Miranda's Expedition.

H. of R.

Miranda's Expedition.

JUNE, 1809.

ment. Two more such advocates as have ap- Sir, I could not have been induced to say anypeared in favor of this proposition would damn thing more on this question, for I stand in a very the best cause ever brought before any House or invidious position, not at all congenial to my feelany court in Christendom. The gentleman from ings, being compelled to rely on my judgment for New York, (Mr. EMOTT,) who spoke yesterday, support against my feelings. Nothing could have certainly very pertinently, and very handsomely, induced me to rise but the very unprecedented tells the House that in this case no other money manner in which the oldest member, and certhan that of the United States will be received; tainly not the least respectable in this House, has that, with a sort of Castilian fastidiousness, those been treated, and the manner in which some asserpersons acting for the Government of Spain will tions (if you will) of mine have been met. It has not touch any money which shall not be offered been stated by a gentleman in his place, that the in the quality of public money. I believe no such only proof of the guilt of these persons consists in thing; and moreover I wish it to be distinctly under- my declaration to this effect; the naked assertion stood that the question of money is not the ques- of one, too, who knows nothing of their innocence tion with me; and that to suppose it necessary or guilt. Let us bring this naked assertion to the for the Government of the United States to in- standard of common sense and common honesty. terfere for the purpose of raising so pitiful a sum Were the ringleaders in this expedition conas $3,500 for the relief of these unfortunate men, demned, and did they suffer death on my asserwhose situation I most seriously deplore, is a libel tion-an assertion long posterior to the fact? upon the charity of this country. I believe, not- Were the unhappy men now condemned to imwithstanding the public impression on this sub-prisonment and hard labor convicted on my asject against the petitioners, that the money could sertion, on my assertion too, of yesterday? Or. is be raised in half an hour in any town in the Uni- it so extremely unpardonable for any one to infer ted States. I believe it might be raised in that the guilt of the accomplices in any transaction, time in the city of Washington. It is not a no matter what, wherein the ringleaders have question of the amount of money wanted; it is, been acknowledged universally to be guilty, have whether the Government of the United States been brought to trial, and have suffered the punshall lend its countenance to persons situated as ishment of their crime? Does not the onus in these unfortunate people are? Sir, had we at this instance, although it be in the negative, lie that time been at war with Spain, as Great Brit- on the condemned? What, sir; they go on an ain, something might be said in favor of these expedition against South America under General persons. But we were not at war with Spain, Miranda, and, with others, are taken, the ringand these men knew it; and I believe they knew leaders executed as pirates, as hostes humani geat least as well as I know, that when a man is neris, as they really were, and these men are to recruited for public service, as they say they be averred to be innocent men, the only proof of thought to be their case, he is immediately taken whose guilt consists in the declaration of an inbefore a justice of the peace and sworn. This dividual who has considered them as guilty men, part of the ceremony, however, is not stated to but who feels not the less for them because they have taken place. To be sure, sir, the gentle- have been guilty? In this style is this question man from New York (Mr. EMOTT) said, I be- to be discussed and decided? One gentleman lieve, everything that could be said in favor of asserts that the men are perfectly innocent, that those unfortunate people, and really almost con- the only proof of their guilt rests on the declaravinced me that we ought to make this interfer- tion of an individual; and another asserts that ence; but unfortunately for him and for his they are guilty only under the unjust and arcause, other advocates rose up in its favor and bitrary principles of the Spanish Government, placed the subject in a situation not only as rewhen we have it in proof-the strongest proof spects the majority of this House, but as respects that the nature of the case will admit that, if that Government with whom intercession is to they are not guilty men, something not much less be made, which will completely foreclose any than a miracle must have been worked in their attempt at relieving the sufferers. It is not pos- favor. From the description of their situation sible that the majority of this House, or that the given by the gentleman from Massachusetts, on Spanish Government, can be affected in any other whom, and on the gentleman from New York, manner than with disgust and indignation at such (Mr. EMOTT,) the management of this business stuff. The gentleman from New York told us that appeared to devolve, I think it extremely probable these were ardent young men, who were anxious that the resolution, improper as it is, would have to go to Caraccas for the purpose, I think, of passed. The description was forcible which the correcting the despotism which existed in that gentleman from Massachusetts (Mr. BACON) gave country; or otherwise, political Quixottes. This, from his own knowledge of the situation of a I take it, will operate little in their favor with man brought up at the same school with himself, the Spanish Government, however it may in and for whom it was natural for him to feel as ours. I confess I feel very little sympathy for he does; and I honor the member for so feeling those who, overlooking their own country, and and acting, for, mutatis mutandis, I think it highly the abuses in their own Government, go in search probable I should do so too. These men are enof political adversaries abroad-goa tilting against listed by, no matter whom; to go, they do not political despotisms for the relief, I suppose, of know where; to do, they do not know what. distressed damsels compelled to live under them. After getting to sea, they are compelled to go to

JUNE, 1809.

Miranda's Expedition.

H. OF R.

Caraccas with the commanding officer, whether that while at the island-at Jacquemel-they they will or not. Never before was such a tale made this attempt, but were frustrated in their invented. It will not bear the touch. The gen-endeavors and compelled to go on board; as this tleman from New York (Mr. FISK) says that the very insurance offices would not underwrite, because no place was named. And then, we are told that these people were carried to a newly discovered country-a land of promise. I should not wonder, sir, that the insurance officers would not underwrite a voyage to the island of Jacque-down the remark, with a significant smile, apmel, or that the vessels should never have arrived at their place of destination; for the latitude of that island, with geographers, is at least as uncertain as was the destination of Miranda.

port had been mentioned by other members of the committee, and was referred to in the report then under consideration, little doubt would remain as to the place intended, or the object for which I noticed it; and I then observed the distinguished gentleman from Virginia noting parently much pleased. I presumed he understood me to have said "the island of Jacquemel." And I did not feel disposed to lessen the gratification that gentleman might feel from his having so understood me. I was willing to afford that gentleman all the pleasure and all the honor he could desire, together with all the consideration he might acquire with this House, and with this nation, from having, by his superior knowledge, in his place in this House, discovered and corrected an imaginary or real geographical mistake, of such immense moment and infinite concern to the people (" God bless them!") of this country.

All that I have heard on this subject, except from the gentleman from Massachusetts, or the gentleman from New York on my right, (Mr. EMOTT,) reminds me of speeches which it has been my misfortune to listen to, delivered to ignorant juries, in mitigation of damages. My friend from North Carolina (Mr. MACON) laments that he, too, has not a little law, because he believes that it very often serves to help out a bad argument. Sir, it is one of the indiscretions of which my friend from North Carolina is not des- If in the course of debate any member in mentitute, to wish for a little learning, more especi- tioning a place incidentally connected with the ally a little learning of the law. I had thought question, to be decided and noticed by others, rethat the history of Jonathan Wild the Great had ferred to in the report before the committee, left an awful memento to posterity that although should call a part of the island of St. Domingo a little learning was a dangerous thing," a little the Island, I should think the blunder was made law learning is almost equal to a hanging patent. inadvertently or ignorantly. If inadvertently, No, sir: God forbid that the natural sense, ster- that it was unworthy of the notice of any critic, ling worth, and real knowledge of my friend from however profound. If ignorantly, that it was North Carolina, should be balderdashed by a little, beneath the animadversion of any honorable county-court, law learning. It would be impossi- member of this honorable august body; unless I ble for me to estimate him as I do if such were may be permitted to except the exception, the his lot-if he were fated to dress up a flimsy argu- distinguished member from Virginia on my right, ment on any side of any question on which a man (Mr. RANDOLPH.) But whether Jacquemel is an happens to have received a retaining fee. I do island, a port, or a continent, was as immaterial not know how it may be with other men, but I do to the inquiry then before the committee, as this most devoutly pray-not like Oliver Cromwell, criticism is foreign to the merits of the question to be delivered from Sir Harry Vane-but, that now under consideration, or the remarks about my country may be delivered from leading poli- the "building or rebuilding of the north wing of ticians in the persons of second rate lawyers. the Capitol, together with our chairs, tables, and They have been tried in other countries, and it bulkhead windows," were from a question touchhas been found that first-rate lawyers would noting the sale of the gunboats, or the reduction of answer for politicians. If they will not, in the the Army. name of common sense, what are second, third, fourth, and fifth rates to make? I do not know, as I have said already, how it may be with other men, but, whenever I hear men of a certain description get up to speak in a public assembly, I am almost reminded of an observation made of a learned and witty man, who, when he rose to speak on a subject, said "Well now;" and was then supposed to be considering what he should say. And I, sir, never see a man of a certain description rising to speak on a great national question, but it appears to me that he is balancing for want of the make-weight of a fee.

Mr. KNICKERBACKER said as he intended to vote for the proposition, he deemed it proper to assign his reasons for so doing. A principal reason was that these men had engaged in Miranda's expedition, not knowing it to be of a hostile character; and this fact, he said, sufficiently appeared from the testimony which had been quoted from the trial of Ogden and Smith. The fitting out of the armament, too, had been carried on in the most public manner, an officer of the Government being concerned in it. Miranda, the man from whom the whole emanated, was not known as being concerned to the unfortunate Mr. FISK.-I rise, principally, sir, for the pur-persons now suffering slavery in Carthagena. pose of noticing a criticism made on a remark which fell from me in debate yesterday, relating to the attempt made by the petitioners while on the voyage from New York to South America to escape from the power of Miranda. I stated,

The man who had enlisted these men (Fink) had promptly answered when questioned, that he himself was not informed of the nature of it, though he had asked for information of the real object of the expedition. The tale which had

been told them appeared to be such a one as was calculated to seduce young men into the scheme. They had been told that it was an expedition under the authority of the Government, and had been engaged also under different pretences. In this point of view, not knowing that they were about to violate the laws of the United States when they embarked, Mr. K. said they could not be considered as highly criminal.

JUNE, 1809.

should not show partiality to these men; that they were not worthy of the attention of Government; that they ought to have their claims rejected, because, if there were no other motive, it might set a precedent which might be dangerous in future; and that, if the House did interpose, it would wound the feelings of the Spaniards, and prefer the relief of those men to that of our impressed seamen in British vessels. Mr. K. said he lamented that our seamen were in distress and mercilessly dealt by; but because they are suffering, is that any reason why the House should not interpose in behalf of those who now petitioned them? It was no reason because others suffered, that a deaf ear should be turned to the prayer of any sufferers, or that those should not be relieved who were now immediately the subjects of consideration.

But gentlemen have said that these men ought never to have embarked in a concern of this nature without knowing its extent. Mr. K. said it was not common for young men to inquire minutely into the nature of anything from which they expected to receive a benefit. It always would be found when men were enlisted in the service of the United States, and the time of marching came, that they would be unwilling to go, and a reluctance to the service was on such Mr. K. said he did not know but he had already Occasions displayed, which had not been felt be- trespassed sufficiently on the time of the House; fore the time of separation. Their reluctance to but he was not in the habit of apologizing for go on this expedition, therefore, when it was such trespasses. He said he had assigned the about to proceed, did not, Mr. K. said, argue that reasons which he had thought it his duty to do they possessed a knowledge of the design of it. as a representative of the district whence he It appeared to him rather that those men had came. He thought this an important question. been mistaken in the nature of the expedition, Let us not, said he, treat the committee on this which, from its being conducted in so public a petition with that neglect which some gentlemanner, they could not suppose to be hostile to men wish to do. They have reported a resoluthe laws of the United States. Mr. K. said it tion; they state that under the persuasion that was not his business here to approve or disap- the facts stated by the petitioners are substantiprove of whatever concern the Governmentally true, they are in favor of assisting the men. might have been supposed to have in it. He And, sir, under a full view of all the circumshould not, therefore, examine it; he hoped that stances, I am induced to say that these men merit the Government had no concern in it; but the the interposition of the House, and have already open manner in which it was conducted might endured sufficiently for the crime which they be a ground why those young men had no reason committed; and I trust they will find that mercy to believe that it was not an expedition author- which we, in similar cases, would hope to be ized by the Government of the country. It had shown to us. been stated to them, indeed, probably with a view to deceive them, that the Government was concerned. Miranda himself had not been seen by them. The first knowledge they had of him was some time after they had got to sea, when Miranda appeared under the assumed name of Martin. They were carried to Jacquemel, and, whilst there, exercised and trained in a military manner. Some of them discovered a wish to leave the vessel; they had began to suspect that some improper design was on foot. They attempted to make their escape; but the only result of their effort was closer confinement. I say that these men have erred, but the question is, quo animo? Did they knowingly and willingly err? It appeared not. Mr. K. quoted the evidence given on the trial of Messrs. Smith and Ogden to show that the men who enlisted had no knowledge of where the expedition was bound to; because even the person who employed them knew it not; and also to show that these men might well suppose that the Government was concerned in it, having been told so by Colonel Smith. Mr. K. said he wished not to be understood himself as implicating the Government of the United States; he hoped they were innocent.

The honorable gentleman from South Caroina (Mr. TAYLOR) had said that the House

Mr. HOLLAND said if this case were to be judged by the expressions of gentlemen in the House, it might be supposed that the offence of these men was one of the most aggravated crimes that could have been committed; that there was no crime of so high a nature, no offence of so deep a die. But what was their crime, and of what were they guilty? What was their destination? To know the crime it was necessary to know the object of it-and what was it? It was nothing more or less than going to some of the provinces of Spain in South America, in order to revolutionize them. This then was the object and this the crime-a design to revolutionize the provinces. Has the revolutionary spirit always been considered a crime of the deepest malignity? Certainly it has not. To those who believe that monarchy and despotism are favorable to human happiness it might appear a crime; to others, it seems to me, that it should not. We have heard of persons coming from Europe, long before we were independent or had so declared ourselves, for the express purpose of engaging in an act of this kind, to revolutionize the country and better the situation of these then provinces. At that period I well remember it was not considered a crime of deep die. Pulaski, Kosciusko, and I believe Lafayette and others came forward

It was true that we had commenced the work, but they of their own free will and without the order of their Government, came and joined us

here.

H. of R.

were claimed as deluded citizens of any nation, would it be an indignity to Spain for that nation who claims them to ask for their release? The Government of Spain will see that we come forAt the time Miranda's expedition was set on ward in the cause of humanity, and will feel themfoot we were not very amicable with Spain, and selves honored by an opportunity of favoring it. this might influence persons taking a superficial I agree with the gentleman from Virginia (Mr.. view of the subject to suppose that it was no such RANDOLPH) in one respect. I, too, have been engreat crime. If they had succeeded in their at-tertained with a variety of arguments which have tempt, and liberated the provinces (and I hope no relation to the case. I have listened to genthey soon will become free provinces) they would tlemen making long arguments without appearhave been considered the benefactors of mankind; ing to know what was before the House. I have they would have received the thanks of all the heard it, and may myself be guilty of doing the friends of humanity; but, poor fellows! they were same. My argument is this: that, even if guilty, defeated. In going with a design to revolutionize their sufferings have expiated their offence; and the Caraccas, they might have gone with patri- that, if innocent, we are doubly bound to relieve otic motives. As to the crime itself, it is not of them. What honorable gentlemen in the House that deep die which ought to damn them for ever. will say that, amongst the whole thirty-six, there It is not a moral crime, but may be considered a was not one who enlisted without knowing what political crime. The United States being at was the object of the expedition? If we have a peace with Spain, perhaps it was impolitic and doubt of their knowledge, the doubt would amount improper for them to go forward on such an ex- to an acquittal, and would authorize our applicapedition. We have been told that all the officers tion for their release. concerned have been executed, and that the persons remaining are only common soldiers. Supposing that these persons went with their eyes open on the expedition, the question would be, have they not suffered enough? Has not the cup of vengeance been drained to the bottom? They have suffered enough, sir, and if by an act of mine I could relieve them, I would. This is the view of the subject which I take, supposing them to be as criminal as gentlemen say. But, if they be not guilty, they certainly have a much stronger claim, not to the mercy, but to the justice of the House. If they did not know that they were to be carried to the Spanish provinces, they are innocent. To my mind nothing is more easy to conceive than that it was politic for the officers to keep them in ignorance, and I must view them as innocent men. Nor shall any apprehension of committing the late or present Administration prevent me from doing that which I believe to be right. Whether the Administration connived at the expedition, is not now the question. It is impossible to consult my own feelings, and not to say that these persons ought to be released. One innocent person in captivity would induce me to vote $3,500 for his release. What is that paltry sum in comparison with the relief of an innocent man? Nothing. How much less then ought we to hesitate when upwards of thirty persons are involved?

But it is said that the request for the relief of these men will be an indignity to the Spanish Government. I cannot conceive it. It proceeds on the ground that they were innocent in the outset; and under these circumstances we apply for for their release. Will the ruling authority, be it what it may, be dissatisfied with this application? They are not detained there from political views no such thing. The whole were tried as pirates, and condemned. No particular act was proved against them; they were viewed as pirates and as belonging to no nation; and of course remain under a sentence of confinement. But if they

Sir, had I been a young man, and had nothing else to engage in, I should myself have been happy to join a number of brave fellows in emancipating an enslaved country-and the provinces of South America are in a miserable situation, and there is no danger of worsting them by any change. But, supposing this not to be correct, the suffering situation of these men calls upon the justice and humanity of the House for relief. It is true that, last year, I was not in favor of these men. From a suggestion that they were not American citizens, I voted against the proposi-. tion for their release; but I am here informed by gentlemen personally acquainted with some of them, that they were raised near their doors, and are well-meaning men. And, for fear of a paltry sum of money, of giving confirmation to ridiculous suspicions of our Government having connived at the expedition, or of offending any foreign Government, shall we withhold this relief? I hope not, sir.

Mr. LIVERMORE said he had no idea of bringing down upon the country the vengeance of the Spanish Government by the proposed application, or of attaching such importance to it. The simple case, said he, is this. We are informed that a number of our countrymen, children of the same family, are now suffering the most horrid punishment that the human frame is capable of enduring. I conceive it possible that, on this occasion, my feelings would carry me too far; as no judge could sit and pass sentence on his own son. I profess to be a man who has a feeling for his fellow-men, especially for his fellow-citizens, and not to have those qualms which would induce me to look very nicely into such a question as this, when a decision might relieve my fellowcitizens. The proposition is simply to request the President of the United States, if he be satisfied that these men were involuntarily drawn into the expedition, that he will apply the most efficient means in his power to effect their liberation. I merely wish to send an agent to attempt