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Wednesday, March 18

State of Louisiana

The House resolved itself into a Committee of the Whole, on the bill for the admission of the State of Louisiana (now Orleans Territory) into the Union, and for extending the laws of the United States to the same.

The several blanks in the bill having been filled —

Mr. Poindexter observed, that it appeared to have been the sense of this House, when the bill for erecting the Mississippi Territory into a State was under consideration, that the portion of the territory taken possession of under the President's proclamation (known by the name of West Florida) which lies West of Pearl River, should be added to the State of Orleans. The constitution had provided that new territory might be added to the States with their consent. As it was not provided by the constitution which party should first assent, he presumed it was not material; and, as this appeared to be the proper moment for fixing the boundary, he was induced to offer the following amendment to the bill.

"And be it further enacted, That so soon as the consent of the Legislature of said State shall be given to the same, all that tract of country lying within the following boundaries, to wit: beginning at the junction of the Iberville, with the river Mississippi; thence through the middle of the Lakes Maurepas and Pontchartrain, to the western junction of Pearl River, to Lake Pontchartrain; thence up said river to the thirty-first degree of latitude; thence along said degree of latitude to the river Mississippi; thence down the same to the beginning; be, and the same is hereby incorporated in, and made a part of said State, and shall be governed by the constitution and laws thereof, in the same manner as if it had been included within the original boundaries of said State. Provided, nevertheless, That the title of the United States to said tract of country shall be and remain subject to future negotiation."

Mr. Dawson said this question had been agitated in the select committee, but it had appeared proper to them that this addition of territory should be made the subject of a separate law. If they went so far, they must go farther still into details. He thought it better that the law accepting the constitution should be as simple as possible.

Mr. Clay (Speaker) could not view the subject in the same light, he said, as the gentleman from Virginia; and although there had been a division of sentiment in the select committee, there certainly were some members of that committee in favor of the motion. But, could gentlemen imagine any difficulty growing out of making this section a part of the present bill, which would not equally arise if it were put in a separate bill? There could be no difficulty in either way; and in propriety, it appeared to him the course now proposed ought to be pursued. They were about to admit a new State into the Union. Should not the bill, which recognized it, present the whole limits of the State in one view, or would it be better to subject inquirers to the necessity of wading through two or three acts to find out the boundary of a single State? He hoped the motion would prevail.

The motion was agreed to, 47 to 25.

Mr. Clay said he observed there had been no ordinance passed by the convention recognizing the freedom of navigation of the Mississippi. He had no idea that under any circumstances, the Legislature of the new State would impede the navigation; but the object was one so dear to the people of the Western country generally, that he wished to place it beyond the possibility of doubt.

The amendment was adopted without a division.

Mr. Johnson said, that as the matter now stood, the population of the Florida Territory attached to this bill would, although they are to compose a part of the new State, be deprived of a voice in the passage of the first laws, which are always the most important under a new government, and in the choice of Senators in Congress, which would be attended with the greatest hardship, as the population had been unrepresented for some time past, and complained of various grievances. He, therefore, moved an amendment to the bill, to divide the territory to be annexed to Louisiana into two counties, to be called Feliciana and Baton Rouge, each to send one Senator and one Representative.

Mr. Poindexter wished the people of that country to be represented as much as the gentleman possibly could; but how could Congress in one breath say they should form a part of the new State as soon as its consent could be had, and in the next section declare, though by the very terms of the law they are not a part of the State, that they shall be represented in the Legislature of the State?

Mr. Clay said he had understood that a memorial was in the city, and would be presented to the House at the first opportunity, from the Convention of Orleans, praying the annexation of the territory in question to the new State. When that was before them, the committee would be better able to understand how far they could now proceed in sanctioning the representation of that territory in the Louisiana Legislature. He therefore moved that the committee now rise, report progress, and ask leave to sit again.

Agreed to, and the committee rose.

Thursday, March 19

Disclosures of Mr. Henry

Mr. Porter, from the Committee of Foreign Relations, to whom was referred the Message of the President of the United States, transmitting the disclosures of Mr. Henry, a British Secret Agent, made the following report:

The Committee of Foreign Relations, to whom was referred the President's Message, of the 9th instant, covering copies of certain documents communicated to him by a Mr. John Henry, beg leave to report, in part, that although they did not deem it necessary or proper to go into an investigation of the authenticity of documents communicated to Congress, on the responsibility of a co-ordinate branch of the Government, it may, nevertheless, be satisfactory to the House to be informed that the original papers, with the evidences relating to them in possession of the Executive, were submitted to their examination, and were such as fully to satisfy the committee of their genuineness.

The circumstances under which the disclosures of Henry were made to the Government, involving considerations of political expediency, have prevented the committee from making those disclosures the basis of any proceeding against him. And, from the careful concealment, on his part, of every circumstance which could lead to the discovery and punishment of any individuals within the United States (should there be any such) who were criminally connected with him, no distinct object was presented to the committee by his communication for the exercise of the power with which they were invested, of sending for persons and papers. On being informed, however, that there was a foreigner in the city of Washington, who lately came to this country from Europe with Henry, and was supposed to be in his confidence, the committee thought proper to send for him. His examination, taken under oath and reduced to writing, they herewith submit to the House.

The transaction disclosed by the President's Message presents to the mind of the committee conclusive evidence that the British Government, at a period of peace, and during the most friendly professions, have been deliberately and perfidiously pursuing measures to divide these States, and to involve our citizens in all the guilt of treason, and the horrors of a civil war. It is not, however, the intention of the committee to dwell upon a proceeding, which, at all times, and among all nations, has been considered as one of the most aggravated character; and which, from the nature of our Government, depending on a virtuous union of sentiment, ought to be regarded by us with the deepest abhorrence.

[Document accompanying the above report.]

Friday, March 13. —Count Edward de Crillon sworn.– This deponent knows Mr. Henry; he dined with him at Mr. Wellesley Pole's, in September, and afterwards at Lord Yarmouth's; met with him also at different fashionable clubs; deponent fell in with Mr. H. subsequently by accident; deponent had ordered his servants to procure him a passage for America; they met with Captain Tracy, of the ship New Galen, of Boston, at the New London Coffee House. After agreeing with him on the terms of the passage, Captain T. applied to deponent to know if he was ready to embark the next day, as the ship would sail on the following morning; deponent said no; that he should send his servants on board, but should take a post-chaise for Portsmouth, and pass over to the Isle of Wight, where he should wait for the vessel. On the day following he went accordingly to Portsmouth, but before his departure he received a letter from Captain Tracy, couched in the following terms: "Sir, you must go to Ryde, where you shall find a gentleman called Captain Henry, waiting for the New Galen; I shall send a boat on shore for both of you." Deponent went to Ryde, but did not find Captain H. there; thence he proceeded to Cowes, and inquired of the American Consul "if the New Galen had passed?" fearing that she had sailed without him. The Consul informed him that the ship was detained in the Downs by head winds; deponent returned to Ryde, and remained there three weeks alone before Captain H. arrived. Captain H. came to him and told him that the ship was badly found, and advised him to go to Liverpool and take the packet; deponent refused, having paid his passage and his trunks being on board. Captain H. three days after his arrival, fell sick; he kept his bed twenty-two days, during which time he was often delirious, frequently uttering the name of Lord Liverpool. The deponent having two servants, one of them attended on Mr. H. during his illness. He was visited by Mr. Powell, of Philadelphia, a Mr. Wilkinson, or Dickson, of the British army, and a Mr. Perkins, of Boston; he received above two hundred letters from a Boston house, [Higginsons,] in Finsbury Square, that had lately stopped payment. He refused to take the letters, giving them to the Captain. Mr. H. was also visited by a Mr. Bagholt, who brought him letters from Sir James Craig. Henry refused to receive those letters. He recovered from his sickness. Deponent occupying the most agreeable house in the place, Henry's physicians asked the favor of an apartment for him until he was ready to embark. After eight weeks' detention, the wind became fair, and the vessel sailed. The day before her departure, Mr. Bagholt arrived at Ryde, with letters from Lord Liverpool to Sir George Prevost, and to Mr. Henry, who, when he saw the seal of the letter addressed to him, said, throwing it on the table, "that is a letter from Liverpool; what more does he want of me?" He appeared to be much agitated, and retired to his room. Mr. Bagholt returned that night to London without taking leave; but the wind coming fair the next morning the ship sailed. Mr. Edward Wyer, and Mr. West, both of Boston, and a Mrs. Thompson, of London, were passengers in the ship. Henry at first appeared very low spirited, took a cabin to himself, and mostly dined alone. In good weather he employed himself in shooting pistols, at which he was very expert. One dark night, about ten o'clock, the witness was walking on deck much dejected, when Henry accosted him – "Count Crillon," said he, "you have not confidence in me; you are unhappy; confide your sorrows to me." He spoke so kindly that deponent made him in part acquainted with his situation. He replied, "one confidence deserves another; I will now tell you my situation. I have been very ill-treated by the British Government. I was born in Ireland, of one of the first families in that country, poor, because a younger brother. I went to America with expectations from an uncle, (Daniel McCormick, Esq., of New York,) who possesses a large fortune, is old and unmarried. French persecution having exiled from that country many of the respectable families of France, I married a lady of that description, who died, and left two daughters without fortune. I applied to the American Government, and through the influence of the British Minister I was appointed captain of artillery during Mr. Adams's Administration. I had command at Portland, and at the fort near Boston, and while in commission, I was employed in quelling a meeting or insurrection among the soldiery, and during my continuance in office I gave general satisfaction. But perceiving there was no field for my ambition I purchased an estate in Vermont, near the Canada line, and there studied law for five years without stirring from home. I detest republican government, and I filled the newspapers with essays against it."

Saturday, March 14. —Count C. in continuation.

Deponent says that Henry told him in the course of his interview, which he mentioned yesterday, that the severity of his strictures in the public prints against republican government attracted the attention of the British Government. "Sir James Craig," continued he, "became desirous of my acquaintance. He invited me to Quebec, where I staid some time. Hence I went to Montreal, where every thing I had to fear, and all I had to hope, was disclosed to me. I went afterwards to Boston, where I established my usual residence. I was surrounded by all the people pointed out to me by the agents who were under my orders. I lived at the Exchange Coffee House, gave large parties, made excursions into the country, and received an order extraordinary from Sir James Craig to dispose of the fleet at Halifax, and of the troops, to further the object of my mission, if required. My devotion to the cause was extreme. I exhausted all my funds. I spent many precious years in the service; and was advised to proceed to London. The Government treated me with great kindness. I was received in the highest circles; was complimented with a ticket as member of the Pitt Club, without being balloted for. And when I had spent all my money, and presented my claims for retribution, the Government attempted to cheapen my services, [marchander,] to beat me down. My claims were to the amount of £32,000 sterling. I was told, however, that I should be provided for, by a recommendation to Sir George Prevost, in case I would return to Canada, and continue my mission and services as before; and to exercise the same vigilance over the interests of the British Government. At the same time, the Government appointed a friend of mine, an Irish gentleman, Attorney General for Canada, through my influence." [Deponent saw this gentleman at Mr. Gilbert Robertson's in New York.] Henry continued: "Disappointed in my expectations, I was impatient to proceed to Canada to sell my estates and my library, and take my revenge against the British Government. I knew that if I went to Canada I must deliver up my despatches, and that I should afterwards be put off by the Government. I, therefore, determined to retain the documents in my possession, as the instrument of my revenge. Determined to extricate myself from my embarrassing connection with the British Government, I refused the offer of a passage to Halifax in one of their ships of war, and determined to live privately and retired at Ryde, and take passage in the first vessel that should sail for the United States. This is the cause of your meeting me at Ryde."

Deponent represents to Henry, "That England was his legitimate Government; that he would render himself the most odious of all characters by betraying it; that his (the deponent's) Government had treated him harshly, and that he then labored under its displeasure, but no consideration should induce him to act against it; that we must not resent a parent's injuries; tells him to have patience, and wait for his reward." Henry then pleaded in his justification the wrongs of his native country – Ireland – inflicted by the British Government.

Henry came down to Washington, and stopped at Tomlinson's, where deponent saw him. He afterwards removed to Georgetown, to the house of one Davis, an auctioneer, where the deponent visited him every day, and found him always occupied. Deponent waited for his disclosures, not having any disposition to pry into his secrets; but Henry was entirely silent, and incessantly sighing very deeply. On the day of General Blount's funeral, deponent took Henry down to Alexandria, in expectation that he might communicate his projects; but he was still reserved. After dinner they returned, and while in the carriage, Henry tells deponent "that he has great confidence in him; that he (deponent) has been here some time, and asks his opinion of Mr. Monroe." Deponent answered that he was very little acquainted with any body, but thought Mr. Monroe a most virtuous and respectable man.

Deponent remained several days without hearing any thing more, until one morning at 7 o'clock, Henry came into his apartment and said – "Crillon! you must sell me St. Martial," [an estate of the deponent's in Lebeur, near the Spanish frontier;] "you have the title papers with you. My name will be rescued from oblivion by living near Crillon, the habitation of your ancestors, and of a man who has been my friend." Deponent answered that he had no objection; and, if Henry on seeing the property was not satisfied, he would give orders to his agent in France to cancel the bargain. The conveyance was accordingly made.²⁵ Henry left deponent, when Mr. Brent, to whom Henry was not introduced, came into the deponent's apartment. About this time, deponent received four anonymous threatening letters, and was advised by his friends that he was surrounded by spies; but he told them that he had nothing to fear – that he was "sans peur et sans reproche." By one of these letters I was advised to leave the city before 12 o'clock, as a person had just arrived from London with orders to arrest me.

Meanwhile rumors circulated very generally to the deponent's prejudice, and he was under the necessity of vindicating his character, and of correcting the author of those reports.

The Message of the President gave the deponent the first intelligence of the true state of the transaction.

Henry told the deponent that a Mr. Gilvary, or Gillivray, from Quebec, had come to him at New York, to persuade him to go to Canada; but Henry said "he would not – that the Rubicon was passed."

Henry kept the first company at Boston.

Being questioned if Henry had mentioned the names of any person with whom he had conferred? deponent answered "None."

Deponent landed at Boston, December 24, 1811; staid there about ten or twelve days. Visited Governor Gerry twice.

Question – Do you know where Henry is now?

Answer – No. By report, I hear he is in New York.

Deponent left Boston in the public stage. Henry was also a passenger. But at New Haven deponent took a private carriage to himself.

COUNT E. DE CRILLON.

The report having been read, was, on motion of Mr. Porter ordered to lie on the table.

Friday, March 20

Admission of Louisiana

The bill for the admission of the State of Louisiana into the Union, and to extend the laws of the United States thereto, was read a third time, and passed, without debate – yeas 79, nays 23, as follows:

Yeas. – William Anderson, Stevenson Archer, Ezekiel Bacon, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Adam Boyd, James Breckenridge, Robert Brown, William A. Burwell, William Butler, Matthew Clay, Lewis Condict, William Crawford, Roger Davis, John Dawson, Samuel Dinsmoor, William Findlay, James Fisk, Meshack Franklin, Thomas Gholson, Thomas R. Gold, Peterson Goodwin, Edwin Gray, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Philip B. Key, William R. King, Abner Lacock, Peter Little, William Lowndes, Aaron Lyle, William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf, Samuel L. Mitchill, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newbold, Thomas Newton, Stephen Ormsby, Israel Pickens, James Pleasants, jr., Benjamin Pond, William M. Richardson, Henry M. Ridgely, Samuel Ringgold, John Rhea, John Roane, William Rodman, Ebenezer Sage, Ebenezer Seaver, Samuel Shaw, Daniel Sheffey, John Smilie, George Smith, John Smith, Richard Stanford, Samuel Taggart, John Taliaferro, Uri Tracy, George M. Troup, Charles Turner, junior, Pierre Van Cortlandt, junior, Robert Whitehill, David R. Williams, Thomas Wilson, Robert Wright, and Richard Wynn.

Nays. – Harmanus Bleecker, Epaphroditus Champion, Martin Chittenden, William Ely, James Emott, Asa Fitch, Richard Jackson, junior, Lyman Law, Joseph Lewis, junior, Robert Le Roy Livingston, James Milnor, Jonathan O. Mosely, Joseph Pearson, Timothy Pitkin, junior, Josiah Quincy, William Reed, Thomas Sammons, Adam Seybert, Philip Stuart, Lewis B. Sturges, Benjamin Tallmadge, Laban Wheaton, and Leonard White.