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JANUARY, 1800.

Reduction of the Army.

H. of R.

alarm, and the cry of danger from French inva-ship Flora, was presented to the House and read, sion, the good sense of the country still prevailed. stating that they have sustained considerable loss Our people knew that there was no immediate in consequence of an illegal detention, as they condanger. nor can they hear it in every breeze; they ceive, of the said ship at the port of Edgartown, therefore refused to enter a service into which the in the State of Massachusetts, by the officers of indolent and worthless had been allured by the the United States, acting under the law entitled potent consideration of being clothed and fed at "An act to suspend the commercial intercourse bepublic expense. Would this tardiness to defend tween the United States and France, and the detheir country, sir, be exhibited were the danger pendencies thereof," and praying compensation for imminent, as gentlemen had alleged? He cau- the same. tioned the members of the House, particularly from the South, against lavishing, by the smallest estimate which had any pretension to correctness, at least two and a half millions, perhaps four, upon so worthless an object. As to the proposal to stop the enlistments and retain the officers upon pay, without any nominal duty to perform, he declared that it would justly excite the public indignation. With these remarks he concluded by expressing a hope that the resolution would be

Ordered, That the said petition be referred to the Committee of Commerce and Manufactures. Two petitions of Cato West and others, in behalf of themselves and the other inhabitants of the Mississippi Territory, were presented to the House and read; the first complaining of the political systhe present mode of its administration, and praying tem by which the said Territory is governed, and that the operation of the ordinance of Congress, passed the thirteenth of July, one thousand seven as shall seem expedient, may be extended to the hundred and eighty-seven, with such amendments said Territory: the other, praying that an act may The question was taken that the House do agree be passed confirming to the citizens of the said with the Committee of the Whole in their said Territory all grants of lands legally and justly obdisagreement, and resolved in the affirmative-tained prior to the ratification of the late treaty yeas 60, nays 39, as follows:

carried.

The Committee now rose, and reported their disagreement to the resolution.

with Spain.

YEAS-William Alston, George Baer, Bailey Bart- Ordered, That the first of the said petitions be
lett, James A. Bayard, John Bird, Jonathan Brace, John referred to Mr. CLAIBORNE, Mr, GRISWOLD, Mr.
Brown, Christopher G. Champlin, William Cooper, HENDERSON, Mr. NOTT, and Mr. BARTLETT, to
Samuel W. Dana, John Davenport, Franklin Daven- examine the matter thereof, and report their opin-
port, John Dennis, George Dent, Joseph Dickson, Wil-ion thereupon to the House; and that the second
liam Edmond, Thomas Evans, Abiel Foster, Dwight be referred to the committee to whom was refer-
Foster, Jonathan Freeman, Henry Glen, Samuel Goode, red, on the twenty-fourth ultimo, the petitions of
Chauncey Goodrich, Elizur Goodrich, William Gordon,
Roger Griswold, William Barry Grove, Robert Good- John Henderson and others, and of Thomas Bur-
loe Harper, Thomas Hartley, Archibald Henderson, ling and others.
William H. Hill, Benjamin Huger, James H. Imlay,
John Wilkes Kittera, Henry Lee, Silas Lee, Samuel
Lyman, James Linn, John Marshall, Lewis R. Morris,
Abraham Nott, Harrison G. Otis, Robert Page, Josiah
Parker, Jonas Platt, Leven Powell, John Reed, John
Rutledge, jun., Samuel Sewall, James Sheafe, William
Shepard, Samuel Smith, Benjamin Taliaferro, George
Thatcher, John Chew Thomas, Richard Thomas, Peleg
Wadsworth, Robert Waln, Lemuel Williams, and Hen-
ry Woods.

NAYS-Theodorus Balley, Phanuel Bishop, Robert Brown, Gabriel Christie, Matthew Clay, William C. C. Claiborne, John Condit, Thomas T. Davis, John Dawson, Joseph Eggleston, Lucas Elmendorf, John Fowler, Albert Gallatin, Edwin Gray, Andrew Gregg, John A. Hanna, Joseph Heister, David Holmes, George Jack son, James Jones, Aaron Kitchell, Michael Leib, Matthew Lyon, Nathaniel Macon, Peter Muhlenberg, Anthony New, John Nicholas, Joseph H. Nicholson, John Randolph, John Smilie, Richard Stanford, David Stone, Thomas Sumter, John Thomson, Abram Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, and

Robert Williams.

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Mr. Oris, from the committee to whom was referred, on the ninth ultimo, so much of the President's Speech as relates to "a system of national defence, commensurate with our resources and the situation of our country," made a report, in part; which was read, and ordered to lie on the table.

A Message was received from the PRESIDENT OF
THE UNITED STATES, as follows:
Gentlemen of the Senate, and

Gentlemen of the House of Representatives :

A report made to me, on the fifth of this month, by the Secretary of War, contains various matters, in which the honor and safety of the nation are deeply interested; I transmit it therefore to Congress, and recommend it to their serious consideration.

UNITED STATES, Jan. 13, 1800.

JOHN ADAMS.

The said Message, and report accompanying the same, were read, and ordered to be referred to the committee to whom was referred, on the ninth ultimo, so much of the President's Speech as relates to "a system of national defence, commensurate with our resources and the situation of our country."

Ordered, That the petition of Charles Pettit, presented the 31st ultimo, and which was laid on the table, be referred to the Committee of Claims.

Ordered, That the report of the Secretary of War, on the seventh instant, exhibiting the expenses

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of the national armory at Springfield, in the State of Massachusetts, which lay on the table, be referred to the committee to whom was referred, on the ninth ultimo, so much of the President's Speech as relates to "a system of national defence, commensurate with our resources and the situation of our country;" with power to report thereon by bill, or bills, or otherwise.

Ordered, That the Message of the President of the United States, of the 8th instant, transmitting sundry statements relative to the Mint of the United States, prepared by the officers thereof, and which lay on the table, be referred to Mr. DWIGHT FOSTER, Mr. CHAUNCEY GOODRICH, and Mr. PAGE. On a motion made and seconded that the House do come to the following resolution, to wit: Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State be, and he is hereby, authorized and directed to procure and transmit to the Governor of the State of North Carolina, a number of copies of the laws of the United States, equal to the number which the Secretary was heretofore authorized to transmit to the Governor of the said State, by an act, entitled "An act for the more general promulgation of the laws of the United States," to be deposited and distributed agreeably to the provisions of the said act, for the use and information of the citizens of the United States

within the said State :

Ordered, That the said motion be referred to Mr. HILL, Mr. KITTERA, and Mr. NICHOLAS. Resolved, That the Committee of Claims be instructed to inquire whether any, and, if any, what, alterations ought to be made in the law passed on the twelfth day of June, one thousand seven hundred and ninety-eight, entitled "An act respecting loan office and final settlement certificates, indents of interest, and the unfunded or registered debt credited in the books of the Treasury.

Resolved, That the act, entitled "An act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein." and all acts for amendment of the same, be referred to the Committee of Commerce and Manufactures, to consider and report as to the expediency of continuing the same, and whether any, and, if any, what, alterations be necessary therein.

may

The House, resolved itself into a Committee of the Whole on the bill to repeal part of an act, entitled "An act to provide for mitigating the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned;" and, after some time spent therein, the Committee rose and reported their agreement to the same without amendment.

Ordered, That the said bill be engrossed, and read the third time to-morrow.

Resolved, That a committee be appointed to prepare and report a bill to continue in force "An act declaring the consent of Congress to a certain act of the State of Maryland," and to continue "An act declaring the consent of Congress to certain acts of the States of Maryland, Georgia, and Rhode Island and Providence Plantations, so far as the same respects the States of Georgia and Rhode Island ;" and that the Committee of Revisal, &c., do prepare and bring in the same.

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JANUARY, 1800.

TUESDAY, January 14.

"An act to provide for mitigating or remitting the An engrossed bill to repeal part of an act, entitled forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," was read the third time and passed.

Mr. GRISWOLD, from the Committee of Revisal and Unfinished Business, to whom it was referred States have expired, or are near expiring, made a to examine and report what laws of the United farther report, in part; which was read, and ordered to be committed to a Committee of the Whole

House to-morrow.

The House resolved itself into a Committee of the Whole on the motion to amend the "Act for laying duties on stamped vellum, parchment, and paper;" and, after some time spent therein, Mr. SPEAKER resumed the Chair, and Mr. MORRIS reported that the Committee had had the said motion under consideration, and come to a resolution thereupon; which he delivered in at the Clerk's table, where the same was twice read, and agreed to, as follows:

Resolved, That it is expedient so to amend the "Act for laying duties on stamped vellum, parchment, and paper," as to abolish the offices thereby established for the stamping of vellum, parchment. and paper. in the several districts of the United States, and to establish, at the seat of Government, one general office for that purpose.

Ordered, That a bill or bills be brought in, pursuant to the said resolution, and that the Committee of Ways and Means do prepare and bring in the same.

CASE OF MR. RANDOLPH.

A Message was received from the PRESIDENT of the UNITED STATES, as follows: Gentlemen of the House of Representatives:

As the enclosed letter, from a member of your House, received by me in the night of Saturday, the eleventh instant, relates to the privileges of the House, which, in my opinion, ought to be inquired into in the House itself, if anywhere, I have thought proper to submit the whole letter and its tendencies to your consideration, without any other comments on its matter or style: but, as no gross impropriety of conduct, on the part of persons holding commissions in the Army or Navy of the United States, ought to pass without due animadversion, have directed the Secretary of War and the Secretary of the Navy to investigate the conduct complained of, and to report to me, without delay, such a statement of facts as will enable me to decide on the course which duty and justice shall appear to prescribe.

JOHN ADAMS.

UNITED STATES, Jan. 14th, 1800.

CHAMBER OF REPRESENTATIVES OF THE U.S.,

11th January, 24th of Independence. SIR: Known to you only as holding, in common with yourself, the honorable station of servant to the same sovereign people, and disclaiming all pretensions to make to you any application which, in the general estimation of men, requires the preface of apology, I shall, without the circumlocution of compliment, proceed to state the cause which induces this address

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For words of a general nature, uttered on the floor of this House, and addressed, in my official capacity, to the Chairman of the Committee of the Whole, and urged with a view to effect the reduction of a Military Establishment, I have been grossly and publicly insulted, by two officers of the army (or navy, I know not which) with evident intention to provoke me to a conduct which, in some sort, might justify the hostile designs which they manifestly entertained towards me, and from the execution of which, I believe, they were only deterred by the presence of several of my friends (members of this House) who felt themselves implicated in an insult, which, although more particularly offered to one, was certainly levelled at all.

I am acquainted with the name of one only of these unfortunate young men, who appear to have made so false an estimate of true dignity of character; who seem to have mistaken brutality for spirit, and an armed combination against the person of an individual for an indication of courage. He was called, I think, McKnight-rank unknown,—and, to my best recollection, of the navy. Mr. Christie, a member of this House, appeared to know him; and that gentleman, with Capt. Campbell Smith, who, as I understood, endeavored to deter those rash youths from their scheme, and whose conduct would evince, if indeed there were any need of proof, that the character of the man and the citizen is not incompatible with the profession of the soldier, can give an account of the various instances of miscon duct which were exhibited by the parties. Mr. Van Rensselaer, the Lieutenant Governor of New York, Mr. Nicholson, Mr. Glenn, and Mr. Macon, of the House of Representatives, were likewise present at these trans

actions.

Having stated the fact, it would be derogatory to your character, sir, for me to point out the remedy, which it is your province to provide, nor shall I descend from the respect which I owe myself to declare what are not the considerations which govern my conduct on this occasion. So far as they relate to this application, addressed to you in a public capacity, they can only be supposed by you to be of a public nature; and it is enough for me to state that the independence of the Legislature has been attacked, the majesty of the people, of which you are the principal representative, insulted, and your authority contemned. In their name, I demand that a provision commensurate with the evil be made, and which will be calculated to deter others from any future attempt to introduce the reign of terror into our country. In addressing you, in the plain language of man, I give you, sir, the best proof that I can afford of the estimation in which I hold your office and your understanding; and I assure you with truth that I am, with respect, your JOHN RANDOLPH, Jr.

fellow citizen,

The PRESIDENT OF THE UNITED STATES. Mr. KITTERA moved that the Message and letter accompanying it be referred to a Select Committee.

Mr. RANDOLPH hoped it would not. It was far from his expectation, he said, when he addressed the letter now before the House to the President, that it would have been made the subject of a communication. Had he thought the House could have remedied the abuse complained of, he would have entered his complaint here; but he did not conceive it within their jurisdiction; and he was opposed to it, as being a bad precedent which might at some future period be prostituted to purposes

H. OF R.

injurious to the country. The power of the Commander-in-chief of the Army, in his opinion, was sufficient to afford a remedy, and to restrain men under his command from giving personal abuse and insult. And he therefore disclaimed any wish that the House should take measures for his protection.

The voice of the House appeared to be unanimous for the commitment, and several members expressed an opinion that the President, in submitting the subject to the House, had acted judiciousy, it being a question on which he could not, dare not, decide. It was a Constitutional prerogative vested in that House alone, and that House, after having a statement of facts, were to be the sole judges of them. The wish of the complainant to suspend inquiry ought not to have any weight; for if a member was to be insulted for language made use of in debate, there was an end to all legislation, and they might as well return to their homes at once.

The said Message, together with the letter acbe referred to Mr. CHAUNCEY GOODRICH, Mr. MAcompanying the same, were read, and ordered to CON, Mr. KITTERA, Mr. JONES, Mr. SEWALL, Mr. ROBERT WILLIAMS, and Mr. BAYARD.

The House then resolved itself into a Committee of the Whole on the bill to reform the Superior Court of the Territory of the United States Northwest of the river Ohio; and, after some time spent therein, rose and had leave to sit again.

WEDNESDAY, January 15.

Ordered, That Mr. MACON be excused from serving as a member of the committee to whom was referred the Message received, yesterday, from the President of the United States, and that Mr. HANNA be appointed in his stead.

On motion, it was

Resolved, That the Clerk of this House be directed to furnish each of the Members of this House with a set of the laws passed by the Fifth Congress of the United States.

The House proceeded to consider the report made on Monday last, by the committee to whom was referred so much of the President's Speech as relates to "a system of national defence, commensurate with our resources and the situation of our country," which lay on the table; and the same being again read, in the words following, to wit:

"That, in the opinion of the committee, no such material change in the state of the foreign relations of the United States has happened, as would justify a relinquishment of any of the means of defence heretofore adopted by Congress, but that the national honor and interest in the present posture of affairs make it pruevent: but while danger still threatens our country, yet dent and necessary to continue prepared for the worst circumstances having diminished the probability of an immediate invasion, the attention of the committee has been particularly directed to the state of the Military Establishment, with a view to reconcile safety with economy, to preserve the establishment, and retrench the expense. The annexed abstract and letter from the Secretary of War exhibit the state of the twelve

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new regiments of infantry, according to the latest returns. As these men have received their bounty and clothing, and are daily improving in discipline; as they would be useful in any sudden emergency, and the greater part of them may also be usefully employed, until wanted for actual service, on the fortification of ports and harbors, it is conceived proper to retain them, but to suspend the recruiting service until the approach of danger shall compel the Government to resume it. This project combines the advantage of an important reduction of the national expense, with that of having at command a body of officers ready for service upon short notice, and a number of disciplined troops sufficient for the present occasion.

"The committee, therefore, submit the following resolution :

"Resolved, That, from and after theday of next, all enlistments under an act, entitled "An act to augment the Army of the United States, and for other purposes," shall be suspended until the next session, unless war should break out between the United States and a foreign European Power, or in case imminent danger of invasion of their territory by any such Power shall, in the opinion of the President of the United States, be discovered to exist."

The question was taken that the House do agree to the resolution contained in the said report, and

resolved in the affirmative.

Ordered, That a bill or bills be brought in pursuant to the said resolution, and that Mr. OTIS. Mr. NICHOLAS, Mr. EDMOND, Mr. ABIEL FOSTER, Mr. CHAMPLIN, Mr. WALN, and Mr. HILL, do prepare and bring in the same.

JANUARY, 1800.

Ordered, That the said petition be referred to the committee appointed, on the twenty-fourth ultimo, to inquire whether any, and, if any, what, alterations are necessary in the laws authorizing the sale of the lands of the United States northwest of the Ohio.

Mr. Oris, from the committee to whom was referred, on the twenty-third ultimo, the petition of Robert Sturgeon, made a report; which he delivered in at the Clerk's table, where the same was twice read, and considered: Whereupon, from his confinement, upon a judgment in favor Resolved, That Robert Sturgeon be discharged of the United States, upon his making an assignment of all estate, real and personal, to which he may be entitled, to the acceptance of the Secretary of the Treasury: Provided, however, that the said judgment shall remain in full force against any property which he may hereafter acquire.

Ordered, That a bill or bills be brought in, pursuant to the said resolution; and that Mr. Oris, Mr. BIRD, and Mr. STONE, do prepare and bring in the same.

The House then resolved itself into a Committee of the Whole on the bill to suspend, in part, an act, entitled "An act to augment the Army of the United States ;" and, after some time spent therein, the Committee rose, reported progress, and had leave to sit again.

MONDAY, January 20.

A memorial of the General Assembly of the Ordered, That the Committee of the Whole Territory of the United States Northwest of the House to whom was referred the report of the Com- river Ohio, signed by Edward Tiffin, Speaker of mittee of Revisal and Unfinished Business, made the House of Representatives, and H. Vandeburg yesterday, recommending the appointment of a President of the Council, stating the unhappy situ committee to prepare and bring in a bill to con- ation of a large number of the citizens of the countinue in force, for a limited time, the act, entity of Hamilton, in the said Territory, residing on tled "An act further to suspend the commercial lands purchased from John Cleves Symmes, unintercourse between the United States and France, der a conviction that the said Symmes had a right and the dependencies thereof," be discharged from the consideration of the same; and that the said report be referred to the Committee of Commerce and Manufactures, with power to report thereon by bill or bills, or otherwise, and with instruction to inquire and report in what manner, and to what effect, the act suspending commercial intercourse

with France has been executed.

THURSDAY, January 16.

to dispose of the same in virtue of his contract with the United States; that, having paid their money into the hands of Judge Symmes, they are deprived of the means of making their payments, requesting that such indulgence may be extended as at present required by the United States; and to the said purchasers as to the wisdom of Con

gress may seem meet.

Ordered, That the said petition be referred to the committee appointed, on the twenty-fourth Mr. Oris, from the committee appointed, pre-alterations are necessary in the laws providing for ultimo, to inquire whether any, and, if any, what, sented a bill to suspend, in part, an act, entitled the sale of the lands of the United States North"An act to augment the Army of the United States, and for other purposes;" which was read west of the Ohio. twice and committed to a Committee of the Whole House to-morrow.

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the Whole on the bill to establish an uniform sys. The House resolved itself into a Committee of tem of bankruptcy throughout the United States; and, after some time spent therein, the Committee rose and had leave to sit again.

A Message was received from the PRESIDENT OF THE UNITED STATES, as follows:

Gentlemen of the Senate, and

Gentlemen of the House of Representatives :
In obedience to the law, I transmit to Congress my
annual account of the contingent fund.
JOHN ADAMS.

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The said Message, and account accompanying the same, were read, and ordered to lie on the table.

CASE OF MR. RANDOLPH.

Mr. C. GOODRICH, from the committee to whom was referred the Message of the President of the United States of the 14th instant, together with a letter from JOHN RANDOLPH, Jun., a member of the House, accompanying the same, made a report, which was read and ordered to lie on the table.

On motion, it was ordered, that the Message of the President, and Mr. RANDOLPH's letter to him, the report of the committee, and testimony accompanying it, be printed for the use of the members.

The reading of the testimony being called for, Mr. HARTLEY said, that as the whole was ordered to be printed, he thought it at present unnecessary, and therefore moved an adjournment. Upon the question, Will the House adjourn? it was negatived-yeas 35, nays 56.

The testimony was then read, as follows:

Mr. Randolph's statement to the Committee.
JANUARY 18, 1800,

24th year of Independence. SIR: A mature consideration of the subject induces me to suspect that a refusal on my part to communicate the information requested by you a few days ago could only have originated in a false delicacy, under the impulse of which I am determined never to act. I shall, therefore, proceed to state some instances of the misconduct of Captain McKnight and Lieutenant Reynolds, on the night of Friday, the 10th instant.

H. OF R.

which tended to the same point. Suffice it to say that their whole deportment exhibited an insolence, and their every act betokened a bold defiance, which can neither be defined nor mistaken; and which, according to the general received opinions of the world, would not only have justified but demanded chastisement.

Referring the committee to the numerous and authentic accounts of this transaction, which the gentlemen present are so well calculated to give, I remain with respect, sir, your fellow-citizen, JOHN RANDOLPH, JUN. The CHAIRMAN of the Committee, &c.

Mr. Christie's Affidavit.

On the 17th January, 1800, came the subscriber before the Hon. C. Goodrich, chairman of a committee of Congress, and being sworn, deposeth and saith, that, on Friday evening, the 10th of January, I was sitting in a box of the theatre: I was shortly after joined by Mr. Randolph, Mr. Nicholson, Mr. Macon, Mr. Baer, Mr. Glen, General Van Cortlandt and Mr. Van Rensselear, of New York; they all took seats near me; shortly after Mr. Baer went out of the box; the others remained; after the play was over, and about the time that the farce was beginning, I discovered in an adjoining box Captain McKnight and a gentleman, whose name I have since found to be Reynolds, both officers of the navy; I saw also in company with them Captain George Taylor, of this city; I saw them repeatedly look towards our box, and whispering to each other. When the procession came forward on the stage, Captain McKnight called out that they were well-looking mercenaries; I then began to discover, what I had before suspected, that some of these gentlemen intended to offer Mr. Randolph or some of us an insult, on account of the part we took in the House of Representatives respecting the army. It was my intention to have left the theatre early, but I remained, fearing a disturbance would take place be tween Mr. Randolph and those gentlemen, who manifestly evinced an intention of insulting him; Mr. Randolph took no notice of anything that was said; and I overheard a person (who it was I know not) say to Captain McKnight and Mr. Reynolds, “He does not hear you, go nearer to him;" Captain McKnight and Mr. Reynolds then left the box they were in, and came round into that in which we were, and got as close to Mr. Randolph as they could; so near as to touch him; Captain Taylor did not leave the box at the time they did, but remained behind; Captain McKnight called out to Captain Taylor, what do you think of these ragamuffins-these ragamuffins are not Pennsylvanians, they are black Virginia ragamuffins; Captain Taylor laughed, but made no reply; Captain McKnight and Mr. Reynolds afterwards repeated the words mercenaries and ragamuffins, and said that they were not well drilled, but would be better at the next session of Congress. Finding that none of us took any notice of what was said, Mr. Reynolds stepped with his feet on the seat on which Mr. Randolph was sitting, and sat down, although there was little or no room for a seat; he crowded Mr. Randolph in sitting down, and I believe sat upon his thigh; Mr. Randolph moved, to give as much room as he could. Mr. Reynolds remained for about fifteen minutes, and stepped back, upon which Captain McKnight came forward and took his place, observing the same conduct as Mr. Reynolds had done in It will be impossible for me, sir, to specify the various sitting down. Captain McKnight spoke to me, and minute actions of these persons and their associates | I gave him my hand; Captain George Taylor then

Exclusive of repeated allusions to what passed in the House of Representatives during the debate of the preceding day, and a frequent repetition of some words which fell from me during that discussion, in a manner so marked as to leave no doubt on my mind or that of Messrs. Van Rensselaer, Christie, or Macon, of their intention to insult me personally; finding me determined to take no notice of their words, they adopted a conduct which placed their designs beyond every possibility of doubt, and which they probably conceived to be calculated to force me into their measures. Mr. Christie had left his seat between me and the partition of the box; after which Mr. Van Rensselaer, who sat on the other side of me, lay down, so as to occupy a more than ordinary portion of room, and occasioned my removal to a part of Mr. Christie's former seat, leaving a very small vacancy between myself and the partition; into this Lieutenant Reynolds suddenly, and without requesting or giving time for room to be made for him, dropped with such violence as to bring our hips into contact; the shock was sufficient to occasion a slight degree of pain on my part, and for which it is probable he would in some degree have apologized had not the act been intentional.

Just before I left the box, one of them, I believe McKnight, gave me a sudden and violent pull by the cape of my coat; upon my demanding who it was, (this was the first instance in which I noticed their proceedings,) no answer was given; I then added, that I had long perceived an intention to insult me, and that the person offering it was a puppy. No reply that I heard was given.

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