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

made some further observations on the particular case of Mr. Lyon, and concluded by expressing his hope that the resolution would pass.

      The question that the resolution be postponed indefinitely, was decided by yeas and nays – yeas 69, nays 50.

      Monday, May 29

      Several other members, to wit: from Massachusetts, Orchard Cook; and from Pennsylvania, Benjamin Say and John Smilie, appeared, produced their credentials, were qualified, and took their seats.

      Wednesday, May 31

      Julian Poydras appeared, produced his credentials, was qualified, and took his seat, as the Delegate for the Territory of Orleans.

      Mr. McKim presented a petition of thirty-five American citizens confined at Carthagena, in South America, under sentence of slavery, stating that, through means of falsehood and deception, they were induced to engage in the unlawful expedition of Miranda, fitted out from the city of New York, in the year one thousand eight hundred and six, and that they were captured by the Spaniards, and condemned to slavery, and praying that Congress will take their distressing case into consideration, and effect their release and return to their native country. – Referred to Mr. McKim, Mr. Say, Mr. Emott, Mr. Roane, and Mr. Cochran, to examine the matter thereof, and report the same, with their opinion thereupon, to the House.

      Monday, June 5

      Two other members, to wit: Ezekiel Whitman, from Massachusetts, and Richard Wynn, from South Carolina, appeared, produced their credentials, were qualified, and took their seats in the House.

      A message from the Senate informed the House that the Senate, having been informed of the death of the Honorable Francis Malbone, one of the Senators from the State of Rhode Island, have directed the same to be communicated to this House.

      On motion of Mr. Potter,

      Resolved, unanimously, That this House will attend the funeral of Francis Malbone, Esquire, late a member of the Senate of the United States.

      Resolved, unanimously, That this House do wear mourning on the left arm for the space of one month, in testimony of their respect for the memory of the deceased.

      Tuesday, June 6

      Another member, to wit, Wilson C. Nicholas, from Virginia, appeared, produced his credentials, was qualified, and took his seat in the House.

      Wednesday, June 7

      Another member, to wit, Erastus Root, from New York, appeared, produced his credentials, was qualified, and took his seat in the House.

      Friday, June 9

      Another member, to wit, Nicholas Van Dyke, from Delaware, appeared, produced his credentials, was qualified, and took his seat in the House.

      Monday, June 12

Mississippi Territory

      The Speaker presented a petition enclosed to him from a number of inhabitants of the district east of Pearl river, in the Mississippi Territory, praying for the division of the Territory.

      Mr. Poindexter moved that the petition lie on the table. It would perhaps be disrespectful to the petitioners to reject it, although its contents would merit that course. There were three parties who must, by the ordinance for the government of the Territory, consent before the Territory of the Mississippi could be divided. One party was the Mississippi Territory, the other the State of Georgia, and the third the United States. Neither of these parties had consented. There was, therefore, an absolute interdiction to all legislation on the subject; and the House could, with as much propriety, refer a petition from a State to be exempt from general taxation, or to recede from the Union, as to refer this petition.

      Mr. Burwell said he felt himself bound to oppose the motion for its lying on the table. If the request was wholly improper, the report of a committee to that effect would settle the question at once.

      Mr. Bibb was in favor of the motion; though, had a motion been made to reject it, he should have voted against it.

      Mr. Macon was in favor of a reference of the petition. No harm could arise from an inquiry into it.

      Mr. Troup admitted the correctness of the remarks of the delegate from the Territory, but wished the petition to be referred to a committee for the purpose of an inquiry as well into the amount of population in that country as into its quality; whether it was lawful or unlawful. There were certain facts connected with this subject, perhaps not generally known to the House. In the course of last year, he had understood that a great many persons, amounting to perhaps three or four thousand, had crossed the Tennessee river, and fixed themselves on its banks, not only contrary to law, but the impression was that they had set out in defiance of the law, and had even gone so far as to organize themselves into military associations for the purpose.

      Mr. Poindexter observed that there had been a settlement contrary to the existing law on Tennessee near about a year ago; but that they were ordered to be driven off by the military force, except they would take permission to reside as tenants at will. Some had done so, and some had been driven off.

      Mr. Troup said he knew that orders had been given to remove them, but of their removal and dispersion he had not heard. He said he had further understood that there were, in the county of Madison alone, two or three thousand intruders, and many of them settled on Indian lands, whose owners they excited to hostilities. There was another fact, of which the House might keep possession. Among these intruders was one of the name of Harrison, he believed, who claimed under what was called the Tennessee Yazoo claims, and who settled on the land with his retainers, and deliberately began to apportion it among them. Whether he had been dispossessed, Mr. T. said he did not know. It was absolutely necessary to ascertain the situation of that country, and therefore he should vote for the reference of the petition to a committee.

      The petition was ordered to lie on the table – 67 to 27.

      Tuesday, June 13

Miranda's Exhibition

      The House went into Committee of the Whole on the following resolution, reported by the committee appointed to consider the petition of thirty-six citizens concerned in Miranda's expedition, and now confined in the vaults of Carthagena, South America:

      "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 for that purpose."

      Mr. McKim observed, that he believed nothing further would be necessary for the attainment of this object than an application by the Government of the United States; he then moved to fill the blank in the resolution with such a sum ($3,500) as would defray the expense of sending a vessel there and clothing the prisoners previous to their return.

      Mr. Randolph said he believed there would be no better time than on this motion to express the disapprobation which he felt of the report; for he was unwilling in his representative capacity, to give one cent of the public money for bringing back into the bosom of the body politic these unfortunate but guilty men. He knew how invidious a task it was to appear to lean to the side of inhumanity; he knew how very natural it was for the mind of man to relent after the commission of a crime, and to see nothing in a culprit but his misfortunes, forgetting his guilt; but there were occasions, and he took this to be one, where to lean apparently to the side of humanity is an act of as great injustice and cruelty to society as the Legislature can commit. What were the House about to do? To make an appropriation of money for an extraordinary purpose of foreign intercourse. Was not the President of the United States already invested with power to negotiate with the Spanish Government on this, as well as with any other Government on any subject? Was the President of the United States presumed to have turned a deaf ear to the cries of our suffering countrymen in captivity in a foreign nation? Mr. R. said this was not like a question of redeeming our countrymen from slavery in Barbary or Tripoli; but it was a question whether this Government would lend its countenance to that class of men who were concerned in the expeditions