Chapter I: A. Coles (36)
For his services on the occasions herein recited, and the loss
of time and expenses incurred, the undersigned neither sought
nor received any compensation, but trusted to the known justice
and liberality of His Majesty's Government for the reward of
services which could not, he humbly conceives, be estimated
in pounds, shillings, and pence. On the patronage and support
which was promised in the letter of Sir J. Craig, under date of
the 26th January, 1809, (wherein he gives an assurance "that
the former correspondence and political information transmitted
by the undersigned had met with the particular approbation of
His Majesty's Secretary of State; and that his execution of
the mission, proposed to be undertaken in that letter, would
give him a claim not only on the Governor General, but on His
Majesty's Ministers,") the undersigned has relied, and now most
respectfully claims, in whatever mode the Earl of Liverpool may
be pleased to adopt.
The undersigned most respectfully takes this occasion to state
that Sir J. Craig promised him an employment in Canada, worth
upwards of one thousand pounds a year, by his letter, herewith
transmitted, under date of September 13, 1809, which he has
just learned has, in consequence of his absence, been given
to another person. The undersigned abstains from commenting
on this transaction, and most respectfully suggests that the
appointment of Judge Advocate General of the province of
Lower Canada, with a salary of five hundred pounds a year,
or a Consulate in the United States, _sine curia_, would be
considered by him as a liberal discharge of any obligation
that His Majesty's Government may entertain in relation to his
services.
_Mr. Peel, Secretary to Lord Liverpool, to Mr. Henry_
DOWNING STREET, _June_ 28, 1811.
SIR: I have not failed to lay before the Earl of Liverpool the
memorial, together with several enclosures, which was delivered
to me a few days since by General Loft, at your desire.
His Lordship has directed me to acquaint you that he has
referred to the correspondence in this office of the year 1809,
and finds two letters from Sir James Craig, dated 10th April
and 5th May, transmitting the correspondence that has passed
during your residence in the Northern States of America, and
expressing his confidence in your ability and judgment, but
Lord Liverpool has not discovered any wish on the part of
Sir James Craig that your claims for compensation should be
referred to this country, nor indeed is allusion made to any
kind of arrangement or agreement that had been made by that
officer with you.
Under these circumstances, and had not Sir James Craig
determined on his immediate return to England, it would have
been Lord Liverpool's wish to have referred your memorial to
him, as being better enabled to appreciate the ability and
success with which you executed a mission undertaken at his
desire. Lord Liverpool will, however, transmit it to Sir James
Craig's successor in the Government, with an assurance that,
from the recommendations he has received in your favor, and the
opinion he has formed on your correspondence, he is convinced
the public service will be benefited by your active employment
in a public situation.
Lord Liverpool will also feel himself bound to give the same
assurance to the Marquis Wellesley, if there is any probability
that it will advance the success of the application which you
have made to his Lordship.
I am, sir, your most obedient humble servant,
ROBERT PEEL.
J. HENRY, Esq., _No. 27 Leicester Square_.
_Mr. Ryland to Mr. Henry._
TUESDAY EVENING, _July_ 2, 1811.
MY DEAR HENRY: It gives me real pleasure to find that the
apprehension I had formed with respect to the fulfilment of
your expectations is likely to prove erroneous. As every thing
which passed, relative to your mission, was in writing, I think
you will do well by submitting to Mr. Peel all the original
papers. I myself could give no other information relative
to the subject, than what they contain, as you and I had no
opportunity of any verbal communication respecting it till
after your mission terminated, and I never wrote you a letter
in the Governor's name which had not previously been submitted
to his correction.
The impression I had received of your character and abilities
made me anxious to serve you even before I had the pleasure
of a personal acquaintance with you, and the same desire has
operated on me ever since; I am, therefore, entitled to hope
that any opinion which I may have given you, as to your best
mode of obtaining an employment under Government, will be
received with the same candor that gave rise to it. I think you
will do well to persevere, as you propose. I have no doubt that
every letter from you, which Sir James sent home, will be found
in Mr. Peel's office, as the established practice there is to
bind the despatches and enclosures yearly up together.
H. W. RYLAND.
JOHN HENRY, Esq., &c.
_Mr. Henry to Mr. Peel._
27, LEICESTER SQUARE, LONDON,
_September 4, 1811._
SIR: I have just learned the ultimate decision of my Lord
Wellesley, relative to the appointment which I was desirous
to obtain; and find that the subsisting relations between the
two countries forbid the creating a new office in the United
States, such as I was solicitous to obtain. In this state of
things I have not a moment to lose in returning to Canada; and
have taken my passage in the last and only ship that sails for
Quebec this season. As I have not time to enter (_de novo_)
into explanations with the gentleman who is in your office,
and as I have received the assurances from you, in addition to
the letter from my Lord Liverpool, of the 27th June, that "his
Lordship would recommend me to the Governor of Canada for the
first vacant situation that I would accept," I beg the favor of
you to advise me how I am to get that recommendation without
loss of time. I have the honor to be, &c.
J. HENRY.
ROBERT PEEL, Esq., &c.
_Despatch of Lord Liverpool to Sir George Prevost._
DOWNING STREET, _Sept. 16, 1811_.
SIR: Mr. Henry, who will have the honor of delivering this
letter, is the gentleman who addressed to me the memorial, a
copy of which I herewith transmit, and to whom the accompanying
letter from Mr. Peel was written by my direction.
In compliance with his request, I now fulfil the assurance
which I have given of stating to you my opinion of the ability
and judgment which Mr. Henry has manifested on the occasions
mentioned in his memorial, and of the benefit the public
service might derive from his active employment in any public
situation in which you should think proper to place him.
I am, sir, your most obedient, humble servant,
LIVERPOOL.
To SIR GEORGE PREVOST, _Baronet, &c._
[The following is the report of the Secretary of State,
communicated to the Senate by the Message of the 12th March,
1812.]
DEPARTMENT OF STATE, _March_ 12, 1812.
The Secretary of State, to whom was referred the resolution of
the Senate of the 10th instant, has the honor to report: That
this department is not in possession of any names of persons
in the United States who have, in any way or manner whatever,
entered into, or countenanced the project or the views for
the execution or attainment of which John Henry was, in the
year 1809, employed by Sir James Craig; the said John Henry
having named no person or persons as being concerned in the
said project or views referred to in the documents laid before
Congress on the 9th instant. Which is respectfully submitted,
JAMES MONROE.
The Message and documents having been read, Mr. RHEA made a motion to print them.
Mr. PITKIN said that he had no objection to the papers being printed, but that he rose to protest against the sentiments attributed in these papers to the Federal party, being considered as those of the citizens of the State which he had the honor to represent. He trusted it would not be believed that they had any knowledge of any mission of this kind from Canada, or from any other quarter.
It was the first time that he had heard that the opposition to the embargo in the States of Vermont or Massachusetts had any connection with the British Government, or with any project of a separation of the Union in any manner, much less under the agency of a British spy. So far as he could understand the papers from the first reading, Mr. P. said they did not intimate that any disclosure had been made to any individual of the United States by Mr. Henry of the object of his mission, or that his scheme had been advocated or supported by any one. And I trust no gentleman will take the character of the parties in any section of this country, from a man who it seems has proved a traitor to his own Government. So far as the statements made in these papers may be considered as involving the party in concert with the Federal party, in any scheme of co-operation with the British Government in dividing the Union, it is one of the grossest libels that ever was uttered. Nor do I feel willing to take the character of the people of this country from the mouth of this man. He does not stop at debasing the character of the people of this country, but he utters a libel against all parties and against the Government itself. He states that in the extra session of Congress in May, 1809, there were sixty-one votes against Mr. Madison, in consequence of his arrangement with Mr. Erskine; when we all know that the vote on the resolution approving of the President's conduct in that affair was no criterion by which to judge. While, therefore, gentlemen will not, as I presume they will not, place any confidence in the statements made by this man against themselves, and against those whom he styles Democrats, I trust they will be equally incredulous as to any statements he has made against those he has called Federalists, with respect to their co-operation with the British Government in dividing the Union. More especially as they come from one who, disappointed at not receiving the promised reward from his Government, has turned traitor to his employers.
Mr. BIBB said he agreed with the gentleman who just sat down on one point, that a full investigation ought to be had. It was due to the Congress, to our connections with Great Britain, that an inquiry should be made into the transaction now exposed to view; and, in addition to the motion for printing, he should move a reference of the Message to the Committee of Foreign Relations.
Mr. GHOLSON said it was a source of gratification to him, that, so far as the papers communicated by the President could be considered evidence at all, they were certainly highly honorable testimony in favor of the Eastern section of the Union. An emissary of great talents had been employed by the British in a nefarious scheme to dismember the United States, and to engender treason in the very bosom of our country: and yet, Mr. G. said, it does not seem that this spy has been able to connect with himself any citizen of the United States. If he had held correspondence with any persons of distinction, the presumption is their names would have been disclosed in the papers that have been read. Mr. G. was happy in cherishing the belief that the liberties of this country would always find a sufficient guarantee against machinations of this sort, in the patriotism of every portion of the Union. This communication, for which the House was indebted to the President, was highly interesting and important in one point of view. It demonstrated, as matter of fact, what had heretofore remained only speculation and conjecture, that the British Government has long meditated the separation of these States; and what is more, that they have actually attempted the execution of this wicked design, and have endeavored to convert our own citizens into traitors! He would say no more.
Mr. QUINCY said he was much obliged to the gentleman last up for the view which he had taken of the subject. It had struck him previously with much force, and he meant to have taken the floor to have expressed it. If ever there had existed in the British Government, or any other Government, an idea that there was a party in this country who would associate with it to dissolve this Union, he thanked God that the project was exposed. If it was true, as these papers stated, that this man had been so employed, he thanked God that the mission had been detected. The Administration, in bringing the subject before the House, had done worthily, and the subject ought to be inquired into. What is the fact, admitting all that this person has said to be true? Why, that an agent from the British Government, under circumstances peculiarly auspicious and suitable to his purpose, goes to the spot which he represents as the hot-bed of opposition, to stir up disunion, and his papers do not contain an intimation that he dared to mention such an idea as that of a dissolution of the Union to any individual. No, sir; and I dare to say that he never did mention such a thing to any distinguished individual. As far as I know the sentiments of gentlemen in that quarter, they hold this Union dear, and look upon such a connection as is supposed in these papers with as much abhorrence as any man, however attached he may be to the administration of the Government. Whenever a dismemberment of the Union has been talked of, it has been with awe, and with a fear that the present course of public measures would lead to such an event, and not with a view to bring it about. Sir, I know that other ideas have been spread over the country for the purpose of serving party views. But here, in this temple of our liberties, let us reason with one another according to the evidence before us. I rejoice that the subject has been brought forward, and that an agent so peculiarly adapted to the business in which he was employed has not. been able to furnish any evidence of even the connivance of any individual at his mission.
Mr. WRIGHT said that such an extraordinary communication as that just received from the President, reflecting so much on various sections and parties of the Union, required serious consideration before they consented to publish such gross abuse of every portion of our people. Gentlemen should reflect that this very disclosure might be one of the means used by this miscreant to divide this country. If he wished to promote division, how could he better attain his object than by denouncing the people of a particular section? Who is this man, and where is he? is an inquiry that ought to be made. I am not one of those who would, without inquiry, take the words of a spy, traitor, and villain, as truth. It might be well to print a sufficient number for the House, but no more until they knew more about it. However gentlemen in the Eastern States might have been dissatisfied at particular measures, the embargo law for instance, their opposition to them had arisen from their operation on their particular interests, and not that they had any disposition to sever themselves from the Union. This business had been very correctly communicated by the Executive to Congress; but they ought to act on it with temper, prudence, and coolness. Mr. W. protested against considering any such disposition as it attributed to a certain party to exist, particularly in the spot which has been frequently and emphatically styled the cradle of the Revolution. He could not feel the same disposition which some appeared to do, to give consequence to this affair.
Mr. TROUP did not consider these papers as involving the character of any portion of our people. They appeared to him to be calculated merely to put the people on their guard against foreign emissaries or agents employed for the purpose of effecting a dismemberment of this Union. As to the opinions this person expresses of parties, &c., they are merely the individual speculations of this man, and cannot have much weight. But the documents have a most important bearing. They establish the fact that a foreign Government, on the eve of hostility with us, has for some time past employed an agent to foment divisions among us; and another fact, which, considered in connection with other circumstances, is of great importance. They show the deep-rooted hostility of this foreign power to our Republican Government and liberties--a hostility which could stop at nothing short of a dismemberment of the country. After the affair of the Wabash, when it was said that the Indians had been instigated by the same enemy to hostilities against us, the British Minister's choler rose; he denied the whole. He avails himself of suggestions in public prints to deny their statements; to state that so far from a disposition to stir up the Indians against us, the contrary was the fact; that, indeed, Sir James Craig has been intent on diverting Indian hostilities. Sir, may we not reasonably believe him to have fomented Indian hostilities in one part of the country, while in another he was promoting disunion in the body of the people? These, sir, are the only facts disclosed of importance; the only facts which would justify the publication of more than the ordinary number of copies.
Mr. FISK said that the remarks which had been made by gentlemen, induced him to ask the indulgence of the House, to give some information and make a few observations relative to the subject now under consideration. This Mr. Henry was an Englishman, but had long resided in this country; so long that he had obtained a captaincy in the army raised in the year 1798; he was a man of gentlemanly deportment, and reputed good moral character; that he (Mr. FISK) and his colleague (Mr. STRONG) well remembered when he passed through Burlington, in the Spring of the year 1808, and that his object was at that time much suspected to have been what he now states; but as a politician, he was thought by the Republicans to have been a firm believer in the British maxim, "that the end sanctifies the means;" and the Federal party enjoyed the full benefits of his principles and labors while he lived in Vermont. Sir, gentlemen say that he is a traitor, a spy, and, therefore, what he here relates is not entitled to credit. However dishonorable a transaction like this may be deemed by our Government, whose motives and conduct are directed and squared by the principles of morality and justice, yet, I believe, it is not thought so very disgraceful in the British Government, as to be beneath her first characters to undertake. Sir, was the mission to Copenhagen to destroy that city, murder the innocent inhabitants, and to rob the Danes of their fleet, a more honorable one than this? Certainly not. And yet, sir, the famous Mr. Jackson, who went on that mission was considered worthy of being a Minister to this country, where he was caressed and highly esteemed by some; and performed both missions much to the satisfaction of his master. Why, sir, can gentlemen seriously doubt the truth of the facts stated by this Mr. Henry, when they have it from the highest authority, that the former British Minister, Mr. Erskine, while here, at this very time, was in the same business this Henry was sent to perform? In a letter written by that Minister to this Government, and published by its order, he tells them:
"I have endeavored, by the most strict and diligent inquiries
into the views and strength of the Federal party, to ascertain
to what extent they would be willing and able to resist the
measures of the party in power, and how far they could carry
the opinions of this country along with them in their attempts
to remove the embargo, without recurring to hostilities against
both Great Britain and France."
And again, he tells them in his letter of the 15th February, 1809, when speaking of the divisions which then agitated this country, and the opposition made to the laws by the people of the Eastern States:
"The ultimate consequences of such differences and jealousies,
arising between the Eastern and Southern States, would
inevitably tend to a dissolution of the Union, which has been
for some time talked of, and has of late, as I have heard, been
seriously contemplated by many of the leading people in the
eastern division."
Now, sir, when the British Minister was on this business, by order of his Government, is it extraordinary or incredible that this Henry should be sent on the same errand by Governor Craig? The occurrences of those times place the fact out of doubt. I perfectly recollect that on my return home from this place in March, 1809, I was informed of this Henry having passed through the country; and it was then conjectured that he was on the very business which he now states. But, say gentlemen, he libels and calumniates the Government! Why, sir, he does not more so than has often been done on this floor by a gentleman not now present, or than has been done for years by one description of presses and newspapers in this country.
The division of the Union is not a new subject. As early as the time the Jay Treaty agitated this country, I saw two numbers in the "Centinel," printed at Boston, holding out the idea of a separation of the States. I am very far from believing it was ever the wish of the great body of the Federal party, or that they will knowingly join the enemies of this country to effect such a purpose, but that there are some who call themselves Federalists, and who in principle and feeling are Englishmen, that would do it, I have no doubt.
Mr. SMILIE said the character of this man was nothing to us, though it might be to him, and he therefore should not follow the example of gentlemen who had made so free with it. There was one point in which he considered the publication of these documents, which was of real importance; that they exhibited to the American people what sort of a nation we had to deal with. It appeared to him that Great Britain considered no means dishonorable provided they would accomplish the attainment of her object. With respect to Mr. Wright's idea, that the publication of the papers would throw an odium on the leading parties in this country, said Mr. S., none of those papers said any thing more disrespectful to the parties in this country than those parties had frequently said of each other in the public prints. He never had believed that the mass of the Federal party wished a separation of the Union; but that there were men in it attached to the British interests, he knew to be true. There was at least enough in these papers to put every man on his guard with respect to the insidious, dishonorable conduct of that Government, and he would therefore vote for printing 5,000 copies.
Mr. MACON said this was one of those debates which sometimes arose in the House, in which all were on one side of the question. Nothing can be more true than that these papers do prove that Great Britain has not yet ceased her attempts to disturb the peace of this nation. That they were genuine he believed, although they came from a man whom that Government had employed. There was nothing new in the manner of communicating them. How was it in the conspiracy of Blount and Liston? Mr. Adams communicated the disclosure to Congress. I imagine that Burr's conspiracy was communicated by some one who was or had been engaged in it. In this case, a man who had been in the service of this Government, preferring the British, was, while in Canada, engaged by Governor Craig to go into a part of this country to endeavor to procure a division of the Union. Mr. M. said he had, four years ago, stated that both Great Britain and France had agents in this country. Had they not had them in other countries? They had; and he cited Holland as a particular instance.
The only question that presents itself is, Is the information useful to us? Does it not confirm every man in the belief that while she is making professions of friendship through her Minister here, Great Britain is, in another direction plotting our destruction by her secret agents? It would be happy for us if we had not also French agents here. I never did believe the Federal party had any notion of joining Great Britain; but this nation, favored as it is, has yet not been clear of discord; and to say that there is not a man in the Federal or Republican parties who would wish a union with Great Britain or France, would be to say what I do not believe.
As to this man, he is just such a one as the British usually employ for these purposes; he is one of their own agents. Can England complain of our giving credit to a man with whom her first Secretary of State and the Governor General of Canada correspond? I care nothing about the cause which brings him here, it is an affair between him and them. The question is, Has he told the truth? I verily believe he has. I understood enough of the papers, as read, to know that he was the agent of the British Government sent here to sow disunion, and that was enough for me. So long as we are governed by interest, mutual wants, or common sense, so long shall we continue united. We are placed in such a situation that we ought to love each other, and we always should, did not our mad passions sometimes run away with us. One part of the nation delights in using the sea; another in agriculture; we supply each other's wants; we ought never to dream of separation. And, sir, when these messengers of hell are sent here shall we not look at them? Let us have the papers printed, sir.
Mr. KEY made some remarks which were not all distinctly heard by the reporter. He wished that the publication could have been accompanied with some refutation of its contents, as it would go to alarm the people with an idea of the existence of a spirit in one section of this country which he was sure did not exist. He was not only for committing the subject, but for following it up with a full and prompt examination. Sure I am, said Mr. K., that the people of Europe have mistaken the American character. Whatever difference of opinion may exist among ourselves, there can be none as to the propriety of supporting the integrity of the Union. There can be no doubt that the people of this country, of all descriptions, will rally around the constitution. France had heretofore supposed she possessed a party in this country, but there was not a man of sense in the country who believed it. Foreign nations would err in this way, having no correct knowledge of the sentiments of the people. If we were soon to be involved in war, it was proper that no distrust should exist in one part of the community against another; and he therefore regretted that a complete investigation could not be had before the papers were published.
Mr. MILNOR said his purpose in rising now was to express the anxious desire he felt that on this question there might not be the least division of sentiment manifested in the House. He should be extremely sorry at any time; above all, at a period of our national progress when it was thought that a change of circumstances of the most important kind was about to take place; that at this time an opinion should be imbibed that any portion of the people of this country were favorable to England. The candor of the gentleman from Maryland (Mr. WRIGHT) redounded to his honor. He was extremely glad to find gentlemen acknowledge, with respect to the party in which he stood enrolled, whatever might be our internal differences, &c., that they could not be suspected of hostility to the Union; there could be no idea entertained by sensible men of either party that there was among us any considerable portion of men who are inimically disposed to the union of the States.
That these papers proved a dishonorable attempt on the part of the British Government Mr. M. said he had no doubt. Although a strong sensation would probably be produced by the discovery of this circumstance, and it might be perverted much to the injury of the feelings of particular individuals, he hoped the good sense of the community would induce them, while they properly appreciated this attempt of a foreign Government, not to be led into rash or injudicious measures. He really wished the affair might be probed to the bottom; and that the British Minister having in one case come forward with a disavowal for his Government, would say in some shape or other what was the real state of the case now before the House.
The motion for printing was unanimously agreed to.
Mr. BIBB moved to amend his motion for reference to the Committee of Foreign Relations, so as to give the committee power to send for persons and papers.
Mr. TROUP said that on occasions of this kind great care should be taken lest the House be hurried by a momentary excitement into an act of precipitancy. He had confidence in the discretion of the Committee of Foreign Relations, but the vesting such a power in the committee might be considered as an instruction by the House to proceed under any circumstances to bring Mr. Henry before them. He had no doubt in his own mind that the communication had been voluntary on the part of Mr. Henry, but he entertained as little that there may have been certain stipulations and conditions which the Executive would feel itself under the strongest obligations of good faith to comply with, and which would exempt the individual making the disclosure from any responsibility of any kind. Whatever may be thought of the motives of Mr. Henry in making the disclosure, or whatever the epithets applied to him in debate, certain it was, Mr. Henry had done service to the country, and ought to be protected by it. If the committee should, on examination, think proper to proceed to summon persons, or call for papers, the House would not hesitate to vest them with the necessary powers.
Mr. GRUNDY stated what was his impression as to the course he should incline to pursue as a member of the Committee of Foreign Relations, if these papers should be referred as proposed, to that committee. If any engagements, express or implied, had taken place between the Administration and Mr. Henry, that he should be free from detention, &c., he should not, as one of the committee, consent to violate that engagement.
The question on reference was carried unanimously.
The question to clothe the committee with compulsory power was carried--104 to 10.
THURSDAY, March 12.
_Mississippi Territory._
The unfinished business of yesterday, the bill for enabling the people of the Mississippi Territory to form a constitution and State Government, being taken up--
Mr. POINDEXTER said, that on the general principles of the bill under consideration, he presumed there will be but little difference of opinion. The population of the Territory proposed to be erected into an independent State is unquestionably sufficient to authorize the measure agreeably to the present ratio of representation; and from the vast influx of emigration to that section of the Union since the last census, I am fully satisfied that it might be demanded as a matter of right under the compact with the State of Georgia. But, sir, the wise and magnanimous policy of the General Government has uniformly conferred on the respective Territories the rights of State sovereignty so soon as their numbers would fairly entitle them to one member in the House of Representatives of the United States. Ohio was admitted with a population of thirty-seven thousand souls. In the next Congress, that State will be entitled to six Representatives, besides a very large fraction which was thrown on her by the apportionment made during the present session. All the other new States received into the Confederacy since the adoption of the constitution, have grown into importance, and now constitute some of the firmest pillars in the Temple of Liberty. Permit me, Mr. Chairman, to express a hope, that while gentlemen delight to bask in the sunshine of freedom at home, they will on every occasion manifest their liberality and philanthropy, by extending its cheering rays to the remotest regions of our beloved country. Emancipate us from the trammels of colonial vassalage; place us on the high eminence of a free, sovereign, and independent commonwealth; and we shall at all times be ready, with our lives and fortunes, to assert the rights and vindicate the honor of our common country.
With respect to the limits recommended by the committee, including all that tract of country of which possession was taken by virtue of the Proclamation of the President of the United States, bearing date the 27th of October, 1810, there appears to exist a diversity of opinion. Some gentlemen think it improper to legislate definitely over that country, until the pledge given in the proclamation that it will in our hands be held subject to future negotiation, is redeemed in a manner satisfactory to the Executive who made it; and others wish to divide the country between the State of Louisiana and the State to be formed of the Mississippi Territory. To rescue this subject from the first objection, at a very early period of the session, I moved a resolution calling on the President for information on two points: 1. Whether there was any pending negotiation respecting our title. 2. Whether it was the wish of the Executive that the Legislative authority of Congress over the country should be suspended with a view to future negotiation and adjustment in relation to the claim of the United States. To this request the President has returned no answer. But without the aid of those lights which it is in the power of the Executive to shed upon the question, we all know that the downfall of the late Spanish Monarch, and the distracted state of revolution in which Spain is involved, renders it impracticable to recognize any legitimate authority with whom a negotiation could be conducted. It is true, several letters have passed between Mr. Secretary Monroe and Mr. Foster, the British Minister, during the recess of Congress, relative to our possession of West Florida, and the manner of taking it. On this correspondence it is not my intention at present to comment. It is a new proof of the disposition which Great Britain has always shown to intermeddle in the affairs of other nations, and the language of Mr. Foster is in the highest degree arrogant and insulting. Mr. Monroe, in his letter of the 8th of July, after repelling the insinuations made by the British Government as to the motives by which the President was actuated in taking possession of the country, declares "that by this event the United States have acquired no new title to West Florida. They wanted none." From this declaration it is evident that no doubt is entertained by the Executive as to the validity of our title, and therefore it is unnecessary to suspend for a longer period the admission of that country into the Union.
Mr. POINDEXTER then offered the following amendment:
"_And be it further enacted_, That the said State shall consist
of all that tract of country contained within the following
boundaries, to wit: beginning on the river Mississippi, at
the point where the southern boundary line of the State of
Tennessee unites with the same; thence along said line to its
junction with the western boundary of the State of Georgia;
thence along the said boundary to the thirty-first degree
of latitude, and along said degree of latitude to a point
opposite the river Perdido; thence to the junction of said
river with the Gulf of Mexico, including all islands within six
leagues of the shore to the junction of Pearl River with the
Lake Pontchartrain; and up said river to the 31st degree of
latitude; thence to the river Mississippi, and up the same to
the beginning."
The question on this amendment was taken without debate, and carried.
Mr. CLAY moved to add the following proviso, to follow after the section just adopted; which would have the effect to keep that portion of country taken possession of under the President's proclamation, subject to future negotiation:
"_Provided_, That nothing herein contained shall be so
construed as to prevent that portion of the Territory
comprehended within the said boundary, formerly composing a
part of the country known by the name of West Florida, being
subject to future negotiation on the part of the United States."
Mr. CLAY (Speaker) said that in offering this amendment to the committee, he confessed he was actuated rather by a disposition to accommodate the views of other gentlemen, than from any difficulty which he felt on the subject himself; for, with respect to our title to West Florida, he thought it utterly impossible that any gentleman could examine that question without suffering other considerations to mingle in the investigation, and not be thoroughly convinced that the title was in the United States: and he confessed that were he to consult his own views only, he should not hesitate a moment in making an unqualified annexation of that territory to the States to be formed of the Orleans and Mississippi Territories. But as some gentlemen, adverting to the President's Proclamation for taking possession of that country, had supposed that some difficulty might arise under it from such a procedure, in order to quiet these apprehensions, he had submitted this proviso. The right of the General Government to destroy the integrity of a State having been questioned, it would be well to guard against any difficulty on that score by a reservation to the General Government of the power to negotiate on the subject of this territory. At the same time he made this proposition, Mr. C. utterly disclaimed the idea that in any possible state of things ought this country to be ceded away. He considered the possession of West Florida as indispensable to the interests and prosperity of the Western States, and so far to the integrity of the Union; and he should as soon see a part of the State which he represented ceded away as this territory. What, he asked, was the extent of the country in question? In breadth, about twenty miles; in length, about two hundred, binding to that extent our southern frontier. The danger of having provinces of a foreign power on our frontier is too well disclosed by the late communication of the President (concerning Henry's mission)--a disclosure which must combine in the execration of the project it developed, every man in the country, and every honest man in every country. Suppose the former dynasty of Spain to be reinstated on the throne, it could not desire, for honest purposes, the possession of West Florida. In proposing the amendment, Mr. C. said it was merely his object to make the acts of the Legislative body tally with the proclamations of the President. If, therefore, contrary to his firm conviction, it should be determined that we have not the title, he had no idea that even in that state of things the territory would be given up, but that an equivalent should be given for it.
Mr. C. said he fully approved the boundary established for the new State of Mississippi by the section just agreed to, so far as it operated on the Florida Territory. It gave to the State of Louisiana about three-fourths, perhaps four-fifths, of the population of the whole territory--a population homogeneous to the character of the country--American in principle and feeling; and with pleasure he had seen the convention of the Orleans Territory, in requesting this annexation, display a liberality of sentiment in desiring a further American population, which he trusted would be reciprocated by Congress. Although the State of Louisiana could not be gratified by the annexation of the whole territory, their desires would be gratified to a considerable extent by giving them all that portion of it lying west of Pearl River. The acquisition of the valuable settlements on the high lands, and their hardy population, would satisfy all the material wishes of the State. By this addition they would give to the new State of Louisiana the entire control of the Lakes Maurepas and Pontchartrain, by which the city of New Orleans may be most easily approached; you thus enable the State to take all necessary means to repel invasion. You effect another object, said Mr. C. There is not any very great natural connection between the people immediately on the bay of Mobile and Tombigbee River, and those on the Mississippi. If there be any connection, it is an artificial one, resulting from the preponderancy of capital at New Orleans, and will be lessened whenever there shall be a commercial capital at Mobile. I am therefore anxious to unite the territory east of Pearl River, including the bay of Mobile, to the Mississippi Territory, to which it is naturally connected; and, Mr. C. said, he had no hesitation in declaring that either Pearl River or the Pascagoula ought to be the boundary which is to separate the two parts of the country respectively to be attached to the States of Louisiana and Mississippi--the Pearl River, upon the whole, would be the best, as dividing the territory in about equal portions. Mr. C. concluded by expressing his satisfaction that this subject had been taken up, and that the amendment proposed by the delegate from Mississippi had obtained, which he hoped would finally pass, &c.
Mr. RHEA said that the amendment proposed by the honorable Speaker to him appeared strange. I, said Mr. R., do firmly believe that the title of the United States to the country west of the Perdido River, named West Florida, is good and valid to all intents and purposes; and, therefore, I will not vote for a proposition which will evince a doubt relative to the sufficiency of that title. But it is said that the proclamation of the President has declared the same principle that the amendment proposes. That may be, but that is no law; that proclamation is not law, nor is the Legislature of the United States bound by it, unless they intend to adopt a principle similar to that used in Great Britain, where the King and Council can issue an edict having the force of law. This principle ought not to be established under the constitution of this nation. But the domineering interference of the British Government relative to West Florida, if there was no other reason, ought to be cause sufficient to reject this offered amendment; that interference of a Government which has no possible right or title to the country in question, will be, in a manner, sanctioned by the offered amendment. On these three points, then, the amendment ought to be rejected: first, that it goes to shake the solidity of the title; second, that it goes to sanction an opinion, that a preceding proclamation of the President of the United States is obligatory on the Congress of the United States; and, third, that the amendment, if agreed to, will go to authorize an opinion that the domineering interference of Great Britain, in respect to the country in question, was right and proper. Against these points I will, said Mr. R., hold up my hand--and therefore will vote against the offered amendment.
Mr. MITCHILL observed, that our minister who negotiated the purchase of Louisiana had been repeatedly told by Talleyrand, in the course of the negotiation, that the French intended to cede the country of West Florida; so that it had been not only purchased, but understood to have been purchased. His certainty of the completeness of our title was such, that he was unwilling to do any act which should recognize the existence of a doubt on the subject, and he was therefore opposed to the proviso. At the same time he had no objection to the amendment just agreed to; he was willing that the people on the Tombigbee and Alabama Rivers should have free access to the ocean, and thus do away all artificial distinctions which had been made by a foreign power whilst the territory had been in its possession.
Mr. MACON was well satisfied with the amendment proposed; for he could not have consented to vote for this bill without the proviso, or something like it. Hitherto this Government had done every thing it could to preserve peace. The embargo and all the restrictive measures had in view to preserve peace; and peace would always be best maintained by a due regard to public faith. If a territory be incorporated into a State, it was the opinion of Mr. M. that neither the President nor Senate have a right to give it up. It had never been understood by any party, under our constitution, that under the treaty-making power the President would cede one inch of a State. Convenient although the territory is to us, and though we have possession, and it is said no pledge has been given in relation to it, yet it appeared to him that the proclamation held out the idea that we held it until an opportunity was afforded for negotiating on equitable terms. Mr. M. said he was willing to acknowledge that he had not examined the title in the same manner as the Speaker and the gentleman from New York had done, so as to enable him to pronounce on it with certainty; but the title did not come into the question on the present point. Had we, when all the rest of Louisiana was surrendered to us, obtained possession of Florida? No, we had not. It appeared to have been at least a doubtful question whether we obtained a title to it or not. What had been stated by the gentleman from New York, of Talleyrand's declaration to our Plenipotentiaries, had not much weight, because a claim was now set up to it not by France but by the Spanish Government. The proviso under consideration, whilst it could not in any degree invalidate our claim, did away the objections in his mind to the proposed annexation of territory. If the territory was once annexed to the State, without reservation or condition, they might as well hereafter attempt to cede away Boston or Old Plymouth, as that Territory.
Mr. WRIGHT spoke against the amendment at considerable length.
Mr. CLAY replied; and Mr. RHEA rejoined:
When the question was taken on the proviso, which was adopted without a division.
The bill having been reported to the House, and the House having agreed to take up the same, an adjournment took place.
FRIDAY, March 13.
_Mississippi Territory._
The House resumed the consideration of the unfinished business, viz: the report of the Committee of the Whole on the bill for enabling the people of Mississippi Territory to form a constitution and State government.
The amendment changing the boundary of the Territory, &c., moved by Mr. POINDEXTER, together with Mr. CLAY'S proviso, were agreed to without a division.
The question on the bill being engrossed for a third reading was decided without debate--yeas 67, nays 39, as follows:
YEAS.--Willis Alston, jun., William Anderson, Stevenson Archer,
David Bard, Burwell Bassett, William W. Bibb, Robert Brown,
William A. Burwell, William Butler, J. C. Calhoun, Langdon
Cheves, Matthew Clay, James Cochran, Lewis Condict, William
Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle,
William Findlay, Meshack Franklin, Thomas Gholson, Peterson
Goodwyn, Edwin Gray, Isaiah L. Green, Felix Grundy, Bolling
Hall, Obed Hall, John A. Harper, Aylett Hawes, Jacob Hufty,
John M. Hyneman, Joseph Kent, Abner Lacock, Joseph Lefevre,
Peter Little, William Lowndes, Aaron Lyle, Thomas Moore,
William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf,
Samuel L. Mitchill, Jeremiah Morrow, Hugh Nelson, Anthony New,
Thomas Newbold, Thomas Newton, Israel Pickens, James Pleasants,
jr., Henry M. Ridgely, Samuel Ringgold, Jonathan Roberts,
William Rodman, Ebenezer Sage, Ebenezer Seaver, Samuel Shaw,
Daniel Sheffey, Richard Stanford, William Strong, George M.
Troup, Charles Turner, jr., Robert Whitehill, William Widgery,
Thomas Wilson, and Richard Wynn.
NAYS.--Ezekiel Bacon, John Baker, Abijah Bigelow, Harmanus
Bleecker, Adam Boyd, James Breckenridge, Elijah Brigham,
Epaphroditus Champion, Martin Chittenden, John Davenport, jr.,
William Ely, James Emott, Asa Fitch, Richard Jackson, jun.,
Lyman Law, Joseph Lewis, jun., Robert Le Roy Livingston, James
Milnor, Jonathan O. Mosely, Joseph Pearson, Timothy Pitkin,
jun., Benjamin Pond, Peter B. Porter, Josiah Quincy, William
Reed, William M. Richardson, Thomas Sammons, John Smilie,
George Smith, Philip Stuart, Silas Stow, Lewis B. Sturges,
Samuel Taggart, Benjamin Tallmadge, Uri Tracy, Pierre Van
Cortlandt, jun., Laban Wheaton, Leonard White, and Robert
Wright.
The bill was then ordered to be read a third time on Monday next.
MONDAY, March 16.
_British Minister's Disclaimer of all Knowledge
of John Henry's Asserted Mission._
The following message was received from the PRESIDENT OF THE UNITED STATES:
_To the Senate and House of
Representatives of the United States_:
I lay before Congress a letter, from the Envoy Extraordinary
and Minister Plenipotentiary of Great Britain, to the Secretary
of State.
JAMES MADISON.
MARCH 13, 1812.
WASHINGTON, _March_ 11, 1812.
The undersigned, His Britannic Majesty's Envoy Extraordinary
and Minister Plenipotentiary to the United States, has read in
the public papers of this city, with the deepest concern, the
Message sent by the President of the United States to Congress
on the 9th instant, and the documents which accompanied it.
In the utter ignorance of the undersigned as to all the
circumstances alluded to in those documents, he can only
disclaim most solemnly, on his own part, the having had any
knowledge whatever of the existence of such a mission, or of
such transactions as the communication of Mr. Henry refers to,
and express his conviction, that, from what he knows of those
branches of His Majesty's Government with which he is in the
habit of having intercourse, no countenance whatever was given
by them to any schemes hostile to the internal tranquillity of
the United States.
The undersigned, however, cannot but trust that the American
Government, and the Congress of the United States, will take
into consideration the character of the individual who has made
the communication in question, and will suspend any further
judgment on its merits until the circumstances shall have been
made known to His Majesty's Government.
The undersigned requests the Secretary of State to accept the
assurance of his highest consideration.
AUGUSTUS J. FOSTER.
The Message having been read, was, on motion of Mr. NEWTON, referred to the Committee on Foreign Relations, and ordered to be printed.
WEDNESDAY, March 18.
_State of Louisiana._
The House resolved itself into a Committee of the Whole, on the bill for the admission of the State of Louisiana (now Orleans Territory) into the Union, and for extending the laws of the United States to the same.
The several blanks in the bill having been filled--
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.
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Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)Chapter I: A. Coles (36)
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