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 manoeuvring 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.
_Names of British subjects under sentence of transportation at
Carthagena._
John Moore, Peter Nautly, John Hayes, Thomas Gill, Joseph Bennett,
James Grant, Samuel Tozier, Robert Stevenson, and Hugh Smith, (a boy.)
_Territorial Governments._