Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)

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.

Tuesday, March 24

Limitation of Claims on the Government

The House proceeded to consider the report of the Committee of the Whole on the following resolution:

"Resolved, That it is expedient to make provision by law for the payment of the following descriptions of claims, to wit: – 1. Loan office certificates; 2. Indents of interest on public debt; 3. Final settlement certificates; 4. Commissioners' certificates; 5. Army certificates; 6. Credits given in lieu of army certificates cancelled; 7. Credits for the pay of the army for which no certificates were issued; 8. Invalid pensions; 9. Lost or destroyed certificates – notwithstanding any statute of limitation to the contrary, under such restrictions as shall insure payment only to the original claimant, his heirs, executors, or administrators."

The resolution was agreed to, and referred to the Committee of Claims to bring in a bill pursuant thereto.

French Spoliations

Mr. Pitkin said that he held in his hand a statement and representation, on oath, of Captain Samuel Chew, of New Haven, in the State of Connecticut, which he would beg leave to present to the House. Captain Chew states, that he was supercargo on board the brig Thames, and on the 19th of January, 1812, sailed from St. Ubes, bound to New Haven, with a cargo of salt and fruit; that on the 2d of July following, the brig was taken possession of by a French squadron, consisting of two frigates of forty-four guns each, and a sloop of war of sixteen guns, under the command of Commodore Forretin, and that he was told by the officer boarding him, that the brig would be burnt the next morning. That the officers of the squadron informed him that they sailed from Nantes on the 8th of January. That on board the French vessels were the crews of the ship Asia, from Philadelphia, bound to Lisbon, and of the brig Gershom, of Duxbury, last from Boston, bound to Oporto, both laden with corn and flour. That the officers of the squadron informed him, that, on the 17th and 23d of January, they had captured and burnt the ship Asia and brig Gershom. He also states that he inquired of the Commodore the reasons of burning them, and was informed by him that he had orders from the Government to burn all American vessels sailing to or from an enemy's port. That, on the 3d of February, the Commodore put on board the Thames the captains and crews of the vessels burnt, being thirty-seven in number, to be landed in the first port, and that, on the 16th day of July, he landed them at St. Bartholomews. Captain Chew states likewise, that when the Commodore released the Thames, he gave him a document or writing, subscribed with his own hand, and written in the French language, and which is annexed to his statement. This document contains a list of names of the men composing the crews of the vessels captured; it also states that they were captured on voyages from Philadelphia and Boston to Lisbon, laden with grain and flour, by the division under the command of Monsieur Forretin, Member of the Legion of Honor, and that they were captured in pursuance of the instructions of the Minister of Marine and the Colonies.

Mr. P. said that this statement, with the original document annexed, in the French language, and under the hand of the commodore of the squadron, had been forwarded here, for the information of the Government; that the character of Captain Chew was such as to entitle him to full credit wherever he was known. Believing, therefore, as he did, in the truth of these statements, and that the document annexed is genuine, he thought it his duty to present it to the House for their information. The House, after hearing them read, can dispose of them by referring them to the Secretary of State, or otherwise, as they may think proper.

The papers presented by Mr. Pitkin having been read,

Mr. McKim moved that they lie on the table until time should be afforded for the arrival of those persons in the United States whose testimony might confirm the facts stated.

Mr. Pitkin also wished them to lie on the table, that they might be examined by gentlemen, and receive that attention to which the importance of their contents might entitle them.

The papers were accordingly ordered to lie on the table.

Thursday, April 2

Virginia Military Bounty Land

Mr. Nelson, from the committee to whom the subject had been referred, made a report, concluding with the following resolution:

Resolved, That provision should be made for securing to both officers and soldiers of the Revolutionary army of Virginia on that establishment, in the land or sea service of the said State, the county lands which were promised to them, either by law or resolution of the said Commonwealth, out of the lands not otherwise appropriated, and lying on the northwest of the river Ohio, within the Virginia cession, to be of good quality, according to the true intent and meaning of the promises made on the part of Virginia; and that if a sufficiency of good land, within the meaning aforesaid, cannot there be found, that these bounties shall be satisfied out of any other public lands of the United States not otherwise appropriated.

The report was referred to a Committee of the Whole.

Monday, April 6

Publication of Secret Proceedings

Mr. Grundy, from a committee which had been appointed while the House was sitting with closed doors, made the following report:

The committee, to whom was referred the resolution directing an inquiry to be made, whether there has been any, and if any, what violation of the secrecy imposed by this House, during the present session, as to certain of its proceedings, have, according to order, proceeded in said inquiry, and beg leave to state, that, under the authority with which they were invested by the House, they have caused to come before them four witnesses, whose testimony on oath is as follows, to wit:

Charles Prentiss states that he furnished to the editors of the "Spirit of Seventy-six," a paper printed in Georgetown, the paragraph giving an account of the proceedings of the House of Representatives, while sitting with closed doors, on the subject of the embargo; and he further says, that he did not receive the information, or any part thereof, which enabled him to write said paragraph, from any member of Congress or officer of the House. Upon being interrogated, he states that he received the whole of his information from Nathaniel Rounsavell, one of the editors of the Alexandria Herald; that he received it on Wednesday late at night, and he asked of Mr. Rounsavell whether the injunction of secrecy had been removed. Rounsavell replied that he had not inquired. On Thursday morning the witness spoke to some of the members on the subject, and from their conduct he was satisfied that the injunction of secrecy had not been removed; notwithstanding which, the witness sent the paragraph above alluded to, to the editors of the Spirit of Seventy-Six on Thursday.

John M. Carter and James B. Carter, editors of the "Spirit of Seventy-Six," state that they received from Mr. Prentiss, in writing, the statement which appeared in their paper; that they received no information on the subject from any member or officer of the House.

Nathaniel Rounsavell, upon being interrogated, says he composed the paragraph which appeared in the Alexandria Herald of Friday last, containing a statement of the secret proceedings of the House of Representatives upon the subject of the embargo; that he on Wednesday night, after the adjournment of the House, derived a part of the information, on which he was enabled to give the detailed account, from the conversation of members of the House with whom he accidentally fell in company; that he was acquainted with the members, and they with him; they knew he was present; he partook in some degree in the conversation.

Question by the committee – From the conversation of what members did you collect the information of which you have spoken?