guilty of a misdemeanor and contempt of the authority of this House. Ordered, That the said William Kettletas be brought to the bar of this House, and upon his asking the pardon of the House for his offense, and paying the sergeant's fees, he be discharged from custody. He Declines to Ask Paedon. The prisoner being again brought to the bar and the preceding resolution having been read to him, he answered : IN THE Assembly of the State of New Yoek. 11 ^^ I am not conscious of having committed any offense, and there- fore I will not ash the pardon of this House." Three huzzas from the spectators. At this moment a number of persons in the bar gave three huzzas, and made a great deal of clamor and noise, which for some time inter- rupted the business of the Plouse. Oedeeed Impeisoned. Thereupon, Mesol/ved, nemine contradicente, That the said sergeant-at-arms take the said William Kettletas from the bar of this House and deliver him to the keeper of the jail of the city and county of New York ; that the said "William Kettletas be imprisoned in the said jail until the further order of this House, and that the Speaker do issue his warrant accordingly. Thereupon, the Speaker did issue his warrant and the same was delivered to the sergeant-at-arms. He was Impeisoned. The sergeant-at-arms reported that pursuant to the warrant to him directed and delivered, he had delivered "William Kettletas into the custody of the keeper of the jail of the city and county of New York. CoMMirrEE OF Inquiey Appointed as to Peesons Inteeeupting Peocbedings. Then the House entered into the following resolution : Whereas, Insults have this day been oifered to the people of this State represented in this House, by indecent huzzaing and clamor and other irregularities ; and Whereas, Indignities offered to the people of tliis State, through their representatives, ought to be severely punished; therefore, Besol/oed, unanimously. That a committee be appointed to inquire and report to this House the names of all persons who have been guilty of a breach of the privileges of this House, by indecently inter- rupting or distiirbing their deliberations and proceedings in the case of William Kettletas, and that Mr. Dubois, Mr. Hopkins, Mr. Addi- son, Mr. Bird and Mr. Miles be of the said committee. Ordered, That the printer to this State print a copy of the preceding resolution in his paper of to-morrow. Then the House adjourned until 10 o'clock to-morrow morning. Assembly Journal, 1T96, pages 122, 123 and 124. 12 Cases of Bkeaches of Peitilege of the House Assembly Chamber, March 10, 1796. DiSOEDEELY PeESOXS OeDEEED ATTACHED. On motion of Mr. Lawrence, Resolved, That the committee of the House appointed for the pur- pose of inquiring into and reporting to this House tlie names of all persons who have been guilty of a breach of the privilege of this House, by indecently interrupting their deliberations and proceedings, shall be excused from their attendance on the duties of this House, so long as an attention to the duties assigned to them shall be rendered necessary. Mr. I. Morris arose in his place and informed the House tliat there were certain persons attending in the bar who could discover the names of some of the disorderly persons who interrupted the busi- ness of this House on yesterday. Thereupon, Ordered, That the bar be cleared, whicli was done accordingly. A number of persons were called to the bar of this House and examiued. Thereupon, Ordered, That tlxe sergeant-at-arms of this House attach the bodies of Thomas Gilbert and Azarias Williams, and bring them forthwith to the bar of this House, to answer such charges as may be exhibited against them relative to the insults yesterday offered to this House. And, Ordered, That the said sergeant do also summons William Ouyler and William Yandervoort to attend forthwith at the bar of this House, to be examined as witnesses relative to the facts mentioned in the preceding order. Thomas Gilbeet Attached. The sergeant-at-arms reported that, pursuant to the order of the House, he had attached the body of Thomas Gilbert, and had him now in his custody. The said Thomas Gilbert was set to the bar of this House, and the charge against him was read to him by the Speaker, and is in the words following, to wit : " You, Thomas Gilbert, are charged, under oath, of having been guilty of a violent and indecent outrage upon the privileges of this House, by huzzaing and making other disturbances in the bar of the same, on the 9th instant." Are you-guilty or not guilty of the charge exhibited against you ? The Prisoner pleaded thereto, that Ko was guilty, and added that it proceeded from the impulse of the moment, without reflection or any IN THE Assembly of the , State of New Yoek. 13 intention to insult the dignity or disturb the proceedings of this House, and declared that, from the moment he committed this act to the present time, he had been extremely sorry for his conduct. Thomas Gilbert Dischaeged. Hesolved, That Thomas Gilbert having confessed that he made a disturbance in the bar of this House on the 9th instant by huzzaing, and the said Thomas Gilbert having acknowledged that his conduct was improper, and that he was extremely sorry for it, MesoVved, further, That the said acknowledgment is satisfactory to the Plouse, and that, the said Thomas Gilbert, upon paying the ser- geant's fees, be discharged. The Governor Requested to Issue his Proclamation, Command- ing TpE Arrest of those who Disturbed the Assembly. The House then entered into the following resolution : Whereas, The deliberations of this House were interrupted by the tumultuous shouts and clamors of the people within the bar of the same, on the 9th day of March, instant. And, whereas. An attempt to control the proceedings of the repre- sentatives of this State by any particular set of men, is a violation of all order, and would tend to the destruction of a free and equal gov- ernment, if the same were tolerated, inasmuch as it would render the great body of the people of this State subject to the passions which might influence the conduct of individuals in a particular part of it. And, whereas. The people of this State have received an outrage- ous insult through the medium of their representations from the aforesaid persons, which insult ought not to remain unpunished. Therefore, Besolved (if the Honorable, the Senate, concur herein). That his Excellency, the Governor, be requested to issue his Proclamation, commanding all magistrates and other officers of this State, to make every exertion for the apprehending of any person or persons guilty of the above offense, and to take such other legal steps as he may think necessary to bring all persons offending in the premises to condign punishment, to the end, that the representatives of the peo- ple, when deliberating for the public good, may not in the future be exposed to interruption and insult. Ordered, That Mr. Vandervoort and Mr. "Watson deliver a copy of the preceding resolution to the Honorable the Senate, and request their concurrence. li Cases of Breaches of Privilege of the House AzAEiAs Williams Attached and Beought to the Bae of the House. The sergeant-at-arms reported, that pursuant to the order of the House, he had attached the bodj- of Azarias Williams and had him now in custody. The said Azarias Williams was let to the bar of this House and the charge against him was read, and is in the words following, viz. : Information having been given under oath to this House, that you, Azarias Williams, did, on the ninth instant, at the bar of the same, while the House was deliberating in open session, on the conduct of William Kettletas, indecently and tumultuously disturb their said deliberations, insult the dignity thereof, by crying aloud at the bar thereof, and by endeavoring to excite a tumult in the same, in advis- ing and promoting the giving of three cheers or hnzzas, which were accordingly vociferated in said bar ; which conduct was a high misde- meanor aud insult upon the sovereignty of the people of this State. You are therefore charged with the same. Are you guilty or 7iot guilty of the charge exhibited against you? The prisoner pleaded thereto, that he was not guilty ; and prayed that he might be allowed counsel on his defense. Prisoner Allowed Counsel. Ji-JtreJ, That the prisoner be allowed counsel on his defense, and that he may be permitted to retire from the bar in the custody of the sergeant-at-arms to procure the same. And being returned to the bar, the House proceeded to the examination of tlie witnesses against the prisoner, aud William Cuyler and William Yandervoort were examined as witnesses against the prisoner, and were also cross-exam- ined by the prisoner's counsel, and his counsel was fully heard in his defense. Thereupon, Ordered, That the prisoner be removed from the bar by the ser- geant-at-arms, aud remain in his custody until the further order of the House. Thereupon, liesolved, That Azarias Williams is guilty of the several charges exhibited against him by this House, the same having been .substan- tiated by the testimony of witnesses. Ordered, That the said Azarias Williams be again brought to the bar of this House, and, upon his asting the pardon of the House for the offense whereof he now stands convicted, and paying the fees of the sergeant-at-arms, he be discharged from custody. The prisoner being again brou^t to the bar of the House, and the preceding resolution having been read to him, he answered : " I can IN THE Assembly of the State of Xew Yoek. 15 only say, as I have before declared, that I did not intend to insult the dignity of this House, and that I am sorry for what I did." The prisoner was thereupon informed that his confession did not meet the terms of the resolution of this House. The prisoner answered : " I have nothing further to say." Thereupon, Ordered, That the prisoner be removed from the bar by the ser- geant-at-arms, and remain in his custody until the further order of the House. . AzAEiAs Williams Obdeeed Impeisoned. Thereupon, Resolved, Tiemine contradicente. That the sergeant-at- arms take the said Azarias Williams from the bar of this House and deliver him to the keeper of the jail of the city and county of JSTew York ; that the said Azarias Williams be imprisoned in the jail of the said city and county until the further order of this House, and that the Speaker do issue his warrant accordingly. Ordered, That the" said Azarias Williams be again brought to the bar of this House, and that the preceding resolution be read to him. Me. Williams asks the Pardon of this House. The prisoner being again brought to the bar, the preceding resolu- tion for his commitment was read to him by the Speaker and a war- rant for his commitment delivered to the sergeant-at-arms. There- upon, The prisoner declared that he was ready to comply with the resolution of this House specifying that upon his asking the pardon of this House and paying the sergeant's fees he should be discharged. And he did ask the pardon of this House accordingly. Thereupon, Resolved, That the said Azarias Williams be discharged on paying the sergeant's fees. Assembly Journal, 1796, pp. 124, 125, 126. Hon. William Noeth, Speakee of lAst House. — CoMMtrNioATioN feom, as to Impeisonment of William Kettletas. Assembly Chambee, New Yoek City, | January 19th, 1797. j A communication of William North, Esq., late Speaker of the House of Assembly, was read, and is in the words following, viz. : To the Honorable the Legislojture of the State of New YqrTc : The undersigned respectfully represents, that during the last ses- sion he had the honor of being Speaker of the Honorable the House 16 Cases of Breaches of Pkivilege of the House of Assembly ; tliat on the 22d day of February and on the 5th day of March, 1796, certain publications under the signature of William Kettletas appeared in a newspaper printed in the city of New York, which publications were by the House adjudged to be highly injuri- ous to that branch of the Legislature, and that the said Kettletas was guilty of a misdemeanor and contempt of the authority of the House ; that for this offense the said Kettletas was, by unanimous resolution, committed to the jail of the city and county of New York, on the warrant of the Speaker; that in consequence of this commitment, the said Kettletas has instituted a suit and filed a declaration against the undersigned, which suit is now depending in the Supreme Court of this State. Conscious of the propriety of the act, and secure in the well-founded belief that the courts of justice, should they be clothed with power to judge in a ease of this high nature, can never abet an attempt to intrench on the privileges of the representatives of the people, and that an impartial jury will not hold the man guilt- less who, by false statements or false colorings, should endeavor to bring into question the integrity of those in whom the people do, and of right to, confide, the undersigned can feel no anxiety respecting the event. A sense of duty alone has induced this representation, which is respectfully submitted. WILLIAM NORTH. Jawuary \%th, 1797. Mr. D. Ten Broeck gave notice that he would to-morrow move for a concurrent resolution, with a recital in the words following, viz. : Whereas^ It is represented to this Legislature by a communication from William North, Esq., late Speaker of the Honorable House of Assembly, that during the last session of the Legislature a certain William Kettletas, for certain offenses highly injurious to the honor and dignity of the Honorable the House of Assembly of the people of the State of New York, was, by unanimous resolution of the Assem- bly, for said offenses, committed to the jail of the city and county of New York, on the warrant of the Speaker ; that in consequence of this commitment the said Kettletas has instituted a suit and filed a declaration against the said William North, Esq., which suit is now depending in the Supreme Court of this State; and forasmuch as the privileges of the representatives of the people ought to be and remain inviolate and without encroachment, and the honor and dignity of the House supported and maintained ; therefore. Resolved (if the Honorable the Senate concur therein), That the Attorney-General of this State be, and he is hereby directed and m THE Assembly of the State of New Yoek. 17 required, to defend the said suit commenced by William Kettletas against William North, Esq., late Speaker of the Honorable the House of Assembly; and that his Excellency, the Governor, be requested, and he is hereby authorized, to employ further counsel for the pui-pose aforesaid, if, in his judgment, it shall seem requisite, and that the Legislature will make adequate provision for all necessary expenses and costs in the premises. Assembly Journal, pages 59, 60. Attoeney-Genbkal Dieected to Defend Suit of William Ket- tletas Against William Noeth, Late Speakee. In Assembly, January 20, 1797. Mr. D. Ten Broeck, according to notice by him for that purpose, given yesterday, made a motion that the House would agree to a resolution with a recital in the words following, viz. : Whereas, It is represented to this Legislature, by a communication from William North, Esq., late Speaker of the Honorable House of Assembly, that during the last session of the Legislature a certain Wil- liam Kettletas, for certain offenses highly injurious to the honor and dignity of the Honorable the House of Assembly of the people of the State of New York, was by unanimous resolution of the said House of Assembly for said offenses, committed to the jail of the city and county of New York on the warrant of the Speaker ; that in conse- quence of this commitment, the said William Kettletas has insti- tuted a suit and filed a declaration against the said William North, Esq., which suit is now depending in the Supreme Court of this State, and forasmuch as the privileges of the .representatives of the people ought to be and remain inviolate and without encroachment, and the honor and dignity of the House supported and maintained, therefore, Resolved (if the Senate concur herein )j That the Attorney-General of this State be and he is hereby directed and required to defend the said suit commenced by William Kettletas against William Nortl], Esq., late Speaker of the Honorable the House of Assembly. And that his Excellency the Governor be requested, and he is hereby author- ized to employ further counsel for the purpose aforesaid, if in his judgment it shall seem requisite. And that the Legislature will make adequate provision for all necessary expenses and costs in the premises. Debates were had thereon, and a motion was made to strike out that part of the said resolution authorizing his Excellency the Gov- 18 Cases of Beeaches of Privilege of the House ernor to employ counsel which was carried in the affirmative. Mr. Speaker then put the question whether the House did agree to the resolution as amended, which was carried in the affirmative. There- upon, ResoVoed (if the Honorable the Senate concur herein), That the Attorney-General of this State be, and he is hereby directed and required to defend the said suit commenced by "William Kettletas against WUliam North, Esq., late speaker of the Honorable the House of Assembly, and that the Legislature will make adequate provision for all necessary expenses and costs in the premises. Ordered, That Mr. De Witt and Mr. Foote deliver a copy of the preceding resolution to the Honorable the Senate, and request their concurrence. Assembly Journal, 1797, pages 62-63. Assembly Chamber, January 26, 1797. Whereas, It appears by the Journal of this House, at the last session of the Legislature that William Kettletas was adjudged guilty of a misdemeanor and contempt of the authority of the House, and was for the said oflFense, by warrant of the Speaker, issued by order of the House, committed to the keeper of the jail of the city and county of New York. And, whereas, it is represented to this House by "William North, Esq., Speaker thereof at the last session of the Legislature, that the said William Kettletas hath instituted a suit, and the same is now pending in the Supreme Court of judicature against hiin, the said William North, for his conduct in the premises as Speaker aforesaid. And it being essential to the liberties of the people that the privileges of the House should be preserved inviolate, and its constitutional authority and dignity uniformly supported. Therefore, ResoVoed, That the Attorney-General of this State be, and he is hereby directed to defend the said suit, and to set forth in such manner as he shall deem most advisable the authority by virtue of which the said commitment was made, and that he communicate to this House the result of the said suit, and all necessary expenses which may have "been incurred in the defense of the same. Ordered, That the Clerk of this House transmit a copy of the preceding resolution to the Attorney-General. Assembly Journal, 1797, page 72. Ilf THE ASSEMSLT OF THE StATE OF NeW YoBK. 19 In the matter of the Breach of Privilege of Samuel Sherwood. Ohaeges of Ooektjption Relative to the Chaetee op the Mee- cHANTs' Bank. — Offee of Shaees in the Bank foe Membees' Votes. Assembly Chambee, March \'6ih, 1805. Two several certificates of John Ballard and Gurdon Huntington, Esqs. ; a letter from Peter Betts, Esq., to William W. Gilbert, Esq. ; an affidavit of George Merchant, Esq., and a letter from Anthony Marvine, Esq., addressed to his Honor the Speaker, were severally read, and are in the words following, to wit : The subscriber being in conversation with a member of the Assembly on the subject of the Merchants' Bank, was told (seem- ingly as an inducement for the subscriber in favor of it), that those members who would vote in favor of giving the said bank a charter, would have the privilege of having some shares in the said bank, and that if they did not wish to fill up the said shares, some person would appear who would give them twenty-five per cent advance on the said shares ; and further, the said member who mentioned this, was and still is, in favor of giving the said bank a charter. JOHN BALLAED. March 15, 1805. The subscriber, while in conversation with a member of the Assembly on the subject of the Merchants' Bank, was told that those who would vote in favor of giving the said bank a charter, would have the privilege of having some shares in the said bank ; and fur- ther, that the said member is in favor of the said bank. GUEDON HUNTINGTON. March 15, 1805. SiE.— As you mentioned in your place in the House of Assembly, that improper means were made use of to influence the members to vote for the Merchants' Bank now before the House, I will state to you a fact that happened to me. Some time after the meeting of the Legislature, and previous to the time that the bill for incorporating the Merchants' Bank was brought in the Assembly, a member of this House observed to me that if I would support that institution by my vote, I could have a number of shares, and that, if I was not dis- posed to keep them, I could sell them to a considerable advance ; that as I was alphabetically near the first of the list of the Assembly, my 20 Cases of Beeaches of Peivilege of the House voting for that bill would be of use, as they wanted to give it a run in the first instance. I thought proper to give this information, and for you to make such use of it as you may deem expedient. I am, sir, yours, etc. PETEE BETTS. William W. Gilbeet, Esq. Albany County, s$: Personally appeared before me, George Merchant, Esq., of the city of Albany, and being duly sworn saith, that Mr. Marvine, a member of the House of Assembly, from the county of Delaware, told this deponent that he had been oflered twenty-four shares in the Mer- chants' Bank, provided he would vote for the incorporation of said bank, and asked this deponent what he would have done in such a case; to which he replied, that he would conceive it his duty to expose the man who made the offer, or words to that effect. Mr. Marviue then observed that it was a particular friend who made the offer, and therefore, he thought he ought not to expose him, and fur- ther this deponent saith not. GEOEGE MEECHAISTT. , Sworn before me, this 15th ) day of March, 1805, j Benjamin "Wallace, Esq., One of the Justices of the Peace in and for the County of Albany. Albany, March 16<7i., 1805. The Honorable the Speaker : Sm.^ — Being informed that Mr. George Merchant, of this city, had made an affidavit adverting to my conversation in relation to the bill now before the Legislature, for incorporating the Merchants' Bank, and which affidavit is intended to be brought before the honorable the House of Assembly for their consideration, I therefore think it proper to state that on Thursday evening last Mr. Merchant and myself were in conversation on the subject of the bank question, in the course of which I observed to him, in a hypothetical manner, as follows : Suppose a person was to oflfer you twenty-four shares in the Merchants' Bank, what would you do ? He remarked, that he would expose the person ; upon which I further observed : But suppose it was a particular friend of yours, and to which he added, he did not suppose that would alter his conduct, or words purporting similar ideas. IN THE Assembly of the State of New Yoek. 21 I further state that I have no knowledge of any further or diiferent conversation with Mr. Merchant on this subject. I also add that no member of this House ever made any offer to me of a similar nature to the above, nor has the same been made by any agent for the bank ; that during the time the subject has been agitated, I have had free conversation with several gentlemen out of the House, and from some of whom I have heard it observed that shares would be at the service of the friends of the bank if it succeeded. ANTH. MAEVmE. Thereupon Mr. Gei'man made a motion that the House should agree to a resolution, with its recital in the words following, to wit : Whereas, It appears to this House by the certificates of G-urdon Huntington, John Ballard and Peter Betts, members of this House, that they have respectively been offered shares to induce them to vote for the bill entitled " An act to incorporate the stockholders of the Merchants' Bank in the city of New York," and especially that the said John Ballard was offered twenty-five per cent advance on the shares so offered him if he did not wish to fill up the same ; and whereas, the offer to any member of the Legislature of pecuniary inducements to influence his vote on a bill pending before them, is not only a breach of privilege and a high misdemeanor, but has an alarming ten- dency to destroy the freedom of opinion and to disgrace the legislative character. Therefore, Resolved, That be a committee for the purpose of inquiring whetlier any, and what pecuniary or other improper rewards have been offered to any member of this House to induce him to vote in favor of the bill entitled " An act to incorporate the stockholders of tl* Merchants' Bank in the city of New York ;" that the committee have power to send for persons and papers ; that they have leave to sit dur- ing the session of this House, and that they report their proceedings to this House without delay. Mr. Lush made a motion that the Plouse should agree to a substi- tute, which, being read, is in the words following, to wit : Whereas, It is suggested that certain undue and indirect means by surprise or otherwise have been adopted to obtain the incorporation of certain banks within this State, and whereas the dignity and inde- pendence of the Legislature are implicated in the said suggestions ; be it therefore Eesohed (if the Honorable the Senate concur herein), That a joint committee of the Senate and Assembly be appointed for the 22 Cases of Beeaches of Pehtlege of the House purpose of inquiring into the truth of those suggestions, and that they have power to send for persons and papers and to make such examina- tions as they may deem proper, and, in case of such concmTonce, that be a committee on the part of this House. Mr. Speaker decided that the said motion was not in order, and an appeal being made from the decision of the Chair, the same was con- iirmed by the House. Mr. Lush then made a motion that the House should agree to receive a substitute which, being read, is in the words following, to wit: Whe?'eas, It is suggested to this House that certain undue and indi- rect means, by surprise or otherwise, have been adopted to obtain the incorporation of certain banks within this State, And whereas, The dignity and independence of the Legislature are implicated in tlie said suggestions, be it, therefore, JResolved, Tliat a committee of this House be appointed for the purpose of inquiring into the truth of those suggestions, and that they have power to send for persons and papers, and to make such exami- nations as they may deem proper. Debates were had thereon, and Mr. Speaker, having put the question whether the House would agree to the said motion, it was carried in the affirmative. The ayes and nays being called* for by Mr. Lush, seconded by Mr. Livingston, were as follows, to wit : In the affirmative, 50. In the negative, 40. Mr. Gilbert then made a motion that the House should agree to a recital to precede the recital moved by Mr. Lush, which, being read, \i in the words following, to wit : Whereas, It appears to this House, as well by the certificates as the declarations of several of the members thereof, that offers have been made by a member or members of this House, and by others to the said members, of certain shares in the Merchants' Bank in the city of New York, to induce the said members to vote in favor of a bill to incorporate the said bank ; and, particularly, that John Ballard, one of the members of the House, had not only been ofi'ered a/ certain number of the said shares, but has also, in order that his vote might be secured in favor of the said bUl, been promised twenty-five per cent on the nominal amount of the said shares, after said incorporating act should be passed. And, whereas, Attempts to influence the votes of members of this House by the proffer of bribes, in the shape of money or other bene- usr THE Assembly oe the State of New Yoek. 23 ficial rewards, are not only breaches of privilege and high misde- meanors, but have an alarming tendency to corrupt and prevent the opinions and votes of individual members, and to disgrace and destroy the purity of legislation, in open violation of the dearest and most invaluable interests of our constituents. And the question having been put whether the House would agree to the same, it was carried in the aifirmative. Mr. Elmendorf then made a motion that the words, " And whereas. It is suggested to this House by a member thereof, that undue and indirect means, by surprise or otherwise, have been adopted to obtain the incorporation of certain other banks witliin this State ;" " And whereas. The dignity and independence of the Legislature are implicated in the said suggestions," should both be expunged from the said recital. Debates were had thereon, and Mr. Speaker having put the ques- tion whether the House would agree to the said motion, it passed in the negative. The yeas and nays being called for by Mr. Elmendorf, seconded by Mr. W. Livingston, were as follows, to wit : For the negative, 75. For the affirmative, 12. CoirDyiiTTEB Appointed. Thereupon the following resolution, with its recital, was agreed to by the House : Whereas, It appears to this House, as well by the certificates as the declarations of several of the members thereof, that offers ha-\'e been made by a member or members of this House, and by others to the said members, of certain shares in the Merchants' Bank in the city of Kew York, to induce the said members to vote in favor of a bill to incorporate the said bank ; and, particularly, that John Ballard, one of the members of this House, hath not only been offered a certain number of the said shares, but has also, in order that his vote might be secured in favor of the said bill, been promised twenty-five per cent on tlie nominal amount of the said shares, after the said incorpo- rating act should be passed ; and, Whereas, Attempts to influence the votes of members of this House by the profi'er of ' bribes in the shape of money, or other beneficial rewards, are not only breaches of privilege and high misdemeanors, but have an alarming tendency to corrupt and pervert the opinions and votes of individual members, and to disgrace and destroy the 2i Cases of Bkeaches of Peivilege of the House purity of legislation, in open violation of the dearest and most invalu- able interests of our constituents ; and, Whereas, It is suggested to this House, by a member thereof, that certain undue and indirect means, by surprise or otherwise, have been adopted to obtain the incorporation of certain other banks within this State ; and, WJiereas, The dignity and independence of the Legislature are implicated in the said suggestions. Be it therefore. Resolved, That a committee of this House be appointed for the purpose of inquiring into the truth of those suggestions and charges, and that they have power to send for persons and papers, and all other power incidental and necessary to detect and bring to light the said offenses ; and that they have leave to sit during the session of the House, and that they report their proceedings in the preniises with all convenient speed ; and that Mr. W. Gilbert, Mr. W. Living- ston, Mr. German, Mr. Arcularius, Mr. Mclntyre, Mr. Silvester and Mr. Lush form said committee. Resolved, That the sergeant-at-arms attend the said committee, receive their orders and carry them into effect. Assembly Journal, 1804-5, pages 223, 22i, 225, 226, 227, 228. Assembly Chambee, March 15, 1805. Mr. W. Gilbert, from the committee appointed to investigate whether any and what improper means have been employed to obtain a charter for the Merchants' Bank, or any other banks within this State, asked leave to report. Leave to Kepobt Denied. Debates were had whether the said committee should have leave to report, and Mr. Speaker having put the question, it passed in the negative. For the negative, 51. For the affirmative, 35. COMMTTTEE InCEEASED IN NuMBEE. Mr. Rockland then moved a resolution in the words following, to wit : Resolved, That there be five members added to the committee appointed on Saturday last, of which Mr. Gilbert is chairman, and that such additional members be chosen by ballot. (The number five was changed to six, and various other motions made and proceedings had, and the resolution as amended passed). See Assembly Journal, 1804-5, pages 228, 229, 230. IN THE ASSKIIELY OF THE StATE OF New YoeK. 25 The House then proceeded to choose, by ballot, tlie said committee, and after having taken and canvassed the ballots, it appeared that Mr. Van Ness, Mr. Barber, Mr. Crawford, Mr. Odell, Mr. Payne and Mr. Mann were duly chosen. House and Galleey Closed. On the suggestion of Mr. Gilbert that a motion he was ready to make would require secresy. Resolved, That the gallery and House be cleared of all pei'sons except the members and attendant officers. Thereupon Mr. Doll rose in his place and made the following statement: That on Friday morning, the 15th inst., this deponent came to the room of Samuel Sherwood, at the house of Mr. Skinner, where after some conversation taking place between this deponent on the Merchants' Bank, the said Sherwood seemed to express some sur- prise on the deponent being in opposition to the said bank. That at that moment a member of the House came to the 'said room, where, after having some further conservation in presence of the said mem- ber, the said Sherwood by expression told the deponent that he said Sherwood supposed this deponent would lose his favorite object, a turnpike bill, in the Senate ; that this deponent then answered, in some warmth, that he (this deponent) did not care anything about the said turnpike's passing; and that also the said deponent being a can- didate for a judge in the county, the said Sherwood remarked that he rather supposed that my being in favor of the said bank would pro- cure the said deponent the said appointment sooner than if he should be against it ; that about this time the member present left the room, and then the said Sherwood commenced the conversation contained in the affidavit of this deponent, viz. : " That yesterday morning, between the hours of nine and ten, Samuel Sherwood, attorney-at-law, from the county of Delaware, offisred him his horse, saddle and bridle, to go and see his sister, who lived out of town, and requested to know whether he would take twenty-four shares in the Merchants' Bank for that purpose, which he refused ; that said Sherwood supposed the shares to be worth $200, and this deponent told him they were worth $300 ; that then the said deponent asked this deponent whether he would take $300 to go and see his sister ; that he (the said Shei-wood) then asked this deponent what he would take to vote in favor of the bank; that this deponent answered, evasively, nothing less than $1,000, $750 or $500, which by this deponent were considered at the time as expressions of no consequence, as this deponent had no idea 26 Cases of Breaches of Peivilege of the House the same would be acceded to ; that then afterwards this deponent, with said Sherwood, came on the second floor of said House, where said Sherwood again repeated the offers as stated in the aflidavit, and that then this deponent took them to be intended as serious. Samuel Sherwood Ordered Arrested. Mr. W. Gilbert made a motion that the House should agree to a resolution in the words following, to wit : Resolved, That the Speaker of this House be requested and autho- rized to issue his warrant to the sergeant-at-arms to apprehend Samuel Sherwood, attorney-at-law, of the county of Delaware, and bring him before this House to-morrow morning at ten o'clock to answer to certain charges made against him, touching the privilege of a member of this House, and such other charges as may be alleged against him. Mr. Kirkland tlien made a motion that a recital in the words fol- lowing should precede the said resolution : Whereas, A communication has been made to this House by x\dam I. Doll, and also an affidavit by the said Adam has been presented to this Plouse, in which communication and affidavit it is stated that Samuel Sherwood, attornej^-at-law, of the county of Delaware, had attempted to influence in an improper manner the said Adam to vote for the Merchants' Eank ; therefore, Mr. Speaker put the question, whether the House would agree to the said resolution, with the recital, which was carried in the affirma- tive. Secrecy Enjoined. Resolved, That secrecy be enjoined on every member of this House and its attending officers. The House then adjourned until nine o'clock to-morrow morning. March 19, 1805. The House met pursuant to adjournment. Samuel Sherwood Apprehended and at the Bar of the House. Mr. Speaker informed the House that the sergeant-at-arms had, pursuant to the warrant issued by him to apprehend the said Samuel Sherwood, an attorney-at-law, from the county of Delaware, appre- hended the said Samuel Sherwood, and that he was attending at the bar of the House ; thereupon. Resolved, That the Speaker state the cliarges to tlie said Samuel Sherwood. IN THE Assembly of tue State of New Yoek. 27 Mr. Speaker thereupon stated to the said Samuel Sherwood, that he was charged with using undue means to influence the vote of Adam 1. Doll, a member of this House, in favor of the Merchants' Bank, and requested him to answer whether he was guilty or not guilty ; to which the said Samuel answered, iN'oT Guilty. Mr. Speaker then asked the said Samuel whether he was ready to proceed to answer the said charge ; to which the said Samuel answered that he wished time to consult and prepare himself until to-morrow. Thereupon, Resolved, That the said Samuel Sherwood be taken into custody by the sergeant-at-arms, who is authorized to take sufficient surety from the said Samuel for his appearance at the bar of this House to-morrow morning at ten o'clock. Ordered, That the said Samuel Sherwood be furnished with a copy of the communication and affidavit by which he was charged. Assembly Journal, 1804, 1805, pages 228 to 235 inclusive. See, also, pages 236 to 245. Assembly Chamber, Albany, March 20, 1805. Affidavits Presented. A communication from Henry Kutgers and William Few, addressed to his Honor the Speaker, was read in the words following, to wit : Albany, March 20, 1805. Sir. — We herewith inclose sundry affidavits, from which it will appear that a plan of corruption of the most injurious consequences has been premeditated and practiced, and the most unwarrantable measures have been adopted to caiTy the same into eifect ; and we are well assured that for this, evidence maybe obtained to corroborate or confirm these facts. We are, sir, your most obedient servants, HENEY KUTGEES. W. FEW. The said affidavits being read, Mr. German made a motion, that the said communication and affi- davits should be referred to the committee of the whole House when on the bill entitled "An act to incorporate the Stockholders of the Merchant's Bank in the city of New York." 28 Cases of Bkeaches of Peivilege of the HotrsE Mr. Van JSTess then made a motion, that the House shall agree to a resolution with recitals, in the words following, to wit : Whereas, It appears to this House that copies of certain affidavits taken before a committee of investigation, appointed by this House, have been made by some person without the authority of the said committee, which copies reflect upon the integrity and purity of cer- tain members of this House ; And vihereas, The said copies of the said examinations have this morning been handed to the Speaker, also without authority of the said committee ; And tohereas, Such communications are highly improper, and are a breach of the privileges of the said committee appointed by this House as aforesaid, therefore, Resolved, That the said copies be handed to the member or mem- liers who presented the same ; and inasmuch as they came improperly before this House, Resolved further, That the same shall not be entered upon the Journals of this House. Debates were tlieu had on the motion of Mr. German ; and Mr. Speaker having put the question wliether the House would agree thereto, it passed in the negative. For the negative, 52. For the affirmative, 35. Debates were then liad on the said resolutions and recitals, and Mr. Speaker put the question whether the House would agree thereto ; it was carjijed in the affirmative. For the affirmative, 48. For the negative, 38. Assembly Journal, 1805, pages 245, 246-7. E.EP0RT OF CoMMrrTEE. Assembly Cuambee, March 21, 1805. Mr. W. Gilbert, from the committee appointed to investigate and develope whether any, and what improper means have been employed to obtain a charter for the Merchant's Bank, or any other banks within this State, reported the following statement of their proceedings, to wit : State of Xew Yoek. At a meeting of the committee appointed by the House of Assem- bly, this 16th day of March, 1805, for the purpose of investigating mal-conduct relative to certain banks mentioned in the resolution appointing the said committee. tN THE Assembly of the State of New Yoek. 29 Present — Mr. W. Gilbert, Chairman, Mr. W. Livingston, Mr. Arcularius, Mr. German, Mr. Silvester, Mr. Mclntyfe, Mr. Lush. For testimony see Assembly Journal, 1804^5, pages 249, 250, 251, 252, 253, '254. Mr. Gilbert further reported, that during the time which had elapsed since the appointment of the committee, they have been dili- gently employed in collecting the testimony contained in the forego- ing statement, and that they shall proceed with all due diligence to complete the investigation. See for further proceedings, Assembly Journal, 1805, pages 254, 255. Teial of Samuel Sheewood. The House then proceeded to the trial of Samuel Sherwood, Esq., an attomey-at-law from the county of Delaware, on the charge of having made use of undue means to influence the vote of Adam I. Doll, a member of this House, in favor of the Merchants' Bank in the city of New York, and after an examination of the witnesses called in support of the charge, and their cross-examination by Mr. Sher- wood and his counsel, it was proposed by his counsel that Mr. Sher- wood should read his own aflSdavit in relation to the charges exhibited against him. Debates were had thereon, and the question having been taken whether the House would agree to the said proposition, it passed in the negative. For the negative, 43. For the affirmative, 42. Ftoat, Action and Veedict of the House. Mr. Speaker then put the question : Is Samuel Sherwood, the prisoner at the bar, guilty or not guilty ? And stated to the House that those gentlemen who considered Mr. Sherwood guilty, would answer in the affirmative, and those who con- sidered him not guilty, would answer in the negative. Thereupon the ayes and nays being called, were as follows, to wit : For the affirmative (names omitted), 15. For the negative (names omitted), 61. Samuel Sheewood found Not Guilty and Discharged. Thereupon, Resohed, That Samuel Sherwood is not guilty of the charge exhibited against him, and that he be and is hereby discharged. Assembly Journal, 1805, pages 248 to 256 inclusive. 30 Cases of Bkeacheb cf Privilege of the House In the Matter of the Breach of Privilege of Daniel Rodman. Charges that a Member was Bribed. Assembly Chamber, m the City of New York, } February 8, 1810. j A letter from Abraham Van Yechten, Esq., a member of this House, addressed to his honor the Speaker, was read, and is in the words fol- lowing, to wit : Februanj 8, 1810. Sir.— I have the honor to inclose you an affidavit, which shows that a serious charge is made against one of the justices of the Honorable the Supreme Court, and against me as a member of this House. I submit to the consideration of the House whether any, and if any, what means should be taken in order to a speedy and thorough investi- gation of the origin and foundation of that charge. I have the honor to be, with great respect, Your obedient servant, ABEAHAM YAN YECHTEN. The Honorable "William North, Speaker of the House of Assembly. Charges. City and County of Albany, ss: Ira Day, a member of the Legislature of the State of New York, being duly sworn, says that on the 2d day of February instant, in the presence of this deponent and Isaac Yan Lorn, Daniel Rodman, of the city of Albany, to the best of this deponent's recollection, did declare that Robert Williams (alluding to Robert Williams, then a member of the Council of Appointment from the middle district), was bribed, and then said : Suppose that one of the supreme judges and the new Attorney-General were the contracting parties, with Robert Williams, and suppose Judge Yan Ness was door-keeper at the time, and that there was a man secreted in a closet who heard the contract ; and suppose we produce a small piece of paper in the handwriting of one of the judges, stating a part of the contract. What, said Mr. Rodman, will yon think of all that % And the said Daniel Rodman m THE Assembly of the State of New Yoek. 31 declared that all the above facts would be brought out before the next election. lEA DAY. Sworn to before me this 8th ) day of February, 1810. j RicHAED S. Tebat, One of the Judges of the Court of Com- mon Pleas for the county of Albany. Thereupon the House came to the following resolutions, with the recitals, to wit : Committee of Investigation Appointed. Whereas, It appears to this House by .the affidavit of Ira Day, Esq., a member thereof, that Daniel Eodman, the former clerk of this House, has in substance declared and published that the Hon. Robert Williams, now a member of the Council of Appointment of this State, had been bribed, and that the Hon. William W. Van Ness, Esq., and Abraham Van Vechten, Esq., the latter a member of this House, was one of the contracting parties ; And whereas. The dignity and independence of this House, as well as of the honorable the Senate, are implicated in these transactions ; And whereas. It is of the utmost importance to the people of this State that if any such practices have existed they should be detected, exposed and punished, and if they do not exist that the caluminators or caluminator should be exposed and censured, and the persons or bodies implicated be cleansed from all suspicions ; therefore. Resolved, That a committee of this House be appointed for the purpose of inquiring into the truth of those declarations and charges, and that they have power to seqd for persons and papers, and all other powers incidental and necessary to bring to light the said offenses ; and that they have leave to sit during the session of the House ; and that they report their proceedings in the premises with all convenient speed ; and that Mr. Cady, Mr. Mitchell, Mr. Grosvenor, Mr. Skinner and Mr. French be the said committee. Resoloed, That the sergeant-at-arms do attend the said committee, receive their orders, and carry them into effect. Assembly Journal, 1810, pp. 63, 64. Repoet of Committee. Assembly Chambee, FeTyrua/ry 21, 1810. Mr. Cady, from the committee to whom was referred the letter of the Attorney-General and the affidavit of Ira Day, Esq., reported 32 Cases of Beeaches of Peivilege of the House that they have, in obedience to the resolutions of this House, proceeded to make diligent inquiry respecting the subjects mentioned in the resolutions appointing them. The committee from the said resolutions understood that the object* for which they were appointed were two : 1st. To ascertain whether Daniel Eodman, fonner clerk of the House of Assembly, had made the declarations stated in the said resolution; and, 2d. "Whether these declarations were founded in truth. As to the first branch of the inquiry, the committee state that they have examined Ira Day, Esq., a member of this House, and Isaac Van Loan, Esq., on oath, who concur in proving, as by their deposi- tions hereto annexed will appear, that the said Daniel Eodman did, on tlie second day of February instant, make declarations vfhich can be understood in no other sense than as charging the Hon. Rolert Williams with having been bribed, and charging the Hon. "William W. Van Ness, Esq., and the Attorney-General of the State, a member of this House, as agents and parties in bribing the said Robert "Wil- liams. For the purpose of ascertaining whether those declarations wei'e warranted by facts, the committee summoned before them, and exam- ined upon oath, the said Daniel Rodman, who was unable to state any fact or circumstance warranting the declarations which lie had made ; that the said Daniel Rodman, as appears from his deposition hereto annexed, represents his declarations to have been materially different from those sworn to by the said Ira Day and Isaac Van Loan, and he expressly swears that he did not mention the name of the Attorney-General, Mr. Van Vechten, as connected with the cor- ruption of Mr. "Williams ; nor did he intend to make the slightest imputation on him or the Hon. William "W. Van Ness, Esq. ; nor did he suppose that either Mr. Day or Mr. Van Loan would have under- stood him in earnest ; but lie considered his declarations as a fair retaliation for their calling Mr. "Williams a republican. Yet the said Daniel Rodman declared to the committee that he did, both at the time he made the declarations to Messrs. Day and Van Loan, and at thre time of his examination, believe that the said Robert "Williams had been corrupted. As one gromid of such belief, he declared that during the last sum- mer and fall he had received, by way of loan, large sums of money in New York, and particularly from Egbert Benson, Esq. The committee have examined the said Egbert Benson, Esq., on oath, from whose deposition, herewith submitted, it appears that the m THE Assembly of the State of New Yoek. 33 only moneyed transaction between him and the said Kobert Williams oi-iginated in the year 1795 ; and that he knows of no fact calculated to show that the said Eobert Williams has been bribed. The said Daniel Rodman also stated, as further grounds of his belief, that a Mr. Storrs had declared to him that he had some know- ledge of a contract made by Mr. Williams. He also said that he had been informed that Zebulou R. Shepard and James Warren had made declarations calculated to induce a belief that they were privy to or liad some information upon the subjects of inquiry. The said Daniel Eodman also stated that he had been informed that a Mr. Van Schoonhoven, at Waterford, had declared that they, the federalists, would purcliase a member of the council, and that he would give one hundred dollars for that purpose. The committee, anxious to discover if the belief of the said Daniel llodnuni was founded on facts or circumstances, that would warrant even a suspicion that either of tlie gentlemen named in the resolu- tion, had been guilty of the offenses charged upon them, have exam- ined Zebulon K. Shepard, James Warren and Henry E. Storrs, upon iiath, from whose depositions herewitii submitted it appears that witliin the knowledge of these gentlemen, there is no fact or circum- btances whicli can cast a shade of suspicion upon either of- the gentle- men named in the resolution. Tlie committee have examined every person pointed out by the said Daniel Kodman, except Mr. Van Schoohoven. The committee (lid not deem it necessary to send for him in order to ascertain whether he had carried his threat into effect. The committee finding nothing which implicated the Honorable William W. Van jSTess or the Attorney-General, concluded it would be proper to examine them. On the i-equest of the committee they appeared before the committee, were examined on oath, and from their depositions herewith submitted, it appears that neither of them know of any facts or circumstances calculated to prove or excite a suspicion that the said Robert Williams had been bribed by any one. The said Robert Williams has delivered to the committee his affi- davit, which is also submitted to the House with this report. Tlie committee willing to pursue the inquiry to every practicable extent, liave in the course of the investigation, called before them several other persons, who as the committee were informed, had made declarations similar to those made by the said Daniel Eodman. The depositions of tliose persons are submitted with this report. Upon the wliole, the committee are of the opinion that the declara- .3 34: Cases of Eeeaches of Peb-ilege of the House tions made by the said Daniel Rodman, as proved by the said Ira Day and Isaac Van Loan were false and caluminous, and a hreach of the privileges of this branch of the Legislature, inasmuch as they jharge one of its members with corruption. That the committee are at the same time of opinion, that as the said Daniel Rodman has upon oath, declared that he did not intend to make the slightest imputations upon the Attorney-General, a member of this House, and as they have traced the charges to sources too contemptible to produce permanent injuries, either to this House or the gentlemen implicated, it will but comport with the dignity thereof, to take no further notice of the said declarations of the said Daniel Rodman, than as a mark of their disapprobation and censure of his conduct to pass a resolution, rescinding the resolution by which the said Daniel Rodman is permitted to come within the bar of this House. And the committee have directed their chairman to offer such resolution. City and County of Albany, ss : Ira Day, a member of the Legislature of the State of New York, being duly sworn, says, that on the second day of February, instant, in the presence of this deponent and Isaac Van Loan, Daniel Rod- man of the city of Albany, to the best of this deponent's recollection, did declare that Robert Williams (alluding to Robert "Williams of Poughkeepsie, then a member of the council of appointment from the middle District), was bribed ; and then said, " Suppose that one of the supreme judges and the new Attorney-General were the contract- ing parties with Robert Williams, and suppose Judge Van Ness was door-keeper at the time, and at that time was a man secreted in a closet who had the contract, and suppose we produce a small piece of paper in the handwriting of one of the judges, stating a part of the con- tract," what, said Mr. Rodman, " will you think of that ?" And the said Daniel Rodman declared that all the above facts would be made out before the next election. IRA DAY. Sworn to before me, this 8th / day of February, 1810. \ Richard S. Teeat, One of the Judges of the Court of Common Pleas for the Coimty of Albany. m THE Assembly of the State of New Toek. 35 February Qth, 1810. Ira Day, a member of the House of Assembly, being summoned to attend, appeared accordingly, and after being sworn, to make true answers to such questions as should be put to him by the committee, relative to the objects mentioned in the resolutions appointing the conmiittee, said, that on the second day of February, instant, at the house of Mr. Skinner, in this city, Daniel Rodman called at this deponent's room, and inquired for Colonel Haight ; and after stating that some of the appointments, which had tlien recently been made, would injure the federal party, the said Daniel Hodman made use of the declarations stated in this deponent's affidavit, which has been submitted to the House of the Assembly. He thinks that Mr. Eod- man left the room before Colonel Haight returned ; that Mr. Hodman did not mention the time, when or place where he supposed Mr. Wil- liams was bribed. That this deponent supposed Mr. Rodman made the said declarations seriously. Sworn to before me, this 9th ) day of February, 1810. j E.ICI-IAEB S. TkEAT, One of the Jvdges of the Court. of Common, Pleas for the County of Albany. Mr. Daniel Eodman, having been summoned to attend, attended accordingly, and the chairman of the committee stated to Mr. Rodman that the object of the committee in requiring his attendance was to learn from him whether he knew of any fact calculating to show that the Hon. Robert Williams had been bribed through the agency of the Hon. William W. Van Ness, Esq., or Abraham Van Vechten, Esq., a member of this House. Mr. Rodman declined answering any questions leading to such inquiry, unless he could be permitted to state the conversation which did pass between him and Mr. Day. February 13, 1810. Isaac Van Loan, Esq., of Catskill, in the county of Greene, being summoned to attend, appeared accordingly, and after having been sworn to make true answers to such questions as should be put to him by the committee relative to the objects mentioned in the resolution appointing the committee, said : " That on the second day of Feb- ruary instant, at the house of Mr. Skinner, in this city, this deponent and Ira Day, Esq., were above in one of the rooms of Mr. Skinner's house, when Daniel Rodman, Esq., came into the room and inquired 36 Cases of Breaches of Peivilege of the House for Col. Haight, who then was absent, and that Mr. Rodman repro- bated the appointments of the sheriifs of the counties of Columbia and Greene. This deponent then observed to Mr. Rodman that the appointments must bo considered as repiiblican appointments, as a inajority of the Council were republicans. Mr. Rodman then said, to the best of this deponent's recollection, that Robei-t Wilhams was bribed. This deponent then said that he could not believe that Mr. Williams was bribed. Mr. Rodman replied, addressing this deponent, '' what should you think if one of the judges of the Supreme Court was one of the parties ; what should you think if the new State's Attorney was another of the contracting parties; what should you think if Julge Van Ness was door-keeper at such meeting ; and what should you think, supposing we had a man secreted in a closet in that room, who heard the contract ; and suppose we found a piece of paper in the room in the handwriting of one of the judges, or Judge Van Ness, M'hich this deponent does not recollect, which proves a part of the contract ? What should you think of all this," said Mr. Rodman ? Tliis deponent replied that when it was proved he should put his own construction upon it. Tlie said Daniel Rodman then said it would all be made out before the next election. The declarations of the said Daniel Rodman were made with an apparent intention that they should be believed ; that no persons were present except Ira Day, the said Daniel Rodman, and the deponent ; and that the said Daniel Rodman did not mention the time when or the place where the said Robert Williams was ))ribed, or the manner in which it was eflFected. ISAAC VAN LOAN. I RiCHAED S. Treat, One of the Judges of the Court of Comvion Pleas for the Coy,nty of Albatiy. Peter Donnelly, being sworn, says he knows nothing respecting the subjects maintained in the said resolutions, except conversations which took place in bar-rooms. Sworn to before me this 13th ) day of February, 1810. j Richard S. Treat, One of the Judges of the Court of Common Pleas for the County of Albany. Sworn this 13th day of Feb., 1810, before me. IN THE Assembly of the State of New Toek. 3T Jonathan "Warren, being duly sworn, says, that he knows nothing respecting the subjects mentioned in the said resolution, nor has he ever accused either of the gentlemen mentioned in the resolution with being bribed or bribing others. Sworn to before me this 13th ) day of February, 1810. j RioHAKD S. Tee AT, One of the Judges of the Court of Common Pleas for the County of Albany. February 16, 1810. Daniel Eodman, late clerk of the House of Assembly, being sum- moned to attend, appeared accordingly, and, after having been sworn to make true answers to such questions as should be put to him by the committee, relative to the object mentioned in the resolution appointing the committee, said : That on the second day of February instant, this deponent called at the house of Mr. Skinner, for the purpose of calling on Col. Haight, and went into the room in which Ira Day, Esq., and Isaac Yan Loan were ; that, not finding Col. Haight, he left a card for him, and was about leaving the room when Mr. Ira Day asked him to sit down ; he sat down, and after conversing some time respecting some recent removals and appointments, which this deponent told them would injure the federal party, Mr. Van Loan replied that he could not find fault with the conduct of the council, as they were republi- cans. He supposed that Mr. Van Loan was quizzing him, and there- fore said he thought Robert Williams was corrupted ; that, although his conversion appeared almost miraculous, he believed it was brought about by human agency ; that our Ariel will come out before the next election and produce the contract. It was not for nothing that Judge Van Ness and Gilbert Stewart were patroling the street before Governor Piatt's door the other evening. That either Mr. Day or Mr. Van Loan replied, that he could not believe that a republican could be bought. This deponent replied that Mr. Purdy was a memorable instance of what could be done. That this deponent did not mention the name of the Attorney-General, Mr. Van Vechten, as connected with the corruption of Mr. "Williams, nor did he intend to make the slightest imputation on him or the Hon. WiUiam W. Van Ness ; nor did he suppose that either Mr. Day or Mr. Van Loan would have understood him in earnest; but he considered his 38 Cases of Beeaches of Peivilege of the Hotjse declaration as a fair retaliation for thus calling Mr. "Williams a republican. Sworn to before me this 16th \ day of February, 1810. \ EicHAED S. Treat, One of the Judges of the Court of Gomm.mi Pleas of the County of Allany. February 17, 1810. Albany, ss : Henry E. Storrs being duly sworn, saith : That in this city he has had conversation with Daniel Eodman, respecting certain charges of bribery made by said Eodman against William W. "Van Ness, Esq., and Abraham Van Vechten, Esq. This deponent saith that in said conversation, Daniel Eodman did intimate that he had made such charge against the above gentlemen ; and this deponent did thereupon reply to said Eodman, that it was not true that said gentlemen or either of them had been guilty of the same, and that this deponent did further say, that he had been informed to his entire satisfaction, that the arrangement entered into by Eobert Williams, Esq., if any ever was, was without the means or concern of those gentlemen. This deponent further saith : That he does not expressly deny that he, by the above, alluded, or intended to allude to or declare, in any manner insinuate that any corrupt or improper arrangement had been made by any person whatever, with Mr. Williams or by any improper means ; and that all pretenses that this deponent did so are false and unfounded. And that this deponent hath no knowledge of or any belief that such alleged charges are true, and does believe them to be false throughout. IIENEY E. STOEES. Sworn to before me, this ] lYth day of February, 1810. ) ElCHAED S. TeEAT, One of the Judges of the Court of Common Pleas for the County of Albany. February 19, 1810. Albany County, ss : Zebulon E. Shepherd, being summoned to appear, appeared accord- ingly, and after being duly sworn to answer such questions as should be put to him by the committee, relating to the subject mentioned in the resolution, said that he came to the city of Albany on the fourth IN THE Assembly of the State of New Yoke. 39 day of February instant ; that on his way, at Salem in the county of Washington, he was informed who were chosen members of the Council of Appointment, that he had not before then heard that Mr. Robert Williams was to be a member of the council ; that he had never said or intimated, that the said Eobert Williams was corrupted, nor does he know of any fact calculated to excite a suspicion of that kind. ZEBULOl^ E. SHEPHEED. Sworn to before me, this 19th day of February, 1810. ElOHAED S. TeEAT, One of the Judges of the Court of Gominon Pleas for the County of Albcmy. Albany County, ss : James Warren, of the city of Albany, merchant, having been sum- moned, appeared before the committee, and, after being duly sworn to make true answers to such questions as should be put to him respecting the subjects mentioned in the resolution appointing the committee, said that he knows of no fact or circumstance calculated to prove, or excite a suspicion, that the Hon. Eobert Williams was bribed ; tliat he never spoke to the said Eobert Williams in his life. JAMES WAEEEl^Tr Sworn to before me this 19th of February, 1810. ElCHAED S. TeEAT, One of the Judges of the Court of Common Pleas for the County of Albany. Albany County, ss : Egbert Benson, of the city of New York, being summoned to appear, appeared accordingly; and, after being duly sworn to make true answers to such questions as should be put to him by the com- mittee, said : That in the year 1795 he sold to Eobert Williams, now a member of the Council of Appointment, a quantity of materials which he had collected at Poughkeepsie for building a house, but which, being about to remove to New York, he disposed of, and for which the said Eobert Williams gave him two bonds, one for one hundred and fifty pounds, and the other for one hundred and five pounds, and which bonds he still holds, the said Eobert Williams having constantly since annually paid the interest ; that whence it was that the said Eobert Williams gave the deponent two bonds for 40 Cases of Breaches of Peivilege of the House the several sums above mentioned, instead of one bond for the wljole amount, he does not recollect; and that this is the only moneyed transaction, except purchasing one horse of him in the preceding sum- mer, he ever had with the said Eobert Williams, to the best of his knowledge or recollection ; and he further saith that he does not know of the said Robert "Williams having received any sum of money during the last summer or fall or the present winter, nor does he know of any fact calculated to show that the said Eobert Williams has been bribed. EGBERT BEKSON. Sworn to before me this 19th ) day of February, 1810. f RiCHAED S. Teeat, One of the Judges of the Court of Common Pleas for the County of Albany. Albany Coitnty, ss : William W. Van Ness, Esq., one of the judges of the Supreme Court, attended before the committee in pursuance of their request, and after being duly sworn to answer such questions as should be put to him, in relation to the subject mentioned in the resolution appointing the committee, said, that he knows of no fact or circumstance which is calculated to prove or excite suspicion that the Honorable Robert Williams was bribed ; nor has he been with Gilbert Stewart, to his recollection, in the street before the door of Mr. McClallen's in this city. W. W. VAN" NESS. Sworn to before me, this 19th ) February, 1810. j RicHAED S. Teeat, One of the Judges of the Court of Common Pleas for tJie County of Albany. Albany County, ss : Abraham Van Vechten, Esq., Attorney-General, appeared before the committee in pursuance of their request, and after being duly sworn to answer such questions as should be put to him in relation to the subject mentioned in the resolution appointing the committee, said, that he knows of no fact or circumstance calculated to excite suspicion that the Honorable Robert Williams had been bribed ; that he had no communication with the said Robert Williams respecting his election as a member of the Council of Appointment, nor did he see the said Robert Williams since the close of the last session of the m THE Assembly of the State of New York. 41 Legislature, until he was chosen as a member of the council at the present session of the Legislature. AB. VAN VECHTEN. Sworn to before me, this 19th ) of February, 1810. j EioHAED S. Treat, One of the Judges of the Court of Common Pleas for the County of Albany. Albany County, ss: I, Robert Williams, do solemnly swear, that I have had no com- munication whatever, verbal or written, with Abraham Yan Yeehten, Esq., since the rising of the Legislature in 1809, until after I was chosen a member of the present Council of Appointment, nor have I, within the same period of time, had any communication, verbal or written, with the Honorable "W. W. Van Ness, one of the judges of the Supreme Court, except that I once accidentally met him in Eagle Tavern of this city, on the first day of the present session of the Legislature, and then exchanged the ordinary civilities with him and no more. And I do further declare that my conduct and votes, as a member of the Council of Appointment, have not been the effects of any preconcert, previous arrangement, understanding or agreement with any person or persons whatever, but have been dictated solely by a sense of public duty, and with a view to put down what I con- ceived to be, a monopolizing mercenary family influence, too long predominant in this State. ROBERT WILLIAMS. Sworn to before me, this 20th day of February, 1810. RiOHAED S. Teeat, One of the. Judges of the Court of Common Pleas. Thereupon, Ordered, That the consideration of the said report be postponed. Ordered, That the usual number of copies of the said report be printed for the use of this House. Assembly Journal, 1810, pages 108 to 114. In Assembly, Februa/ry 26, 1810. The House proceeded to take nto consideration the report of the committee to whom was referred the letter of the Attorney-General, and the affidavit of Ira Day, Esq., as entered on the journal of this House of Wednesday last ; thereupon. 42 Cases of Beeaches of Privilege of the House Resolved, That this House do agree with the committee in their said report ; whereupon, Resolved (nnanimously), That the resolution which passed this House on the second day of February instant, permitting Daniel Rodman, former clerk of this House, at all times to come within the bar tliereof, be and the same is hereby rescinded, and that the said Daniel Eodman shall at no time hereafter be permitted to come within the bar of this House. Assembly Journal, 1810, page 138. ■ In Assembly, February 27, 1810. Mr. Grosvenor made a motion that the House should agree to a resolution, which was read, and is in the words following, to wit : Resolved, That the printer to this State be, and he is hereby directed and required to cause to be published in the State paper, called the Albany Register, without delay, the resolution appointing the com- mittee to examine into the several charges made by Daniel Rodman against the Honorable Judge Van Ness, the Attornej^-General of tliis State, and the Hon. Robert Williams, the report of said committee, the documents and affidavits accompanying the sail report, and the resolution founded thereon. Ordered, That the consideration of the said resolution be postponed until to-morrow. Assembly Journal, 1810, page 117. In Assembly, February 28, 1810. The House proceeded to take into consideration the resolution pro- posed yesterday by the motion of Mr. Grosvenor ; the same haviug been read, is in the words following, to wit : Resolved, That the printer to this State be, and he is hereby directed and required to cause to be published in the State paper, called the Albany Register, without delay, the resolution appointing the com- mittee to examine into the several charges made by Daniel Rodman, against the Hon. Judge Van Ness, the Attorney-General of this State, and the Hon. Robert Williams, the report of the said commit- tee, the documents and affidavits accompanying the said report, and the resolution founded thereon. Debates having been had thereon, Mr. Speaker put the question, whether the House would agree to the said resolution, and it was carried in the affirmative. IN THE Assembly of the State of New York. 43 Ordered, That the clerk deliver a copy of the said preceding reso- lution to the State printer. Assembly Journal, 1810, pages 156, 157. In the Matter of the Contempt of Nicholas Gabdenibe, Charged with Forging Certificate fob Claim. Assembly Chambee, Februa/ry 6, 1812. The petition of Nicholas Gardenier, praying compensation for his services during the late revolutionary war, was read, and, together with the documents accompanying the same, referred to a select committee, consisting of Mr. Yan Kensselaer, Mr. Hayes, and Mr. Livingston. Assembly Journal, 1812, page 53. Rbpoet of Committeb. Assembly Chambee, February 20th, 1812. Mr. Yan Rensselaer, from the committee to whom was referred the petition of Nicholas Gardenier, and the documents accompanying the same, reported as follows, to wit ; That on investigating the claim of the petitioner, tliey find a paper purporting to have been signed by Philip Schuyler and Yolkert P. Douw, commissioners for Indian affairs, certifying the sum of seventy- two pounds to be due to the said- Njicholas Gardenier, which certifi- cate, in the opinion of your committee, and in the knowledge of their chairman, is not signed by the said Philip and Yolkert ; your com- mittee, therefore, are of the opinion that the prayer of the petitioner ought not to be granted ; and your committee are further of opinion that public justice requires that the said Nicholas Gardenier be brought to the bar of this House, to be examined touching the said pretended certificate, and the contempt of the dignity of this House, and have directed their chairman to move the following resolution : Hesolved, That the Honorable the Speaker of this House be requested to issue his warrant, directed to the sergeant-at-arms, requiring him to take the body of Nicholas Gardenier, of the town of Charlestown, in the county of Montgomery, and to bring him to the bar of this House, to answer for an alleged contempt against this House. 44 Cases of Breaches of Pkhileoe of the Housk Ordered, That the consideration of the said report and resolution be postponed until to-morrow. Assembly Journal, 1812, page 148. Aeeest of Nicholas Gaedeniek Obdeeed. Assembly Chambee, February 26iA, 1812. The House then took into consideration the report of the commit- tee to whom was referred the petition of Nicholas Gardenier, and the documents accompanying the same ; the said Nicholas Gardenier then attending at the bar of the House. Testimony of J. R. Van Kensselaee. Whereupon Jacob Eutsen Van Rensselaer, Esq., one of the mem- bers of this House, having been duly sworn, was examined as follows, touching the allegations contained in the report : Question 1st. Do you know the handwriting of Philip Schuyler and Volkert P. Douw ? Answer. I do. Question 2d. Are the names subscribed to the paper exhibited, the handwriting of either of the above gentlemen? Answer. I am intimately acquainted with the handwriting of Philip Schuyler having frequently seen him write for many years previous to his death, and am fully persuaded that the signature in question is not in his handwriting. 1 am also acquainted with the handwriting of Volkert P. Douw, though not as intimately as with the other, and entertain no doubt that his name is also counterfeited. Question 3d. Was the paper presented to the committee as an original voucher? Answer. It accompanied the petition of Nicholas Gardenier and the other papers, purporting to be original vouchers in support of his application. Thereupon, Ordered, That the said Nicliolas Gardenier be taken into custody by the sergeant-at-arms, who is authorized to take sufficient surety from the said Nicholas for his appearance at the bar of this House to- morrow morning at ten o'clock. Assembly Journal, 1812, page 166. Felruary 27, 1812. Counsel Attended. The House then proceeded to an examination with the case of Nicholas Gardenier, who, together with his counsel then attended at the bar of the House. Mr. Speaker thereupon showed and presented to the said Nicholas IN TJiK Assembly of the State of New Yoke. 45 Gardenier, the paper coiitaiuiug the certificate alleged to have been forged, and put to him the following questions, to wit : " Did you or did you not exhibit tlie paper now shown to you, and particularly the certificate therein, purporting to have been signed by Philip Schuyler and Yolkert P. Douw, and cause the same to he exhibited to this House as an original and genuine document ? To which question the said Nicholas G-ai*denier answered in writ- ing as follows, to wit : " I did present to this House the paper referred to, believing it to be original and genuine, because I found it amongst the papers of my deceased father, and was unacquainted with the handwriting of General Schuyler and Mr. Douw, whose names are subscribed thereto, and because I had myself performed the services therein mentioned, while under the direction of my father." Mr. Speaker then stated to the House that the said certificate was I'eceived by him from the prisoner at the bar, together with his peti- tion and the other documents accompanying the same, to be by him ])resented to the House; that he had handed the said petition and documents to one of his colleagues, from whom he again received tlieiu, and presented them to the House in the ordinary way of pre- .senting petitions. The prisoner at the bar then admitted that the sadd certificate was not an original document, as it purported to be, and requested per- inission to be examined on oath on inteiTogations touching the con- tempt with which he stands charged by this House. Thereupon, on motion of Mr. Van Vechten, Resolved, That the committee appointed by this House to conduct the examination into the case of Nicholas Gardenier, the prisoner at the bar, be requested to prepare interrogations to be administered to the said Nicholas Gardenier, touching the contempt with which he stands charged by this House, and that such interrogations be reported to the House without delay for approbation. Inteeeogatoeies Peoposed. Whereupon Mr. RadcM^ in behalf of the said committee, reported that the committee had prepared certain interrogatories to be adminis- tered to the prisoner at the bar, which, being read, were approved by the House, and are as follows, to wit : 1st. Did you present to the House the paper you hold in your hand, verily believing the same to be an original paper ? 2d. Did you at that time believe the names of Philip Schuyler and Volkert P. Douw, which appear subscribed to the certificate, on the 46 Cases of Beeaches of Peivilege of the House said paper written, to be the true and genuine handwriting of Philip Schuyler and Volkert P. Douw ' ' 3d. Is the name of ISTicholas Gardenier, at the bottom of the writ- ing, purporting to be an affidavit made before Elias Palmer, Jr., your handwriting ; if not, whose handwritipg is the same ? 4th. Is the name of Elias Palmer, Jr., on the back of the said paper, the handwriting of the said Elias Palmer, Jr. ; if not, whose hand- writing is the same ? 5th. Did you take before the said Elias Palmer, Jr., the oath pur- porting to have been by you taken on the back of the said paper ? 6th. How came you in the possession of the said paper, and what induced you to present the same to this House ? 7th. Is your father dead ; and if so, when and where did he die ? 8th. Is the whole of the writing on the paper in question your handwriting ; if not, what part thereof is so ? The prisoner at the bar then asked for time until to-morrow to prepare his answers to the said interrogatories, which being granted by the House, it was thereupon Ordered, That said Nicholas Gardenier do- remain in custody of the sergeant-at-arms, who is authorized to take surety from the said Nicholas in the stim of five hundred dollars for his appearance at the bar of this House to-morrow morning at ten o'clock. Assembly Journal, 1812, pp. 175 and 176. Nicholas Gardenier at the Bar of the House. February 29, 1812. Pursuant to the order of the House of yesterday, Nicholas Garde- nier, charged as being guilty of the authority and privileges of this House, appeared at the bar of the House. The interrogatories, as entered on the Journal of this House of yes- terday, having been read by the clerk to the said Nicholas Gardenier, he answered in writing as follows, to wit : Answers of Nicholas Gardenier. " To the first interrogatory, Nicholas Gardenier answers, that he did present to the Honorable the House of Assembly, the paper in the said interrogatory mentioned, verily believing the same to be an original paper. " To the second interrogatory he answers, that at the time of pre- senting the said paper, he did not nor has he at any previous time, within several years, particularly examined the said paper, but he did IN THE Assembly of the State of New Yoek. 47 tlien believe it was a genuine and original paper, and subscribed in the true and genuine handwriting of Philip Schuyler and Volkert P. Douw. " To the third, fourth, fifth and eighth interrogatories, he answers that the whole of the said paper is in the proper handwriting of him, the said Nicholas Gardenier, and no part is the handwriting of the said Elias Palmer, and that he did take an oath before the said Elias Palmer of the same efiect and to the same purport, with that indorsed on the said paper, but he particularly refers for an explanation to his answer to the sixth interrogatory. " To the sixth and seventh interrogatories, he answers and says, that the said paper must have been long since copied by him, though when he does not recollect, and remained in the custody of his father until his death, which took place on or aTjout the 9th of May, 1807. That by his father's will all his papers and accounts were devised and bequeathed to him, for his sole use and benefit ; that on looking over his father's papers he found the paper referred to, and the documents wliich were presented to the House with this petition ; that he has frequently seen the original paper, of which the same paper referred to is a copy, and although he does not know the signatures and hand- writing of Philip Schuyler and Volkert P. Douw, yet from conversa- tions with people acquainted with the transaction, he is perfectly satisfied that the said paper and certificate so copied by him, and of which the one referred to is a transcript, was genuine, and duly signed by said SchulyeK and Douw, and that the services were performed by him while in his father's services for the public ; and that no com- pensation has ever been made for them as lie verily believes, and that he presented the same to the House for recompense, for meritorious services performed in the midst of a hostile country during the Eevolutionary war, believing the papers to be honest, fair and genu- ine." The said Nicholas Gardenier having testified to the truth of the several matters contained in his said answers, under the solemnities of an oath, administered to him by the Speaker for that purpose, and having been heard by counsel in his defense. Nicholas Gaedeniee Dischaeged on Payment of Fees of Seegeant- at-Aems. Thereupon, on motion of Mr. Van Vechten, the House adopted the following resolutions and recitals, to wit: Whereas, It appears by the answers of Nicholas Gardenier to the 48 Ca&es of Breaches of Privilege of the House interrogatories exhibited to him on the part of this House that the vouchers referred to in the said interrogatories were presented by him, believing them to be original and genuine, because he found tliem amongst the papers of his father, after his death ; And whereas, It further appears by the said answers that the said vouchers have since been discovered by the said Nicholas (-rurdenier to be mere copies made by himself about twenty years ago ; And whereas, The said Nicholas Gardenier, by bis said answers, denies upon his oath every purpose of contempt of the privilei,'fs of this House. Therefore, Resolved, That the said Nicholas Gardenier be discharged friim the custody of the sergeant-at-arms upmi payment of liis fees, and th;it tlie said vouchers referred to in the said interrogatories, together with copies of the said interrogatories and answers, be delivered by the clerk to the Attorney-General, to the end that he may pro'ced thereon as in his opinion public justice shall require. Assembly Journal, 1812, pp. 181, 182. In the Matter of the Breach of Privilege of John Martin. Brebeey Relative to the Ixcocporation of the Bank of America. AssEMiiLY Chamber, March VMli, 1812. Mr. Ogden stated in his place tliat a member of tl)i.s House, who was then also in his place, had informed him that he (the said mem- ber) had been offered by an agent in behalf of the Bank of America, live hundred dollars and a handsome present besides if lie would vote for the bill incorporating tlie said bank. Tliereupoii, Resolved, That the gallery and House be cleared of all )>ert;oiis. except jnembers and oiBcers of the House. ( 'oMMrrncE A pi'oi.ntkd. Thereupon, Resolved, That a committee be appointed to conduct an examina- tion before this House into a charge made by certain members thereof, of an attempt by a certain person or persons to influence them in giv- ing their votes upon an act to incorporate the stockholders of the Bank of America, and that Mr. Radcliff, Mr. Ross, Mr. Ogden, Mr. Grosvenor and Mr. Jones be the said committee. Resolved, That all the examinations on the charge of improper m THE Assembly of the State of New Yoke. 49 practices in relation to the incorporation of the Bank of America be on oath. Resolved^ Tliat all the inquiries on the subject of improper prac- tices in procuring the incorporation of the Bank of America be secret until otherwise ordered by this House. The committee appointed to conduct the examination into, the chai'ge of improper practices in relation to the bill incorporating the stockholders of the Bank of America, then proceeded, in the presence of the House, to examine on oath Silas Holmes, Esq., a member of this House from the county of Chenango, and Nathaniel Cole, Esq., a member of this House from the county of Madison. Resolved, That the Speaker issue his warrant to the sergeant-at- arms commanding him forthwith to apprehend John Martin, of Plain- field, in the county of Otsego, and to bring him before this House to answer for a contempt of the privileges of this House. The committee appointed to conduct the examination into the charge of improper practices in relation to the bill incorporating the stockholders of the Bank of America, then further examined Nathaniel Cole, Esq., in the presence of the House ; and in like manner pro- ceeded to examine, on oath, Thomas Ludlow, Esq., a member of this House from the county of Cayuga ; Bennett Bicknell, Esq., a member of this House from the county of Madison ; Samuel Campbell, Esq., a member of this House from the county of Chenango ; Oliver 0. Comstock, Esq., a member of this House from the county of Seneca ; and Denison Kandall, Esq., a member of this House from the county of Chenango; and, after some time spent in such examination, it, was, on motion. Resolved, That the doors of this House be again opened. Then the House adjourned until ten o'clock to-morrow morning.. Gallery Cleaeed. Saturday, March lUh, 1812. The House met pursuant to adjournment. Resolved, That the gallery and House be cleared of all persons, except members and officers of the House. The committee appointed to conduct the examination before this House into a charge of improper practices in relation to the bill incor- porating the stockholders of the Bank of America, then proceeded, in the presence of the House, to examine, on oath, Thomas P. Grosve- nor, Esq., a member of this House from the county of Columbia ; Samuel Woodworth, Esq., a member of this House from the county 4 50 Cases of Breaches of Peivilege of the House of Herkimer; Eudolph I. Shoemaker, Esq., a member of this House from the county of Herkimer, and Samuel H. Coon, Esq., a member of this House from the county of Madison ; and, after some time spent in such examination, it was, on motion. Resolved, That the doors of the House be again opened. Then the House adjourned until iive o'clock this afternoon. Five o'clock, p. m. Ordered, That the gallery and House be cleared of all persons, except members and officers of the House. The committee appointed to conduct the examination into the charge of improper practices in relation to the bill incorporating the stockholders of the Bank of America, then examined, on oath, in the presence of the House, Isaac Ogden, Esq., a member of this House from the county of Delaware ; and, after having gone through the same, the committee proceeded to compare their notes of the testi- mony, and read the same to the House, in presence of the persons examined, which testimony, as agreed to by the several deponents and the House, on such comparison and reading, is as follows, to wit: Silas Holmes, Esq., being duly sworn, deposes and says : That one John Martin, of the town of Plainfield, in the county of Oswego, as he understands, about a fortnight ago, in a conversation with the deponent, on the subject of banks, inquired of the deponent what he thought of the Bank of America ; that said Martin declared himself favorable to that bank ; but that the deponent gave no opin- ion on the subject. That a few days after this conversation, the said Martin had a second interview and conversation with the deponent, when he again asked the deponent's opinion of the bank, and told this deponent that if he was in its favor he might profit by it ; that he (Martin), was authorized to oiFer the deponent four hundred dol- lars in shares, if he would vote for it, and the bill should pass ; to which the deponent replied, that he wanted no shares, for that he had no money to pay for them; Martin said, that would be made easy; then he left the deponent, and told him to think of it ; that shortly afterward Martin met him in the street, and taking him into an alley, again told him, that if he advocated the bank he should have five hundred dollars in stock, and that the payment therefor should be made easy to him ; that the deponent refused to pledge himself in favor of the bill, and observed that the offers made to him by Martin, had the appearance of a bribe ; that Martin then said no bribe was intended ; that unless the deponent could see it right to vote for the IN THE Assembly oe the State of New Yoek. 51 bank, he might vote as he pleased; but that if he could see it right to advocate the bank, then he might receive the five hundred dollars in shares; and that the same might be realized by the profits on the sales in June, when the bank would go into operation, or to that effect ; that just before the vote on the first section of the bill was taken, the same offer of five hundred dollars was repeated by said Martin, to the deponent, with a further promise of a handsome present, and an assurance that the five hundred dollars should be secured to him by writing, before he left town, in case the deponent should give his vote for the bill, and the same should pass ; that the deponent then said, that he did not like the thing and should vote against it, and returned to the House and gave his vote against it. The deponent further states, that he had mentioned the said conver- sation and offers of Martin, to Mr. Rockwell, of Saratoga ; and that on Tuesday or "Wednesday last, he was applied to by Mr. Cramer, who said that Mr. Kockwell had communicated the same to him, and wished to know whether the deponent would make afiidavit thereto. The deponent said he would, if required. The deponent further says, that Martin was often at the deponent's lodgings ; understood that he had been a school-master and a preacher, but was now too old to fol- low that business ; understood from him that he was authorized by the eomjaany to make the offers he did ; no individual was named by him as having given him such authority. That deponent asked said Martin whether he knew Post and ISTewbold ; that Martin said that he did not know that he knew them. The deponent has seen him '(Martin), talking with Mr. Randall, Mr. Cole, Mr. Bicknell and, also, he thinks, with Mr. Coon. That a few days after the first conversation with Martin, the deponent communicated the substance of that con- versation to Mr. Comstock ; and they conferred together about dis- closing it to the House, and both agreed that it might be best to wait and see how it went on : meaning that they would wait to see whether any and what further evidence should appear, of similar attempts on others ; that for a week past, conversations have been had about bringing the matter before the House ; that he was a young member, and was unwilling to act in the business without advice ; that he went this morning to Judge Spencer, to consult with him, as to the course proper for him to pursue ; that he found Mr. Ogden there; and that this statement there made was the first com- munication made by him to Mr. Ogden on the subject ; that he yes- , terday morning, before the House met, called on the Governor and communicated the same to him ; that he understood that Martin left; 52 Oases of Breaches of Peivilege of the House Albany the day after the first section of the bill passed ; that the offers made by him to the deponent were communicated to Mr. Corn- stock, and others of this House, before Martin left Albany ; that the deponent was informed by Mr. Cole, that he had told Martin he had better leave town, or he might be sent down the river ; that the depo- nent had not been tampered with, or had any offers made him, by any other person than Martin, to induce him to vote for or against" the bank ; has understood from Mr. Cole that he has received offers, and from Mr. Ludlow and Mr. Campbell ; that they had been tam- pered with to vote for the bank. Question by Mr. Comstock : "When you made to me the communication mentioned in your examination, did I not tell you that anything iniquitous ought to be- disclosed ? Answer. Yes. Second question by Mr. Comstock : Have I discovered any greater anxiety since than before the pas- sage of the first section of the bill, on the subject of the disclosure of the attempts made to influence your vote ? Answer. No. Question by Mr. Douglass : Who advised you to go to the Governor, and who went with you? Answer. Mr. Cole advised it and went with me; the Governor advised that it should be communicated in writing to him ; but the same was not then done for want of time. Second question by Mr. Douglass : Have you had any conversation with Judge Spencer on the subject, and when, for the first time ? A. Yes, this morning ; the judge advised the communication to the House before the final passing of the bill ; he appeared to have heard of the subject before. Nathaniel Cole, Esq., being duly sworn, deposes and says : That soon after he came to Albany, the aforesaid John Martin called on him several times; that the deponent had formerly known said Mar- tin at Richfield ; that from conversations about receiving a present for a vote after it was given, and from said Martin's having no osten- sible business at Albany, the deponent had suspicions of him ; that about three weeks ago he told the deponent he wished to have a pri- vate conversation with him; and on the day following, after the adjournment of the House, a conversation took place between tliem, in which, after observations about his (the deponent's) circumstances, said Martin introduced the subject of the six million bank, and said that if the deponent eonld see it right to vote for the bank, he (Mar- IN THE Assembly of the State of New York. 53 tin) could make it profitable to the deponent ; that the deponent observed, that he had no hostility to the measure, and if he could be convinced that a bank was necessary in the city of New York, he should not object to it ; that he said this to draw Martin on ; that noth- ing further passed at that time, and that no particular meeting after- ward took place between them, until about a week before the vote on the first section of the bill was taken in committee of the whole ; but that in occasional conversation, said Martin told the deponent that he, the deponent, should have shares in the bank that should pro- duce him at least three hundred dollars, if he would vote for the bank, and the same succeeded ; and if the deponent did not want the shares he should have the monej'^, and might have it before he left Albany ; that in some one of these conversations the deponent observed to said Martin, that he, Martin, was probably employed hy some of the agents or stockholders of the bank ; Martin said he was, but did not say by whom, nor did the deponent ask him by wliom he was employed ; that about a week before the passage of the first clause of the bill, the deponent met said Martin at the Capitol ; that Martin then said he was sure of carrying the bank ; the deponent asked him if he had made any offers to the deponent's room mates ; Martin evaded a direct answer, but observed that what he had said was in confidence, as he wished what he said to the deponent should be, from which the deponent inferred that he had made offers to the deponent's room mates; that the deponent told Martin that he thought the application for the bank ought not to be granted, and that it would be wrong in him, therefore, to vote for it ; that the deponent repeated to the said Martin tliat he, the deponent, had suspicions that he, Mar- tin, had made offers to others as well as to the deponent, and observed to him that the means made use of by him, Martin, to obtain the passing of the bill, were more odious to the deponent than the bill itself, and he desired him, the said Martin, to say no more on the sub- ject, and not to have any further intercourse with him, the deponent ; that there was no further intercourse between them, until the evening before the first section of the bill passed, when said Martin, being in company with Mr. Shoemaker, met the deponent at the door of the Capitol, and expressed great confidence in the success of the bill ; that the morning of the day on which the first section of the bill was carried, and before the vote was taken, said Martin again accosted the deponent at the door of the Capitol as he was entering, and told the deponent that if he could make it consistent to vote for it, he should have more than three hundred dollars ; that deponent said he could 64 Cases of Breaches op Privilege of the House not vote for it and passed on ; that the night before the vote was taken on the first section, the deponent communicated to Mr. Bick- nell the offers made to him, and added that he thought he ought to disclose them to the House by affidavit ; that Mr. Bicknell dissuaded him from so doing, as Martin, he said, appeared to be a clever man, of whom he never heard any harm before ; and the deponent being unwilling to come forward, unless he found some other person who could make similar disclosures, remained silent; that in the evening of the day on which the first section was carried, Martin applied to the deponent, and expressed a hope that the deponent would not expose him, as what he had said was in confidence ; that the deponent declared his abhorrence of Martin's conduct, and his fears that similar ofiers had been made by him to others, and that they had been influenced thereby ; and told him that if he had made any such offers he ought to recall them, and be off with himself; that Martin appeared alarmed, but made no reply. This was the last conversation between them. The deponent further testified, that about four years ago he knew Martin, who was then a public preacher, and, as the deponent under- stood, kept a school in the town of "Warren, in the county of Herki- mer; that the last time he saw said Martin, previous to this winter, was about two years ago, at the deponent's house, just before election, be was then traveling about the country with pamphlets ; that Mar- tin told the deponent that he lodged, when in Albany, at two of his cousins, and that he had been in New York last fall ; that the depon- ent communicated the offers said Martin had made him to Mr. Holmes, to Mr. House, and to Mr. Comstock ; he also communicated the same to the Governor, yesterday morning or the night before, and then for the first time. That the deponent communicated to Mr. De Witt Clinton his sus- picions of improper means being used in favor of the bank, but said nothing of the offers made to the deponent; that the deponent laid a statement, in writing, of the facts now sworn to, before the Governor. That the deponent has had conversations with a Mr. Caleb Atwater, on the subject of the bank ; in the first conversation said Atwater declared himself against the bank, and urged the deponent to oppose it, at the same time declaring that he, Atwater, could have five hun- dred dollars, or one hundred dollars a day, if he would advocate it ; that afterward, in other conversations, the said Atwater expressed himself in favor of the bill, and endeavored to persuade the deponent to vote for it, then declaring that he formerly thought that undue means were used to promote its success, but now believed there was IN THE Assembly of the State of New Yosk. 65 as much corruption on one side as the other ; that the deponent did not think said Atwater entitled to credit. That the deponent, on the morning after the vote was taken on the first section of the bill, received a note from Mr. Solomon Southwick, requesting the deponent to call on him ; the deponent went accord- ingly, and communicated to Mr. Southwick the substance of his present testimony ; that he made the communication in consequence of Mr. Southwick's telling him that he, Southwick, had heard that the deponent had received such offers, as aforesaid, from John Mar- tin, and was aboi^t to make an affidavit thereof; Mr. Southwick said he wished the bill to pass in its present form ; said he had no interest in it himself, but some of his friends had ; that he, Southwick, should shield or justify those who voted for it, by making it appear a proper measure, in publications after the passing of the bill ; said he hoped the deponent would not expose Mr. Martin, and intimated that the deponent's making an affidavit would expose him, the deponent, to the danger of contradiction ; that the language used was calculated to deter the deponent from disclosure, and had an influence on him ; that Mr. Southwick said, if the deponent would vote for the bill as it stood, his so doing should be gratefully acknowledged ; that the deponent then had not, and now has not any determinate idea of what was intended thereby ; that this remark was made after the conversation about tlie offers of Martin, and about the deponent's intention of making an affidavit respecting the same ; that deponent had no acquaintance with Mr. Southwick before the present session ; that others have said harder things against the bank than Mr. South- wick has said in favor of it ; and that many persons have solicited the deponent's support of other bills, and made as strong pvoffers of gratitude therefor, as Mr. Southwick did in the case of the bank of America; that no other person than Mr. Southwick, over told the deponent that his support of tlie bill in question, would be grate- fully acknowledged. Thomas Ludlow, Esq., being duly sworn, deposes and says : That some time last week, in conversation with Daniel Sayre, said Sayre asked the deponent's opinion of the Bank of America ; that the deponent gave none. That said Sayre said he should like to get some shares in it, and requested the deponent's aid in procuring some for him ; that the deponent told him he could give no such aid, for that he knew none of the applicants for the bank ; that no further con- versation took place between them until Saturday last, after the vote on the first clause of the bill, when Sayre called the deponent aside, 56 Cases of Bkeaches of Peivilege of the House in the lobby of this House, and entered into conversation on the sub- ject of the bill, and intimated that those who advocated the bill would be rewarded ; that he (Sayre), was autliorized to say that those who aided the bank would have shares, or some few hundred dollars, and if the deponent would aid it, he (Sajre) would endeavor to have some shares reserved for him, the deponent ; that the deponent mentioned this within a few hours afterwards to ilr. Close and others ; that Mr. Sayre lives in Greene county ; that the deponent understood he was to be paid for his vote, if in favor of the bank ; that the said Mr. Sayre did not enjoin any secrecy whatever relative to this subject at any time. Bennett Bicknell, Esq., being duly sworn, deposes and says : That about a fortnight ago John Martin asked the deponent to vote for the Bank of America, and said that if the deponent could see it his duty and thought it just to vote for it, he (Martin) could make it pro- litable to him ; that the deponent replied that he could not perceive that it was just, and therefore could not vote for it ; that the depo- nent inquired whether he (Martin) was an agent for the bank ; that Martin said he was, but gave no names of his employers, nor did the deponent ask him for their names ; that deponent told him that he (the deponent) had heard of the offers which he (Martin) had made to Mr. Cole, and expressed his (the deponent's) regret thereat, and told him that he (Martin) had done wrong, and exposed himself to punish- ment; that Martin afterward said he was sorry he had supjiorted the bank, and that he was deceived. The deponent being asked whether he had seen Martin with any other members of this House, made answer that he had seen said Martin with Mr. Woodworth and with Mr. Shoemaker. Samuel .Campbell, Esq., being duly sworn, deposes and says : That no ofl'ers have been made to induce him to vote for the bill incorpo- rating the Bank of America. Oliver 0. Comstoek, Esq., being duly sworn, deiJoses and says : That about a week before the passing of the first section of the afore- said bill, Mr. Holmes communicated to the deponent the offers made to him (Mr. Holmes) by Martin ; that the deponent suggested the propriety of not making any disclosure, unless he (Mr. Holmes) could substantiate facts of importance ; that a similar communication was made to the deponent by Mr. Cole, to whom the deponent made a similar suggestion ; that the deponent considered these offers as attempts to corrupt the members of this House ; and the reasons why the deponent made no disclosure thereof to the House, are detailed in the following statement : IN THE Assembly of the State of New Yoek. 57 Mr. Solomon Southwick communicated to the deponent by letter, and in conversation last Monday or Tuesday, that he (Mr. Southwick) understood that Mr. Cole was about to make an affidavit respecting offers made him by Martin, or some other person, to vote for the six million bank. Mr. Southwick solicited the deponent to use his (the deponent's) influence with Mr. Cole, to suppress the intended affida- vit, and said he considered the measure (of passing the bill incorpo- rating said bank) as a proper one, and its supporters as honest and honorable men; that some worthless men, unconnected with the applicants, might have made improper offers to the members, and thereby its honest and honorable fi-iends might be unjustly implicated ; that no man ought to be brought into suspicion on account of such fellows, and that if suspicion was thrown upon the supporters of the bank, he (Mr. Southwick) should be obliged to repel it, let imputation fall on whom it would. The deponent further says, that he has had conversation on the subject of the supposed bribery, with Lawrence L. Van Kleeck, the Governor and Judge Spencer ; with the latter, on Monday last, for the first time. The deponent did not then communicate M^hat he now states to the House; that the deponent had before been made acquainted, by Mr. Holmes and Mr. Ludlow, with the substance of their testimony given to the House on this examination. The deponent went with Mr. Holmes, this morning, to Judge Spencer's, where they found Mr. Ogden, and Mr. Holmes there gave a detail of his testimony ; whereupon, it was advised by Judge Spencer to pro- ceed in the business as they have done. The deponent and Mr. Ogden then went, with Judge Spencer, to the Governor's, who observed, that the business might be brought before the House in the way that has been pursued, or by a communication from himself, of a letter to be written to him by Mr. Cole. The opinion was, that it would be proper to pursiie the course that has been pursued by Mr. Ogden ; that the object of the disclosure was to bring the parties con- cerned to punishment, and that the deponent also supposed that fur- ther discoveries might be made in the course of the investigation, and that should the corrupt offers, by such investigation, be traced to the agents of the bank, it would defeat the bill ; that the deponent supposed that the disclosure and examination would have an influ- ence on the final passing of the bill ; that the deponent does not know when Mr. Ogden first became acquainted with the facts above stated ; that deponent believes that Martin was employed by some of the friends of the bank ; that the deponent grounds that belief on 68 Cases of Bkeaches of Pkitilege of the House the facts and circumstances disclosed to the House in testimony ; that the deponent did not know, nor had he heard of any undue attempts upon any member of this House, other than those he has mentioned, to influence such member in his vote upon any question relative to the said bank. Denison Eandall, Esq., being duly sworn, deposes and says : That no offer was ever made to influence his vote. Thomas P. Grosvenor, Esq., being duly sworn, deposes and says : That he knows of no improper attempt to influence the vote of any member, either for or against the bank ; that he knows nothing of Martin, but that he knows Mr. Daniel Sayi-e, of Greene county, men- tioned by Mr. Ludlow, when under examination ; that the deponent has known said Sayre long and intimately; that said Sayre has always sustained an unimpeachable character, and stands as high in point of reputation, as any man in the State ; that the deponent always understood from said Sayre and others, and fully believes that he (Mr. Sayre), was attending the Legislatue during the present ses- sion, on the subject of the court-house in Greene county, for the pur- pose of advocating the removal of it to Cairo, the town in which he (Mr. Sayre), lives, and that he left Albany, as the deponent under- stood, the day on which the Senate decided that question ; that the deponent had conversation with the said Sayre when in Albany, on the subject of the bank, and that said Sayre expressed himself in favor of it ; but that nothing ever passed between them, or fell from Sayre, that could induce the smallest suspicion that undue influence was used by Sayre or any other person, to promote the success of the bank. The deponent further testifies, that the paper writing now pro- duced and shown to him, containing the resolution and statement offered yesterday to the House by Mr. Ogden, is in the handwriting of Judge Spencer. Samuel Woodworth, Esq., being duly sworn, deposes and says: That no ofl'er or undue attempt was ever made to influence his vote in favor of the bank, and that he knows of no improper influence to obtain its charter ; that Martin called on the deponent, and asked him whether he intended to support the bill ; that the deponent replied, that he liad not informed any one how he siionld vote ; that Jlartin then observed that there would be shares reserved for those who voted for the bank ; that the deponent replied, that he should not sell his vote, and expressed indignation at the intimation of said Martin; that Martin apologized for the suggestion, and afterward IN THE Assembly of the State of New York. 59 repeated the apology ; that no further or other attempt was made by Martin, or any otlier person, to influence the deponent's vote. Rudolph I. Shoemaker, Esq., being duly sworn, deposes and says : That he knows of no improper influence in favor of, or against the bank ; that the deponent saw Martin, and heard him express himself favorably to the bank, but never knew him to make any offers to influence the vote of any member. Samuel H. Coon, Esq., being duly sworn, deposes and says : That no attempt has been made to influence the deponent's vote, nor, as far as he knows, to influence the vote of any other member for or against the bank ; that deponent has heard Martin express himself favorably to the bank, but never knew him to make any offers respecting it. Isaac Ogden, Esq., being duly sworn, deposes and says: That the circumstances of the meeting at Judge Spencer's were as has been stated by Mr. Comstock ; that the deponent, together with Mr. Com- stock and Judge Spencer, went to the Governor's ; that it was there thought best for a member to communicate the substance of Mr. Holmes' testimony to the House, and that Mr. Comstock or himself should make the communication ; that as it was late, and the depo- nent had to go to his lodgings before coming to the House, he desired Judge Spencer to draw the communication, in such terms as would be proper and most suitable to use, and send it to him in the House ; that the deponent afterward received the paper containing the resolu- tion and statement from the door-keeper ; that the deponent never heard of the corrupt offers of Martin till yesterday morning, at Judge Spencer's when the judge informed him that he (Judge Spencer) had understood that Mr. Comstock knew that corrupt offers had been made to Mr. Holmes, to influence his vote in favor of the bank ; that the judge thereupon sent for Mr. Comstock, requesting him (Mr. Comstock) to bring Mr. Holmes with him to the judge's house, in order to state to the deponent what offers had been made to him (Mr. Holmes) on the subject. Thereupon, Resolved, That the doors of this House be now opened, and that ihe injunction of secrecy imposed on the members and officers of this House, relative to all the proceedings with closed doors, be removed. The doors of the House having been accordingly opened, Mr. Comstock made a motion that the House should agree to a. resolution, with recitals, which was read, in the words following, to wit : 60 Cases of Beeaciies of PKmLEGE of the House Whereas, It appears from the testimony of Silas Holmes and Nathaniel Cole, Esqs., two of the members of this House, that impro- per and corrupt overtures have been made to them by John Martin, to induce them to vote for the passage of the bill now pending before this House, entitled "An act to incorporate the stockholders of the Bank of Amei-ica ; " and, whereas, it is suggested that certain absent members of this House are in possession of some facts relative to such overtures ; therefore, that time may be afforded to prosecute the requisite inquiries and examination of the same, so as to enable the members of this House to act understandingly in giving their votes on the iinal passage of the said bill. Mr. Radcliff then made a motion that the House should agree to a resolution with the recitals, which was read in the words following, to wit : Whereas, On Friday morning, the 13th inst., on the third and last reading of the bill entitled "An act to incorporate the stockholders of the Bank of America," a member of this House moved that the final question on the passing of the said bill should be postponed, and at the same time stated in his place, that some of the members of this House had been attempted to be seduced by bribes from the performance of their duty ; whereupon, the floor of this House was immediately cleared of all persons excepting the members and officers thereof, and the House proceeded to the investigation of the said charge ; and, whereas, upon such investigation, no fact or circumstance has appeared, which, in any degree, implicates or casts suspicion upon any member who has voted in favor of the said bill, or any part or sec- tion thereof, or upon any other member of this House. Therefore, Resolved, That the House now proceed to the final vote upon the said bill. Mr. President first put the question whether the House would agree to the said resolution, and it was carried in the affirmative. Mr. Speaker then put the question whether the House would agree to the recitals prefixed to the said resolution, and it was carried in the affirmative by the votes of all the members present. Assembly Journal, 1812, pages 259-266 and 267. Assembly Chambee, March 11th, 1812. The sergeant-at-arms, to whom Mr. Speaker, in pursuance of a reso- lution of this House of Friday last, had issued and directed his war- rant for the apprehension of John Martin, made return thereto in the words following, to wit : IN THE Assembly of the State op New Yoek. 61 State of New York : Pursuant to warrant of the Hon. Alexander Sheldon, Esq., speaker of the House of Assembly of the State of New York, to me directed and delivered on the thirteenth day of March instant, commanding me forthwith to apprehend John Martin, of Plainfield, in the county of Otsego, on a charge of a contempt of the privileges of this House, I proceeded from this place to the dwelling-house of the said John Martin, in Plainfield aforesaid, and on diligent search and inquiry could not apprehend or find the said John Martin. TH. DONNELLY, Sergeant-at-arms of the House of Asseynhly. Dated at the Capitol in the city of Albany, March Vlih, 1812. Assembly Joiu-nal, 1812, page 279. The Governor Kbquested to Issue a Proclamation and Offer A Reward for the Arrest or John Martin. Assembly Chamber, March V&ih, 1812. Resolved, That his excellency the Governor be and he is hereby requested to issue a proclamation, offering such reward as he may deem proper for the apprehending of John Martin, of Plainfield, in the county Otsego, who stands charged on oath with a contempt and breach of privileges of this Honse, and that the payment of the said sum shall be provided for by law. Assembly Journal, 1812, page 281. 62 Cases of BEHicHEs op Peivilege of the House In the matter of the Breach of Privilege of Daniel Sayre. Chakged with Offer of a Bribe to Peocueb Charter of the Bank of America. Assembly Chamber, March 18, 1812. A communication addressed to the honorable the Speaker of the Assembly was read in the words following, to wit : To tJie Honorable Alexander Sheldon, Esq., Speaker of the House of Assembly : Sir. — Having received the painful information that I stand accused before your honorable body by the oath of Thomas Ludlow, Esq., a member of your House, of having made improper overtures to him, to vote for the incoi-poration of the Bank of America, I now present myself, together with my affidavit, rebutting the principal charades against me, which I desire may be read. I then present myself, before the bar of your House, to make such further statements under oath to your honorable body, as shall be thought proper to be asked me, touching the charges alleged against me by the said Mr. Ludlow. I then, sir, request that the gentlemen within the walls of this House, from the county of Greene, may be called upon to testify to my particular and general character. Gentlemen from that connty present are Col. Samuel Haight, Moses I. Cantine, Ira Day, James Bell, Isaac Northrop, Stoddard Smith, Thomas Lawrence, Caleb Benton, Peter C. Adams, and many others I can name if necessary. I then, sir, request that the following members of Assembly who boarded in the same house with me during my stay in Albany, to wit, Mr. Vanderveer, Mr Andrus, Mr. Guyon, Mr Ely, and Mr. Sayre, be called upon to state to the Assembly, what they have seen or heard from me improper respecting the bank, likewise General Eose of the Assembly, who has known me from my youth until this time. And then that each and every member be called upon to answer in his place, whether any, and if any, what overtures have been made to them by me, to vote for the incorporation of the Bank of America. DANIEL SAYEE. Dated Albany, March 18, 1812, Daniel Sayre, of the county of Greene, being duly sworn, deposeth and saiih : That he this day hath seen the affidavit of Thomas Lud- In the Assembly of the State ov New Yoek. 63 low, Esq., a member of this House, stating that this deponent asked his aid in procuring shares in the Bank of America, for this depo- nent ; and that this deponent intimated to the said Ludlow, that those who advocated the said bill would be rewarded, and that those who aided the bank would have shares or a few hundred dollars ; and that if the said Ludlow would aid it, he, this deponent, would endeavor to have some shares reserved for him, &c. This deponent did, on the day the first enacting clause of the bill, incorporating the Bank of America passed this House, asked the said Ludlow his opinion on the passing of the said bill, and he said he could not give any. On the Friday or Saturday morning following, this deponent went into the lobby of this House, and there found Mr. Ludlow sitting by the stove smoking his pipe ; this deponent sat down by him, and a lengthy conversation took place between tliem, on the subjicct of banks here- tofore incorporated, and on the incorporation of the Bank of America in particular ; in which this deponent expressed, in the strongest terms, his disapprobation of bribery, or any attempt to exercise an undue influence over the minds of the members of the Legislature. That this deponent is not, nor ever was authorized to offer bank shares or money to procure votes for said bank, nor did he ever make such offer to Mr. Ludlow, as he hath stated, to procure his vote ; and all the conversation, alluded to by Mr. Ludlow, that did take place between this deponent and him, was loose in its nature and not intended to make an undue influence on his mind. This deponent further states, that he never did, at any time or place, say to Mr. Ludlow, or any other person, that the friends of the bank would be rewarded with a few shares or some hundreds of dollars ; and has no recollection of hearing an assertion of that kind anywhere made, until he saw it in Mr. Ludlow's affidavit. This deponent further saith, that he never asked Mr. Ludlow to aid him in procuring shares in said bank ; and this deponent hath no recollection of any particular conversation on the bank subject, between the said Ludlow and him- self, except in the lobby, sitting by the stove, where people were sit- ting and standing around, except in the flrst instance, when this •deponent asked his opinion about the bill's passing. And this depo- nent further saith, that he never was the owner of a bank share in .any bank; and that he hath never had any conversation with any .agent of the Bank of America on the subject, to his knowledge, nor has he been authorized by them to make any offers to members of this House to support the bank. And this deponent further saith, that his past attendance on this Legislature, as is well known to the mem- 64 Cases of Bkeaches of Pkivilege of the House bers of this House, liatli been on the removal of the court-house in the county of Greene. And further this deponent saith not. DAJSriEL SAYRE. Dated Albany, March 11th, 1812. Sworn before me, on the IStli ) of March, 1812. ( Stoddaed SMrrH, One of the Masters in Chancery. Thereupon, Resolved, That the powers of the committee appointed on Friday last to conduct the examination before this House, touching the charge of corrupt overtures made to some of its members to influence their votes upon the bill for incoi-porating the Bank of America, be, and the same are, hereby continued until the whole of the examination relative to that subject shall be closed. Whereupon the said committee proceeded, in the presence of the House, to examine, on oath, Daniel Sayre, Esq., of the town of Cairo, in the county of Greene ; Thomas Ludlow, Esq., a member of this House from the county of Cayuga ; John C. Vanderveer, Esq., a member of this House from the county of Kings ; John Ely, Esq., a member of this House from the county of Greene ; Abraham Eose, Esq., a member of this House from tlie county of Sutfolk ; Humphrey Howland, Esq., a member of this House from the county of Caynga : Oliver C. Comstock, Esq., a member of this House from the county of Seneca; Moses I. Cantine, Caleb Benton, Isaac Northrop and Ira Day, Esqs., of the county of Greene, and Enos T. Throop and Hugh Buckley, Esqs., of the county of Cayuga; and after having gone through the same, the testimony was read to the several deponents in the presence of the House, and agreed to by the same, and is in the words following, to wit : Daniel Sayre, Esq., of the town of Cairo, in the county of Greene, being duly sworn, deposes and says : That he knows Thomas Lud- low, a member of this House from the county of Cayuga ; liad been acquainted with him a number of years ago, and was again intro- duced to him in the early part of the present session of the Legisla- ture ; that in the afternoon of the day on whicli the first enacting clause of the bill mcorporating the stockholders of the Bank of America, passed in committee of the whole, the deponent called on the said Thomas Ludlow, at his lodgings, and mentioning to him that the deponent was about to leave town, asked liim (Ludlow) what he thought of the passage of the bill, and whether he supposed it would IN THE Assembly of the State of New York. 65 pass the House or not ; tliat said Lndlow replied that he could give no opinion on the subject ; that nothing further passed between them in relation to the bank at the time ; that the next morning the depo- nent had another conversation with the said Thomas Ludlow, in the lobby of this House ; that the deponent on this occasion found Mr. Ludlow sitting by the stove, and took a seat along side of him, when a conversation ensiied between them of considerable length, on the subject of the various incorporations of banks by this State, and respecting the application before the Legislature for the incorporation of the Bank of America ; that in the course of that conversation the deponent observed that if the Bank of America should be incorpo- rated, he, the deponent, should like to have shares in it, and that he had heard that there would be shares to be disposed of ; but that the deponent never, at any time, or on any occasion, to his recollection or belief, solicited the aid of the said Lndlow, or any other person, in obtaining shares for him, tlae deponent ; nor did he, the deponent, ever, to his knowledge or belief, intimate to the said Ludlow that those who advocated the bill would be rewarded, or that he, the depo- nent, was aixthorized to say that those who aided the bank would have shares or money, or that he, the deponent, would endeavor to have shares reserved for the said Ludlow, in case of his aiding the bank, or anything to that effect. The deponent further says, that he never was authorized, requested or empowered, by any person or persons whomsoever, to make any offers of shares or money, or other gratuity, to any member of the Lesrislature, to induce him to vote for tlie bill, or to influence his vote in its favor; and that he, the deponent, never did make any such offer, or give any intimation to any member, of any gratuity whatever being reserved or intended for liim in ease of his supporting the bill, or in order to influence his vote in its favor ; but that the said Thomas Ludlow, having suggested to the deponent, in the course of con- versation, that^ he (Ludlow) supposed shares would more easily be obtained by those who advocated than by those who opposed the application, the deponent replied thereto, that he had no knowledge whether such would be the case or not; that he had heard nothing about the matter, but thought it likely that those who were in favor of the bank might be able to procure shares in it, or to that effect ; that just before parting with the said Thomas Lud- low, the deponent said he would like to have shares in the said bank, and had heard they were to be obtained, and that if he (Ludlow), wished to have any, he, the deponent, would speak to some of the 5 66 Cases of Beeaches of Pkivilege of the House deponent's friends in Albany, to know -whether any could be procured for him ; that in the course of the conversations with the said Lud- low, the deponent expressed his disapprobation of all attempts to influence the vote of any member; and that he had no intention whatever, in what passed between them, to induce the said Ludlow to suppose that he would be paid for his vote, if in favor of the bank ; nor did he ever say anything to the said Thomas Ludlow that was intended, or in his opinion calculated to make that impression upon him ; that the last mentioned conversation between the deponent and Mr. Ludlow, in the lobby of the House, on the subject, was in the presence of others, and no secrecy observed or required, nor any pains taken to prevent any other person from hearing the same. The deponent further says, that he, the deponent, never had any interest in the said bank, nor in procuring the incorporation thereof; and has never, to his knowledge or belief, had any conference or con- versations with any agent or agents of the said bank, touching the incorporation thereof; that tlie deponent came to Albany, and was attending there during the time of his stay in the city, to solicit the placing of the court-house of Greene county, in the town of Cairo, wherein the deponent lives ; and that he left Albany, on his return home, as soon as the question, as to the location of the said court-house was decided in the Senate; that daring the above men- tioned conversation, which took place between the deponent and -the said Thomas Ludlow, in the lobby of the House, they sat near the stove ; and that the deponent did not call the said Ludlow aside, nor did he, the deponent, quit his seat or remove or go to any other part of the room or lobby, until Mr. Stanley called for him to go home. Thomas Ludlow, Esq., being again called and examined, coniirras the testimony by him heretofore given to this House on this subject ; says that he understood, from what passed between him and Mr. Sayre, that he, the deponent, was to be paid in shares or money for his vote, in case it was in favor of the bank ; that as they were part- ing, Mr. Sayre said he would see the deponent again, and the depo- •jient observed that he would think of it, meaning thereby, that he -would reflect on the propriety of holding any further conversation with the said Daniel Sayre on the subject; and that, upon reflection, he determined that he would not ; that the conversation between them in the lobby was in a low voice, in a corner of the room (whither they had gone at the request of Mr. Sayre), and could not be heard by others who were in the room at the time, and the deponent thinks IN THE Assembly of the State of New Yoek. 67 that, after retiring to tlie said corner of the room as aforesaid, they did not return to the stove; that he, the deponent, mentioned the substance of the said conversations, immediately or soon after the same took place, to Mr. Close and to Mr. Comstock, and also to Mr. Eoss, but did not mention the name of Mr. Sayre ; thinks he told them that offers of shares had been made him, to induce him to vote for the bank ; did not inform them by whom ; that he expressly told Mr. Koss that he would not disclose to him (Mr. Koss), the name of the person who had made the said attempts upon him ; that the rea- son why the deponent did not disclose to the House the offers made to him, was that he did not know what was the proper coarse for him to pursue. John C. Vanderveer, Esq., being duly sworn, deposes and says: That he knows Mr. Sayre, and boarded in the same house with him in this city ; never knew or heard of any overture or attempt, on the part of the said Sayre, to influence the vote of any member of the Legislature, either directly or indirectly ; nor ever saw anything in his conduct that discovered or indicated any agency or improper means on his (the said Sayre's) part, in favor of the bank. John Ely, Esq., being duly sworn, deposes and says, the same as is testified to by the last witness ; and adds, furthermore, that he has long known Mr. Sayre, and that his character is fair and unimpeach- able. Abraham Rose, Esq., being duly sworn, deposes and says : That he has Imown Mr. Sayre from childhood ; that the said Sayre has always sustained a fair character and his reputation is unblemished; that said Sayre has conversed with the deponent on the subject of the application for the Bank of America, and expressed himself favorably to its incoi-poration, but that the deponent never knew or heard of any overture or attempt on the part of said Sayre, to influence the vote of the deponent or of any other member of the Legislature in favor of the said bank. Moses I. Cantine, Caleb Benton, Isaac Northrop and Ira Day, Esqs., being severally sworn, do severally depose and say : That they know the before named Mr. Sayre, and that his character, as an honest man and man of veracity, is unimpeached, and as fair as that of any man in the county in which he resides. Enos T. Throop, Hugh Buckley and Oliver C. Comstock, Esqs., being severally sworn, and Humphrey Howland, Esq., being duly affirmed, do severally depose and say : That they know the befpre ^najned Thomas Ludlow, Esq., and that his character, as an honest 68 Cases of Beeaches of Pbitilege of the House man and man of veracity, stands fair; tliey never heard it called in question. Then the House adjourned until ten o'clock to-morrow morning. Assembly Journal, 1812, pages 284 to 288. Assembly Chamber, March Vdih, 1812. The committee appointed to conduct the examination before this House into a charge of improper practices in relation to the bill incorporating the Bank of America, proceeded in the presence of the House to examine on oath Nathaniel Allen, Esq., a member of this House from the county of Ontario ; and after some time spent in such examination, it was, on motion, Resolved, That the doors of this House be again opened. Assembly Journal, 1812, page 293. Mr. Sayee Found Not Guilty and Disch^veged. Assembly Chamber, March 20^A, 1812. Mr. Grosvenor then made a motion that the House should agree to a resolution with recitals, which was read, in the words following, to wit: Whereas, Thomas Ludlow, one of the members of this House, hath, upon his examination on oath before the House, deposed that Daniel Sayre, of the county of Greene, did, while the bill for incorporating the Bank of America was pending in this House, make improper overtures to him (the said Thomas Ludlow) to influence him to vote in favor of the said bill ; and whereas, such overtures, if deliberately and willfully made, would be a violation of the privileges of this House ; and whereas, the said Daniel Sayre hath voluntarily appeared before this House and prayed to be permitted to purge himself on oath of the charge aforesaid so far as relates to a breach and contempt of the privileges of this House ; and whereas, the said Daniel Sayre had by the permission of this House been examined on oath touching the pi'emises, and upon such examination deposed that he had never made or intended to make any overtures of an improper nature to the said Thomas Ludlow or any other member of this House to facilitate the passage of the said bill, and that he has not and never has been directly or indirectly interested or employed to aid the passage of said bill ; and whereas, from the unblemished reputation and exemplary moral character of the said Daniel Sayre, the House are persuaded that the charge aforesaid against him is founded in mistake and mis- apprehension. Therefore, IN THE Assembly of the State of New York. 69 ResoVoed (as the sense of the House), That the said Daniel Sayre is not guilty of the breach of privileges of this House, charged against him as aforesaid. Mr. Ogden then made a motion that the words " and whereas from the unblemished reputation and exemplary moral character of the said Daniel Sayre, this House are persuaded that the charge aforesaid against him is founded in mistake and misapprehension." Therefore, ResoVoed (as the sense of this House), That the said Daniel Sayre is not guilty of the breaches of the privileges of this House charged against him as aforesaid, should be expunged from the said recitals and resolution. Debates were had thereon, and Mr. Speaker having put the ques- tion whether the House would agree to said motion, it passed in the negative. Mr. Kadcliff then made a motion that the words " as well " should be inserted between the words "character" and " of " in the last recital preceding the said resolution, and that the words " as the said Thomas Ludlow" should be inserted between the words "Sayre" and "this" in the same recital, and it was carried in the affirmative. Mr. Speaker then put the question whether the House would agree to the said resolution, with the recitals as amended, and it was carried in the affirmative.. Ayes, 67. Nays, 15. Assembly Journal, 1812, pages 296-297. 70 Cases of Breaches of Pettclege of the House In the matter of the Breach of PiiTilege of William J. Caldwell, Uelative to Peocueing Chaetek of the Chemical B^ink. — -Speoiai, Committee Appointed. Assembly Chambee, Albany, N'ovemher 5, 1S24. On motion of Mr. Tillotson, Hesolved, That a committee of five members be appointed, to inquire whether any unfair or corrupt practices were used, for the purpose of obtaining an act of incorporation for the Chemical Bank, and to inquire into the conduct of the agents for that application, and all the circumstances attending the passage of the bill. And that the said committee have power to send for persons and papers, and report their proceedings herein, during the present session of the Legislature. Committee. Ordered, That Mr. Tillotson, Mr. Hubbard, Mr. "Wheaton, Mr. Ruger and Mr. Howe be the said committee. Assembly Journal, 1824, page 1179. Statement of Chairman of Committee. November 12, 1S24. Mr. Tillotson, chairman of the committee appointed to inquire whether any unfair or corrupt means were used, in the procurement of the charter of the Chemical Bank, stated tliat he had received a communication from one William J. Caldwell, reflecting upon the honor and character of this House. Closed Dooes. Thereupon, the House proceeded to sit with closed doors, and the said communication was read in the words following, to wit : Albany, Novemher 11, 182i. Gentlemen. — I arrived in this city yesterday, in obedience to a summons from the chairman of tlie committee appointed by the House of Assembly, to investigate the subject of tlie incorporation of the Chemical Bank. I have ascertained, to my entire satisfaction, that the committee have determined to admit, as witnesses, the per sons implicated as parties to the corrupt means made use of to procure the passage of the act incorporating that bank. Indeed, I am informed by the chainnan that two of three persons have already been sworn as IN- THE Assembly of the State of New Yoek. 71 witnesses. If I appear before the committee, beyond all doubt, my testimony will be at variance with that of some of the corrupt actors in that scene ; and it will be essentially necessary, as well to the cor- roboration of my evidence, as also to fix the charge on these corrupt actors, that witnesses should be summoned from remote parts of the State. When it is considered that the present Legislature must adjourn in a few days, I am decidedly of opinion, and in that I am confirmed by my counsel, were the committee disposed to make a thorough investigation, the short space of time allowed for it will not admit of such investigation. T will not disguise the fact that public confidence in the purity of the present Legislature is so impaired that it is unfit, in the opinion not only of myself, but my counsel, tliat such an important inquiry should be conducted by them or by any commit- tee raised under their authority, when it is considered also that seve- ral of the members of both Houses are deeply implicated, public jus- tice would be better promoted by deferring the investigation #ntil the meeting of the next Legislature. *■' I owe it to myself to add that it is my fixed determination to prefer charges to the next House of Assembly against several persons who- have had a corrupt agency in procuring the passage of the act incor- porating the Chemical Bank, and whatever construction may be put on my declining to appear before your honorable committee by those who are implicated, I beg you to believe I shall not shrink from the responsibility I liave assumed upon myself. Your obedient servant, WILLIAM J. CALDWELL. Hon. John C. Tillotson, Esq., Chairman of tJie Committee. Thereupon, on motion of Mr. Whiting, Besolved, That the communication of William J. Caldwell, dated November lltli, 1824, addressed to the Hon. John C. Tillotson, chair- man of a select comniittee of tliis House, is a gross and indecent libel upon and a contempt of this House. Resolved, That His Honor the Speaker be directed to issue his warrant to the sergeant-at-arms to arrest the said Caldwell and bring him forthwith to the bar of this House. On motion of Mr. Livingston, Resolved, That the committee appointed to inquire whether any corrupt or improper means were used by the applicants to obtain the charter of tlie Chemical Bank be instructed to inquire by whom the 72 Cases of Bkeaches of Peitilege of the House communication of the eleventh of November, 1824, bearing the signa- ture of "William J. Caldwell, and addressed to John C. Tillotson, Esq., was written, and that they report the result of their inquiry to this House with all convenient dispatch. Sir. Tillotson, from the committee appointed to inquire whether any unfair or corrupt means were used by the applicants to obtain the charter of the Chemical Bank, and which was also instructed to inquire by whom the letter of the eleventh November, 1824, addressed to the Hon. John C. Tillotson, and bearing the signature of "William J. Caldwell, was written, reported : That the committee, in pursuance of their instructions, ]mve had the subject under consideration, and upon the examination of several witnesses upon their oaths, do find that the said communication is in the handwriting of Ambrose Spencer. On motion of Mr. Talmadge : liesol-^d, That the injunction of secrecy be observed, until the further order of this House. And then the House adjourned its secret session until to-morrow. Assembly Journal, 182-i, pages 1229, 1230. Mr. Crary offered, for the consideration of the House, a resolution and recital, in the words following, to wit : Whereas, The chairman of the committee appointed to inquire whether any unfair or corrupt means were used in obtaining the charter of the Chemical Bank, has received a communication from "William J. Caldwell, in the words following : Albany, JVov. 11, 1824. Gentlemen. — I arrived in this city yesterday, in obedience to a summons from the chairman of the committee appointed by the House of Assembly, to investigate the subject of the incorporation of the Cliemical Bank. I have ascertained, to my entire satisfaction, that the committee have determined to admit, as witnesses, the persons implicated as parties to the corrupt means made use of to procure the passage of the act incoi-porating that bank. Indeed, I am informed, by the chainnan, that two of three persons have already been sworn as witnesses. If I appear before the committee, beyond all doubt, my testimony will be at variance with that of some of the corrupt actors in that scene, and it will be essentially necessary, as well to the corroboration of my evidence, as also to fix the charge on these cor- rupt actors, that witnesses should be summoned from remote parts of the State. "When it is considered that the present Legislature must IN THE Assembly of the State of New Yoek. 13 adjourn in a few days, I am decidedly of opinion, and in that I am confirmed by my coimsel, were the committee disposed to make a thorough investigation, the short space of time allowed for it, will not admit of such investigation. I will not disguise the fact, that public confidence in the purity of the present Legislature, is so impaired, that it is unfit, in the opinion not only of myself, but mj counsel, that such an important inquiry should be conducted by them or by any committee raised under their authority. When it is con- sidered, also, that several of the members of both houses are deeply implicated, public justice would be better promoted by deferring the investigation until the meeting of the next Legislature. I owe it to myself to add, that it is my fixed determination, to prefer charges to the next House of Assembly, against several per- sons who have had a corrupt agency in pi'ocuring the passage of the act incorporating the Chemical Bank; and whatever construction may be put on my declining to appear before your honorable com- mittee, by those who are implicated, I beg you to believe, I shall not shrink from the responsibility I have assumed upon myself. Your obedient servant, WILLIAM J. CALDWELL. Hon. John C. Tillotson, Esq., Chairman of the Committee. which communication is proven to be in the handwriting of Ambrose Spencer. Therefore, it is Ordered, That the said Ambrose Spencer attend at the bar of this House, on Tuesday next, at twelve o'clock, and that a copy of this order be forthwith served on the said Ambrose Spencer. Ordered, That Mr. Crary, Mr. Edwards, Mr. Elagg, Mr. Wheaton and Mr. Waterman be a committee to frame interrogatories for the examination of Ambrose Spencer, upon the subject of the charges contained in the preceding letter, bearing the signature of William J. Caldwell. Ordered, That the injunction of secrecy upon the members of this House, in relation to the proceedings upon the communication of William J. Caldwell to the Honorable John C. Tillotson, of the 11th November, 1824, be and the same is hereby removed. Which communication is proven to be in the handwriting of Ambrose Spencer. 7i Cases of Beeaches of Peivilege of the House Ambeose Spencee Oedeeed to Attend at the Bae of the House. Therefore it is, Ordered, Tlmt the said Ambrose Spencer attend at the bar of this House on Tuesday next at twelve o'clock, and that a copy of this order be fortliwith served on the said Ambrose Spencer. CoMMrrTEE TO Feame Inteekogatoeies foe the Examination of Ambeose Spencee. Ordered, That Mr. Crary, Mr. Edwards, Mr. Flagg, Mr. Wheaton and Mr. Waterman, be a committee to frame interrogatories for the examination of Ambrose Spencer, upon the subject of the charges contained in the preceding letter bearing the signature of "William J. Caldwell. Ordered, That the injunction of secrecy upon the member;;, in relation to the proceedings upon the communication of William J. Caldwell to tlie Hon. John C. Tillotson, of the 11th November, 1S24, be and tlie same is hereby removed. Assembly Journal 1824, pages 1237, 1238. Monday, November 15, 1821. The House met pursuant to adjournment. A communication from Ambrose Spencer, Esq., was read, in tlie words following, to wit : Albany, Wovemher 15, 1824. SiE. — Will you have tlie goodness to communicate the inclosed let- ter, to the Honorable the Assembly, this morning ? Yours respectfully, A. SPENCER. Hon. RlCHAKD GOODELL, Speaker of the House of Assembly. Albany, November 15, 1824. SiE. — I have received a copy of a resolution of the honorable the Assembly, requiring me to appear at the bar of the House on Tues- day next, at 12 o'clock. The ground of this requisition would seem to be, that a communication from William J. Caldwell, to the chair- man of the committee appointed to inquire whether any unfair or corrupt means were used in obtaining the charter of the Chemical Bank, was in my handwriting. In drafting that letter, I acted as the counsel of Mr. Caldwell, and whilst I cannot consent to be held amenable to any tribunal for advice IN THE Assembly of the State of New Yoek. Y5 given in good faith to a client, I am free to declare that it was not mj intention to charge or insinuate that the present House of Assetn- hly, or any of its members, were corrupt. If the House have infer- red from the fact that the letter presented to the chairman of the committee was in my handwriting that I meant to go beyond the strict line of my duty, as counsel, and embark personally in the ques- tion, they have formed an erroneous opinion, I owe it to myself, as well as your honorable House, to declare that I did not expect, or intend, that the letter which I drafted as counsel would have been sent to the committee, or made public ; I have, therefore, neither assented to, or had any agency whatever in, the publication of that letter: and I disclaim all personal knowledge of the facts stated in it, as they were derived entirely from the information of my client. I feel myself incapable of offering a premeditated insult to any branch of the government, and none was intended on my part by the manner in which Mr. Caldwell's views were committed to paper ; and I must say that, in my judgment, I have not transcended the duties resiilting from my relation to Mr. Caldwell as his counsel. I trust this frank explanation will be deemed satisfactory to the House. Eespectfully, your obedient servant, A. SPENCEK. Hon. ElCHAED GOODELL, Speaker of the Assejnbly. Thereupon, on motion of Mr. Tallmadge, Besolved, That the order requiring the personal attendance of Ambrose Spencer at the bar of this House on Tuesday next be and the same is hereby rescinded. William J. Caldwell Beought to the Bae of the House. James D. "Wasson, Esq., sexgeant-at-arms of the House of Assem- bly, made a i-etum of the warrant issued on Friday last, for the apprehension of William J. Caldwell, that the said Williau was in custody at the bar of this House. Thereupon, Ordered, That the said warrant and return tiiereon be referred to the select committee, of which Mr. Crary is chairman, with instruc- tions to prepare interrogatories in relation to the alleged contempt of the said William J. Caldwell, against the honor and dignity of this House. Assembly Journal, 1824, pages 1244, 1245, 1246. 76 Cases of Breaches of Peivilege of the House Ifovemler 16th, 1824. Inteekogatokies Pkoposed. Mr. Edwards, from the committee appointed to frame iuterroga- tories to carry on the investigation upon the subject of an alleged contempt of William J. Caldwell, against the honor and dignity of this House, reported the following as proper interrogatories to be put to the prisoner at the bar. After the prisoner is put to the bar of the House, read to him the letter : Was the communication now read to you, written at your request? Did you read the said communication, or was it read in your pres- ence before it was signed, and did you sign your name to the same ? Did you address the said communication to the Hon. John C. Tillotson, chairman of a select committee of this House, or did yon direct any other person so to address it ? Did you deliver the said communication thus addressed to the Hon. John C. Tillotson, or to any other person to be delivered to the Hon. John C. Tillotson, as chairman of the said committee ? Did you read the said communication to any person or persons before it was delivered to the Hon. John C. Tillotson, and if yea, to whom 1 Did you permit any person or persons to read the said communica- tion before it was delivered to the Hon. John C. Tillotson, and if yea, to whom ? Did you refuse to answer, as a witness, before a committee of which the Hon. John C. Tillotson was chairman ? Thereupon, Mr. Speaker put the question whetlier the House would agree to the said interrogatories, as reported by the said com- mittee, and it was determined in the affirmative. Thereupon, tlie said William J. Caldwell, being put to the bar of the House, on motion of Mr. Cunningham, liesolved, Tliat a copy of the preceding interrogatories be forthwith served upon the said William J. Caldwell, and that the said William J. Caldwell be required to answer the same upon his written deposition. On motion of Mr. Cunningham, Besolved, That the further consideration of the said investigation be postponed until to-morrow, at twelve o'clock at noon. Assembly Journal, 1824, pages 1253, 1254. Joint Committee Appointed. A copy of a resolution from the Senate, delivered by their clerk, was read in the words following, to wit : IN THE Assembly of the State of New Yoek. 77 Resolved (if the Assembly eonciir herein), That a committee of five members of the Assembly and three of the Senate, be appointed to inquire whether any unfair and cornipt practices were used, for the purpose of obtaining an act of incorporation for the Chemical Bank, and to inquire into the conduct of the agents for that application, and all the circumstances attending the passage of the bill ; and that said committee have power to send for persons and papers, and report their proceedings herein during the present session of the Legislature, and that in case of such concun'euce, that Mr. Sudam, Mr. Clark and Mr. Bowman, be of the said committee on the part of the Senate ; thereupon. Resolved, That this House do concur with the Senate in this said resolution, and that Mr. Tillotson, Mr. Howe, Mr. Hubbard, Mr. Wheaton and Mr. Ruger be of the said committee on the part of the House. Ordered, That the clerk deliver a copy of the preceding resolu- tion of concurrence to the Senate. Assembly Journal, 1824, page 1260. William J. Caldwell at the Bar of the House. — Intbeeoga- TOEIES PeOI'OSED, AND HIS AnSWEES. NoveTnher 17, 1824. The sergeant-at-arms then brought "William J. Caldwell to the bar of the Plouse. "Whereupon the letter bearing the signature of William J. Caldwell and addressed to the Hon. John C. Tillotson, as entered on the jour- nal of Friday last, was read. Thereupon Mr. Speaker put to the prisoner at the bar the following questions : \sb Question. Was the communication now read to you, written at your request % To which the prisoner answsred : It was written at my request. 2(^ Question. Did you read the said communication or was it read in your presence before it was signed, and did you sign your name to the same? Answer. I read the communication before it was signed, and 1 did sign my name to the same. Qd Question. Did you address the said communication to the Hon. John C. Tillotson, chairman of a select committee of this House, or did you direct any other person so to do ? Answer. The communication was addressed at my request. 73 Cases of Breaches of Peivilege of the House 4:th Question. Did you deliver the commnnication thus addressed to the Hon. John C. Tillotson, or to any other pei-son, to be delivered to the Hon. John C. Tillotson, as chairman of the said committee? Answer. I did not deliver the communication to the Hon. John C. Tillotson myself; I sent it by a boy. 5th Question. Did you read the said communication to any person or persons before it was delivered to the Hon. John C. Tillotson, and if yea, to whom 1 Answer. I did not. 6th Question. Did you permit any person or persons to read the said communication, before it was delivered to the Hon. John C. Tillotson, and if yea, to whom ? Answer. I permitted no person to read said communication, pre- vious to sending it to the Hon. John C. Tillotson, except the person who copied it for me, at my request. 7th Question. Did you refuse to answer before the committee of which the Hon. John C. Tillotson was chairman ? Answer. I did refuse to answer, as a witness, before the committee of which the Hon. John C. Tillotson was chairman, on the ground that two persons, as I was informed, were admitted as witnesses ; one of whom stands indicted for bribery; the other, and no other person sent for, as a witness, but myself, although the names of a number of witnesses were given to this committee, and what they would pro- bably testifj- to — they being in the remote parts of the State, and not summoned to appear, as I was informed — I did consider myself justifiable in declining to testify, under the circumstances, as my testi- mony, I presume, would not agree with those implicated ; and I liad no reason to believe that witnesses in corroboration of my testimony would be summoned as witnesses before the committee. I have learnt tliat yesterday a joint committee of the Senate and Assembly are about proceeding in the investigation of the means made use of to obtain the charter of the Chemical Bank ; and I am assured by the Hon. John Sudam, chairman of the said joint committee, that it is intended to make a thorough investigation into that subject; and, under this belief, I have concluded to submit to an examination before the committee. With respect to the letter addressed by me to tlie Hon. John C. Tillotson, it was not my intention to commit any con- tempt against this House, or to charge the Assembly, as a body, with corruption. In the letter to Mr. Tillotson I expressed a mere abstract opinion, derived from various sources and considerations ; and I can- not believe that this House will consider me guilty of contempt when IN THE Assembly of the State of New Yoek. Y9 none was intended, for the expression of an opinion. I have not chai'ged the House with corruption, and never meant to make that charge. Thereupon, on motion of Mr. Edwards, Resolved, That it appears from the confessions of "William J. Cald- well that he directed Ambrose Spencer to write the communication addressed by him to the Hon. John C. Tillotson, chairman of a select committee of this House, which has just been read by the clerk of this House, to the said "William J. Caldwell, and that he (the said "Wil- liam J. Caldwell) directed the same to be delivered to the Hon. John C. Tillotson, which said communication contains charges highly inju- rious to the honor and integrity of the Legislature, and that his answers furnish no sufficient reason for his refusal to appear before the committee and testify. Resolved, therefore, That the said "William J. Caldwell is guilty of a misdemeanor and contempt of this House. Thereupon, Resolved, That the sergeant-at-arms take the said "William J. Cald- well from the bar of this House and deliver him to the keeper of the jail of the city and county of Albany ; that the said "William J. Cald- well be imprisoned in the said jail until the further orders of this House, and that the Speaker do issue his warrant accordingly. Assembly Journal, 1824, pages 1265, 1266. November 18, 1824. Committee desires attendance of Mr. Caldwell, and the jailor is directed to attend with him before committee. A communication from John Sudam, Esq., was read in the words following, to wit : Sib. — I am directed by the joint committee of the Senate and Assembly, appointed to inquire into the means made use of to procure the incorporation of the Chemical Bank, to request that the honor- able the Assembly would order that "William J. Caldwell (now in prison by order of the Assembly, for contempt), to appear before the said committee, to testify in regard to the means made use of for the purpose of procuring the passage of the bill incorporating the said bank ; his testimony, in the opinion of the committee, being material. I have also the honor to inform you, that the committee at eleven this day will be ready to proceed to the examination of the said W. J. Caldwell. KespectfuUy, your obedient servant, JOHN SUDAM, Chairman. Hon. ElCHAED GOODELL, Speaker of the AssmthVy. 80 Cases of Beeaciies of Peivilege of the Uousb Tliereupon, on motion of Mr. Tallmadge, Resolved, That the sheriff or keeper of the prison, in and for the city and county of Albany, be ordered and required to take and attend William J. Caldwell (now in custody by order of this House), before tlie joint committee of the Senate and Assembly, charged with an inquiry in regard to the Chemical Bank, in order that he may be examined and testify before such committee ; and that the said Wil- liam J. Caldwell be then remanded to the said prison until the further order of this House, and to be there kept in accordance to the first order for commitment. Assembly Journal, 1824, pages 127-i, 1275. Wovemher, 19, 1824. Me. Caldwell before the CoMMirrEE. A communication from John Sudani was read in the words follow- ing, to wit : Committee Kooms, Albany, Ifovember IMh, 1824. Sir. — I am directed by the joint committee of the Senate and Assembly, to inform you that William J. Caldwell (now confined by the honorable the Assembly for a contempt), lias appeared before the committee, and candidly and frankly answered all the questions whicli were put to him by the committee. The committee think it their duty to inform you of this fact, that it may be taken into considera- tion by the honorable the Assembly. Eespectfully your obedient servant, JOHN SUDAM, Chairmm. Hon. ElCHAED GOODELL, ' Speaker of the House of Assembly. Ordered, That the same do lie on the table. Assembly Journal, 1824, page 1288. Report of the Joint CoMMrrrEB. Mr. Hubbard, from the joint committee of the Senate and Assem- W.7, appointed in pursuance of the resolution of both branches of the Legislature of the State of New York, to inquire whether any corrupt and unfair practices were used for the purpose of obtaining an act of incorporation for the Chemical Bank, and to inquire into the conduct of the agents of that application, and of all circumstances attending the passage of the bill, reported : IN THE Assembly of the State of New Yoek. 81 That they have been diligently employed since their appointment, in performing the duty assigned to them by the two branches of the Legislature. The committee were well satisfied that the dignity and character of the Legislature, the honor of the State, and the senti- ments and feelings of the public, required a full and thorough inves- tigation of the subjects submitted to their examination, and they have, to the best of their ability, performed a trust no less delicate than important in any respect in which the subject-matter of the resolution may be considered. In the course of their examination they have entered very fully into the spirit of the resolution by which the com- mittee was raised, as well for the honor of the Legislature, as from a full conviction that no member of either House would shrink from, but rather court a full and satisfactory inquiry. The charges of corruption or unfair means in procuring the charter of the bank in aid of the Chemical Manufacturing Company origi- nated, as is well known, from a disclosure made by William J. Cald- well, of the city of New York, who was an agent in this city last winter for procuring banking privileges to the said manufacturing company. Mr. Caldwell was the avowed agent of Mr. Morrison, the principal, and is admitted by Mr. Morrison to have been employed by him to assist in procuring the passage of tlie bill. Caldwell is the only person who has brought a charge against any member of either branch of the Legislature of corruptly giving their vote for the Chemi- cal Bank. In the opinion of the committee, their duty (under the concurrent resolution) was to inquire, 1st. Has any member of either branch of the Legislature been influenced in his vote in favor of the bill by a reward or the hope thereof, either directly or indirectly ? 2d. What was the conduct of the agents for that bank and the means made use of by them in procuring the act granting banking privileges to the said manufacturing company ? 1st. It is hardly necessary to say that the only person who charges corruption in procuring this charter, either directly or indirectly, is William J. Caldwell, now in custody by order of the Assembly for a contempt. The committee having been furnished by the Attorney- General with the afl&davit of Mr. Caldwell, heretofore made, pro- ceeded to examine him in regard to all the facts within his knowledge or lelief attending the passage of the bill in question. Caldwell states that he was employed by Mr. Morrison, the applicant for the bank, in the fall of 1823, to solicit its passage through the Legisla- ture, and was to receive $2,000 if the banking privileges were granted, 6 82 Cases of Bbeaches of Privilege of the House and he produces a written agreement signed by Mr. Morrison, of the date of seventh of February, 1824, as proof of the sum he was to receive. He says that he was to receive this sum of money for pro- curing the passage of the bill granting banking privileges lyfair and honorable means, and he expressly swears that he knows of no unfair means made use of by himself, nor any offer of money, or the value of it, or the receipt of money, to vote for the bank, except the case of Mr. P. Spencer, of the Assembly, and what Morrison told him in regard to Mr. Keyes and Mr. Brunson of the Senate, which last charge will be hereafter noticed. The case of Mr. P. Spencer of the Assembly is this (as stated by Caldwell), that last winter, before the passage of the bill in question in the Assembly, and the day preceding that on which the question was to be taken in that House, Caldwell called on Mr. Spencer at the request of Mr. Morrison, who had understood that Mr. Spencer was about to leave the city on business, to persuade him to remain in town until the vote had been taken ; that Mr. Spencer said he was opposed to banks, and that he must go to the northward to raise money from a friend or relation to meet his engagements ; that Caldwell went back and told Morrison of this ; that Morrison said if it was money Mr. Spencer wanted he could let him have it, and that he would go and see him ; that Morrison went up to see Mr. Spencer, who lodged at Smith's, and on his return called on Caldwell at Mr. Gourlay's, and told him Mr. P. Spencer would stay and vote for his bill; that he (Morrison) was to let Mr. Spencer have the money, and Spencer was to use his influence with Mr. G. Smith, who lodged in the same room with Mr. Spencer, also to vote for Mr. Morrison's bill; that Mr. Spencer the next day voted for the bill, and used his influence afterwards in procuring its pas- sage in the Senate; that previous to Caldwell's leaving this city for New York, and while the bank bill was pending in the Sen- ate, Morrison handed him some bills to pay over to P. Spencer, who had just left Morrison, and was going over to the Capitol inn, kept by Mr. Benjamin ; Morrison said he did not like to be seen paying money, for fear of suspicion ; that Caldwell went to the inn, followed by Spencer, in the back room ; and on counting the money, found it to be forty dollars ; that he paid it to him and took his note, payable to J. C. Morrison ; that Caldwell informed Spencer that the money came from Morrison ; that shortly after, Caldwell went to New York; but before he went, P. Spencer asked him, in the Capitol, if Morri- son was a man of honor, and could be relied on ; Caldwell answered that he thought he was ; that Mr. Spencer then recapitulated to him IN THE Assembly op the State op New Yoek. 83 all the former conversation about his going to the northward for money (as before stated by Caldwell), and that Morrison had promised him the money he wanted ; that he had as yet paid him only forty dollars ; that he had money to pay in Albany ; that he eonld get none from Mr. Morrison ; that the amount Morrison had agreed to let him have was $300 ; but he (Spencer) was afraid he would not perform. This conversation, Caldwell swears, was repeated by him to Morrison directly after; and that Morrison replied that he did not intend to let Mr. Spencer have any more unless the bank passed the Senate. Caldwell says that directly after this conversation he went to New York, and knew nothing more of the transaction, until, in New York, after the bill had passed, Morrison and himself, in making out the cost of the charter of the Chemical Bank, Morrison put down $300 as paid to Mr. Spencer ; and he produced to the committee a list of names, with the sums annexed, which is set forth in his deposition. That this statement was made by Morrison to ascertain how much the charter of the bank had or would cost ; Morrison said that although he had the note of Mr. P. Spencer for that sum, still it was understood that it was not to be collected. This charge, on the face of it, is a formidable one. Eut, on the other side, it is shown by the oath of Mr. Morrison that he never called on Mr. P. Spencer, at any time, and offei'ed him the loan of any money for his vote ; that he did not call on him the evening preceding the question being taken in the Assembly ; that he never informed Mr. Caldwell that he agreed to loan money to Spencer ; that Caldwell, at one time, after the bill had passed the Assembly, came to him and said that he wanted thirty- seven dollars or forty dollars for an individual ; that he borrowed a part of the money from Mr. Mark Spencer, of New York, and that Caldwell returned to him Mr. P. Spencer's note for forty dollars ; that Morrison asked Caldwell who P. Spencer was, and Caldwell answered, " the red-headed man ;" that after the Chemical Bank had passed the Senate, Mr. P. Spencer requested Morrison to loan him money to make a payment which was very important to him; and that he (Spencer) had been disappointed in receiving money, for which loan he oftered his note; that Morrison, after some delay, and having inquired into the state of the aflfairs of Mr. Spencer, advanced him $300, including the forty dollars before mentioned, for which Mr. Spencer gave his note, bearing date the fifth of April, 1824 — four days after the final passage of the Chemical Bank ; that this loan was made in perfect good faith, a negotiable note taken, on interest, pay- able on demand ; which note, Morrison swears, was entered on his 84 Cases of Breaches of Peivilege of the House books in the ordinary course of business, and that it was given with- out any reference to the vote of Mr. Spencer, and without any pre- vious understanding, expressed or implied, that Mr. Spencer was to receive any gratuity for his vote ; and that this money was not paid in pursuance of any previous stipulation, but was a honajide business transaction. The evidence of Mr. Morrison is confirmed by that of Mr. M'Call, of the Senate, and Mr. G. Smith, of the Assembly, both of whom state that Mr. Spencer, from the commencement of the session o^ the Legislature, uniformly expressed himself favorable to the incorporation of the Chemical Bank. And to this is added the oath of Mr. P. Spencer, all of whom contradict Caldwell in one material fact, viz. : that Mr. P. Spencer was originally opposed to the passage of the bill incorporating the bank. The committee have dwelt on this case more largely than they otherwise would have done, as it appears to them the only one in the Assembly worthy of notice, and they have endea- vored to give a faithful analysis of the evidence, and without pretend- ing to give any direction on this subject to the honorable the Assem- bly. And they respectfully suggest as their opinion, that Mr. Spen- cer, however liable to the charge of indiscretion, has not, in fact or in intent, been guilty of any corrupt conduct in voting for the incorpo- ration of the Chemical Bank. But they trust that his case will serve as a beacon, to warn all others under similar circumstances. Indeed, the committee cannot but believe that Mr. Spencer was induced to apply for this loan from the facUity with which, and the low interest at which Mr. Caldwell stated money could be procured at New York. They consider it an imprudent act, liable to be misconstrued, but not one coupled with guilt. The committee are the more inclined to this opinion, because Mr. Caldwell's testimony has in other instances been impeached in the course of this examination. The case of Mr. Spen- cer closes the charges made by Caldwell in the Assembly, of bribery and corruption, or any unfair dealing. The next charge of Mr. Caldwell extends to the Senate, and of his own knowledge Mr. Caldwell does not pretend to say that he knows of any fact or circumstance which could attach to any Senator any suspicion, nor does he believe that any or either of them were actu- ated or influenced by any improper motives, except in so much as he was informed by Mr. Morrison, his employer, he states that Mr. Mor- rison implicated of the Senate Dr. Greenly, Mr. Keyes, Mr. Wheeler, Mr. Brunson, Mr. Cramer, and the president of the Senate, General Koot, as the persons to be benefited by the incorporation of his bank. IN THE Assembly of the State of New Yoek. 85 Such a charge could not be lightly treated by the committee, and they determined in their examination on this subject to go to the utmost extent of their power, under the concurrent resolution of the Senate and Assembly, to discover the truth or falsehood of this alle- gation. It being premised that Mr. Caldwell founded this charge wholly on the declaration of Mr. Morrison, except the interest stated by him to have been taken by Mr. Cramer, before the commencement of the session of 1824:, it was natural for the committee to inquire from Mr. Caldwell whether he knew of any undue influence which had been made use of to command a vote in favor of the Chemical Bank in either branch of the Legislature. To which he answered, that he did not, of his own knowledge, know the fact, but only from the information of Mr. Morrison. He says expressly that he does not believe that Mr. Keyes or Mr. Brunson of the Senate ever received a cent of money on account of the Chemical Bank, and Mr. Morrison swears that the whole story of Caldwell in relation to what is alleged by Caldwell, that he (Morrison) said about any member of the Senate, is false, so far as he is connected with it, and that he (Morrison) never made or assented to any such list of suras of money paid or to be paid as is sworn to by Mr. Caldwell, and that his statement is wholly false in that respect. The charge of Mr. Caldwell that he suspected Mr. Cramer of the Senate of having an interest in the bank, appears to be most insisted upon by him. The committee indulged him in all his speculations on this subject, and they think it sufficient to say that from a review of all the evidence there is no reason to believe that Mr. Cramer had any interest, either directly or indirectly, in the incorporation of the Chemical Bank ; that he was neither directly nor indirectly to be benefited by it. That he was from the beginning its advocate, is well known to the committee ; but they cannot for a moment entertain the belief that he was in any way to be benefited by the passage of that bill, opposed as Caldwell is by the evidence of several respectable and . unprejudiced witnesses. It is clear from the testimony of Mr. Morrison, Mr. Seely, Mr. Post and Mr. Stebbins, that Mr. Cramer holds no stock in that bank or any one in trust for him, and that he has never received any pecuniary reward is equally certain, and they consider the imputation on the motives of Mr. Cramer by Caldwell as one of those tricks which were resorted to either to extort money from the fears of Mr. Morrison or to procure for Caldwell and others a controlling influence in the bank. The committee are fully justifled in this conclusion, because Caldwell him- self says he does not believe either Mr. Keyes or Mr. Brunson ever 86 Cases of Breaches op Privilege of the House received or were to receive a cent in money, although he swears Mor- rison so told him, and they stand in the list produced by him, as made up by Morrison and himself (as he swears), one for $1,000 and the other at $2,000. The committee have noticed this case the more par- ticularly because Caldwell is the only person who has thought proper to suspect Mr. Cramer of a pecuniary interest in the bank. All the other witnesses unite in saying that Mr. Cramer's efforts for the bank originated in pure and honorable motives. Nor can it be denied that a person, appearing as Mr. Caldwell does before the public, to entitle him to credit, ought to fortify his evidence by something more than his declaration under oath. He is wholly unsupported by any testi- mony, either direct or circiimstantial, and the committee consider it due to Mr. Cramer to say that they are unanimously of opinion that the imputation against him is wholly without foundation. They also find the charges against General Root, Mr. Wheeler, Mr. Brimson, Mr. Keyes and Dr. Greenly to be wholly without foundation. In the course of the investigation it was found that a rumor had gone abroad from Colonel John P. Decatur in regard to Colonel Stranahan of the Senate having been influenced in his vote on the Chemical Bank ; Colonel Decatur being out of this State, he could not be reached by j^rocess of subpcsna. The committee have, however, examined Mr. Hedden, of New York, on the subject of the charge, by whicli examination it will clearly appear, in con- nection with the evidence of Mr. Morrison, and the note of General Eobert Swartwout to Morrison, that the vote of Colonel Stranahan was alleged by Decatur to have been procured by him, as a pretext to induce Morrison to pay him $5,000. Colonel Stranahan volun- tarily appeared before the committee, and his examination is here- with transmitted. The note from Decatur to him bears date two days after the Chemical Bank had passed, and is of such a character as to induce the committee to believe that Decatur expected to derive some personal benefit from writing it, at the expense of Colonel Stranahan, by alleging to Morrison that he had made engagements for $1,000. The testimony of Mr. Hedden fortifies this presumption, and his evidence, as well as that of Colonel Stranahan, shows most clearly that the note of Decatur to him had no connection with his vote. It having also been sui-mised, that a bond or obligation had been given to Colonel Mclntyre, of the Senate, by Morrison, promising a clerk- ship in the bank, if it passed the Senate, the committee inquired into it. The simple transaction is, that a Mr. Powers, from Montgomery, being in Albany, proffered to Mr. Morrison his aid in procuring the IN THE Assembly of the State of New Yoee. 8'( cliarter for his bank, and that he should have a situation in it. Mr. Morrison gave him a certificate to this effect ; which, after the bill passed the Senate, was handed by Powers to Colonel Mclntyre, to be kept. The fact being well known, from the commencement of the session, that Colonel Mclntyre was in favor of this bank. Colonel Mclntyre showed the paper to the chainnan of the committee, and is ready to produce it to the Senate. The committee did not deem it necessary to examine him, although he wished to be examined, if the committee should deem it proper. It also appeared that Evan J. Elmendorf, a brother-in-law of Mr. Sudam, of the Senate, had a clerkship in this bank. At the request of Mr. Sudam, John Radcliffe was examined, as to the manner in which his appointment was pro- cured. Elmendorf had married a niece of Eadcliffe, and it appears clearly that Mr. Sudam had no knowledge of, or expectation of, this appointment ; nor was it in any way intimated to him that Elmen- dorf was to receive any appointment, either directly or indirectly, but that it was procured by Eadcliife. The committee deemed it their duty to inquire into every surmise which had been made, and which reached the committee, or any one of them ; and they congratulate the Senate that they can say, unanimously, that there is no reason to suspect, or believe, that any member of that body voted for the bank from improper or interested motives, or for reward, or the hope of it, either directly or indirectly. The committee are fully convinced, from their examination, that a combination of men, at Albany, last winter, from different parts of the State, and emphatically denomi- nated " The Lobby," by impure and corrupt practices among them- selves, and by pretense of influence over particular members of the Legislature, have given currency to the numerous reports, as to the causes which influenced the vote of members of the Senate and Assembly, wholly and utterly destitute of truth ; and the scene of depravity which has been disclosed to them, as to the means made use of by the " Lobby," to extort money from applicants for bank char- ters, can hardly be credited, had not some of them sanctioned it by their own oaths. And the committee have reason to believe, and do believe, the rumors of corruption in the Legislature, in regard to the Chemical Bank, were set afloat in the present instance, knowing them to be unfounded, with "a view of extorting money from Mr. John C. Morrison ; and when the whole facts are disclosed, they firmly believe the Legislature and public will agree with them in their opinion. Before, however, they proceed to this disclosure, the comnlittee regret that they .have to present to the Senate John Bryan, their 88 Cases of Breaches of Privilege of the House door-keeper, as liable to the severe animadversion of that body. His case is this : It clearly appears that upon an implied understanding, before the passage of the Chemical Bank, he demanded from Mr. Morrison, and received (after the passage of that bill in the Senate) 11,000, which he says was for his services in showing the medicine of Mr. Morrison's manufacture, and that the $1,000 was a voluntary gift by Mr. Morrison to him. He is, however, contradicted in the state- ment by Mr. Morrison and by Mark Spencer ; and it is evident, from the whole tenor of his own testimony, as well as that of others, that he joined the Lobby in their practices to force Morrison into the pay- ment of money for his (Bryan's) good will. He admits himself that, previous to the passage of the bill in the Senate, he made a distinct agreement in favor of his son William, for a sum of money and a situation in the factory. He denied to witnesses that he had received 'any money from Mr. Morrison (after he had in fact received it), as is stated in the evidence of Mr. Gourlay. The amount paid to him for the services performed by him, and the whole aspect of the transac- tion, clearly shows to the committee that he has made use of his offi- cial station to extort money from a fair applicant to the Legislature ; that he has endeavored to interfere in the business of the Legislature, and offered himself and his services as the subject of barter and sale. Such a man, in the opinion of the committee, ought not to be per- mitted any longer to hold a station near the Senate. The committee beg leave to remark that in the early part of their investigation, they examined Mr. Thurlow Weed, of Rochester, who was in this city a portion of the last winter. By his evidence it would appear as if Mr. Birdsall, of Chenango county, was acquainted with facts which could or might implicate Mr. Blakely of the Assem- bly. The committee immediately sent for Mr. Birdsall, and the time having arrived in which he might have reached this city, they have considered it proper to examine Mr. Blakely himself in regard to the transaction, and they are fully satisfied by his oath, as well as the pre- vious examination of Mr. Morrison, that there are no grounds of sus- pecting Mr. Blakely of having been directly or indirectly benefited by the passage of the Chemical Bank. Under such circumstances, the committee could not delay their report to the Legislature. In tlie examination of Mark Spencer, one of the directors of the Chemical Bank, it will be perceived that he gives it as his opinion that the $50,000 of reserved stock was intended, in part, for some member or members of the Legislature, and that it was held in trust for them. When the committee heard this evidence, from so respecta- IN THE Assembly of the State of New Yohk. 89 ble a source, they did consider it their duty to investigate it in all bearings. The evidence, however, of Mr. Seely, Mr. Morrison, Mr. Stebbins and Mr. Post satisfactorily explains this transaction as a fund pledged to various friends of Mr. Morrison, and that he has availed himself of the opportunity with the Messrs. Posts generally to buy out the inte- rests of those friends in this stock at a low rate, and all the persons are named in his examination. It will be perceived that the testimony taken by the committee necessarily introduces the names of several persons who acted as agents for the Chemical Bank, and who come within the scope of the concurrent resolution. In the inquiry instituted by the committee to discover if any member of the Legislature had been improperly iniiuenced in his vote, it became necessary to examine Mr. Morrison and the agents employed by him, and the evidence thus elicited is certainly far from creditable to any of the persons engaged, including Mr. Morrison, to see men holding judicial positions and others claim- ing rank in society congregate at the seat of government for the pur- pose of letting themselves out for such rewards as may be extorted from the fears or the hopes of applicants to the Legislature must be a source of deep regret to all who respect the purity of legislation. But when it appears that the votes of members of the Legislature are actu- ally pledged by the lobby without the most distant communication with them, and by these means riimors are spread abroad implicating the Legislature, and all for the purpose of extorting money from a desperate or a timid man, it becomes the sacred duty of the Legisla- ture to expose to' the public the names of the individuals who are guilty. The testimony discloses the names of William McDonald, now of Waterford ; Colonel Mather, of Eensselaer ; Aaron Hackley, late first judge of St. Lawrence ; Halsey Eogers, first judge of the county of Warren ; Ward B. Howard, of the city of JSTew York ; Isaac kibbe, of Buffalo ; Thomas Matchin, of Montgomery ; General Cai-penter, of Tioga ; W. J. Caldwell, of New York ; A. Moody, of New York ; Cornelius Masten, of Penn Yan, and General Swartwout, of New York. The letter of General Swartwout to Morrison suffi- ciently shows the interest taken by him and the course pursued sub- sequently taken by Decatur must lead to conclusions which are irre- sistible of some understanding existing between the latter gentlemen. General Swartwout was duly subpoenaed, but cannot be found by the committee, he having left his lodgings on Sunday last, and Colonel Decatur is out of the limits of the State, as is proved before them. It 90 Cases of Beeaches of Pbivilege of the House would be proper here to remark that "Ward B. Howard and "William J. Caldwell were engaged by Morrison to assist him in the fall of 1823, and that Howard expected a situation in the bank if the bill passed. The committee do not object to gentlemen attending the Legislature for the purpose of soliciting the passage of bills at a fair compensation, and where the county or city they represent has a direct interest in the question. "What (in the opinion of the commit- tee) constitutes the moral guilt and deserves to be severely censured is the practice of persons regularly meeting at Albany from various parts of the State, making it their business to lend their aid " fbr pay " to any application, and opposing applications unless they are paid, to be encouraged or tolerated, thus obstructing the regular course of legislation and casting suspicion as to the purity of legisla- tive acts. And painful as it is to the committee, they are bound to say that some of the agents of the Chemical Bank are deserving of this censure, and they trust that this disclosure will put an end to what has been familiarly called the powerful legislation of the lobby. Powerful, indeed, must the consideration be which can induce men of standing in society to leave their families for a whole winter and devote themselves for hire to the will of their employer. Such prac- tices, however, are as disreputable to the person who employs as the persons employed. And the committee ought not to screen Mr. Mor- rison from their censure unless it should be believed from the evi- dence that he was driven into the measures he took and the promises of money he made by the arts and devices of the lobby, and this there is certainly strong reason to suspect, since men holding such stations in society as some of those above named are indhced to lend their services to procure the passage of bills in which they are not person- ally interested. It is perhaps due to Mr. Morrison to state that he requested to appear before the committee by counsel and that the committee declined granting such leave, and so informed the counsel of Mr. Morrison by letter. The committee have presented, with as much clearness and per- spicuity as time would permit, an analysis of the testimony taken by them, and it remains for the Senate and Assembly respectively to adopt such measures as may comport with the honor and dignity of both branches of the Legislature on the evidence reported. nr THE Assembly of the State op New Yoek. 91 Documents Accomp anting the Eepoet oe the Joint Committee on THE Chemical Bank. Interrogatories to he administered to witnesses exammed wnder and ly virtue of a joint resolution of tlie Senate and AssewMy of the State of New YorTc, passed the IQth Wovember, 1824. 1st. Do you know of any corrupt or unfair means or practices on the part of the agent or agents, any or either of them, of the Chemi- cal Bank, for procuring the passage of the said bank, in the Legisla- ture, in the winter session of 1824, or any oifer of money by them, or either of them, or by any person or persons in their behalf, directly or indirectly, made or oifered to any member of either branch of the Legislature, to induce them, or either of them, to vote for the incor- poration of the said Chemical Bank ? 2d. Do you or do you not know, or are you acquainted with any offer made, either directly or indirectly, to any member of either branch of the Legislature, promising them, directly or indirectly, or any person or persons for their use or benefit, or for the use or benefit of any or either of them, directly or indirectly, any sum or sums of money, or stocks, or loan or loans of money, to induce them, or any or either of them, to vote for the incorporation of the Chemical Bank ? 3d. Do you know of any person or persons offering such rewards as are set forth in the preceding interrogatory to any member of either House of the Legislature, during the session in which the Chemical Bank was incorporated? If yea, who were the persons to whom such offer or offers were made ; whether the same were or were not accepted or rejected ; was or was not any money offered or refused, or the value of money in bills, bonds, notes, loans or otherwise, to induce any one or more members of either branch of the Legislature to vote for the incorporation of the said Chemical Bank? If yea, to what per- son or persons ; was or was not such offer accepted or refused, and to whom was such offer or offers made, and what was the amount of such offer or offers, to whom made, and when ; and when was the money or the securities for the payment of the money delivered, and to whom, and for whose use ? 4th. "Was there any combination or agreement between the person or persons applying for the Chemical Bank, and any other bank then pending before the Legislature, by which the aid or assistance of any members of either branch of the Legislature should be given to the Chemical Bank, in case they would lend their aid to the passage of any other bank ? If yea, disclose the names of such persons. 92 Cases of Breaches of Pkivilege of the HorsE 5 th. Do you know, or have you reason to believe, that the door- keepers, or either of them, sergeants-at-arms, or either of them, or any other officer of either branch of the Legislature, has either directly or indirectly received any sum of money, or any promise of the payment of money, by bond, bill, note, or otherwise, either for himself, or in trust for any member of either branch of the Legis- lature, either directly or indirectly, or in trust by any other person, either for his own use, in part or the whole, or in part or the whole for the use and benefit of any member of either branch of the Legis- lature, whether in possession, remainder, or reversion, or before or after the passing of the law incorporating the Chemical Bank ? 6th. Do you know of any matter or thing, by which any member of either branch of the Legislature of this State, being members at the time of, and before and after the incorporation of the Chemical Bank, or any officer or servant of either branch of the Legislature, have either directly or indirectly received any fee or reward, or the promise thereof, or the offer of a fee or reward, or the promise thereof, to induce them to procure a vote from any member of either branch of the Legislature, in favor of the act incorporating the said Chemical Bank ? Assembly Journal, 1824, pages 1317 to 1324 both inclusive. See testimony and documents, pages 1324 to 1351, both inclusive. Thereupon, Ordered, That double the usual number of copies of the said report be printed for the use of the Legislature. Ordered, That double the usual number of copies of the letters of W. J. Caldwell to the Hon. J. C. Tillotson, and of Ambrose Spencer to his honor the Speaker of this House, be printed for the use of the Legislature. William J. Caldwell Beought to the Bab of the House and Discharged. On motion of Mr. Tallmadge, Resolved, That "William J. Caldwell be brought to the bar of this House, and that he thereupon be discharged. Thereupon, the ser- geant-at-arms brought the said "William J. Caldwell to the bar of this House, who was accordingly discharged. Assembly Journal, 1824, page 1351. m THE Assembly of the State of New York. 93 In the Matter of the Breach of Privilege of Alvah Beehe. Offer op Bbibe in the Incoepoeation of the Tompkins County Bank. — Aekest of Alvah Bbebe. Assembly Chambee, Albany, February 15, 1833. Mr. Speaker announced that, pursuant to tlie mandate contained in the warrant isstied by order of the House, on the 11th inst., the ser- geant-at-arms made the following return : " By virtue of the within warrant, I have arrested Alvah Beebe, therein named, and now have him in my custody at the bar of the House of Assembly. " COENELIUS A. WALDRON, " Sergeant-at-Arms of the AssenMy. "February lb, 1833." Select Committee Appointed. Thereupon, on motion of Mr. Spencei", Resolved, That a select committee be appointed to conduct the further proceedings which may be necessary in relation to the alleged contempt and breach of the privileges of this House by Alvah Beebe. Ordered, That Mr. Spencer, Mr. Burwell and Mr. Herttell be the said committee. On motion of Mr. Spencer, Hesol/ved, That the injunction of secrecy in relation to the proceed- ings heretofore had by this House upon the alleged contempt and breach of the privileges of this House by Alvah Beebe, be removed ; and that the report of the select committee on that subject, made on the 11th of February instant, together with the testimony accompa- nying the same, be printed. In Assembly, February 15, 1833. Confidential Jouenal op the peoceedings of the Assembly of the 11th Febeuaey, 1833, pttblished pitesuant to a resolution of the 15th Febbuaey. Mr. Spencer, from the select committee appointed to ascertain the author of a letter addressed to John De Mott, Esq., a member of this House, and to report their opinion as to further proceedings to be had in relation to the said letter, reported, that the committee have taken the testimony of John De Mott, Ira Tillotson, Thomas Bishop, Daniel B. Swartwood and Joshua Lee, Esqs., members of this House, in relation to the subject on which they are directed to inquire and report 94 Cases of Beeaches of Peivilege of the House to the House, which testimony is reported herewith. The committee are unanimously of opinion, ii-om the evidence adduced, that Alvah Beebe, of Ithaca, in the county of Tompkins, is the author and writer of the letter to Mr. De Mott. "With respect to the further proceedings which should be had, your committee are of the opinion that the letter referred to them contains a direct offer of a bribe to a member of this House, and is an attempt, by corrupt means, directly to influence a member of this House in giving his vote upon an application, then pending in the House, for the incorporation of a bank by the name of the Tompkins County Bank. They think it impossible for any one who reads the letter to give it a different construction ; and they can not hesitate to pronounce it a gross and flagrant contempt and breach of the privileges of this House. The offender appears to be a man of some standing in commu- nity, and a sincere and zealous advocate of the application for the Tompkins County Bank ; and his offense must therefore at present, be presumed to be intentional. Under such circumstances your committee are of opinion that it is due to the purity of legislation, to the character of this House, and to that confidence which the people of this State should reppse in the integrity of their representatives, that the offender in the present case should be brought to answer for his conduct, and should be dealt with in such a manner as to repress and prevent similar attempts in future. The committee, therefore, unanimously recommend to the House the adoption of the following resolutions : Whereas, It satisfactorily appears to this House, by the testimony of John De Mott, Ira Tillotson and Thomas Bishop, Esqs., membere of this House, taken on oath, by a select committee, and reported to this House, that Alvah Beebe, of Ithaca, in the county of Tompkins, in the month of January last, addressed an anonymous letter to John De Mott, Esq., a member of this House, requesting his aid in favor of an application then pending for the incorporation of a bank by the name of the Tompkins County Bank, and offering to him ten thousand doUai-s. of the stock of the said bank, and threatening an opposition to other bank applications, in case the said application failed; and whereas, the said letter is an offer to bribe a member of this House, and is an attempt by corrupt means, directly to influence such member in giving his vote upon the aforesaid application, and is a contempt of this House, and a breach of its privileges ; therefore, Hesohed, That the Speaker of this House do issue his warrant to IN THE Assembly of the State of New Yoek. 95 the sergeant-at-arms, commanding him to arrest the said Alvah Beebe, a.nd to bring him before this House, to answer for the said contempt and breach of the privileges of this House. Mr. Speaker put the question whether the House would agree to the said resolution and recital, and it was decided in the affirmative. Journal of the select committee appointed by the House of Assem- bly TO ASCERTAIN THE AUTHOR OF A CERTAIN LETTER TO JoHN De MoTT, Esq., a mbmbbe of that House. Saturday afternoon, i o'clock, the committee convened at Be- ment's Hotel, in the City of Albany. Present — J. C. Spencer, Thos. Herttell, and Dudley Burwell. John De Mott, Esq., a member of the House from the county of Seneca, being duly sworn, deposes, that a letter now exhibited to him, and which is hereto annexed, marked A, was received by him per- haps about two or three weeks since : it was brought to his room, according to his best recollection, by a servant, but it may have been left on his desk in the House ; he has no knowledge of the person who brought the same, nor of the person who wrote it, and there is no circumstance within his knowledge to indicate the author. Dr. Lee, a member of the House, and of the bank committee, was in the room of witness soon after receiving it, and witness casually mentioned it to him and Mr. Halsey of the Senate, who was present, and showed it to them. The next morning Dr. Lee requested witness to let him have the letter, in order to lay it before the committee, and witness handed it to him, with an injunction that no use should be made of it without the permission of witness. His motive in impos- ing this condition, was, that he thought the matter too contemptible for notice, and he did not wish to excite attention to himself. The letter was read in the House this morning, without his assent or knowledge. JOHN DE MOTT. , 1833, 1 before me. Sworn February 9, 1833, ) J. C. Spenoee, Chairman, etc. Ira Tillotson, a member of the House from the county of Tompkins, being sworn, deposes that he is not sufficiently acquainted with the hand- writing of the letter marked A, hereto annexed, to swear to the same. From a comparison of the handwriting of the superscription of the letter, with other letters seen and received by him, he thinks he can recognize the writer. "Witness, on being required by the committee, 96 Cases of Bkeaches of Pkivilege of the House produces a letter which is hereto annexed, marked B, as one of those he has seen, and which he refers to, as being in a similar handwriting. From a comparison of the writing, he thinks a superscription of the letter to Mr. De Mott, marked A, was written by the same person who wrote the letter marked B, Alvah Beebe. Alvah Beebe resides in Ithaca. He is not in the city of Albany, and has not been during the winter, to the knowledge of witness. Beebe is in the flouring business. Witness has received several letters from Mr. Beebe on the subject of the application for a bank in Tompkins county, and among others, bundles of petitions, some of them sealed and others open, chiefly directed to members of the House. Witness was unacquainted with the contents of those which were sealed. Beebe appears to be a warm advocate for the bank IKA TILLOTSON Sworn February 9, 1833, ) before me. j J. C. Spencee, Chairman, etc. Thomas Bishop, a member of the House from Tompkins county, being sworn, deposes that he is acquainted with Alvah Beebe ; he is not particularly acquainted with the handwriting of the said Beebe, except what knowledge he has acquired from letters received from him since witness has been attending the Legislature. On examining the superscription of the letter to Mr. De Mott, marked A, witness says, that judging from letters he has seen from the said Beebe, he should think the direction of the letter to Mr. De Mott was in the writing of the said Beebe. Witness cannot say whether the handwriting inside of the letter is the same as the direction, but has no doubt that a part of it is. He has no doubt, in his own judgment, that the letter to Mr. De Mott is in the handwriting of Alvah Beebe. Witness received a number of letters, directed to members, under cover of a wrapper, in which was writing in the same hand as the letter to Mr. De Mott, requesting witness to deposit tliose letters in the post-office, which he accordingly did. Witness does not know that they were all sealed, but those which appeared to have priting on them were sealed. Witness and the other members from Tompkins, were unac- quainted with the contents of the letters thus inclosed to them. THOMAS BISHOP. Sworn February 9, 1833, ) before me. j J. C. Spencek, Chavrman, etc. IN THE Assembly of the State op New Yoek. 97 Daniel B. Swartwood, a member of the House of Assembly from Tompkins county, being sworn, deposes that he has a slight personal acquaintance only with Alvah Beebe, but has had no communication or correspondence with hiin during the present winter ; he has not received any letters from him for distribution or otherwise, and has no knowledge of a letter to Mr. De Mott. Witness saw the letters received by his colleagues, Messrs. Tillotson and Bishop, and knew of their having distributed them, but did not know the contents of any of them. A part of those letters were sealed, and a part of them were not, and witness supposed they were all petitions for a bank at Ithaca. Witness saw some of them, that were of that description ; these were not sealed. D. B. SWARTWOOD. Sworn February 9, 1833, ) before me. j J. C. Spenobe, Chairmcm, etc. Joshua Lee, a member of the House from Yates county, being sworn, deposes, that in a conversation with Mr. De Mott, at his room, he mentioned having received the letter marked A, and read it to wit- ness. The next morning witness asked Mr. De Mott for the letter, with a view to show it to the bank committee; Mr. De Mott told witness he might have it, but did not wish his name used ; that he considered it contemptible, and an imposition on him ; witness stated that his object in getting it was to compare the handwriting with other letters on the same subject, to see if the author could be detected. Witness took the letter and handed it to Col. Litchfield, chairman of the bank committee. Mr. De Mott followed witness into the room where he was with Col. Litchfield, and remarked to him that he had no objection to the committee using the letter, but that it was not to be made public without his knowledge and consent. It was left with Mr. Litchfield, who left the city the day the report against the bank was made, and hamded over his papers to Mr. Morris of the bank com- mittee, who probably was not informed of the cohditions on which it was left. JOSHUA LEE. Sworn February 9, 1833, ) before me. f J. 0. Spencer, Chavrman, etc. 98 Cases of Beeaohes of Privilege of the House (A.) 3,000 names. Dbae General. — ^IseeN. Burgh has a report, which is a similar case to ours ; if we do not get one we shall oppose some others. Please do all you can for us, and have $10,000 of our stock ; we need more than river counties; facilities, ha? We want your aid and your name with us. Orange county has two already. (B.) Deal Sns. — Permit me to introduce to your acquaintance Mr. Til- V)tson, our village member. I have only to add, that Mr. T., as well as our whole delegation, we firm partisans. I am, dear sir, your obedient servant, ALYAH BEEBE. Hon. M. Van Sohaick, Albany. P. S. — We feel indebted to your delegation. Ithaca, January 8, 1833. Resolved, That the report of the select committee on the subject of a letter addressed to John De Mott, Esq., a member of this House, the documents accompanying that report, and the proceedings of the House thereon, be deemed confidential, and not to be disclosed until so ordered by the House ; and that the printing of said report and documents be suspended until otherwise directed. Assembly Documents, 1833, vol. 3, No. 143. Committee Eepoeted, Eecommending Intekbogatoeies. February 16, 1833. Mr. Spencer, from the select committee appointed to conduct the further proceedings which may be necessary in relation to the alleged contempt and breach of privileges of this House, by Alvah Beebe, reported, by respectfdUy recommending to the House the adoption of the following resolutions. Resol/ved, That Alvah Beebe be brought to the bar of this House, by the sergeant-at-arms, this day at twelve o'clock, and that the fol- lowing interrogatories be then put to him : First. Are you the petitioner for the incorporation of a bank in the county of Tompkins proposed to be called the Tompkins County Bank? Have you endeavored to aid and assist in promoting the object of that application ? IN THE Assembly ok the State of I^ew Yoek. 99 Second. Did you address copies of a printed petition in favor of that bank, to members of this House ? Did you inclose such copies to Thomas Bishop and Ira Tillotson, Esqs., members of this House, from the county of Tompkins, to be by them distributed to the members to whom the same were addressed ? "Were any of the said copies sealed ? Third. Look upon one of the copies now shown to you, addressed to " General De Mott, Albany," and at the writing under the printed petition, aud state whether the said address or direction and the said written matter, or either of them, were written by you ? Fourth. Was the said copy of a petition with the said wiitten mat- ter therein, sent by you to the said Ira Tillotson and Thomas Bishop, Esqs., or either of them, to be transmitted to General De Mott ? Fifth. By the address of the said copy of the petition to " General De Mott," did you intend John De Mott, Esq., a member of this House, from the county of Seneca ? Were you previously acquainted, personally, with the said John De Mott, and how long have you been acquainted with him. Sixth. "What explanation can you offer for having sent the said copy of a petition, with the said written matter therein, to the said John De Mott ? Re,s6l/oed, That the said Alvah Beebe be required to answer the said iiiterrogatories orally, and that his answers be taken down by the clCTk and read to him. ResoVeed, That if the said Alvah Beebe, after hearing the said interrogatories, shall desire a copy of them, and time to answer them, this House will hear such application and decide ; and if the said Alvah Beebe desires to present his own affidavit, or any other testi- mony, in explanation of his conduct, this House will receive the same. Besohed, Tniat the said Alvah Beebe remain in the custody of the eergeant-at-arms, by virtue of the warrant already issued, until he shall be discharged by the order of this House. Mr. Speaker put the question whether the House would agree to the said interrogatories and resolutions, and it was determined in the affirmative. Alvah Beebe at the Bab of the House. Thereupon, the said Alvah Beebe was brought to the bar of the House, and the above iiiterrogatories put to him by the Speaker. The said Alvah Beebe desired a copy of the said interrogatories, and time until Tuesday next to make answer thereto. 100 Cases of Breaches of Peivilege of the House On motion of Mr. Spencer, Ordered, That time be granted the said Alvah Beebe until Tues- day next, at twelve o'clock at noon, to make answer to the said inter- rogatories. Assembly Journal, 1833, pages 310, 311. February 16, 1833. Jn motion of Mr. Farrington, Resolved, That the select committee appointed to conduct the pro- ceedings on the part of this House against Alvah Beebe, for an alleged contempt, be instructed to inquire and report to this House whether any person or persons, and who, if any, have participated in the communications made to John De Mott and others, members of this House, with the pui-pose of improperly influencing the votes of the said members ; and that the said committee have power to send for persons and papers. Assembly Journal, 1833, page 313. Februwry 19, 1833. Eepokt of CoMMrrTEB. Mr. Spencer, from the select committee who were instructed by a resolution of the House to inquire and report whether any person or persons, and who, if any, have participated in certain communications made to John DeMott and others, members of this House, with the purpose of improperly influencing the votes of the said members, reported, and asked to be discharged from its further consideration. In Assembly, February 19, 1833. Repobt of the Select CoMMrrrEE appointed to inqtjibe whether OTHEBS PABTICIPATED IN THE LBTTEE8 OF AlVAH BeEBE, ETC. The select committee, who were instructed by a resolution of the House, to inquire and report whether any person or persons, and who, if any, have participated in certain communications made to John De Mott and others, members of this House, with the purpose of improperly influencing the votes of the said members, report : That after a careful and thorough examination of Alvah Beebe, the author of the communications alluded to, and after the examination of sundry other witnesses, your committee have not discovered any evidence to induce a belief that any person beside the said Beebe, has participated in those communications. It is most satisfactorily established that the members of this House from the county of Tomp- IN THE Assembly gf the State oe New Yi kins, were entirely ignorant of the contents of the sealed ' mitted through them, to different menabers of this House, letters were publicly read, and were not in any way knowing, or^prrvy to their being written, or to the designs of their author. And the committee are entirely satisfied that the applicants for the Tompkins County Bank, who are among the most respectable men in that county, are not responsible for the conduct of Alvah Beebe, and are in no way implicated in the measures he adopted to aid that applica- tion. The subject scarcely admits of a resolution being submitted to the House, and the committee can therefore only ask to be discharged from its further consideration. JOUENAL OF THE SeLECT CoMMITTEK, APPOINTED TO INQUIEB WHETHEK ant peesons have paeticipated in the commttnioation made to John De Mott and othees, membees of this House, with the puepose of influencing the votes of the said membees. February 18, 1833, half-past three o'clock, the committee convened at Bement's Hotel ; present — J. 0. Spencer, Dudley Burwell, and Thos Herttell. \Alvah Beebe, being sworn, deposes, that no person participated in th^ letter to John De Mott, written by the deponent (the subject of theVpresent inquiry)^ beside himself; no one who knew of his inten- tion \to write such a letter, and believes that no one knew of his intention to write to Mr. De Mott ; that letter was not shown to any person "after it was written, and no one knew its contents. "Witness is shown\letters to Mr. Litchfield, Mr. Wooster, Mr. Baker, Mr. Lee and Mr. ilorris, and says that no person participated in the writing of those letters, or either or any of them ; they were not written on the suggestion of any person, nor were their contents known to any other person.\ All the letters referred to, including that to Mr. De Mott, were sekled by witness and sent to Mr. Bishop and Mr. Tillot- Bon, to be by them put in the post-oflSice at Albany ; witness did not apprise those ^ntlemen of , the contents of the several letters, and has no reason for supposing those gentlemen were acquainted with their contents. There were a number of the petitions directed by witness to members of the House, and sent to Mr. Bishop and Mr. Tillotson, to be put, in the post-office, with the exception of a few, probably five or six Athese were unsealed and open ; those only were sealed, which were written upon. Witness cannot say that he has written any letters to Mr. Bishop, Mr. Tillotson or Mr. Swart wood, resr)ecting the course to be pursued in aiding the application for the 102 Cases of Beeaches of Peivilege of the House Tompkins County Bank; has written them, but cannot recollect that any allusion was made in his letters, to the course to be pursued by them in relation to the bank, although he may have done so. "Wit- ness never sent any names for commissioners to the bank committee, but made a selection, from the names of the petitioners of some forty or more names of the most distinguished men in that county ; this list witness sent to a friend in Albany, to show him what friends the bank had, and to obtain his aid. Witness did not personally know the gentleman to whom he sent the said list, although he knew him by reputation. It is possible that he sent another list of names to the amount of forty or more, to the bank committee, but he has no recollection of having done so. Since his arrival in Albany, he has not seen any letter from himself to Mr. Tillotson or Mr. Bishop. ALVAH BEEBE. Sworn February 18, 1833. ) before me. j J. C. Spencee, Chairman, etc. Ira Tillotson, a member of the House of Assembly from the County of Tompkins, being sworn, deposes that he was not acquainted with the contents of any of the sealed letters sent to him and Mr. Bishop by Alvah Beebe, to be put in the post-office, until they were read in the House of Assembly ; does not know of any person having parti- cipated with Beebe in writing those letters, or any of them, or of any person being acquainted with their contents before they were delivered to the persons to whom they were directed. The day before they were read in the House, he heard there were some improper letters in the hands of the committee. "Witness received several letters from Beebe, perhaps three or four, some of them on the subject of the bank ; one of them directed him how to manage, and to talk of opposition to Gen. Hathaway ; those letters were destroyed, on the advice of Mr. Swartwood, supposing that they were of no further use ; and that all that was wanted of them was to identify their handwriting. Cannot recollect when those letters were destroyed, but -thinks it was some two or three days since. Has no particular recollection of having talked with Gen. Hathaway about the Tompkins County Bank, though he has probably said to Gen. H. that it was a bank much desired by the people of Tompkins, and a deserving application ; he never talked of opposition to Gen. Hathaway. "Witness lias written nothing to Beebe on the subject of the bank, except that he may have said to IN THE Assembly of the State of New Yoek. 103 him there was no prospect of its success. "Witness never had any other but very general and loose conversation with Beebe or with any per- son about the bank, previous to witness' leaving home. lEA TILLOTSON. Sworn February 18, 1833, ) before me. j J. 0. Spenoee, Chcdrman, etc. Thomas Bishop, a member of the Assembly from Tompkins county, being sworn, deposes that he was not acquainted with the contents of any of the sealed letters sent by Alvah Beebe to himself and Mr. Tillotson, until they were read in the House of Assembly ; does not know of any person having participated with Beebe in writing their letters, or advising them, or of any person being acquainted with their contents previous to their being delivered to the persons to whom they were directed. He has no knowledge of any applicant ifor or friend of the bank, or any person living in or about Ithaca 3eing in any way implicated in the writing of those letters, or privy their being written, or any letters of a similar character. He received one or more letters from Beebe, on other subjects, and a wiapper around the letters Beebe had sent him to be put in the post- omie ; which he destroyed. The wrapper merely requested him to demit the letters in the post-office. He may have seen the letters of Be?,be to Mr. Tillotson, but has no distinct recollection of their contend THOMAS BISHOP Sworn INbruary 18, 1833, ) ' Ifore me. j J. C. Spenoee, Chairmam,, etc. Luther Ger\ of Ithaca, in the county of Tompkins, being sworn, deposes that hWver knew of Alvah Beebe writing any letters to members of theV,egislature in aid of the application for the Tompkins County Bank, u»il after his arrest, and knows not of any person hav- ing participated A or been privy to any such letters. Witness took no part in the appication, either for or against it. Beebe took an active, forward pat in supporting the application, but presumes he was not employed Di any one for that purpose. From his knowledge 104 Cases of Beeaohes of Peivilege of the House of Beebe, witness would hardly expect the friends of the application to engage his services. LUTHEE GERE. 8, 1833, I before me. Sworn February 18, 1833, ) J. 0. Spencee, Chairman, etc. David "Woodcock, being duly sworn, says that he resides in Ithaca, has been friendly to the application for the Tompkins County Bank, although he was not one of the signers. Witness did not know of Beebe's having written any letters, or sent any papers to members of the Legislature on the subject of the bank, until since his arrest, an4 does not know of any person having participated in or being priv^ to such letters. Except what witness has heard from Beebe, he never heard his name mentioned in connection with the bank. From his knowledge of Beebe he should not suppose the applicants of the bank would engage his services in aid of it. In November or December last, Beebe told witness that he was anxious for a bank, and this was the amount of all he had said to him about it. D. WOODWAED. Sworn February 18, 1833, [ before me. ) J. C. Spencek, Chairman, etc. Assembly Documents, 1833, vol. 3, No. 169. CoMMirTEE DiSCHAEGED. Mr. Speaker put the question whether the House wouU agree to discharge the committee from the further consideration ofthe subject embraced in the said resolution, and it was deterrohed in the affirmative. On motion of Mr. M. Patterson, Resolved, That Alvah Beebe have leave to file writen answers on oath to the interrogatories addressed to him by this Ibuse on the 16th instant. On motion of Mr. Patterson, Resolved, That Alvah Beebe be allowed to a>pear at the bar of this House with counsel. Alvah Beebe at the Bae of th House. The sergeant-at-arms then brought Alvah Bebe to the bar of the House. IN THE Assembly op the State of New Yoke. 105 Thereupon, Mr. Speaker put to the said Alvah Beebe the several interrogatories adopted by this House on Saturday last, to which the said Alvah Beebe made answers in writing as follows : Answers of Alvah Beebe. In the matter of Alvah Beebe respondent, before the Honorable the Assembly of the State of New York. The answer of Alvah Beebe to the several interrogatories addressed by the Honorable the Assembly, to this respondent. First. This respondent says, that he is an applicant, with many other persons, for the incorporation of a bank in the county of Tomp- kins ; and has endeavored to aid and assist in promoting the object of that application a,mong his friends and neighbors in the county of Tompkins, where this respondent resides. Second. I did address copies of the printed petitions for the incor- poration of the bank, to several members of the Honorable the Assembly ; I also inclosed copies of such petition to Thomas Bishop and Ira Tillotson, Esqs., members of this House from the county of Tompkins, to be, by them, put into the post-office for the members to whom they were addressed ; and it is probable that some five or six of them were sealed. Third. The copy of such petition shown to me, addressed to General De Mott, Albany, and the written matter thereunder writ- ten, was addressed by me and in my own handwriting, to General De Mott, and the address or direction thereon, and the writing there- under written, is in my own handwriting, and was written by me. Fourth. I do not recollect whether the said copy of the said peti- tion, with the said written matter thereunder, was sent by me to Ira Tillotson and Thomas Bishop, Esqs., or either of them, to be trans- mitted to General De Mott or not. Fifth. By addressing the said copy of said petition to General De Mott, I meant John De Mott, Esq., a member of this House from the county of Seneca, with whom I was previously acquainted, per- sonally, and have known him by reputation about twelve years. Sixth. This respondent, in answer to the sixth interrogatory says, that he is extensively engaged in the floiiring and milling business ; having invested by himself and associates a capital of from fifteen thousand to twenty thousand dollars ; and having use during the season for purchasing the produce of the country, for a much larger capital, and feeling strongly the necessity of having more facilities conveniently located to carry on this, respondent's business, this respondent asso- 106 Cases of Breaches of Peivilege of the House ciated Mraself with others, to make an application to the Honorable the Legislature to incorporate a bank, to be located in the village of Ithaca, where this respondent resides. This respondent feeling a deep, personal interest on the success of such application, and understanding that a great number of such applications were pending before the Legislature from almost every county of the State, and believing by general report that a prevailing disposition among the business part of the community existed to obtain bank stock, and the privileges conferred thereby to those pos- sessing that species of property ; and it having generally been asserted, and by many believed, that heretofore, and recently, many gentlemen, members of the Legislature, who had in charge applications of their constituents for new banks, were themselves, either directly or indirectly interested in the success of such applications ; and this respondent knowing from information and hearsay, that many gentle- men of either branch of the Legislature heretofore, have not deemed it improper or dishonorable to become large stockholders in banks, created by the aid of their votes ; and this respondent knowing the Hon. John De Mott to be a gentleman of high character, and a mer- chant of wealth and standing, above suspicion in the community where he resides, and residing about twenty miles from Ithaca ; and being informed that General De Mott and his constituents desired to obtain a bank for their accommodation and beneiit to be located at Ovid ; and it being understood by this respondent and associates at Ithaca, that the application for such bank at Ovid had been reported upon unfavorably by the Honorable the Bank Committee of the Assem- bly ; and it having been previously suggested to this respondent by the friends and relatives of General De Mott, residing at Ithaca, that in case such application for a bank at Ovid should not receive the favorable consideration of the Legislature, General De Mott, would most probably be willing to aid in the Tompkins county application in a proper manner, and take an interest therein, and invest about ten thousand dollars in the stock; and this respondent believing that General De Mott's business at a bank would be very large and profitable, being generally a purchaser of produce to a large amount, this respondent did believe that his association in the bank, applied for by this respondent, and associates would prove highly beneficial to such bank ; and this respondent, under all these considerations and circumstances, wrote the memorandum under the printed petition addressed by this respondent to General De Mott ; and this respond- ent says, that when he wrote such memorandum, he intended to m THE Assembly of the State or New Yoek. 107 invite General De Mott, bona Me and in good faith, to become a sub- scriber to the stock of said bank to the amount of $10,000, which his friends and relatives suggested he might probably wish to do ; also, to aid in the success of the application before the Legislature, as other honorable gentlemen often do, as this respondent is informed and believes. But this respondent denies all intention whatever, to offer to Gen- eral De Mott, or any other person, any unusual, corrupt or improper inducement, in order to influence his action or vote in the Honorable the Assembly ; nor was this respondent sensible at the time he noted the memorandum on the said printed petition addressed to General De Mott, that there was any impropriety in so doing, or that such memorandum would be offensive either to General De Mott or the Honorable the Assembly ; and this respondent acknowledges his deep regret that it should have been so considered. This respondent asks leave to add in explanation of that part of the memorandum which indicates opposition to other applications in case of failure of the respondent's and associates' application, that he is informed that such practice (whether improper or not), has generally obtained in very many instances, heretofore, with the members of the Legislature themselves, being a right which they and all others have secured to them by the free institutions of this State, when exercised for beneficial and proper purposes, and from good motives. "With this explanation and apology, this respondent submits himself to the Honorable the Assembly (and the community of which he is a member), and asks to be discharged, and that his reputation, rights and privileges may be secured and continued unto him unimpaired. ALYAH BEEBE. Cut ajstd County of Albany, ss : Alvah Beebe, the respondent in the foregoing answers to the inter- rogatories propounded to him by the honorable the Assembly, says, that he has read such answers and knows the contents thereof, and the statement and facts therein set forth are just and true, according to the best information and belief of this deponent ; and further saith °^*' ALVAH BEEBE. Sworn this 19th of February, ] 1833, before me, j S. Gheevek, Commissioner of Deeds. 108 Cases of Beeaches of Pbivilege of the House On motion of Mr. Bennett, further proceedings in the matter rela- ting to the alleged contempt and breach of privilege of this House by the said Alvah Beebe were suspended until to-morrow at twelve o'clock. Assembly Journal, 1833, pages 328, 329, 330 and 331. February 20, 1833. On motion of Mr. Spencer, Resolved, That upon Alvah Beebe being brought to the bar of this House, this day, the Speaker do inquire of him whether he has any- thing further to offer to this House on the subject of his alleged con- tempt and breach of the privileges of this House. A communication from Alvah Beebe was received and read in the words following, to wit : Albany, February 20, 1838. The Hon. Chaeles L. Livingston, Speaker of the Assembly : Sir. — ^Inclosed is a communication to the honorable the Assem- bly, which I beg you to do me the favor to lay before that honorable body. "With great respect, I am, sir, your obedient servant, ALYAH BEEBE. To the Honorahle the Assemhly of the State of New York : Gentlemen. — Being brought before your honorable body to answer for an alleged contempt and breach of privilege, I respectfully soUcit the privilege of being heard before your honorable body by counsel. I am, gentlemen, with great deference and respect, Your obedient servant, ALVAH BEEBE. Albany, Fehruary 20, 1833. On motion of Mr. Spencer, Ordered, That permission be granted to the said Alvah Beebe to be heard by counsel. Thereupon the said Alvah Beebe was brought to the bar of the House, and having been heard, by Abijah Mann, Jr., his counsel, Mr. Burwell offered for the consideration of the House a resolution in the words following, to wit : Resolved, That Alvah Beebe has been guilty of a contempt, and a breach of the privileges of this House, and that he be brought to the IN THE Assembly of the State of New Yoek. 109 bar of this House at twelve o'clock to-morrow, and there publicly reprimanded by the Speaker in the presence of the House. In proceeding upon the same, Mr. "W. M. Patterson made a motion, that the House should agree to amend the said resolution by striking out all the same after the word " Eesolved," and inserting the fol- lowing : "That the answer of Alvah Beebe to the interrogatories pro- pounded to him by this House, on the subject of his letter to Gene- ral De Mott, and the explanation of said answer by his counsel, be deemed satisfactory to this House ; and that, therefore, the Speaker admonish the said Alvah Beebe against any such ' indiscretion in future, and that he be discharged." And then the House adjourned until eleven o'clock to-morrow morning. Assembly Journal, 1833, pages 239, 240. February 21st, 1833. The House then proceeded to the consideration of the resolution offered by Mr. Burwell, and the amendment thereto offered by Mr. W. M. Patterson, as entered on the journal of yesterday; and in proceeding upon the same, Mr. Myers made a motion that the HouBe should agree to amend the amendment by striking out all of the same after the word " that," and inserting the following : " Alvah Beebe, in writing the memorandum addressed to John De Mott, Esq., a member of this House, was guilty of a highly censura- ble interference with the privileges of this House ; but that from the answer of the said Alvah Beebe, as verbally explained by his counsel, this House is satisfied that the said censurable act of the said Alvah Beebe, was the offipring of thoughtless indiscretion and inconsider- ateness, imaccompanied by any real intention of committing an offense. Therefore, " Resolved, That with the above censure of this House upon the conduct of the said Alvah Beebe, the said Alvah Beebe be discharged." Debates were had upon the said motion of Mr. Myers, and the question being put whether the House would agree thereto, it was determined in the negative. * Nays, 69, Ayes, 34. Mr. Wager made a motion that the House should agree to amend the said amendment by striking out all of the same after the word " That," and inserting the following : " Alvah Beebe be acquitted of the contempt with which he stands 110 Cases of Beeaches of Peivilege of the House cliarged at the bar of this House, and that he be immediately dis- charged out of the custody of the sergeant-at-arms." And the question on the same being divided, the first clause thereof was read in the words following : " Alvah Beebe be acquitted of the contempt with which he stands charged at the bar of this House." Debates were had thereon, and the question being put whether the House would agree to the said clause, it was determined in the nega- tive. Nays, 90. Ayes, 11. Thereupon Mr. Speaker put the question whether the House would agree to the remaining clause of the said amendment oflFered by Mr. Wager, and it was determined in the negative. Thereupon the amendment offered by Mr. Patterson was again read, in the words following, to wit : Resolved, That the answer of Alvah Beebe to the interrogatories propounded to him by this House, on the subject of his letter to Gen- eral De Mott, and the explanation of the said answer by his counsel, be deemed satisfactory to this House, and that therefore the Speaker admonish the said Alvah Beebe against any such indiscretion in future, and that he be discharged. Debates were had thereon, and the question being put whether the House would agree thereto, it was determined in the negative. Nays, 75. Ayes, 24. Alvah Beebe fottnb Guilty, and Publicly Eepeimanded by the Sfeakeb. The resolution offered by Mr. Burwell being amended, was read, in the words following, to wit : Resolved, That Alvah Beebe has been guilty of a contempt and a breach of the prwileges of this Hovse, and that ho be immediately brought to the bar of this House and publicly reprimanded by the Speaker in the presence of the House. Thereupon, the said Alvah Beebe was brought to the bar of the House by the sergeant-at-arms, and the Speaker, addressing the accused, pronounced the following reprimand : The resolution just read, clearly indicates the opinion of the House, of your conduct as the author of a letter addressed to one of its members, offering improper inducements to support an application pending before the Legislature. Tour own admission establishes the fact that you were the writer of such letter. The offense committed IN THE Assembly of the State of New Yoek. Ill by you is one of no ordinary character, for which the statute imposes the heaviest penalties. Any attempt to corrupt the integrity of the members of this House, or to destroy the purity of legislation, deserves not only the severest reprehension, but the infliction of exemplary punishment. There are some circumstances calculated to palliate your offense; these are your youth and inexperience. To these^ joined to your disclaimer of all wicked or corrupt intention, may be attributed the mildness of the decision of the House, which it is my duty to pronounce. In obedience to its order, I do therefore reprimand you for your conduct, and trust that this public admoni- tion may prove a salutary lesson to yourself and serve as a warning example to all others. Assembly Journal, 1833, pages 34A, 345, 346, 347, 348. Attoenet-Genebal oedered to defend suit of Alvah Beebe against Honorable Ohaeles L. Livingston, Speakee, etc. Assembly Chambee, March 14th, 1833. On motion of Mr. Morris, Sesol/ved, That the Attorney-General is hereby directed to defend the suit instituted by Alvah Beebe against the Honorable Charles L. Livingston, Speaker of this House, for having, in pursuance of an order of this House, issued a warrant against said Beebe. Assembly Journal, 1833, page 485. In the Matter of the Breach of Privilege of John A. Dayton. Charge of Coeeuptton eelative to Brooklyn Assessment Bill. Assembly .Chambee, Ma/rch &th, 1858. Mr. Dayton rose to a question of privilege, and in reference thereto, moved that the resolution adopted yesterday, relative to the matter of corruption charged in the passage of the Brooklyn assessment act, be amended so as to read as follows : BesoUed, That a committee of five be appointed to investigate the statement made by Mr. Dayton, upon information of corruption in this House, in relation to the bill applicable to assessments in the city of Brooklyn. That said committee have power to send for persons and papers, and be authorized to act with any committee of the Senate authorized to make a similar investigation,;and that such com- 112 Cases of Breaches of PBivn,EGE of the House mittee report the result of such investigation to the House witli all convenient speed. Mr. Speaker put the question whether the House would agee to said resolution, and it was determined in the aflBrmative. Assembly Journal, 1858, page 400. Assembly Chamber, March \^th, 1858. Mr. Dayton rose to a question of privilege, which he stated, and in reference thereto, the following preamble and resolution : Whereas, A preamble and resolution was offered in the Senate of this State by the Senator from the third district, asking for the appointment of a committee of investigation into the charges alleged to have been made by Mr. John A. Dayton, a member of Assembly from the county of Kings, and which said committee was so appointed on the part of the Senate; and, whereas, charges alleged to have been so made by Mr. Dayton, are stated in the preamble to said resolution, to have been made direct and, as matter of fact, by him and not upon information ; and, whereas, the statement made by Mr. Dayton was upon information, and not as a matter of fact within his own know- ledge ; and, whereas, a committee of investigation has been appointed by this House to investigate said charge, and report to this House thereupon. Therefore, Resolved, That the committee of this House already appointed to inquire into said charges, be also instructed to inquire and report to this House, whether said John A. Dayton did or did not make the charges mentioned as stated in said preamble to said resolution as therein stated, and that for that purpose said committee have power to send for persons and papers. Mr. Speaker put the question whether the House would agree to said resolution, and it was determined in the aflSrmative. Assembly Journal, 1858, page 464. Me. Dayton Exonerated. Assembly Chamber, Ma/rch 24, 1858. Mr. Osgood, from the select committee to which was referred the following resolution : Resolved, That a committee of five be appointed to investigate the statement of Mr. Dayton, upon ibformation of corruption in this House, in relation to the biU applicable to assessments in the city of Brooklyn ; that said committee have power to send for persons and papers, and be authorized to make a similar investigation ; reported m THE ASSEIIBLT OF THE StATE OF NeW YoEK. 113 that they had investigated tlie same and had arrived at the conclusion, that there vras no reasonable gl-ound for the belief that money or other improper inducements were offered to effect the passage of said bill, and concluded that there was no reasonable foundation for them, and ask to be discharged from its further consideration, which report was agreed to. Assembly Journal, 1858, page 638. Report of the OoMMrrTEB Appointed to Investigate the State- ment MADE BY Me. Dayton, upon Information of Coeeuption m THIS HoDSE, IN Kelation to the Bill Applicable to Assess- ments IN THE City of Brooklyn. To the Honorable the Assembly : Your committee appointed in pursuance of the following resolution, on motion of Mr. Duryea, Resolved, That a committee of live be appointed to investigate the statement made by Mr. Dayton, upon information of corruption in this House, in relation to the bill applicable to assessment's in the city of Brooklyn ; that said committee have power to send for persons and papers, and be authorized to act with any committee of the Senate authorized to make a similar investigation, and that such committee report the result of such investigation to the House with all conve- nient speed, beg leave to report, that they have investigated to ascer- tain the source of said information, and have come to the conclusion, after due deliberation and ex9,mination, and there is no reasonable ground for the belief that money or other improper inducements were offered to effect the passage of the bill ; your committee are satisfied that such rumors were current, but cannot trace them to any reliable, source, and therefore conclude that there was no foundation for them ; your committee now respectfully ask to be discharged. All of which is respectfully submitted. J. C. OSGOOD, Ghairman. Assembly Documents, 1858, No. 114. Eepoet of Commitiee as to Alleged Chaeges of John A. Dayton. Mr. Oso-ood, from the same committee to which w:as referred the following resolution : Resolved, That the committee of this House, already appointed to inquire into said charges, be also instructed to inquire and report to 114 Cases of Beeaches of Peivilege of the House this House, whether said John A. Dayton did or did not make the charge mentioned as stated in said resolution as therein stated, and that said committee have power to send for persons and papers reported, that after investigating the same, had come to the conchi- sion, that the charges so-called was a statement made by Mr. Dayton upon information and not a matter of fact, and asked to he discharged from its further consideration, which report was agreed to. Assembly Journal, 1858, page 638. Report of the Committee ApporaTED by REsoLtrrioN to Investi- gate THE Charges Alleged to have been made bt Hon. Johk A. Dayton. To the Sonorable the Assembly : Your committee of five, appointed under the following resolution: Resolved, That a committee of five be appointed to investigate the statement made by Mr. Dayton, upon information of corruption in this House, in relation to the bill applicable to assessments in the city of Brooklyn. And also instructed under the following of March 10th : On motion of Mr. Dayton, Whereas, A preamble and resolution was ofiered in the Senate of this State by the senator from the third district, asking the appoint- ment of a committee of investigation into the charges alleged to have been made by Mr. John A. Dayton, a member of Assembly from the county of Kings, and which said committee was so appointed on the part of ihe Senate, and Whereas, The charges alleged to have been so made by Mr. Day- ton are stated in the preamble to said resolution to have been made direct and as matters of fact by him, and not upon information ; and, Whereas, The statement made by Mr. Dayton was upon informa- tion and not as a matter of fact within his own knowledge ; and, Whereas, A committee of investigation has been appointed by the House to investigate said charge and report to this House there- upon; therefore, Resolved, That the committee of this House already appointed to investigate into said charges be also instructed to inquire and report to this House whether said John A. Dayton did or did not make the charges mentioned as stated in said preamble to said resolution as therein stated ; and that said committee have power to send for per- sons and papers ; beg leave to report that they have carefully investi- gated the same, and come to the conclusion that the charge so called IN THE Assembly of the State of New Yoek. 115 -was a statement made upon information, and not a matter of fact, by Mr. Dayton in his place in debate in words as follows : " I (Mr. Dayton) have been informed by a respectable member of this House, and were he in his place I would name him, that $10,000 was to be used in the passage of this (Brooklyn assessment) bill ; that another man told me (Mr. Dayton) when coming up in the cars on Monday, that a certain Senator was to have $5,000 for the passage of the bill, and personally I believe it, though perhaps not to the extent of $10,000. Your committee now respectfully ask to be discharged. All of which is respectfully submitted. J. C. OSGOOD, Chairman. Assembly Documents, 1858, No. 115. Assembly Journal, 1858, page 638. In the Matter of the Breach of Privilege of Jay Oibhons, Chaeged with having- Solicited a Oonsideeation foe Suppoet OF Bill Relative to Assistant Disteict A^itoeney, Albany County. Assembly Chambee, February 19^A, 1861. Mr. Gibbons rose to a question of privilege, relative to the charge of having corruptly solicited a consideration for his official action in regard to a bill now pending before the Assembly, and offered the following preamble and resolution : Whereas, Jay Gibbons, the member of this house from the first Assembly district of the county of Albany, is charged with having corruptly solicited a consideration for his official action in regard to a bill now pending before this House to increase the salary of the assist- ant district attorney of the county of Albany ; therefore. Resolved, That a select committee of five be appointed to investi- gate said charge, and report the facts to this House, with their conclu- sions thereon. Also, that said committee have power tp send for ~ persons and papers, and to employ a clerk. Mr. Fish moved to amend the resolution by adding after the word " charge " the words, " so far ais it relates to any member of the House." 116 Oases of Beeaches of Pbitilege of the House Mr. Speaker put the question whether the House would agree ta said amendment, and it was determined in the affirmative. Mr. Speaker put the question whether the House -wjould agree to said resolution as amended, and it was determined in the affirmative. Assembly Journal, 1861, page 349. Committee Appointed. February 19, 1861. The Speaker announced the following select committee to investi- gate the charges of corruption against the Hon. Jay Gibhons, mem- ber of Assembly from the first Assembly district of Albany county, to wit : Messrs. Bingham, Tuthill, Eeman, Hutchins and Taber. Assembly Journal, 1861, page 352. Assembly Chambeb, March 20, 1861. Eepoet of the Select Committee Appointed to Investigate the Chaegb against Jay Gibbons, Membee feom the Fiest Assem- bly Disteict of Albany County. Mr. Keman, from the select committee appointed to investigate the charge against Jay Gibbons, a member of this House from the first Assembly district of the county of Albany, respectfully reports, that on the 15th of January last a bill to increase the salary of the assistant district attorney of Albany county to fifteen hundred dol- lars per annum was introduced into the Assembly, and referred to a committee consisting of Messrs. Benedict, Lansing, "Wheeler and Gibbons, the members from that county. On the 28th of the same month this committee, by a report signed by each of its members, reported the bill to the House, and recommended its passage, and the same was referred to the committee of the whole House for con- sideration. Monday, the lYth of February, Mr. Gibbons was aiTcsted on a complaint made by the district attorney of the county of Albany, charging him with soliciting a bribe for his official action in reference to this bill, and on the next day, on the application of Mr. Gibbons, the Assembly adopted the preamble and resolution under which your committee was appointed, which are as follows : Whereas, Jay Gibbons, the member of this House from the first Assembly district of the county of Albany, is charged with having corruptly solicited a consideration for his official action in regard to a bill now pending before this House to increase the salary of the assistant district attorney of the county of Albany ; therefore, IN THE Assembly of the State of New Yoek. 117 Sesol/oed, That a select committee of five be appointed to investi- gate said charge so far as it relates to any member of this House, and report the facts to this House with their conclusions thereon. And that said committee have power to send for persons and papers, and to employ a clerk. All the persons whom your committee have reason to believe could give any information on the subject mentioned in the resolution, have been examined on oath before the committee, and their evidence reduced in writing, which evidence the committee herewith lay before the House. In the judgment of the committee, this evidence establishes that a proposition was made that Mr. Gibbons should receive, as a considera- tion or inducement for his official vote and influence in favor of the passage of said bill by the Assembly, the sum of one hundred dollars, fifty dollars immediately, and the further sum of fifty dollars when the bill passed the House, and that he entertained such pro- position and negotiated in reference to it during two or three days. The evidence is contradictory as to whether this proposition was first made by Mr. Gibbons to the assistant district attorney, or by the latter to the former, and the committee have not deemed it necessary or important that they should come to a conclusion or express any opinion upon this point. By the statute on this subject, the public ofiicer who entertains any negotiation or proposition for any gift, thing of value or advantage, as a consideration or motive for his ofiicial vote, action or influence, is guilty of the same ofiense, and sub- ject to the like punishment as the ofiicer who solicits, proposes or demands the receipt of such gift or value, as a consideration for his official vote or action (3 Revised Statutes, 5 ed., p. 962, § 10) ; and in reference to the character of this House and its action, it is not important in the opinion of the committee to distinguish between the misconduct and guilt of the public officer who solicits a bribe, and one who favorably entertains a proposition to bribe him made to him by another. There is no evidence implicating any member of the House in the transaction. The conclusion of the committee is that Mr. Gibbons has been guilty of misconduct, rendering him unworthy of a seat in this Assembly, and they therefore recommend the adoption, by the House, of the following resolution : BesoUed, That Jay Gibbons, the member from the first Assembly district of the county of Albany, has been guilty df official miscon- 118 Cases of Breaches of Pkivilege of the House duct, rendering Mm unworthy of a seat in this House, and that he be and hereby is expelled. All of which is respectfully submitted. ANSON BINGHAM. F. KEENAN. EOBEET 0. HUTCHINGS. STEPHEN TABEE. Albany, March, 20t/i, 1861. Assembly Document, 1861, No. 104. See Assembly Document, 1861, No. lOi for testimony. The question being on the adoption of the resolution, Mr. Merrit moved to lay the same on the table. Mr. Speaker put the question whether the House would agree to said motion, and it was determined in the negative. Debate was had thereon, when Mr. Kernan moved that the report without the evidence be laid on the table and printed. Mr. Benedict moved that the report and evidence be printed. Mr. Speaker put the question whether the House would agree to said motion, and it was determined in the affirmative. The question then being upon the adoption of the resolution, Mr. Finch moved to lay the same on the table. Mr. Speaker put the question whether the House would agree to said motion, and it was determined in the affirmative. Assembly Journal, 1861, page 601. Assembly, Ma/rch 22d, 1861. Mr. Bingham oifered for the consideration of the House a resolution in the words following, to wit : Hesolved, That the report of the select committee in the case of Jay Gibbons, member of Assembly from Albany county, be made the special order for Friday evening next at half past seven o'clock, and that Mr. Gibbons may be then heard by counsel at the bar of the House. Mr. Speaker then put the question whether the House would agree to said resolution, and it was determined in the affirmative. Assembly Journal, 1861, pages 665, 666. Assembly Chamber, March 29 State of New York : ) In Assembly, Albany, March 11, 1863. j Whereas, Certain resolutions were passed by this House on the fifth day of February, 1863, to the effect that the House would elect a committee to investigate any specific charges that might be made, by any member, against the official conduct of the Hon. T. 0. Callicot, as a member of this Assembly ; and Whereas, The Hon. T. C. Fields has presented charges with speci- fications against said member ; therefore, Jiesolved, That a committee of five be appointed by the House to 140 Cases of Beeaciies of Pkivilege of the House investigate all the charges made against tlie said T. C. Callicot, as such member, so far as such charges and specifications are in conformity to the resolutions aforesaid, and the action of the House in relation thereto ; and that said committee have power to send for persons and papers, and that they report to this House the evidence taken by them, with their conclusions thereon. Eesohed, That said committee consist of Messrs. Prindle, of Che- nango ; S. Smith, of Putnam ; P. E. Havens, of Essex; Lake, of Chau- tauqua, and Weaver, of Oneida. Resolved, That said committee be an open committee. By order. J. B. CUSHMAN, Clerk. The select committee, appointed to investigate the charges against T. 0. Callicot, member of Assembly from the fifth district of Kings county, respectfully reports to the Plouse the evidence taken and the proceedings had before the committee. The evidence taken, in the opinion of the committee, establishes the following facts : That Mr. Callicot first becanie a candidate for Speaker of this House, and was voted for as such on the sixteenth day of January, 1863; that on Saturday', the seventeenth day of the same month, the Assem- bly took a recess without having elected a Speaker, and that during that recess, and on Monday, the nineteenth of said month, Mr. Thomas •Hope, of Brooklyn, the son-in-law and agent of Mrs. Mary A. Wood, also of Brooklyn, called upon Mr. Callicot, at his room in Congress Hall, in Albany, for the purpose of obtaining payment of a debt of twelve hundred dollars which Mr. Callicot then owed Mrs. Wood. That Mr. Hope threatened to use a certain document against him, which he had in his pocket, addressed to Hon. T. C. Fields, the char- acter or nature of which he did not state to him, unless he settled the claim that day, and Mr. Callicot finally promised to telegraph to him at New York next day in relation to the matter ; that Mr. Callicot then sought the legal advice of Eeynolds, Cochrane and Harris, a law firm of the city of Albany, and Mr. Hamilton Harris, one of the mem- bers of the firm, called upon Mr. Callicot on the afternoon of the same day, the nineteenth of January, at his room in Congress Hall. That Mr. Callicot then stated to him his circumstances, in relation to the claim of Mrs. Wood, and the threat that had been made, and Mr. Harris advised him that he had better pay the demand, Mr. Callicot saying that he thought he could borrow the money of his landlord or other friends ; that on the following day Mr. Harris again called upon IN THE Assembly of the State of New Yoke. 141 Mr. Callicot, and upon learning that Mr. Callicot had not been able to borrow the money, offered to loan him twelve hundred dollars to pay the demand, and Mr. Callicot accepted the offer, and telegraphed to Mr. Hope to come up ; that Mr. Hope came up immediately, and remained all night at Congress Hall ; and on the following morning, the morning of the twenty-first, Mr. Harris called upon Mr. Callicot, and loaned him one thousand two hundred dollars, in pursuance of the offer made on the previous day, and took his note on demand for that amount, and that Mr. Callicot immediately thereafter paid Mr. Hope the claim of Mrs. "Wood. That there was nothing said at either of the interviews between Mr. Harris and Mr. Callicot, by either of them, in relation to the official influence, action or votes ot Mr. Callicot, as a member of Assembly or Speaker, or in any manner whatever ; that neither before, nor after, nor at the time of any inter view or interviews, between Mr. Callicot and Mr. Harris, was there any argument, arrangement or Tindei'standing, express or implied, the money was paid to Mr. Callicot as a consideration or motive for his official action, influence or votes as Speaker, member of Assem- bly, or any other manner ; or that he should become the candidate or nominee of any party or parties, he having been nominated and voted for, for Speaker, several days previous to Mr. Hope's coming to Albany to obtain the claim of twelve hundred dollars, which Mr. Callicot borrowed the money to pay. Ira Shafer, Esq., of Albany, appeared before the committee &s counsel, and conducted the prosecution, and Hon. Lyman Tremam and Hon. C. B. Cochran, appeared before the committee as the coun- sel of Mr. Callicot, and conducted the defense. Previous to the tak- ing of any testimony, Mr. Tremain, as counsel for the defense, objected to any investigation of matters alleged to have transpired prior to the election of Mr. Callicot as a member of the present Assembly and moved for a decision of the committee upon the validity of the objection. After hearing the arguments of counsel upon the ques- tion, the committee were of the opinion that the resolution appoint- ing them limited their powers to the investigation of the official acts of Mr. Callicot, as a member of this Legislature ; and that the investi- gation should extend as far back as the date of his election, and so decided. During the course of the investigation, the counsel for Mr. Callicot also objected to charge 8th, and the 5th, 6th, 7th and 8th specifications of charge 6th, and moved that all evidence relating to them be excluded, on the grounds stated in the written motion here- with transmitted to the House. The committee, after hearing the 142 Cases of Beeaches of Peivilege of the House arguments of the respective counsel upon the motion, were of the opinion that charge 8th, being simply " bribery and corruption, as a member of this Assembly," was not in any sense "specific," and con- sequently not within the resolution appointing them and that specifi- cations 5th, 6th, Yth and 8th, of charge 6th, did not contain or express any charge against Mr. Callicott, of " corrupt or criminal conduct in his official character." The committee were of the opinion that it is not corrupt or criminal for a member of Assembly to accept and take a nomination for the office of Speaker of this House, with an agree- ment and understanding that his vote, influence and action should be given upon the question of the election of United States Senator in accordance with the law of the land and his sworn dut}^ as a member of the Legislature, or that his vote, influence and action should be given upon any other question, in accordance with his duty, and it is not alleged in either of the specifications mentioned, that there was any understanding or agreement by which they were to be given otherwise ; nor are there any allegations that tjiey ever were given otherwise. The person or persons with whom the agreement was made were not stated in the so-called specifications, nor was it alleged for whom or for what it was agreed that his vote should be given, except that in the 6th specification there was an allegation tliat his vote and action were to be influenced upon the question of the election of a United States Senator, and in the 7th specification, upon all ques- tions relating to the election of the elective officers of the Assembly, so that, in the opinion of the committee, if they had heard evidence under these pretended specifications, they would have departed from the instructions given them, which required the charges to be specific, and would have been groping in the dark in search of corrupt and criminal conduct not charged. For these reasons, the committee decided to hear no evidence under those specifications. It will appear by the proceedings had before the committee, herewith laid before the House, that various ofiers were made by the counsel for the prosecu- tion to prove the acts and declarations of various third persobs, with- out in any manner connecting Mr. Callicot therewith. The com- mittee deemed it their duty, in the consideration of questions relating to the admissibility of testimony, to regard Mr. Callicot as on trial for the commission of a crime, and to be governed by the rules of evidence applicable to all judicial proceedings ; they knew of no other guide by which to receive or exclude evidence, and they believe they have decided the questions of evidence raised in accordance with well settled elementary principles of law. It must be evident to every one that IN THE Assembly of the State oe New Yoek. 143 the declarations and acts of otliers should not be given in evidence against a person, unless he was present, or in some way assented to them, or authorized them, for were it otherwise, there might be no end to the testimony, and the innocent might be quite as likely to be con- victed as the guilty. It would be a hard rule, indeed, that would allow a person to perform acts and make declarations to be used in evidence against a defendant who had no control over the person making the declarations or performing the acts ; who had no know ledge of them, and who had in no manner authorized or assented to them. It will be seen that no evidence was given, or offered to be given, showing that Mr. Callicot authorized, assented to, had any knowledge of, or was in any way or manner connected with the acts or declarations of other parties ruled out by the committee ; and the committee were unable to satisfy themselves that any reason existed in this case for disregarding plain and well settled rules of evidence. The committee have heard all proper evidence offered to show that Mr. Callicot has been guilty of corrupt or criminal conduct in his ofiScial character as a member of this Legislature, or since his election, and have come to the conclusion that he is entirely innocent. E. H. PEINDLE. HENRY C. LAKE. P. E. HAVEN'S. It was agreed by the counsel for the prosecution and assented to by ' the counsel for the defense that offers of proof in writing as follows should be made and ruled upon by the committee the same as if the witnesses were produced : The said Theophilus C. Callicot attemjjted to commit the crime of bribery by soliciting money as a gift for his vote while a member of the House of Assembly in the year 1860 ; that while said Callicot was a member of the House of Assembly, in the year 1860, there had been introduced into and was then pending in the Assembly a bill entitled " An act to amend section 140, of chapter 1, title 2, of the Eevised Statutes, entitled ' Of alienation by Deed;'" that one Walter S. Church, of the city of Albany, was sup- posed by said Callicot to have a large pecuniary interest which would be seriously impaired by the passage of such bill ; that said Callicot gave the said Mr. Church to understand that he believed such bill to be wrong in principle, and that it ought to be defeated ; and that said Callicot did, as a member of the judiciary committee, on the twenty- seventh day of February, 1860, make a minority report against such bill, and did state therein at length his reasons in opposition thereto, Irti Cases of Beeaches of Pkivilegb of the House as will more fully appear by Assembly document No. 98 of that year, reference being made thereto as a part of these offers ; that said bill came up in the Assembly on the twenty-ninth day of March, 1860, when a motion was made to re"-commit it to the committee on the judiciary, with instructions to amend it ; and that such motion was lost by a vote — ayes, fifty-four; noes, fifty-four — said Callicot voting in the affirmative ; that such bill was then put upon the final passage, and was lost by a vote — ayes, fifty-four ; noes, fifty-eight— said Calhcot voting in the negative, and against the passage of the bill ; and that a motion was then made and agreed to by the House to reconsider the vote on the final passage ; and that such motion lay upon the table ; that on the fifth day of April, 1860, Mr. Bingham, having charge of the bill, called up the motion to reconsider, and it was carried by a vote — ayes, seventy-one ; noes, twenty-five — said Callicot voting in the negative ; that a resolution being then offered to amend said bill, it was determined in the negative by a vote — ayes forty-one, noes sixty- six — said Callicot voting in the affirmative ; and that such bill being then put on its final passage, it was passed by a vote — ayes, seventy- four; noes, thirty-four— said Callicot voting in the affirmative; that, shortly after making and presenting his report in opposition to the passage of such bill, the said Theophilus C. Callicot wrote and sent to the said Walter S. Church a letter, in the words following : Congress PIall, March 5. Dear Sie. — Will you do me the favor to lend me your check for $100 for a few days ? An unexpected draft has been made on me to be paid to-day, and I shall have to send home for the money. Please send by bearer, and much oblige, Yours truly, T. C. CALLICOT. That such sum of $100 was sought under pretense of a loan, but was intended by the said Callicot to be received by him as a gift and bribe to influence his vote and action upon the bill before referred to, and then pending in said House of Assembly ; and that the pretense stated in such letter, " that an unexpected draft had been made upon said Callicot to be paid that day," was a fraud and falsehood ; that failing to obtain said sum of $100," the said Callicot afterward increased his demand upon the said Walter S. Church to the sum of $160 ; and that failing also to extort this sum, he voted in favor of the final passage of the bill, which he had both reported and voted IN THE Assembly of the State of New York. 145 against, as an act of revenge for not obtaining the bribe he solicited ; that in proposing to receive from the said Walter S. Church, first the sum of $100, and afterward the sum of $150, it was the object and intent of the said Theophilus C. Callicot to receive such sum of money as a consideration or motive for his official vote and action, in resist- ing the passage of the bill before referred to ; that the said Theophilus C. Callicot, at1;er obtaining the Democratic nomination as a candidate for member of Assembly, for the 5th Assembly district, in the coimty of Kings, and while running as such candidate, did make appli- cation to a resident of the city of Brooklyn and president of a horse railroad company in that city, for money as a gift ; that as an inducement for said president to advance and give him a sum of money, the said Callicot agreed that, in case he was elected to the Assembly, he would so vote and conduct himself as a meniber therein as to advance the interests of said railroad company, and would promote by his vote and action such measures as might come before this legislature, and in which said railroad company might have any interest ; that the said Theophilus C. Callicot did obtain and receive the sum of two hundred dollars in money from the said president, and that he, the said Callicot, received the same as a consideration or motive for his official vote, action and influence, in case he should be elected a member of this Assembly; that said Callicot did take and receive during said session of 1860, or imme- diately after the close thereof, the sum of two hundred and fifty dol- lars for a vote cast and given by him in favor of the passage of a bill before said Legislature ; that the said Theophilus C. Callicot, since the 5th day of January, of 1863, has been guilty of corrupt and criminal conduct, so as to render him unworthy of a seat upon the floor of the House ; that the said Theophilus C. Callicot, in the month of January, 1863, and after he had qualified and taken a seat as a mem- ber of the House, did accept and take a nomination for the office of Speaker of the House (the same being a position of individual advantage to himself) as the candidate of the republican union party, as a consideration and motive for his official vote, influence and action as such member of Assembly ; that the said Theophilus C. Callicot, in the month of January, 1863, and after he had qualified and taken liis seat as such member, did accept from the republican union party, on the floor of this House, a nomination and election to the office of Speaker to this Assembly (the same being a position of profit and advantage to him, the said Theophilus C. Callicot), under an agree- ment and understanding that his vote and influence and action, as 10 146 Oases of Beeaches of Peivilege of the House such member of Assembly, should be influenced thereby upon the ^[uestion of the election of a United States Senator for the State of New York to the Congress of the United States. That he, the said Theophilus C. Callicot, in the month of January, 1863, and after he had qualified and taken his seat as a member of this House, did accept from the republican union party, on the floor of this House, a nomi- nation and election to the office of Speaker thereof (the same being a position of profit and advantage to him, the said Theophilus C. Cal- licot), under an agreement and understanding that his votes, influence and action, as such member, should be influenced thereby upon all questions relating to the election of elective officers of this Assembly. That the said Theophilus 0. Callicot, in the month of January, 1863, and after he had qualified and taken his seat as such member, did accept and obtain from the republican union party of this House, a nomination and election by their votes to the oflice of Speaker thereof (the same being an office of individual advantage to him, the said Theophilus C. Callicot), as a consideration and motive for the official votes and action of him, the said Theophilus C. Callicot, as such member. That the said Callicot was guilty of bribery and cor- ruption as a member of the Assembly in the year 1860. [The evidence embraced in the foregoing was objected to as inad- missible within the previous rulings of the committee ; objection sus- tained. Mr. Smith and Mr. Weaver dissenting, except as to proof of charges referring to alleged official misconduct previous to the pre- sent session.] Aegumbnt of Counsel on the Admissibility of Peoofs Offered BY THE PeOSEOUTION. The counsel for the prosecution (Mr. Shafer) having offered to prove that on the morning of the twenty-first of January last Mr. Harris (the witness) saw Senator Low, the chairman of the republican union State central committee, and said to him that Mr. Callicot desired the sum of $1,200 as a condition upon which he would act with the republican members of the House in the organization of the House, as a condition upon which he would allow the republicans to elect a United States Senator, as a condition upon which he would, if elected Speaker, use the influence he had in electing republicans as officers of the Assembly ; and that he (Mr. Harris) thought that the party had better raise the money ; that he (Harris) had consulted with the most prominent republicans then in Albany and they thought the money should be raised ; that he had consulted with many prominent IN THE Assembly of the State of New Yoek. 147 members of the republican party in the Honse, and that they were of the same opinion, and with republican senators in the Senate of this State, and they were of the opinion that the party should raise the money, and that Low assented, drew his draft as the chairman of the repiiblicau union State central committee upon the treasurer of the said committee, Mr. Isaac Sherman of ISTew York, for $1,200, paya- ble at sight, and delivered it to Mr. Harris with instructions to raise the money and consummate the bargain. He offered to prove each of these fact^ separately. The counsel for the defendant stated the willingness of the defend- ant to allow any testimony in relation to his acts or any act of whicli he (the defendant) had any knowledge, and for which he was responsi- ble and which he had procured, and was willing to allow any evidence of what transpired in the interview or interviews between himself and Mr. Harris, at any time. But he objected to any evidence in relation to what transpired when he (the defendant) was not present, and between other persons than himself, without his knowledge or aiithor- ity or that was not communicated to him and for which he was in no manner resposible. Mr. Cochran, in stating his objection, said : I will state to the committee the ground of objection on the part of the defendant to this evidence being received. If the committee please, while I have the highest respect for every member of the com- mittee, I state as the result of my own deliberate and cool convic- tion (because I do not think I have any feeling in this case), that the proposition contended for by the other side is so monstrous in itself that under ordinary circumstances it would strike every mind in that light. It is proposed to prove transactions between third persons with which Mr. Callicot had no connection and of which he had no knowledge, with a view of establishing his guilt, under the charges that are preferred here. JSTow no party is ever guilty of a crime or an offense unless the heart and conscience are in it. No man can be guilty of fraud unless he is conscious of the elements that make and constitute that fraud. But the proposition for which the other side contend, utterly destroys the foundations upon which innocence and rights ar^ supported and upheld. They propose to prove, not that Mr. Callicot knew where or from whom the loan of money came, but to prove, without his knowledge of the fact and consent to the trans- action, where the money was obtained. Let me put a case to you and upon that I desire the conscientious judgment of each member of your committee, and I will appeal by and by to the prosecutor and 148 Cases of Beiiaches of Peivilege of the House ask of him his judgment also. Suppose that Mr. Smith, a member of this committee, desired a loan of $1,000, and he comes to me to procure it ; and I, instead of going to a concern where tliey deal in genuine money, go to a place where spurious money is manufactured, and get of that concern $1,000 in this spurious money, so well exe- cuted as that when I take the money to Mr. Smith he has not the slightest suspicion that it is not genuine. I have made a loan on his authority. I take to him the $1,000 in counterfeit money and he receives it from me. He offers one of the bills for some purchases which he desires to make, and is detected on the instant, and is arrested, and $1,000 of the counterfeit money is found upon liis person. Mr. Smith is indicted on the charge of attempting to pass counterfeit money, and is brought to trial. I am placed upon the stand, and by me the prosecution offers to show that I knew that the money was bogus, with a view to prove that Mr. Smith was guiltj of the crime alleged against him. "Would you, gentlemen, as judges on the bench, accept that testimony in that light ? It might be good testimony against me, but certainly it would be nothing against Mr. Smith. Again, Mr. T. C. Fields, a member of this House, has had in ' his pocket since he has been a member of this Legislature, in common with nearly all the members of this House, free passes on the Hudson river railroad. Now my friend, the counsel on the other side, says, that there is a statute which provides that any man, a member of this Legislature, who receives or offers to receive or accept anything from anybody for the purpose of affecting his official action, present or pro- spective, as a member of the Legislature, is guilty of bribery under the law. If Mr. Fields received that ticket with the implied or express understanding or agreement that his official action was to be influenced in favor of the Hudson Eiver Railroad Company, he is amenable to justice. If, however, he received it as a mere matter of courtesy, preserving his own independence, which is a matter known to himself alone, he is not guilty of corruption, because a question of corruption is a question of intent. But Mr. T. C. Fields has the ticket, and railroad companies do not give tickets to every man of this community under all circumstances. Now, suppose an inquiry were progressing before a committee to investigate whether he has acted honestly or dishonestly in legislation affecting the Hudson river railroad, the question is whether in accepting that ticket, he intended to act perfectly independently, and received it as a mere matter of courtesy, or whether he received it in the other aspect ; and if the latter, he is guilty. Suppose that it should be offered to be proven m THE Assembly of the State op New Yoek. 149 that the dii-ectors of the Hudson Eiver Eailroad Company had assembled before the meeting of the Legislature, and had passed a resolution declaring that they were about to issue a ticket to Mr. Fields, for the purpose of bribing him to legislate in their behalf during this session, and that that resolution,' secretly passed, without the knowledge of Mr. Fields, was put upon the records of their com- pany ; and further, suppose that the fact was never communicated to him, will any gentleman contend that the proof of that action of the directors of the Hudson River Eailroad Company is to be admitted in evidence to show the guilt of Mr. T. C. Fields, and to prejudice him beforie a committee, without first' attempting to show that the inten- tion of the directors was brought home to his knowledge? The ques- tion is, what was Mr. Field's intention in accepting it? Did he intend to accept it as a reason for favoring the company in present or prospective legislation ? If the fact of the passing of the resolution was not communicated to him in any manner, certainly he cannot be punished because of the guilty intent of those whose pm-pose it was to bribe him, or to put him in a conciliatory state of mind, with a view of purchasing his vote or iniluencing his official action. If you were trying the railroad directors on the charge, that resolution would be pertinent evidence ; but you would say, if you were trying T. 0. Fields, that you would not allow him to be stamped with infamy by admitting such testimony as that. Would Mr. Fields not say that the committee had been packed, who would allow proof of that nature to be brought against him ? Mr. Fields. — I would say to them that I would allow it to be pro- duced. Mr. Cochran. — Yery good ; but would the gentleman allow it to be produced, and acknowledge that it was legitimate evidence to convict him of a corrupt intent ? Because, if the testimony is not intendec? to convict Callicot of a corrupt intent — if that is not the purpose- then it is irrelevunt for any purpose. Now I am willing that even fact and circumstance which is brought home to the knowledge of Mr Callicot, or of which he had any intimation, may be proved here ; bui as to transactions to which he was an utter stranger, it would be a gross outrage upon individual rights to admit them for a single moment as proof against him. It may be very pleasant for gentle- men engaged in political pursuits to understand and learn all that their adversaries have done. The feeling is quite natural, and it may be indulged in under certain circumstances ; but when, under the Constitution of your State, you are trying a fellow member for a crime, 150 Cases of Beeaches of Peitilege of the House let the rules of law be applied — let there be some spot on earth where a sense of justice will rise above party feeling. I confess that I have had party feeling in my day, but never to such a degree as would lift me above the safe and sound rules of judicial investigation. Kow what is the object of this testimony that is now offered? It is to show that Mr. Callicot was bribed by the republican party, through its organized agent, the chairman of the republican union State central committee. If. Mr. Callicot had known where the money came from, or had made any agreement in reference to it, then the evidence embraced in the offer is entirely competent as against him. Any agreement which he made, or any know- ledge which can be shown on his part of a corrupt pui-pose in the payment of the money, we will interpose no objection to. But we do object to all matters and things offered to be pi'oven, of ^vhich he had no knowledge, no intimation, or reason to suppose existed. To admit such testimony, would be the grossest injustice. I am bound, in fairness, to say that I have not any doubt at all in regard to Mr. Callicot's innocence in reference to this transaction. He is nothing more to me than he is to you, but I think I know enough about this to know that, so far as that transaction is concerned, he had no knowledge where the money came from, except that it came from Mr. Harris. And they propose, in the absence of such knowledge on his part, to prove that Mr. Harris received the money from the republican union State central committee. They claim that Mr. Harris made a negotiation for Mr. Callicot. In regard to that, I will say that, to anything Mr. Harris stated to Mr. Callicot, at any time, or any hint that he gave to him, we have no objection. But what we do object to, is proof of what Mr. Harris did without any knowledge or authority on the part of Mr. Callicot, or any intimation to him. Is there any clearer proposition than that ? Mr. Weaver. — I ask whether Mr. Harris was at that time acting, in any sense, as the agent of Mr. Callicot to negotiate the loan ? Mr. Cochran. — N'o, sir, in no way, except that he told Mr. Callicot that he would let him have the money ; that is all that he swears to. If he was, let the prosecution lay the foundation by showing that Mr. Callicot told him to go and get the money, and that on that request he borrowed it for him. In such case Mr. Harris would have been his agent for the purpose of borrowing money ; but even under that authority Mr. Harris is not an agent for the pui-pose of borroAving it from any particular person— from A, B, C, or D, or the cliairman of IN THE Assembly of the State of New Yoek. 151 the State committee. The case that I put illustrates that. Mr. Smith authorizes me to borrow one thousand dollars, and I have authority to borrow and procure it, but is there included in that authority to borrow money, an authority to borrow counterfeit money ? When I have borrowed the money and given it to him, is the fact of his having given me authority to bori-ow money for him proper evidence against him, if he were on trial for passing counter feit money ? Therefore, I say, in conclusion, that the proposition is so monstrous upon its face, that it must so strike everybody. There is not a political adversary that Mr. Callicot has in the world who ought not to stamp it as monstrous. It seems to me that there is no man on this committee, or present on this occasion, who, if the rule were applied to him that is sought to be applied here to Mr. Callicot, would not feel as if he was out of the pale of civilized tribunals. Does my friend, Mr. Fields, mean to say to me that the resolution of the board of directors of the Hudson Kiver Railroad Company, which I suppose for the sake of the argument, passed in secret and without his knowledge, would be evidence to show his intent in accepting the offer of a ticket over the railroad. Mr. Fields. — I say it would be proper evidence before this commit- tee. Mr. Cochran. — Not at all; if the directors were on trial, it would be proper for the purpose of proving a crime against them. Mr. Fields. — It is for the Houee to pass upon what is relevant testi- mony, and how much it proves. Mr. Cochran. — But this committee is not an investigating commit- tee to investigate the acts of the republican State central committee. It was appointed to investigate into the guilt or innocence of the charges preferred against the Speaker of the House, and the commit- tee are to determine by their report upon the proofs adduced before them whether that gentleman was guilty of the offense imputed tc him or not. It may be sport to Mr. Fields, but it is death to any man, no matter who it is, or how white or unspotted his character may be, to have siich rules of evidence as are proposed here to-day inaugurated when he is on trial for a crime: and therefore it is that I am surprised at the proposition. Mr. Shafer. — Let us see precisely where we stand now, for the pur- pose, if such a thing is possible, of enabling this committee to pass intelligently upon the questions presented by this offer. During the iirst session of this committee, a motion was made by the distinguished gentleman who represents the defendant — their 152 Cases of Beeaches of Peivilege of the Houre distinguished client, as they choose to designate him, to limit the investigation to the official action or conduct of the defendant siuee the election in the fall of 1862. That motion so made (and at the same tune tlie defendant's counsel protested that he was entirely inno- cent of any charges and of any of the allegations made against him in the charges and specifications presented by Mr. Fields) was granted. Then a motion was made on behalf of the defendant to strike out the fifth, sixth, seventh and eighth specifications under charge sixth, for the reasons stated by them in the remarks which they submitted to the committee (and mainly upon the ground that these specifications did not charge an ofiFense or crime, or that if they did, they did so with such uncertainty and such generality that the. committee had no right, according to parliamentary law and the rules governing crimi- nal pleadings, to investigate it), and this motion was also granted. The committee must bear in mind also, and I appeal to every member of it who was here, and I think all were present, that Mr. Cochran in making that motion said there would be no attempt what-ever to exclude evidence to sustain the charges contained in the first, second, third and fourth specifications imder charge sixth, and that those charges were sufficiently explicit and sufficiently certain, and if they were proven, the defendant was guilty as charged, and ought to suffei' because of his guilt. Now, what is the proposition that we make ? To prove in detail, specifically, each of these allegations, specifica- tions one, two, three and four under charge six. But we are now told when an attempt is made to prove these charges, and especially that portion of them referring to the drawing of a draft by the chairman of the republican State committee, that such testimony is incompe- tent and is therefore to be nded out. It is alleged with great earnest- ness that it is a monstrous proposition for i;s to undertake to prove a single fact charged under tlie third specification of charge six, which I will now read. "That the said Theophilus C. Callicot, in the month of January, 1863, and after he iiad qualified and taken his seat as a member of this House, did receive from or tlirongh the chairman of the republican union State central committee the sum of $1,200 iu money as a consideration and motive for his official influence and action as such member of Assembly.'" This is the charge that we make : That Theopiiilus C. Callicot did receive from or through the chairman of the republican State committee the sum of 81,200, and how ? That is the question. We propose to show that Mr. Harris, the legal adviser and pecuniary adviser of Mr. Callicot, applied to Mr. Low, the chairman of the republican committee, to draw his draft IN THE Assembly of the State oe New York. 153 for that sum ; that the draft was drawn ; that it was delivered to Mr. Hamilton Harris ; that he procured it to be discounted, and that Mr. Callicot received the avails of that draft. The charge on the one side is that the republican State committee, the agents of a great and powerful party, known as the republican union party, did advance the sum of $1,200 to Mr. Callicot for the purpose of influencing his action as a member of this House. What else do we propose to prove? That a member of the executive committee of the republican State central committee, who is also the chairman of the central committee, in carrying out that plan, drew a draft (and we say with an imder- standing which existed when he drew that draft), and that Mr. Harris, a member of the executive committee, procured it to be discounted : that it was paid by the treasurer of that committee ; and that the money received from the draft when it was discounted was paid to Mr. Callicot. That is pretty specific. Ah, but, says the gentleman, the proposition is monstrous unless you can first prove positively that Callicot knew everything in reference to this transaction. How shall the prosecution prove knowledge on the part of Callicot ? Is it neces- sary to interrogate witnesses by asking them, " did Mr. Callicot kno-w of this ?" A. lawyer does not exist with a head on his shoulders and brains in that head (these gentlemen who represent Mr. Callicot have both), who would say that we cannot prove this knowledge by evi- dence of a circumstantial character ; by circumstances that surround the man, and the details of the transactions as they can be elicited by the proofs. My friend (Mr. Cochran) in a very unprofessional manner has stated that he believed his client to be innocent. I will be equally unprofessional and announce my belief that he is guilty. "What is the evidence of his guilt ? It is that he acted, at all events until the nine- teenth of January, with the democratic party, voting continuously for Gilbert Dean for Speaker ; that as early as the sixteenth of Janu- ary he was suspected of treachery, not only to his party, but to his constituency; a great crime, as conceded by Mr. Cochran, if not believed by Mr. Tremain. While I regret that political questions have to be discussed, yet it is necessary to allude to them for the purpose of showing the compe- tency and relevancy of the evidence now ofi'ered ; and I say that if Mr. Callicot were on trial before a petit jury, no tribunal would exclude from the jury the testimony that we oifer, as incompetent. ISTow, what do we find here ? We find Mr. T. C. Callicot, hitherto a member of the democratic party, and refusing until the fifteenth of January, to act with the party with which he has been identified since 154 Cases of Breaches of Privilege of the House the twenty-third of January last, suddenly becoming a candidate of the republican union party in the House for Speaker. But who has he put himself in communication with ? Did he on that day, when he saw fit to betray his constituency, seek the aid and advice of those with whom he had acted ? Or did he go to a man in this city, who is second to no man in the State, in sagacity and ability, and second to no man in his party — I mean Hamilton Harris ? ISTo man wields the power, except it be his exalted brother. Senator Harris, that he does at the capital of this State. No man in the republican party (and there are eminent men it) is so well calculated by nature, and from his knowledge of men, to control the deliberations of the repub- lican party, as Hamilton Harris. I concede that the firm of Reynolds, Cochran & Harris is not second to any firm in the State, and that if Mr. Callicot had a legal question to submit to them, it was entirely proper and praiseworthy in him to consult either of the members of that distinguished firm. Did he desire legal advice or legal counsel on the nineteenth of January last ? Is it contended that any exigency liad occurred in his individual aflPairs, which required the legal coun- sel- of these gentlemen to serve him in his difficulties? No such pro- position has been suggested. The only claim that is made, is that llr. Hope had a demand against him, and which could have been enforced only in an action of assumpsit, It was an honest claim, and ought to have been paid, and that is made a pretext for employing eminent counsel, and it is made a pretext on the part of Mr. Callicot for the interviews which resulted in his receiving the payment of twelve hundred dollars, as we allege, from the republican party, as a condition of his abandonment of his previous political faith. Mr. Harris goes to his office, and after consulting with Mr. Cochran, he returns. Now, I say, a picture is presented there, in Mr. Callicot's room, of the most extraordinary character, even as described by Mr. Harris. Mr. Harris disclaims any intimacy with Mr. Callicot up to the nineteenth of January last ; was ignorant of his financial afi'airs; knew nothing of his condition, and, so far as he knows, Callicot was utterly insolvent ; he had no political affinities with him ; and yet Mr. Hamilton Harris, who, as if he were as rich as Crcesus, and much more obliging, says : " My dear sir, I will loan you this money ;" and Mr. Callicot says : " I am under very many obligations to you ; I did not think of such a thing ; I did not call upon you for any such purpose ; you place me under renewed obligations, and I will endeavor to see you paid." Now what is the next step ? "We offer to prove that Mr. Hamilton Harris, after his remarkably disinterested ofier to m THE Assembly of the State of New Yoek 156 loan Mr. CalTicot one thousand two hundred dollars, went to the chairman of the republican State central committee — that a draft was then drawn by the chairman of that committee, at the suggestion of Mr. Harris, and upon consultation with him, and after a statement by Mr. Harris of what Had transpired between him and Mr. Callicot ; that the draft was cashed in this city, and the avails paid to Mr. Cal- licot ; and yet, the counsel for the accused thinks it is monstrous to offer to prove what transpired between Mr. Low and Mr. Harris. I agree that if Mr. Callicot was in no way connected with the trans- action prior to the time — if he was not connected with it subsequently in such form as would charge him with knowledge, that this proof standing alone, would be incompetent. But I say that it is one of the links in the chain of evidence which goes to convict him of guilt, and if you strike out what we offer to prove in this regard, you must strike out every offer of circumstantial evidence which goes to prove the guilt of a criminal. The money was obtained, and we wish to know whether it was an honest transaction, and whether Callicot did not know that it was obtained under circumstances which demanded secrecy ? Hamilton Harris, when engaged in the ordinary affairs of life, walks with an open brow, and conceals nothing from his fellow men. Bat here we find somebody nosing and mousing about Con- gress Hall on the morning of the twenty-first of January, and wo hear the mysterious rapping at the door of Callicot's room, and a ser- vant announcing that Mr. Harris desires to see Mr. Callicot. Mr. Hope, who is seated tliere at breakfast, is desired to withdraw. This is pregnant with meaning. If Mr. Hamilton Harris, in the kindness of his heart, proposed to make an honest loan of one thousand two hundred dollars, and there had been no suspicion on the part of Callicot as to where the money came from, or what was the consideration or condition upon which he received it, he would have said to Mr. Harris, "walk in," and have said to Mr. Hope, "here is my generous friend, Mr. Harris, whom I never knew before, and bank- rupt as I am, utterly unable as I am to pay a single dollar of my debts, yet Mr. Harris has generously offered me a loan of $1,200 to enable me to pay the claim of Mrs. "Wood." That would have been the conduct and actions of an honest man ; but if he supposed it had been obtained or procured for him from Mr. Low, the chairman of the republican union State central committee, upon the condition of his selling out to the republican party, he would have acted just as he did ; would have asked Mr. Hope to withdraw, and would have gone through the mysterious process, in secret, of being transferred 156 Cases of Beeaches of Peivilege of the House from the democratic party, through the. agency of Mr. Harris, to the republicans. " Withdraw if you please, Mr. Hope," and Mr. Hope does withdraw. Harris comes in and remains five minutes and the money is paid. Now, I would like to know,, whether it is not compe- tent to show, that Mr. Harris left him on the morning of the twen- tieth of January and said he conld get the money ; that he went to the chairman of the State central committee and obtained from him a draft drawn on the treasurer of the committee in Xew York, for the precise amount which he was to pay to Callicot ; that the draft was cashed ; that Callicot got the avails, together with all the antece- dent and subsequent circumstances? But where do we next find him ? Going body and soul, if he has the latter, over to the republi- can party; elected Speaker in the organization of the House; abandoning entirely the party which had elected him to power ; voting in such a manner upon the question of United States Senator as to enable the republicans to elect their candidate". If these circum- stances ; if this defection from the democratic party and this going over to the republicans ; this receipt of $1,200 under these circum- stances, is not sufficient for this committee to say that the proof we offer is competent ; then, although an angel from Heaven should come down and affirm its competency, ^ou would reject it. Let us see what the authorities say. I brought up witli me a law book which I shall read from, for there has been, at all events, an intimation on the part of the committee of an intention to conform to well established rules of law, and I have no reason to believe that, so far as these rules of law have been iinderstood, there has been any conformity to them. I read from Wills on Circumstantial Evidence, page 311. [The counsel here reads several extracts and proceeds.] And just so the conviction that Callicot received this money knowing whence it came, follows the fact that Mr. Low drew the draft and that it was nego- tiated by a member of the republican State central committee. Hav- ing received the money he went body and soul over to the repubhcan party. There is not an honest man on, the face of the earth, who, after learning these circumstances, would dare to say that he had not at least a suspicion that such was the fact ; or if there is such a man I trust he does not belong to the city and county of Albany. And yet my friend says it is monstrous, unless you can prove that Mr. Harris said to him, " I am going to get this draft from the republican State central committee," and having received it he must proclaim to the world and to Callicot that he has received $1,200 as the avails of the draft so drawn. The other day, on the argument on the point as to tN THE Assembly of the State of New Yoek. 157 what motive he had for the application for this money, the counsel said it was competent to show any circumstances for the purpose of proving that he, in effect, received the money. If there was any dis- pute about that fact, he said it was competent to resort to circum- stances. I am not mistaken, because my memory is good upon that point. He made a concession then, which, if he adheres to now, entirely destroys his argument, because, if it is once established that this money, comes through republican sources, from the republican imion State central committee, and he subsequently acts with the republican party, I should like to know if there were not a few cir- cumstances that tally with the charges made ? First, he received the money; second, he received it from a member of the republican union central committee; and third, he acted with the republican party. I concede that it is entirely proper, if they can, to give to this transaction the character of a loan. That is proper and competent. But they propose, at the very threshold of the case, to shut out evi- dence by which we attempt to establish that he received it with guilty knowledge as a bribe. The counsel says : " Produce the receipt for the money, or the agreement under which it was received, that is all you have to do." But the difficulty between the counsel and myself is, that we desire, and have expected to prove it by circumstances, while they require that it shall be proven by specific agreement. Has it come to this, that you cannot prove the existence of guilty knowledge by showing the transactions of the party, before and subsequently, whicK are entirely consistent with the theory that his knowledge was guilty ? In the case which the counsel supposes, of the taking of $1,000 in bogus money to the borrower, I concede that if the simple fact were that he received that bogus money without any circumstances, either antecedent or subsequent, showing guilty knowledge on the part^of the gentleman he has named, the fact alone would not be sufficient evidence to prove guilty knowledge ; but if, in addition to that, you find that the gentleman named had dealt in bogus coin, that he had been a confederate of Mr. Cochran, and that Cochran, acting in per- suance of that confederacy, had obtained the money, I ask whether the proof offered under these circumstances would not be competent, as one of the links in the chain of evidence ? I will fiirther read from Wills on Circumstantial Evidence, from page 239. [The counsel here read several extracts, and resumed his remarks.] ]^ow, if one single circumstance, standing entirely alone, would show the innocence of the defendant, yet if a dozen other circumstances connected with the first, go to prove his entire guilt, the latter should weigh, and should loS Cases of Beeaches of Peivilege of the House be received. We have not contended tliat the simple receipt of $1,200 by Callicot, without any circumstances preceding or subse- quent, vfould prove his guilty knowledge ; but we say, that when we regard his previous political course, when we regard his interview with Mr. Harris, ■^^'hen we regard the proffer on the part of Mr. Harris to lend him the money, the source from which he obtained it, the person who received it, the secrecy which is sought to be maintained about it, the course which he has pursued since lie received it, they all point to him with one unerring aim, and cry out that he is guilty ; and to strike out either one of those circumstances is to strike out a material link in the chain of evidence with which we propose to surround him. "We say, in the third specification that he did receive from or through the chairman of the republican union State central committee the sum of $1,200 in money. That, the learned counsel stated was specific. That, you said we were at liberty to prove, did you not? The counsel said they should make no motion to strike out any proof upon that point ; yet, when I have got a witness on the stand to prove that he got that sum from Low, we are told that the poipt has been decided against us by the previous ruling, and upon this pretense our evidence is to be rejected. They say we cannot prove any such thing. It may have been determined that we shall not prove the fact ; but it has not been determined by the committee of the Assembly. The determination may have been made, but not by the decision of the committee as announced here. I well know the delicacy of these gentlemen — their extreme sensitiveness when any question involving their party's reputation is raised ; it may be that party exigencies demand exclusion of this evidence. Here is a gentleman of your own party on the stand, by, whom I can prove that Senator Low, for the purpose of bribing Callicot, paid Mr. Harris the sum of $1,200 ; and although it was the impulse of Mr. Cochran to allow me to give this proof, yet his senior, Judge Tremain, thought it advisable, under all the circumstances, tliat it should be shut out. I say that the witness, now upon the stand, (ian prove the charge made in pursuance of the resolution of Febrnary 5, which they have not sought to strike out, and the specifications of which they have said were sufficiently explicit, to wit : That Callicot received from or through Mr. Low, the chairman of the repubhcan State central committee, the sum of $1,200 in money. I have a member of the executive committee of that committee to prove it, and the draft, too, is here. But the counsel say, you cannot prove that, because Mr. Callicot did not know it. I propose to prove his know- IN THE Assembly of the State op K^ew Yoek. 159 ledge; to prove his guilt by circumstances. E"o one has hitherto supposed on the part of the prosecution, nor has the distinguished member, Mr. Fields, who preferred these charges, supposed for a moment that the guilt of Mr. Callicot could be proven by a direct compact or agreement, either in writing or between the distinguished lawyer and Callicot, who has since become Speaker. I deny that the committee has made any decision which controls this particular offer. 1 deny that there has been any decision made which will pi'event us from showing the facts alleged in specification three, and even specifica- tion four, which I will read : " That the said Callicot had received from or through the chairman of the republican union State central com- mittee the sum of $1,200." In one charge he is alleged to have received the sum of $1,200 from the chairman of the republican union State central committee, as a motive for his influence and action as such member of the Assembly. In the fourth, the charge is that he received the sum of money from the same party as a motive for his action upon the question of electing United States Senator. They say that we shall not prove that this money came from the republican union State central committee, the money that was paid to Callicot. Why ? Because it may be a little inconvenient for the majority of this commit- tee to hear proof upon that point. That is the only reason. It is not because it is not charged in the specification ; it is not because the cir- cumstances do not show the guilt of Mr. Callicot ; it is not because it is not in accordance with well defined legal rules. Judging from Callicot's antecedent and subsequent course, the manner in which he put himself in communication with Mr. Harris, his secrecy, when Hope was there, his fiight up stairs, I think that it is apparent that Callicot knew all about the transaction. At all events it is competent evidence as tending to show that fact, and should therefore be received. In protesting, unsuccessfully, hitherto against the exclu- sion of evidence, I have claimed that Mr. Callicot is not on his trial according to the meaning of that term as used by the gentleman on the other side. They hold that Mr. Callicot is on trial; they claim to have erected this committee into a tribunal, having jurisdiction of the most extensive character, to wit, to try and pass judgment upon a fellow member of the House. I deny it. You are simply taking evidence and reporting it to the House; and under the impression that you have assimied these high func- tions, you have hitherto been impelled to exclude evidence and grant motions on that view ; and it is possible that that theory may have an influence upon the committee at present. But I 160 Cases of Breaches of Peivilege of the House submit with all candor, that so far as these charges, in the third and fourth specifications are concerned, that he received this money from or through the chairman of the republican union State central committee, there is no power on the part of this committee to exclude this evidence ; that you have no right to say " we will not receive this evidence," but that you are bound to receive it ; that this fact is specifically charged, and we offer the evidence to sustain it; and you are directed, by the resohi- tion appointing you, to receive the evidence and report it to the House. To do otherwise would be to array yourself in opposi- tion to the direction of the House, as contained in the resolution of February fifth and the eleventh of March. The question that was discuss'ed last evening had no sort of relation to the one now before the committee. I knew, however, that it would be claimed that it would shut off all evidence of transactions, unless it could be shown that Mr. Callicot was upon the heels of Mr. Harris, and that he made to him a disclosure of all that was said ; that they would contend a man should be deemed guiltless, except so far as it was shown by positi\-e proof that he had an agency or knowledge of the transaction, sliow- ing his guilt. They may show that he had no connection previous or subsequently. But when Mr. Callicot determined to play the part he did, he did it with a full knowledge that he must abide the consequences. If they are serious, he is the author of his own mis- fortunes. If, when Mr. Callicot determined to betray the party that placed him in power, he also determined to add to his treachery, the crime of bribery, on his head be the consequences, and it is not in the power of this committee, even by excluding this offer, to shield him from the fate that awaits him at the bar of public opinion. Mr. Havens. — Does the counsel claim that greater latitude should be given here than should be given in the introduction of testimony on a trial under an indictment ? Mr. Shafer. — I do ; and it is proper that I make this also. I claim, in the first place, that the rules of criminal pleading applicable to an " indictment, are not applicable to the charges and specifications refer- red to this committee. The committee ruled otherwise; and in conformity with that ruling Mr. Cochran said that the remaininfi; charges and specifications were in every respect definite and certain, and there would be no attempt to strike them out ; and that the pro- secution was at liberty to prove every fact contained in them. I con- tend that when it is charged that Mr. Callicot received from or IN THE Assembly of the State of New Yoke. 161 through the chairman of the republican union State central com- mittee the sum of $1,200 in money, an offer to prove clearly, defi- nitely and certainly this fact, is an attempt to prove the charge and the specifications under it, and within the rule prescribed for the prosecu- tion by Mr. Cochran. Mr. Shafer having concluded his remarks, Mr. Tremain pro- ceeded to address the committee. He read : If the committee please. — It is not my intention to occupy any considerable portion of your valuable time in a continuation of the discussion upon this question. There are two reasons, which, in my judgment, render any such discussion a waste of time, and unnecessary and inexpedient. The first is, that the whole case was fairly presented in the opening argument of my associate. It was an argument that was calmly, clearly and fairly presented. It placed our objection upon the true grounds; and grounds which, in my judgment, will strike the mind of every lawyer as utterly unassailable and impregnable. The other rea- son is, that the discussion yesterday in relation to a kindred question, covers the question involved in this case. It has been deliberately adjudged by this committee, and by that judgment, I doubt not, this coinmittee will stand. My friend (Mr. Shafer) found it convenient to-day to take a position which does not precisely harmonize with the position he took yesterday. In the course of the very elaborate argument on the point we then raised, so far as it related to the objects of evidence, he foreshadowed the offer of evidence in relation to a draft drawn by Mr. Low, for the purpose to raise money to pay over to Mr. Callicot, and I then told him that I could not say whether I should take an objec- tion to proof on that point or not; that it would depend upon whether he laid the foundation to make it competent ; that if the evidence offered was unconnected with Mr. Callicot, as was the case iu regard to the evidence offered last night, I should ol^'eet to it, and should be recreant to my duty if I did not. We learn now, after that judg- ment has been pronounced, which my learned friend said foreshadowed the judgment that was to follow, and after there has been an argu- ment before this committee of a kindred question, that there has been nothing decided in relation to the admissibility of the acts of third persons, wholly disconnected with Mr. Callicot, and for which he was in no manner responsible. I leave the decision in the hands of the committee, simply declaring that it will hardly do to blow hot and cold in the same breath. It will be for the committee to decide 11 162 Oases of Bkeacues of Pkivilege of the House whether there is, in reality, any difference in principle, between this question and the one fully discussed yesterday afternoon. It is a subject of comfortable reflection to those who are discharging a pro- fessional duty in defense of Mr. Callicot, that this investigation is not to be conducted wholly regardless of legal rules. If this case were to be tried by political prejudices ; if that fiendish party spirit which is threatening now to break in pieces the ties which bind these States together, and, in my judgment, threatening more danger than secessionism itself; if that bitterness of spirit, which, when it cannot carry its point in the election or in preventing the election of a United States Senator, would leave the great State of New York with but one Senator to represent its interests on the floor of the United States Senate, and to respond to the demand for wisdom in determining plans to crush out this fearful rebellion ; if that party spirit, I say, which has produced such results in the past, were to be the guide in the deliberations of this case ; or if vehement declama- tion and partisan epithets were to control and influence this commit- tee in its decision, either on interlocutory questions, or in the final disposition that may be made of this case, then Mr. Callicot stands condemned without a trial, and you are guilty of participating in m unmeaning farce, in authorizing him to appear here by counsel. The form of charges and specifications is a mere idle ceremony, which might have been better dispensed with in the start. Adopting the doctrine, that (until the question was put by Mr. Havens) seemed to rule, that Mr. Callicot is not on trial, and therefore tlie learned counsel is not restrained by the safeguards which protect the person, the pro- perty and the liberty of the citizen in the courts of law, and I grant that there would be safety against these prejudices for any one who has dared to occupy the position that Speaker Callicot has. But I came here to say that Mr. Callicot's rights shall be protected and defended under the Constitution and the laws, and that if he were the veriest and most degraded human being in the community, the shield of the law is over him, and before partisan spirit shall strike him down, before he shall be made a victim, before a conspiracy that has been baffled and seeks a victim in Mr. Callicot, shall succeed — ^if it shall — it shall be because there is no force and power on the part of counsel to prevent such results. I stand here to claim for Mr. Callicot those rights and privileges which belong to every citizen of the State of New York, who may be found in any part of our terri- tory. And I say, again, that the question which was discussed yes- terday, as to whether private conversations between Mr. Hamilton IN THE Assembly of the State oe New Yoek. 163 Harris and his partner, Mr. Cochran, of which conversations Mr. Callicot had no knowledge, were competent evidence, and which the committee decided adversely to the prosecution, is in principle the same question that is raised here to-day, as to the competency of proof of conversations between Mr. Harris and Mr. Low, of which Mr. Callicot had no knowledge. The venue is changed — the issue is precisely the same. It is here deliberately and gravely proposed to prove that Mr. Harris poured into the ears of Mr. Low a story such as is here put on record, to the effect that republican Senators, republican members of the House, and republican citizens of the city and county of Albany, came to the conclusion that there was a case where they might bribe a member of the Assembly ; that thereupon the chair- man of the republican State central committee drew a draft to raise the money to bribe the member, and it is gravely urged that proof of that kind is competent, not as against the republican central com- mittee, or Mr. Harris, for they are not on trial, but as against Speaker Callicot, who at this time was far removed from them, and when there is not the slightest proof that any of the parties referred to Were acting either on his, Callicot's behalf, under his authority or with his knowledge. This is the position occupied on the part of a prose- cution carried on in the name of the great State of New York ; a State where it is said we are so careful of personal rights that a man must not be arrested even by the arm of the Presideint, without the full warrant of the law ; where the habeas corpus must not. be for a liioment suspended. But the learned counsel, and those for whom he acts, who are thus earnest in their advocacy of personal rights, say- that when a man has dared to prove false to his party machine, and is placed on trial for the highest crime known to our law, you are to receive anything and everything which counsel see iit to offer in the way of proof ; that you are permitted to inquire who elected him ; whether he came here as a democrat or as a republican ; how he is acting ; with whom he is acting, and you are therefore to record your decisions on interlodutory questions ; not as honest men, acting under the responsibilities of your oaths of office, but as partisans. In other words, Mr. Callicot is to be stricken down because, according to the argument of the counsel, he has been elected by democrats and is no longer acting with theim. Where is the evidence before this com- mittee in relation to those facts upon wMch my friend has argued ? "What is there in regard to the past course or conduct of Mr. Callicot? We are here to try this investigation in accordance with evidence, and the whole argument of the learned counsel, which he has so vehe- 164 Cases of Breaches of Privilege of the House mently addressed to the committee, -proceeds upon an assumption of facts not in evidence at all. Mr. Shaffer. — I based my argument upon the proofs which we pro- pose to offer, which will sustain everything I say, if the offer is entertained. Mr. Tremain. — Proofs you propose to offer ? Let us take tlie offer as it arises. We are now discussing the question as to the admissi- bilty of this evidence, for my learned friend admits that it is only competent by reason of some evidence to be offered. Now, I protest, as I have from the commencement of this investigation, against this attempt, on the part of the counsel, to mix up in this serious and solemn matter, which is more important than life itself to the accused party, these continual harangues and appeals about party. They are unworthy of the place. They are appeals which should no more be heard here than they should be heard before a jury. If this man were on trial for his life before a court of justice (and he is on trial for that which is dearer than life — for his conviction would result in his being confined in the State prison for ten years, and would forever prevent him from again holding any office of honor or trust), such appeals would be excluded under our Constitution and our laws. I say again that it is an example that ought not to be followed, and although I find the temptation very strong to follow the gentleman into a discussion of those extrinsic matters which do not appear in evidence, yet I am restrained by my own self-respect, and by a proper regard for the dignity and the propriety of this committee. I will not, therefore, go into a discussion of matters that have no relevancy to the investigation here, but will present the thoughts that occur to my mind as having a bearing upon the character of this prosecution. I come back, again to the case. Is not Mr. Callicot on his trial ? Where, except here, is evidence to be heard either for or against him ? This case is referred to you, not only with power to take and report the evidence before you, but to report your conclusions — your verdict — thereupon ; and everybody knows that in the ordinary course of parliamentary proceedings in this country, where the business of leg- islation is done by committees, that your report will come before the House with the just and controlling weight and influence that would belong to such a report. Not a trial ? If the investigation before this committee is not a trial, Mr. Callicot can never be on trial. As swift as the thunder follows the lightning, to use the language quoted by the gentleman, from the authority on circumstantial evidence, may come the judgment of this committee against the accused, and he leaves IN THE Assembly of the State op New Yoek. 165 the chair — the highest position in this House — a doomed and blighted man, branded by the report of a committee of his peers (and that report confirmed, as it natural!}'- would be by the judgment of the House), as guilty not only of infidelity to his party, but as guilty of the crime of receiving $1,200 as the consideration for his official influence and action. And yet, forsooth, it is contended here that Mr. Callicot is not on trial, and all kinds of evidence which may be thought proper are to be offered, even though inadmissible by the clearest rules of law. The case presented by my associate (Mr. Cochran) in reference to the supposed secret resolution passed by the directors of the Hud- son Eiver Railroad Company, to influence the action of Mr. Fields, by reason of giving him a free pass, was very appositely put. Yet Mr. Fields said that that resolution would be proper evidence to be received to prove him guilty of bribery and corruption, and should, therefore, be received. Mr. Fields. — I did not say so ; I desire that what I said should be properly presented. Mr. Tremain. — Does the gentleman shrink from the responsibility ? Does he admit that it would not be competent evidence ? , Mr. Fields. — I said that it would not be evidence before a court, but in an investigation before a committee, under parliamentary rules, it was competent to be received. Mr. Tremain. — Then the gentleman concedes the whole case I am discussing. The question is, whether it is competent or not. It is no part of my business to stand here and defend this committee, or the House by which they were appointed, from the insults hurled against them by the gentlemen. This committee is capable of taking care of itself, and the House, for whom the committee is acting, is capable of taking care of itself. It is no part of my business to appear for them ; but when the counsel says that, according to your ruling, the evidence suggested would be incompetent ; then what need of discussion ? this evidence offered falls to the ground. I deny, where a committee is appointed under specific resolutions like these, that there is any parliamentary rule which allows a blind, groping inquiry relative to anything and everything, and affecting everybody, whether they are the persons charged or not. I do not deny that the House has the power to appoint a committee, and to give them power gen- erally to investigate into all acts of corruption, for the purpose of applying a remedy, by some legislation, in regard to the subject. But this committee bears no analogy to a general investigatingcommittee. If it did, there would be no counsel employed upon either side, for 166 Cases of Breaches of Peivixege of the House the purpose of presenting the case to the committee, and I under- stand that the counsel concede that this case should be governed by the rules of evidence that prevail in the courts. Mr. Shafer. — I said that- they shoiild, under the rulings of the committee. Mr. Tremain. — Do I understand that this discussion is not to pro- ceed in conformity with the decision of the committee 1 Is that the gentleman's idea ? Mr. Shafer. — I said that the committee had adjudged that there must be the same certainty in the line of proof that must exist on a trial under an indictment. The gentlemen said that they would not move to strike out the first, second, third and fourth specifications under charge six ; that they were as specific as was required in an indictment. Mr. Tremain. — I ask again, imder the concession substantially made upon that point by the gentleman, and by the prosecutor, that evi- dence of a particular character, entirely analogous to this, would not be competent under the ruling of the committee, whether we are dis- cussing this case for the purpose of influencing somebody else beside the committee ; for, if we are, I desire to say that I have no taste for a mere political roving investigation, to see who may produce the greatest influence on the public mind outside of this case. I have higher duties than to enter upon so frivolous and puerile an investiga- tion ; niy duties are simply in relation to the guilt or innocence of Mr. T. C. Callicot, of the charges which are here presented. I say again, as my associate has said, that we have not made any objections at all to the form or the substance of the first, second and third specifications under charge six. "When we were discussing the ques- tion as to sufficiency of the specifications, Mr. Cochran said, we stand by them ; we make no objection to the specifications at all, nor do we now. We challenge proof of the allegations contained in them, by legal evidence going to show the guilt of Mr. Callicot. What is the third specification of the sixth charge ? It is that he, Callicot, after he had qualified and taken his seat, "received from or through the chairman of the republican union State central com- mittee the sum of $1,200 in money." There my friend stops reading the specifications, and I will proceed to read the remainder, which is that he received the money " as a consideration and motive for his ofiicial influence and action as such member of the Assembly." No objection is taken to that specification, either as to form or substance. Now you have a witness on the stand, whom I am happy m THE Assembly of the State of New Yoek. 167 to learn was the gentleman referred to by Mr. Fields, as a highly esteemed and distinguished gentleman, and who was the gentleman with whom Mr. Callicot was in communication, and the gentleman who let Mr. CaUicot have the $1,200, and yet, if Mr. Callicot be guilty of this charge, that gentleman is equally guilty, and liable to be imprisoned in the State prison. Now with such a gentleman on the stand as a witness, so indorsed by the prosecutor, a gentleman pre- pared to prove the whole corpus delicti, if thei'e was any, who will not dodge anything, who seeks to evade nothing, is ready to meet all the consequences which may follow from whatever is disclosed with which he was concerned, and yet, instead of walking up to the line and proving exactly what the transaction was to which Mr. Callicot was a party, it is proposed to put the chairman of the republican union State central committee on trial, and prove what has transpired in their secret deliberations. You have been engaged nearly all of yes- terday, and nearly all of this afternoon in going around with your preliminaries as if there was something wonderful and mysterious in this transaction, instead of asking Mr. Harris to state distinctly, fairly and honestly, and without mental reservation, everything that trans- pired between him and Mr. Callicot. But to do that would not answer their purpose. Party must be dragged in here. An attempt must be made to inquire into deliberations between Mr. Harris and Mr. Low, without one single scintilla of evidence in the case, that Mr. Callicot knew even that "Mr. Harris was a member of the repub- lican State central committee ; and with the fact staring you in the face, that the only manner in which Mr. Harris was brought into com- munication with Mr. Callicot was by reason of a written request sent by Mr. Callicot, not to a member of the republican State cental com- mittee, but to Mr. Cochran, the business partner of Mr. Harris, requesting him, Cochran, to come and see him, and Mr. Cochran being engaged sent his partner, Mr. Harris. The learned gentleman speaks of the purpose of the republican central committee to bribe Mr. Callicot, but he is afraid that they will not answer his purposes as witnesses ; so, instead of calling upon the members of that commit- tee to prove the bribery, they go outside and seek to bring in con- versations with third parties. This is a secret arrangement, he says ; and he assumes it is because, when Mr. CaUicot was about to borrow money he requested Mr. Hope to retire from the room a moment ! A most alarming circum- stance ! Mr. Callicot did not wish everybody to know that he was borrowing money, and all the conversation that might transpire 168 Cases of Bkeaches of Privilege of the HorsE between them. It seems that this Mr. Hope was there with a letter addressed to Mr. Thomas C. Fields, although Mr. Callicot did not know it, requesting him, Mr. Fields, to help him collect the money. That is wonderful evidence of bribery and corruption ! and in order to make it still more apparent, the republican central committee, if my friend is to be believed, send a man to negotiate who stands first in point of ability, integrity and honesty among the political men o. this city to bribe Mr. Callicot ! But there are outside circumstances, and yet, so suspicious, if my friend is to be believed, that they require of the committee, in conducting this investigation, to change all the ordinary rules of evidence. But, to come back to the question, if the committee please, what is it that the prosecution offer to prove? They oflfer to prove various communications made by Mr. Harris to Mr. Low, communications which, by every principle of civil and criminal proceedings, are regarded as inadmissible, because there is no attempt to show that Mr. Callicot had any intimation or suspicion even of the existence of those communications. Then my friend offers to show an act, by which Mr. Harris received the money as the proceeds of a draft drawn by the chairman of the republican union State' central com- mittee upon its treasurer, and that Mr. Harris took those proceeds and paid them over to Mr. Callicot. We have announced our perfect willingness to allow the prosecution to show that Mr. Callicot was told by Mr. Harris or by anybody else, that he requested Mr. Harris or anybody else, or that he agreed with Mr. Harris or anybody else, that the republican union State central committee might advance $1,200 for his benefit, to show that when that money came, Mr. Har- ris communicated to Mr. Callicot the fact that he was acting on behalf of the republican union State central committee, or that he received it from the republican union State central committee, or that the money was the proceeds of a draft drawn by the republican union State central committee or its treasurer, to show every fact that trans- pired between Mr. Harris (who is conceded to be a gentleman of respectability and integrity) and Mr. Callicot. To all this the doors are thrown open, but in Heaven's name confine your proofs to facts which show the guilt of the gentleman who is on trial, to his conduct and his action. Do not attempt to prove facts against the republican union State central committee, who are not on trial. We do not appear for them. It is beneath the dignity of this committee for a moment to entertain offers which are designed only to stir up the already too deep fountains of political hostility. Let there be some place where party spirit shall be linshed ; and if m THE Assembly of the State op New Yoek. 169 that place is not a tribunal where a man is on his trial, not for a political offense, but for a high crime, then we cannot hope to find it anywhere. Previous to this investigation, I never saw the gentleman who is now on trial here. I have had no sort of participation in these proceedings, out of which this bitterness has grown. I came into this case in a professional capacity, believing that no matter what might have , been the antecedents of Mr. Callicot, whose character and integrity have been indorsed by his selection, by the House of Assem- bly, to the highest position in it, here, at least, we might try these charges according to law and according to the evidence. If I am indeed mistaken, if it is only another arena for stump speeches, and the bitterness of party feeling is only transferred from the polls to this place, then I am not here in the discharge of any duty that belongs to a participant in such a proceeding. I say that this evidence cannot be received upon any legal principles. Before any man can be held responsible for the act of a third person, you must show, that to some extent, he is the author of the act, and if that is shown, Ire is responsible for it. If you attempt to prove that Mr. Harris was Mr. Callicot's agent, you must first show that he had authority from his principal to do these acts, or an implied authority such as would bind theprincipal for the acts of the agent, and which would also make Mr. Callicot responsible. Or if you assume it to be a conspiracy, in whicli the act of one conspirator becomes the act of all, and for which each is responsible, you must first prove the conspiracy. It is not a ques- tion of the order of proof, for I claim that the proofs ofiered by the gentleman are not competent in any aspect. It is a question of funda- mental right that no man shall be prejudiced by the acts and conversa- tions of third parties, unless you first show the existence of a con- spiracy between the parties to do a particular act, and then any act by a third person in the execution of the common design and purpose for which the conspiracy was formed, may be admitted. Objection sustained ; Mr. "Weaver and Mr. Smith dissenting. Assembly Documents, 1863, ISTo. 202 ; see also testimony attached to report, pages 5 to 79. Special Oedee. Mr. Prindle offered for the consideration of the House a resolution in the words following, to wit : Resolved, That the minority of the select committee aijpointed to investigate the charges against Theophilus C. Callicot be allowed to bring in a report any time this week ; that the evidence and both 1.70 Cases op Breaches of Privilege of the House reports be printed, and that the whole matter be made a special order for Monday evening at seven o'clock. Mr. Spealier put the question whether the House would agree to said resolution of Mr. Prindle, and it was determined in the affirma- tive, two-thirds of all the members present voting in favor thereof. Assembly Journal, 1863, pages 1038, 1039. MiNOEiTY Report of Committee. April 17, 1863. Mr. "Weaver, from the minority of the select committee to which was referred the charges made against T. C. Callicot, Speaker of the Assembly, submitted a report in writing, dissenting from the views of the majority thereof, which was laid on the table and ordered printed. In Assembly, April 17, 1863. Report of the Minority of the Select Committee Appointed to Investigate the Charges of Corruption against Theophiltis C. Callicot, Speaker of the Assembly. The undersigned, a minority of the committee appointed by this House to investigate the charges of official misconduct preferred against the Hon. Theophilus C. Callicot, Speaker of the Assembly, by the Hon. Thomas C. Fields, a member of this House, respectfully report that they entered upon the discharge of the unpleasant duty assigned them, with a full appreciation of the responsibility of the position they were called upon to assume. While they have been actuated by a sincere desire to render entire justice to the accused, and claim to have ever been regardful of his rights, they have also endeavored to vindicate the honor, the dignity, and the integrity of this body, by bringing to light, so far as in their power, all the facts pertinent to the case under consideration. The undersigned commenced this investigation impressed with the belief that the House desired a searching inquiry into the charges made against the Speaker, and was desirous that equal justice should be done to all parties, in order that the member snifering under the imputations made against him might be fully exculpated, if innocent, or properly punished if guilty. They did not regard it in their pro- vince to act either as counsel to shield an offender from the conse- quences of official misconduct, or as partisans, whose effort it should be to make innocence appear like guilt. Acting in good faith under this Ijelief, and influenced by these motives, they have found them- IN THE Assembly of the State of New Yoek. 171 selves necessitated, in the course of this investigation, to differ vi^ith the majority of the committee upon questions involving the scope of the inquiry, and the admission or rejection of evidence. At the outset, when the question arose as to the limit of the investi- gation, the committee unanimously decided that, under the resolution adopted by the House, the examination should he confined to the charges relating to the ofiicial conduct of the accused during the pre- sent session, and unanimously resolved to strike out all the charges of corruption prior to that date. After the committee had unanimously agreed thus to limit the investi- gation, the counsel for the accused moved to further restrict the inquiry by striking. out specifications five, six, seven and eight, of charge sixth, alleging that the votes and official action of the Speaker had been governed by the consideration of his election to the ofl[ice of Speaker, a position of advantage and profit, and also charge eighth, which is as follows : " Chaege Eighth — Beibeey and Coeeuption as a Membee of Assembly." The majority of the committee ruled to sustain the motion, and thus further limit the investigation, from which ruling the under- signed minority dissented, and stated their reasons as follows : 1st. That the resolution of February 5th, under which the charges were framed, requires us to investigate all the charges substantially made, which, if true, would constitute an oifense for which the accused would be amenable to the House. The charges embraced in the motion are regarded of that nature, and demand investigation. 2d. In view of the fact the committee have unanimously refused to investigate charges of alleged official corruption prior to the elec- tion of the accused as member of the House, it is held that the instructions contained in the resolution of March 11th, under which this committee was appointed, directing it to investigate the charges so far as they are in conformity with the resolution of the 5th of Feb- ruary, has been fairly obeyed by the unanimous decision of the com- mittee not to investigate any alleged oifenses prior to the election of the accused as a member of the House. 3d. That the office of this committee, in the opinion of those who dissent (Mr. Weaver and Mr. Smith), being not to try and punish criminally, but to carry on an investigation instituted by the House, for the purpose of protecting its honor, purity and integrity, and which the House is to determine by its action on the report of the 172 Cases of Breaches of Pkh^ilege of the HorsE committee, we do not, therefore, feel authorized to grant the motion to strike out the charge and specification contained in it. The minority of the committee, in arriving at the conclusion that it is " corrupt and criminal" for a member of Assembly to accept and take the office of Speaker, with an agreement and understanding that his vote or action shall be influenced thereby, or shall be given in any particular manner, or iipon any particular side of any question in con- sideration of such office, are guided in their judgment by the words of the statute, which declares that "every member of the Assembly who shall except any gift, thing of value, or advantage, or any pro- mise or undertahing to make or furnish the same under any agreement or understanding that his vote, opinion, judgment, or action shaU he influenced thereby, or shall be given in any particular manner or upon ang particular side of any question, -matter, cause or proceeding, then pending, or which may hy law he brought before him in his official capacity, or who shall directly or indirectly demand, require, propose to receive, receive or entertain any negotiation or proposition for any such gift, thing of value or advantage, as a consideration or motive for his official vote, action or influence, shall upon conviction he for- ever disqualifled from holding any public office, trust or appointment under the Constitution or laws of this State ; shall forfeit his office, and shall be punished by imprisonment in a State prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or both in tlie discretion of the court. It is an evasion to claim that a vote directed by considerations of personal advantage and profit to the voter, is not corrupt within the meaning of the statute, because it is cast in pursuance of " the law of the land." Every vote cast in the Legislature is cast