the Federalists ought to resist the second; yet when Bayard's amendment came to a vote, it was unanimously adopted.[1] The House disagreed; the Senate insisted, and Giles led the Senate, affirming that he had drawn the form of summons, and that this form made no distinction between the witnesses for one party and the other. The argument was not decisive, for the court records showed at once by whom each witness was called; but Giles's reasoning satisfied the Senate, and led to his appointment, March 3, with Bradley, an enemy of impeachment, as conferrees to meet Randolph, Nicholson,, and Early on the part of the House. They disagreed; and Randolph, with his friends, felt that Giles and the Senate had inflicted on them a grievous insult. The Report of the conference committee was received by the House at about seven o'clock on the evening of March 3, when the Eighth Congress was drawing its last breath. Randolph, who reported the disagreement, moved that the House adhere; and having thus destroyed the Bill, he next moved that the Clerk of the House should be directed to pay the witnesses, or any other expense certified by the managers, from the contingent fund. He would have carried his point, although it violated every financial profession of the Republican party, but that the House was thin, and the Federalists, by refusing to vote, prevented a quorum. At half-past nine o'clock on Sunday night, the 3d of March, 1805, the Eighth Congress
- ↑ Diary of J. Q. Adams (March 2, 1805), i. 367.
