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."