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Kitabı oku: «Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)», sayfa 8

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TENTH CONGRESS. – SECOND SESSION.
PROCEEDINGS AND DEBATES
IN
THE HOUSE OF REPRESENTATIVES

Monday, November 7, 1808

This being the day appointed by law for the meeting of the present session, the following members of the House of Representatives appeared, and took their seats, to wit:

From New Hampshire– Daniel M. Durell, Francis Gardner, Jedediah K. Smith, and Clement Storer.
From Massachusetts– Ezekiel Bacon, Joseph Barker, Orchard Cook, Richard Cutts, Josiah Deane, William Ely, Isaiah L. Green, Daniel Ilsley, Edward St. Loe Livermore, Josiah Quincy, Ebenezer Seaver, William Stedman, Jabez Upham, and Joseph B. Varnum, (the Speaker.)
From Rhode Island– Isaac Wilbour.
From Connecticut– Epaphroditus Champion, Samuel W. Dana, John Davenport, jr., Jonathan O. Mosely, Timothy Pitkin, jr., Lewis B. Sturges, and Benjamin Tallmadge.
From Vermont– Martin Chittenden, James Elliot, and James Fisk.
From New York– John Blake, jr., John Harris, Reuben Humphreys, William Kirkpatrick, Gurdon S. Mumford, Samuel Riker, John Russell, Peter Swart, John Thompson, James I. Van Allen, Killian K. Van Rensselaer, and Daniel C. Verplanck.
From New Jersey– Adam Boyd, William Helms, John Lambert, Thomas Newbold, James Sloan, and Henry Southard.
From Pennsylvania– David Bard, Robert Brown, William Findlay, John Heister, William Hoge, William Milnor, Daniel Montgomery, jr., John Porter, John Pugh, John Rea, Matthias Richards, John Smilie, Samuel Smith, and Robert Whitehill.
From Maryland– Charles Goldsborough, William McCreery, John Montgomery, Nicholas R. Moore, and Archibald Van Horne.
From Virginia– Burwell Bassett, William A. Burwell, John Clopton, John Dawson, John W. Eppes, James M. Garnett, Peterson Goodwyn, Edwin Gray, David Holmes, John G. Jackson, Joseph Lewis, jr., John Love, John Morrow, Thomas Newton, John Smith, Abram Trigg, and Alexander Wilson.
From Kentucky– Joseph Desha, Benjamin Howard, and Richard M. Johnson.
From North Carolina– Willis Alston, jr., William Blackledge, Thomas Blount, John Culpeper, Nathaniel Macon, Lemuel Sawyer, and Richard Stanford.
From Tennessee– George W. Campbell, John Rhea, and Jesse Wharton.
From South Carolina– Lemuel J. Alston, William Butler, Joseph Calhoun, John Taylor, and David R. Williams.
From Georgia– William W. Bibb, and George M. Troup.
From Ohio– Jeremiah Morrow.
From the Mississippi Territory– George Poindexter, Delegate.

Two new members, to wit: Nathan Wilson, returned to serve in this House as a member for New York, in the room of David Thomas, who hath resigned his seat, and Thomas Gholson, jr., returned to serve as a member from Virginia, in the room of John Claiborne, deceased, appeared, produced their credentials, and took their seats in the House.

And a quorum, consisting of a majority of the whole number, being present, a message was received from the Senate, informing the House that a quorum of the Senate is assembled, and ready to proceed to business; the Senate have appointed a committee on their part, jointly with such committee as may be appointed on the part of this House, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them.

The oath or affirmation to support the Constitution of the United States was then administered to Mr. Nathan Wilson and Mr. Gholson, by Mr. Speaker, according to law.

Ordered, That a message be sent to the Senate to inform them that a quorum of this House is assembled, and ready to proceed to business; and that the Clerk of this House do go with the said message.

The House proceeded to consider the resolution of the Senate for the appointment of a joint committee of the two Houses to wait on the President of the United States and inform him that a quorum of the two Houses is assembled, and ready to receive any communication he may be pleased to make to them: Whereupon, the House agreed to the said resolution; and Mr. Macon, Mr. Quincy, and Mr. McCreery, were appointed the committee on their part.

Mr. Macon, from the joint committee appointed to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, reported that the committee had performed that service; and that the President signified to them he would make a communication, in writing, to this House, to-morrow at twelve o'clock, by way of Message.

Tuesday, November 8

Several other members, to wit: from Pennsylvania, Jacob Richards; from Virginia, Matthew Clay, and Walter Jones; and from South Carolina, Robert Marion, appeared, and took their seats in the House.

A new member, to wit, Samuel Shaw, returned to serve in this House as a member from the State of Vermont, in the room of James Witherell, who has resigned his seat, appeared, produced his credentials, was qualified, and took his seat in the House.

A message from the Senate informed the House that the Senate have resolved that two Chaplains, of different denominations, be appointed to Congress for the present session, who shall interchange weekly; to which they desire the concurrence of the House.

The House proceeded to consider the foregoing resolution of the Senate, and it was agreed to.

The Speaker laid before the House a letter from the Governor of the State Of Pennsylvania, enclosing a letter to him from Joseph Clay, the Representative for the district composed of the city and county of Philadelphia, and county of Delaware, in the said State, containing his resignation of a seat in this House; also a proclamation of the said Governor, and a certificate of the election of Benjamin Say, to serve as a member for the said district and State, in the room of the said Joseph Clay; which were read, and referred to the Committee of Elections.

Wednesday, November 9

Another member, to wit, Robert Jenkins, from Pennsylvania, appeared, and took his seat in the House.

The House proceeded in the reading of the documents accompanying the President's Message; which being concluded, on motion of Mr. Dawson, they were referred, together with the Message, to a Committee of the Whole on the state of the Union, and ordered to be printed.

On the question as to the number to be printed, it was moved by Mr. Fisk, and seconded by Mr. Dana, that ten thousand copies be printed. Negatived by a considerable majority.

Five thousand copies were then ordered to be printed.

The House was then cleared and the doors closed for the purpose of reading the confidential part of the President's Message.

Thursday, November 10

Several other members, to wit: from Virginia, Wilson Cary Nicholas and John Randolph; and from North Carolina, James Holland, appeared and took their seats in the House.

The House then proceeded, by ballot, to the appointment of a Chaplain to Congress, for the present session, on the part of the House; and upon examining the ballots, a majority of the votes of the whole House was found in favor of the Rev. Obadiah Brown.

Friday, November 11

Two other members, to wit: from Massachusetts, Samuel Taggart; and from Maryland, John Campbell, appeared, and took their seats in the House.

A new member, to wit, Richard S. Jackson, returned to serve in this House, as a member for the State of Rhode Island, in the room of Nehemiah Knight, deceased, appeared, produced his credentials, was qualified, and took his seat in the House.

Monday, November 14

Several other members, to wit: from New York, Josiah Masters; from Maryland, Philip B. Key; and from North Carolina, Thomas Kenan, appeared, and took their seats in the House.

Tuesday, November 15

Another member, to wit, James Kelly, from Pennsylvania, appeared, and took his seat in the House.

Wednesday, November 16

Another member, to wit, Roger Nelson, from Maryland, appeared, and took his seat in the House.

A new member, to wit, Benjamin Say, returned to serve in this House as a member from the State of Pennsylvania, in the room of Joseph Clay, who has resigned his seat, appeared, produced his credentials, was qualified, and took his seat in the House.

Miranda's Expedition

Mr. McCreery presented the petition of thirty-six American citizens, confined at Carthagena, in South America, under the sentence of slavery. The petition was read as follows:

Vaults of St. Clara, Carthagena, September 16, 1808.
To the honorable the Congress of the United States of America, in Congress assembled:
The petition of thirty-six American citizens confined at Carthagena, South America, under sentence of slavery, humbly showeth:
That we, your petitioners, were brought from New York in the armed ship Leander, Thomas Lewis, commander, on the 2d of February, 1806, together with a number of others, mostly inhabitants of that State and city, under the most specious engagements of their country; to establish which, they beg leave to state that Colonel William Smith, then Surveyor of the port of New York, William Armstrong, Daniel D. Durning, and John Fink, butcher, of the city of New York, declared they were authorized to enlist a number of men to go to New Orleans, to serve as guards to the United States mails, and a number of others as mechanics. Some backwardness on the part of your petitioners to engage being discovered by William Smith, he read passages from letters to prove his authority, and several paragraphs from newspapers to convince them of the validity of their engagements. William Armstrong and Daniel D. Durning were appointed to command them, and were to accompany them to the city of Washington, where they were to receive clothing and accoutrements, and thence to New Orleans. The ship Leander, owned by Samuel G. Ogden, and formerly in the St. Domingo trade, was procured for the conveyance of your petitioners to the city of Washington, for which purpose she was hauled down to the watering place, where your petitioners went on board her the 1st day of February, 1806, and the next day (the 2d) the ship put to sea. Shortly after, Miranda, under the name of Martin, and a number of persons hitherto unknown to your petitioners, appeared on board, in the character of his officers; which, for the first time, awakened strong suspicions in the breasts of your petitioners that they had been entrapped into the power of wicked and designing men, and that, too, when retreat was impracticable. From New York your petitioners were carried to Jacmel, in the island of St. Domingo, where they were exercised in military duty, under the most arbitrary stretch of power, by Miranda and his officers. At Jacmel several attempts to escape proved abortive, from the vigilance of our oppressors, they having procured guards to be stationed in all the passes leading from Jacmel to other parts of the island, where your petitioners might expect to receive aid and protection from their countrymen. At Jacmel two schooners were hired, on board of which your petitioners were sent, under the care of a number of officers, whose wariness still remained unabated; and on the 27th March, 1806, the ship, accompanied by the two schooners, proceeded towards the coast of Terra Firma, where, after touching at the island of Aruba for refreshments, she arrived on the 28th of April, when two armed vessels hove in sight, which after some manœuvring the ship engaged but soon ran away, leaving the two schooners to be captured. They were carried into Porto Cabello, where your petitioners were proceeded against as pirates, a number of warlike implements being found on board, which were placed there without the knowledge of your petitioners. And on the 12th July following, the process against us closed at Caraccas, sentencing ten, whom they considered to be criminally engaged, to be hanged and beheaded, and the remainder (your petitioners) to eight and ten years' slavery on the public works at Omoa, Bocca Chica, and the island of Porto Rico. Your petitioners were all sent to this place, where those sent to Bocca Chica were put to work, chained two-and-two, and the residue, in double irons and close confinement, strongly guarded, waiting for an opportunity to be sent to their respective places. Upon several occasions your petitioners were told by William Armstrong, Thomas Lewis, and others, that they were sent out by the Government of the United States. To prove to the satisfaction of your honorable body the truth of the above statement, your petitioners beg you will examine Robert Laverty, John Stagg, John Ritter, Matthew Morgan, Richard Platt, Adam Ten Brook, and John Miller, of New York, who were under the same engagements with your petitioners. Francis White and Thomas McAllister, butchers in the Bear market, New York; Mr. Brinkerhoff, tavern keeper, near the Bear market; David Williams, John Garret, and a Mr. Kemper, weighmaster, whose son was executed at Porto Cabello, were present when all or most of your petitioners were engaged, and can prove beyond all doubt that your petitioners could have had no other idea than that of entering into the service of the United States. Captain Bomberry, of the ship Mary, of Baltimore; Captain Israel, of the brig Robert and Mary; Captain Waldron, of the schooner Victory; and Captain Abbot, of the brig Charleston Packet, all of Philadelphia, were eye-witnesses to the tyranny and oppression under which your petitioners labored while at Jacmel. When the crew of the Bee, one of the schooners which was chartered by the Leander, refused to go in her, a number of officers from the ship, with Lewis at their head, came on board the Bee, and, after beating and cutting the men with sticks and sabres in the most brutal manner, dragged them on board the Leander, put them in irons under a strong guard, and kept them there until the moment of sailing, when they were sent on board the Bee, with orders to keep near and to leeward of the ship. Another man, who had effected his escape from a French privateer, and found his way to Jacmel, with the hope of getting a passage home in some of his country vessels, was seized at the instance of Thomas Lewis, commander of the Leander, and captain under Miranda, thrown into prison, and compelled to go in the expedition, or to starve in jail.
Your petitioners are confident, that, when your honorable body becomes thoroughly acquainted with the circumstances of art and deception which betrayed them into the expedition, the destination of which they had no knowledge until it was too late to retreat, you will not only punish such of their betrayers as are within reach of your power, but will adopt proper measures to restore your unfortunate petitioners to liberty and their families. We beg leave to mention that Jeremiah Powell, who was an officer of high confidence in the expedition, was pardoned without hesitation by the Spanish monarch, on the application of his father. Your petitioners have embraced many opportunities to convey to your honorable body the prayer of a petition, but, from the length of time elapsed since they sent off their last, and not hearing of any measures being adopted in their favor, they fear none ever arrived; and by the present opportunity several copies of this petition have been transmitted to gentlemen residing in different parts of the United States, with the hope that some of them may arrive safe.
Your petitioners cannot for a moment believe that the United States will suffer officers under her constitution to kidnap her citizens into expeditions and services fitted out and maintained by a foreign outlaw against powers with which she is at amity and peace, under the specious pretence of engaging them into the service of their country, without punishing the aggressors, and using every effort to regain her citizens. Such is the case of your unfortunate petitioners, who entreat you as children would a parent, to relieve them from total destruction, on the brink of which they have been thrown by the practise of frauds and villanies hitherto unheard of.
A short time since, a British ship of war arrived at this place, the commander of which, (Edward Kittoe, Esq.,) upon being applied to by nine of our companions, who declared themselves to be British-born subjects, and being made acquainted with the circumstances which led to our capture, immediately sent on a petition to the Viceroy of this Kingdom in behalf of us all, but particularly for such as are British subjects, whom we expect will eventually be liberated. Nothing but humanity and a strong desire to relieve distress could have induced Captain Kittoe to this step, who, we are confident, as much as ourselves, regrets its failure of success, and to whom we feel every way indebted, and shall ever recollect it with gratitude and thanks.
When your petitioners remonstrate against any harsh treatment of these people, they invariably ask, "Why don't your country liberate you? – it rests solely with them."
Your petitioners feel confident, from the justness of their claim to the interference and protection of the constituted authorities of their country, measures will be adopted to restore them to liberty; and having no doubt but your honorable body will afford them that protection which citizens have a right to claim from their country, your petitioners beg that your honorable body will convey them an answer, and your petitioners, as in duty bound, will ever pray, &c.
Robert Saunders, Benjamin Davis, Henry Sperry, Joseph Hickle, Ellery King, William Long, Daniel Newbury, Wm. Cartwright, Samuel Tozier, James Hyatt, Abram Head, Robert Stevenson, Samuel Price, Robert Reins, Hugh Smith, Benjamin Nicholson, Geo. Ferguson, Wm. Pride, Pompey Grant, David Heckle, Bennett B. Negus, John Moore, John M. Elliot, Henry Ingersoll, John Parcels, John Hayes, David Winton, Matthew Buchanan, Alexander Buchanan, Jas. W. Grant, John Edsall, Thomas Gill, Joseph Bennett, Phineas Raymond, Peter Nautly, Stephen Burtis.

Carthagena, August 12, 1808

On my arrival at this place, I was applied to in behalf of the unfortunate men captured under the orders of General Miranda, who are under sentence of transportation to the different public works at Omoa, Porto Rico, &c., among whom are several British subjects, (whose names are inserted below.) I am well aware of the enormity of their crime, as I understand they were taken without colors or papers; but, as a British officer, I consider it a duty to plead for those in distress, wherever they may be found; and I trust, from the known lenity of your Excellency's character, I shall not plead in vain. The men in question are originally of British descent, and are allied to my nation by many ties. They have no Consul – no Minister – to prefer the prayer of their petition to your Excellency, having been prevented by the war between our nations from making known their situation to the President of the United States. Suffer me, therefore to address your Excellency, and beg for their release, on a solemn promise that they will never be found again in arms on a similar occasion. As I am the hearer of welcome tidings to the inhabitants of the province under your Excellency's command, make me also the hearer of them to the unhappy sufferers now confined in Carthagena. It is true, I am unauthorized to make this request in the name of the British Government for the men in general, but I am convinced the step will be approved; and if your Excellency will lend a favorable ear to my petition the circumstance will not pass unnoticed on their part; at all events, your Excellency will have the prayer of many individuals for your eternal happiness, and among them will be found (not the least fervent) those of your Excellency's most humble servant,
EDWARD KITTOE,
Com. H. B. M. ship Sabina.

P. S. – If my request for the liberation of all General Miranda's men is by your Excellency deemed unreasonable or improper, I beg to confine it particularly to such as are British subjects: that is an indispensable duty I owe to them and my country.