on this question than ever was for the fate of any of the many American seamen whipped to death on board British ships of war. Why all this sensibility for this sort of people? I do not want them, sir. They were employed to go-where? With Miranda, they did not know where. I do not believe that any man in the nation could be stupid enough to believe all the stories that are said to have been told them; that they were to be put on board a ship to go to Washington, to guard the mail to New Orleans; as though men could be put on board a ship with a large armed force for that purpose. Those who have more faith than I may give credit to the tale. We have had a great deal of law on this subject, sir, as we often have; and I would not care that I had a little of it, for I think it helps out a bad cause. It is said that the law only punishes the intention. I say we have nothing to do with these men or the degree of their crime. They are at Carthagena, and there let them stay. June, 1809. to go on board they would have got a writ of habeas corpus or some other relief. This project of the invasion of South America is about twenty years old; something like in England, what was a popular theme among the common people, getting rich in the war by Spanish prizes. And whenever we go to South America, we shall get rich just in the same way. How was it possible that in such a city as New York, where people frequently meet and converse one with another, people should be so totally ignorant of their rights as to suffer themselves to be put on board a vessel without their consent by General Miranda, who had not been here more than six months? I do not doubt the sincerity of the faith of other gentlemen; but I must have my own. The same story does not appear to have been held out to any three of them; but these men are all together, and have an opportunity to compare notes; and it seems that they agree that General Miranda, who was at the head of the gang, assumed the name of Martin. If these men were so averse to the Spanish expedition, why had they not common sense? They would then have told the Spanish Government that they were trepanned and had in vain attempted to make their escape, being compelled to serve in Miranda's expedition. They might then all, or many of them, have escaped punishment. I had thought that the British Government had owned Miranda-and I believe the late Administration never were charged, whatever else was al We are asked to appropriate $3,500, for the purpose of sending for them. Is it possible that $3,500 will be sufficient to send a negotiator to negotiate with the Junta, with Ferdinand, or with Joseph? If it is, we shall send a Minister at less expense than we have ever done before. But put down fifty cents in the appropriation bill, and it | will be as adequate as any sum you can name. Begin the work, and you must finish it; that is the short and long of it. It is not the money, though a very good thing in a Government, that I object to. I want all American citizens to knowleged against them, with acting in concert with that if they engage in any nefarious transactions, by which their fellow-citizens may be involved in war, the nation will not extend its hand to relieve them from any difficulty they may get into. Let them follow Burr, Miranda, or any one else, and share their fate. The responsibility is as great if you take a cent from the Treasury as if you take a million. I am a thorough-going Committee of Claims man; I will not pay a cent but on principle. In the neighborhood in which I live we scarcely know law; but, as I understand, a man will be hung for stealing a horse. And notwithstanding all the fine-spun theories on the gradation of punishments, I believe that there are more rogues elsewhere than with us, where we now and then hang a man. I always have contended that the power of pardon is one which in the nature of it will be abused. I had rather always give men a chance, and let them run away. We are told, too, that these men were opposed to going on board. If so, how did they get on board? Could they not have applied for a writ of habeas corpus? Were there no lawyers, justices of peace, or judges in the city of New Yorkor were they so totally ignorant of the laws of their country that they did not apply for it? The committee have told us that they are under a persuasion that the allegations of these men were true. This however seems to be wholly a matter of faith, for they have given the House no documents on which they grounded their belief. Sir, I have no faith. I believe if they did not want the British Government; and I thought that the exposure of this transaction on the trial of Sir Home Popham had completely cleared the American Government from any suspicion of an agency in it. It has been said that these men are Americans, and entitled to the protection of the nation. I do not doubt that they are Americans by birth; but they have not American feelings. I think less of such men than I do of the foreigner naturalized here, and who yet feels for the country of his birth. This Government was too free for them, and they wished to attach themselves to the fortunes of a foreign despot. They did so; and I am unwilling to give one cent of the public money to relieve them from the situation in which they have placed themselves. On a motion that the Committee rise, there were for it fifty-two, against it fifty-one. The Chairman tied the vote. The Committee refused to fill the blank, 49 to 38. The resolution was then agreed to, 43 to 41. The Committee having risen and reported, the House adjourned. WEDNESDAY, June 14. Mr. NEWTON, from the Committee of Commerce and Manufactures, presented a bill to relinquish and remit the claim of the United States to any moneys arising from the condemnation of the ship Clara, late the property of Andrew Foster and Jacob P. Giraud; which was read twice, JUNE, 1809. Maritime Jurisdiction—Miranda's Expedition. H. of R. and committed to a Committee of the Whole to-headland to another, along the coasts of the United States; and that the committee have leave to report by bill or otherwise. morrow. Mr. NEWTON, from the same committee, to whom was referred the petition of Andrew Foster and Jacob P. Giraud, also reported a detailed statement of the facts relating to the case of the petitioners; which was read, and referred to the same Committee of the Whole. On motion of Mr. MORROW, the Committee on the Public Lands were discharged from the further consideration of the report of the Governor and Judges of the Territory of Michigan, referred to them on the sixth instant. MARITIME JURISDICTION. Mr. DANA observed on the importance of distinctly ascertaining the maritime jurisdictional line of the United States. He said that the present distance from shore, within which immunity from belligerent search was allowed, was a maritime league. He believed that, as respected the interest of the United States, it was at the option of Government, without any stipulation by treaty, to take a wider range. As respected the distance of a marine league from the shore, of immunity from capture, it might be claimed in any case by the Government of this country, and by all neutral Powers; but for the purposes of Government itself, without being pledged to any other Power, he contended that Government had another claim which it might assume whenever it considered it expedient. Immunity from belligerent seizures might be claimed for a maritime league in every supposable case by a neutral Power. Beyond the distance of a maritime league, in favor of commerce or public revenue, it was at our option to extend the jurisdiction of the United States over all anchorage grounds contiguous, and over all the waters within the headlands along the shore. Viewing it as an optionary privilege which the Government of the United States might exercise, he thought it would be clearly for their benefit so to do. He said it would doubtless be recollected, that we had often heard much of the violent death of Pierce, and similar aggressions, but we had heard of no attempt to prevent such in future. His object would be to prevent a recurrence of such collisions. In order to bring this subject before the House in such a manner as could not possibly affect any negotiation now carrying on, he moved as follows: Resolved, That a committee be appointed to inquire into the propriety of adopting any legislative provision respecting the extent of the maritime precincts of the United States, and the safeguard of navigation within the same, and whether, in addition to the existing provision against captures within a maritime league from any part of the shores, it would be proper, by law, to authorize the President of the United States, for the benefit of the commercial interests or revenue thereof, after causing reasonable notification to be given, when he may deem it expedient, to prohibit foreign armed vessels from seizing or molesting any coasting vessel or merchant vessels bound to or from the United States, whenever the same may be in any of the roadsteads of the United States, or in any other waters within sight of land, and within lines extending from one cape or The House agreed to consider the motion-51 to 20; and passed it without debate-59 to 21. Messrs. DANA, ROOT, WHITMAN, COBB, and MCKEE, were appointed a committee pursuant to the said resolution. MIRANDA'S EXPEDITION. On motion of Mr. McKIм, the House resumed the consideration of the unfinished business of yesterday, being the following resolution: Resolved, That the President of the United States be requested to adopt the most immediate and efficacious means in his power to obtain the liberation of the prisoners, if it shall appear to his satisfaction that they were involuntarily drawn into the unlawful enterprise in which they were engaged, and that dollars be appropriated to that purpose. Mr. UPHAM moved to strike out the words in italics.-Motion lost-ayes 35. Mr. Ross said he had revolved this subject in his mind with a view to deciding his vote on it. At first it had appeared to him somewhat doubtful whether it would be proper to take any measures to rescue our unfortunate fellow-citizens. The first objection to this measure which presented itself to me, said Mr. R., was, that it might probably produce an effect calculated to bring others into similar situations, and operate as an encouragement to such expeditions. The next objection which occurred to me was, that it might be proper, on an occasion of this kind, that an example should be exhibited to the citizens of America to show that, whenever they attempted to commit the peace of their country, they would be abandoned to their fate. Further reflection, however, satisfied my mind that neither of those objections is sufficient to induce us to reject the resolution now under consideration. As to the first objection, that it might hold out an encourgement to others to set out on similar expeditions, I think the severity with which those unfortunate persons have been punished, the sufferings they have undergone, the death of part of their companions, have been such a warning to our fellow-citizens, that nothing is required but that those sufferings should be made known to the country to hold up a warning to future adventurers. How could this fatal precedent operate with equal force as by procuring a return of those unfortunate men to tell the mournful tale to their friends, to tell the difference between the wise and mild administration of the laws of the United States and the liberty of the citizens under it, and the administration of those of the despotic government under which they were punished. A lesson would be taught such as could be taught perhaps in no other way, and which would produce a salutary effect on the minds of our citizens, receiving wisdom from the mouths of those who had obtained it by fatal experience. In that point of view I feel disposed to listen to their prayer. Another objection to this proposition was, that it was necessary on this occasion that an example should be made, and that this Government should show to the world that they disapprove of proceedings of this kind, and therefore they ought to be abandoned to their fate. Have not examples been made? Have not ten of those men atoned for their offence by their lives, their heads being stuck on pikes and carried through the country? Great indeed must be that thirst for example, haughty and proud that unrelenting spirit, which can be appeased by no atonement of this kind. To me it would appear that atonement was made by the execution of ten individuals; and that by the punishment inflicted on the survivors, atonement has been made sufficient to satisfy the least humane member of society. I therefore suppose that the example is already made, and the men are sufficiently abandoned to the fate which they brought upon themselves. Before I sit down, sir, I will endeavor to take notice of some of the observations made in the course of yesterday, when this subject was under discussion. I am well aware that men conscious of their own virtue and integrity have less sensibility than those who feel their own failings, towards the misfortunes of others. And while I admire the firmness of the nerve that is steeled to all the feelings which actuate the human heart, I cannot for myself avoid those sensations which are so intimately bound round our hearts by nature's hands. If, therefore, in my vote I shall err in the opinion of cool reason, unadulterated by the finer feelings of the heart, I shall find consolation for the error in the satisfaction of my own breast. I know that in Governments it is right to be actuated by principles of policy and a sound exercise of reason. But a question has arisen whether it be sound policy to adopt the resolution. None of the gentlemen who have spoken have satisfied my mind that it is objectionable on that ground. It seems from the observations of the gentleman from North Carolina, (Mr. MACON,) whom I congratulate on his feelings, that he views the ebullitions of youth and the follies of inexperience with indifference. He will not hold out the hand to the child which has been led into difficulty. I congratulate the man who possesses those kind of feelings. It would with propriety in my opinion be said that the gentleman might wish he was acquainted with law, supposing it calculated to support a bad cause. The cause in which he was speaking required such support, and therefore his desire is not an unnatural one. What were the objections which were made? Were they of a singular kind or were they bottomed on sound principles of policy? To what part of the able argument of the gentleman can you turn your attention and say, that therefore it was impolitic to proceed on the resolution on your table? I endeavored to attend to everything said by the gentleman, and perceived nothing in what he said which had the least tendency to show that it was an impolitic measure. Was it pretended that it could place the Government in an improper situation? It has been said that it is taking money out of the pocket of the Government to relieve villains. This is assuming a point; JUNE, 1809 I would call misfortunes by a milder name. I would say it was to relieve men led by the follies of youth, and misled by men some of whom were of high repute in the country. When you place the question in this point of view, it appears to me that it wears a very different aspect. I would not with the gentleman say that I would take away the power of pardon, that I would not leave a power of clemency because it might be abused. This would do away all law, because all laws to protect innocence are liable to abuse. It would go to the root of legislation itself. I would not object to the principles of the resolution, because there were mingled in it some of the principles of mercy. I know that stern virtue may plume itself on sitting aloof from the frailties of human nature: but I also know that every man who has had occasion to associate with his fellow-creatures has had frequent opportunities of knowing the necessity of making great allowances to each other. When Col. Smith, a man high in the estimation of his country, and appointed to high and respectable office, launched into the scheme, and others who are not generally known, when these persons engaged in a plan to entrap men into their schemes, shall it be said that men so entrapped had acted like villains? Will gentlemen say if these innocent men have been led away by the machinations of wicked men, that we should abandon them to their fate? I hope in this country there is too much feeling for the frailties of human nature generally, ever to sanction such a doctrine. Were this case stated to the people of the United States, and an appeal made to their feelings, I venture to pronounce that three-fourths of all our fellow-citizens would be in favor of our making exertions for the release of these men. They were not in the secret of the expedition. The gentleman from New York, (Mr. EMOTT,) who spoke in a very clear manner, showed that they were blindfolded, carried into the scheme without knowing its object. It may he said that it was their duty and business to know it. Sir, no prudential motives influence young men in general. Do you expect from them conduct different from their nature? Young men are always aspiring, enterprising. They were, under the influence of Col. Smith, Mr. Ogden, Captain Lewis, and Mr. Fink; led into a measure from which they were induced to expect much benefit, inasmuch as they were to be well dressed, fed, and to have no fighting to do. They did not inquire how it was to be accomplished, because they saw Mr. Ogden employing an independent fortune on this plan. If he would launch his fortune in the enterprise, was it to be supposed that young men would inquire deeply into the matter? Neither till they had been on board of the Leander six days, did one-third of them see Miranda. He never appeared to any of these persons at all till they were placed on ship-board. They were carried to Jacquemel, and then saw too late, they were destined to a purpose which they had not understood. Gentlemen say that the pretences on which these men were engaged were too ridiculous for JUNE, 1809. Miranda's Expedition. H. of R. man from North Carolina, (Mr. PEARSON,) he should think it was the duty of this Government to make exertion for the release of these people; but even then he should inquire whether any exertion in their favor would not rather do them an injury than a service; for it would be recollected that every gentleman who had spoken seemed to consider the mercy which was asked to depend upon and to be bestowed by the United States. Were I a Spaniard, and attended the debate in this House, I should think that gentlemen in favor of the resolution contemplated an infraction of the rights of the nation before whose courts, and by whose laws these men were condemned.These fine appeals to mercy and humanity would apply well before the Power possessing the right to bestow mercy, but are not applicable to the feelings proper to be exercised on this occasion by this House. I say that it is one of the attributes of Government to punish those who have infringed or broken the laws of the country. These people have been condemned by a Spanish tribunal; it is by that Government alone that mercy is to be shown; and an exertion by this House in attempting to bestow mercy upon these people is an infringement of that right. I challenge gentlemen to show me an instance in the annals of diplomacy of a like nature with this proposition. I recollect one instance, but I have heard no gentleman propose to go so far. Oliver Cromwell, when a member of the British Commonwealth was imprisoned by the inquisition, ordered his admirals to draw up before the harbor and demand his release. This is the only belief. Was there not reason to believe that there was danger in our southwest country? And if so, was it extraordinary that a guard should be wanted for the mail? Others were led to believe that they were to do other acts; but till they arrived at Jacquemel they had no idea what was their destination; and after they arrived there they were not told the design of the expedition, that it was to revolutionize the provinces, or what was the nature of the expedition. Here however when they attempted to rescue themselves from their situation, they were closely guarded, and kept under strict discipline. A part of them attempted to make their escape, but after passing ten miles were overtaken and sent back to their ship. Here then is evidence beyond doubt that these young men never entered into this enterprise with any view to attack the Spanish territory. Perhaps, according to the opinion of some gentlemen, a man may be guilty without knowing of his crime; but, according to my ideas, a man must be conscious that he is about to commit some evil act, to stamp criminality on his proceedings. Thus the leaders who conducted this enterprise were guilty, and it is a misfortune to the country that they were not brought to punishment. We see these subordinate persons abandoned by the men who deluded them; we see them lingering in dungeons without clothing, and perishing for want of the common sustenance of life. Can any American, any man possessing feelings common to the human heart, say that he can view them without sensations of pity? The American captains who have been there, advanced them money out of their own pockets; they could not see their dis-case I have met with in the course of my reading, tress without shedding tears. And shall this House steel itself against those sensations? Shall it say in cold laconic terms "let the villains sufMy language should be— fer." "Teach me to feel another's wo, of an attempt by one nation to relieve criminals condemned by another nation under its own laws. If this view be a just one, it certainly becomes a matter of great delicacy. If this Government had never been by the most secret whisper implicated (unjustly as I firmly believe) in this transaction, still it would have been a subject of the greatest delicacy for the Government of the United States to interfere. What will the Government of Spain, Junta, King, or Governors of Spanish provinces to whom you apply, say to you on this subject? Why they will say "We have long suspected, we have heard from your own quarter, that you were implicated in this expedition; you now give us proof; you have come forward in an unprecedented manner and interfered in a case with which you have no business, a case which is fully embraced by the sovereignty which we ourselves exercise over our own courts." Will it not at once be inferred that these assertions throughout the United States had been true, and that this Government was implicated or concerned, or, to use the words of yesterday, that this Government had connived at such an expedition? You will but render the sufferings of these people more rigorous. It is not to be conceived, although the gentleman from Massachusetts and others have acquitted the GovMr. TAYLOR said if he could view this subject ernment of participation, that the Spanish Govin the light in which it had been viewed by most ernment will do so also. Why, even in our cool of its advocates, and particularly by the gentle- I and calm situation, you see that suspicion of the 11th CoN. 1st SESS.-10 I call upon the fathers of the people, who now alone can help them, to step forward. For what good will you suffer them to expire in these dungeons? Why let them remain there to be insulted and oppressed by a domineering people? I hope we shall not do it. Shall it be said that the paltry sum of three thousand five hundred dollars shall be an obstacle to the relief of those men? I hope, sir, that we shall not act on the cool maxims of policy laid down by the gentleman who oppose it. The adoption of it will return these persons to the bosoms of their friends and families to tell the dreadful tale to their countrymen, to warn them of the danger of entering into expeditions against the public peace, and teach them the difference between the mild laws of the United States and the despotic laws of other countries. It will teach them a lesson calculated to produce much good, in my opinion, and to do no harm. H. OF R. Miranda's Expedition. JUNE, 1809. connivance of the Administration is not yet quite pear that he had received orders to sail for a pardone away-and do you suppose, sir, that the ticular port of that Continent to create a diverSpaniards, against whom repeated expeditions sion of an attack expected to be made in another have been made, at a distance from those sources part of it. But what have the British Governwhence conviction might flash upon their minds, ment done on the subject? Have they not conwill form the same opinion of the subject that we sidered it a delicate one? Have they not in their do? Fear forms a bias on their mind; and we conduct given us the most sound and wholesome form a conviction on the side on which we feel advice on the subject? Although I believe these interested. men were employed to answer a purpose all imGentlemen, in order to induce us to grant par-portant to her, yet she has not extended towards don to these men, which we have no power to these sufferers in her own cause that clemency do, have told us that they are innocent; because, which is asked at our hands. These men who forsooth, they themselves have said so. I recol- were suffering in her employ, demonstrably actlect, sir, once in a conversation with a most emi-ing in furtherance of her interest, have not met nent barrister in the State in which I live, who with the clemency of the Government; and the had often performed the duty of counsellor and case is more strong when it is recollected that advocate in our State, he informed me that in a since the capture of these men, although previpractice of thirty years, in the course of which ously at war with Spain, Great Britain was not he had been concerned in the cases of many cul- only at peace but in alliance with that nation. prits, on many, nay, on all occasions he put this With all these favorable circumstances, when plain question to his client: "I am your counsel; but a hint from the British Ministry in favor of it is necessary for me, in order to make the best these people might have released them, yet being possible defence of your cause, to make the best so delicate a subject that it has not been touched statement in your favor, to know whether you by them, shall we, who have been crusading and are guilty or not." He declared that he had exerting every nerve for the releasement of our never yet met with a man who acknowledged seamen, and with all our efforts have been unthat he was guilty. I believe that this disposition successful, shall we start on a fresh crusade for to appear innocent is inherent in human nature. these men, when the efforts of the Government It is natural for these men to say that they are in the other cause, in so noble, so just, and so not guilty; they said so to the court before whom humane a cause, have as yet proved unavailing? they were tried. Why were they not liberated? Shall we engage in a contest for these people, why was not that mercy which is so pathetically who are acknowledged justly to be in the power called for bestowed on them by that tribunal be- and under the sentence of the courts of another fore whom the case was examined? If they are nation, whilst the honest American tar, guiltless the immaculate and almost sainted victims which of harm, is writhing under the lash of every they are described to be, why did not the court boatswain on board a man of war? If you will which heard the testimony on both sides of the go on and reform the whole world, begin with question bestow that clemency asked of us? I one grievance first; to use a homely phrase, do should presume, that when all the circumstances not put too many irons in the fire. came out before the court, they were not favorable to the petitioners; and it is a respect due from this Government to the acts of that Government that such a construction should be put upon this matter. If we are to distrust the acts of the Spaniard, because, as we are told, he is vindictive and cruel, he might justly say that we have not done to others as we would be done by. We should place the President of the United States in a very unpleasant situation indeed by requiring him to demand these men, if we would not also be willing to go to war for them. As our navy is now afloat I would propose as an amendment to the project, if gentlemen are serious in their determination to rescue these men, that our fleet shall sail before Carthagena and compel the Spanish Governor or Junta to give them up. This is the only mode of interfering with a matter of this kind, which is sanctioned by precedent, as I have before stated. It would seem, sir, as if the passing scenes of this world were entirely forgotten. The British Government has been suspected of having connived at this expedition as well as the Government of the United States; They have received Miranda into their bosom; and on the examination on the trial of Sir Home Popham it did ap Sir, if the Spanish nation has any feeling for its sovereignty, it would spurn your request. Only suppose that nation to possess the same feelings which actuate every breast in this House; which actuate the American people. Suppose the claim of Mr. Burr to citizenship in Britain, on the ground of once a subject always a subject, had been recognised by the British Government. Suppose that he was suffering in chains in some of your prisons, and because they had heard that Mr. Burr might have been innocent, the British Government had asked his release, would not the people of America have spurned the request as an indignity to the nation? And may we not suppose that these proud Spaniards, as they are called, may have feelings of a like nature? I believe, sir, that the course proposed would only add rigor to their sufferings, weight to their chains. But it seems that these men are to be called back to the country to tell the tale of their sufferings and horrors. Now, sir, I suspect from the feelings which the gentleman from Pennsylvania (Mr. Ross) himself has shown, that other feelings would be excited; that if they return they would bring back with them resentment against those who punished them; they would return |