The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-06-03

and opprefiive proceedings of a magifrate of
the q. States, to thoCe who alone can make him
accom-. for his conduf
,ur memorable iubmts his cafe TO your
wltdom, and prays fuch relief as the laws
and contribution OF his country and your
wifd0m and gosdnefs may afford him,
and as in duty bound will ever pray.
SAMUEL G. OGDEN.
Mesv-7ork, IfrH 10, 1906.
IT. The honorable the jeaafe ard bouf ef rebre-
fentatiVes ofibe Omitted States Of A,meriea, in
eongrsjJ aDemblcd.
THE MEMORIAL
Oh WiLLIAH s. SMITH, late furveyor of the
port OF New York,
Respectfully Reprints,
That your memorable is acoufed as having
been party to the Offences, with which Samu-
el G. Ogden is charged, as mentioned in the
preceding memorial. TO which the circumfan-
res OF gen. Miraudl's arrival in this country,
ms wilt TO the city of Warrington, his commu-
ricatIons with executive officers of the govern
ment of the United States and his correfpon-
cence with your memorabilia while there, your
memorable prays leave to refer and to confirm
the facts Gated in the faid memorial. Your me-
morialift further RESPECTFULLY reprefents, that his
very ioTs aaE6.ag. That general Miranda ar
rived in this city from England, in the month Of
November lalt, and informed yc::r memorabilia
that he came with an intention TO Wifi his ma
tive country, and hoped TO find in the United
States the refources ueceiiary to Garry his plans
into effect.
Your memorable rec commended. AS it was
queftion of great national importance, that ge-
neral Miranda fhould frft communicate thofc
plans to the PRECEDENT of the United States and
iecretary of tate; and if their permiiiou was
obtained your memorable would agree to ac-
company him in their execution.
That the fubfequent communications were
made to the administration, as nated in the pre-
ceding memorial; but no actual leave having
been granted, your memorable being 4 public
officer declined accompanying general Miriam
da, but was fully convinced that his views met
the appreciation ofthe administration.
That under thefe impreilons your memorial
ht was induced TO give every facility in his
power towards the execution of thefe plans
which he conGdered under the fanction of the
PRECEDENT ofthe United States and iecretary of
fate.
That your memorable never had caufe to fuf-
peet that he was in error, or that the adminif-
iration had changed their ModnS Hgeadi, until
he vvaswaifed on by the deputy MARTIAL, or the
firft day of March Taft, at about eleven O'Clock
IN the morning, when your memorable was ar
rehed by virtue Of a warrant iEucd by Matthias
d. Talmage, Efq. Judge of the diflri6t court forl
the New-Yurk dfriet, which warrant aft err re-
citing that there were ftrong aud violent
grounds to fufpe6t that your mcmorialift had
within the jurifdi6ion of the United States pro-
vided and prepared the means of a military en-
terprize to be carried on againR the domini-
ons OF Tome foreign prince, sr fate then I'M
known, with whom the United States were at
peace, commanded the perfons to whom the
laid warrant was directed, to arrelt your me-
morialift and TO bring him before the faid
Judge. That atfer your memorable was taken
on the above mentioned warrant, he was told
by the officer who had him in cuftody that he
had been ordered not to fufer your memorable
to coniult council or have communication with
any perfon whatever. That YOUR memorabilia
was conducted by the Esid officer to the place
where, as your memorable undcrflood, the diff.
triet court or the judge of the iaid court was fit
ting But on his arrival there he WAS informed
that the judge, or court, was not then ready
to receive him. That he was then conducted
by the officer who had your memorabilia in emf
tody, to the Office of the clerk of the dinrit5
court, where he was detained till fix O'Clock in
the evening, when mefenger from the faid
Judge gave information that the court was then
readyto receive your memorabilia That there
the faid judge, Whom he found attended by the
diitrid attorney ufthe Uafed States for the N
York diitritt and fome other officers of the
court That uOon yonr memaiia.iit apoear-
ing before the iaid Judge, he was informed tha,
he was to be examined touching the offences
mentioned in the warrant. Tia, upon your
memorable inGuiring whether the indee or
court had authority to compel him to iubmt to
the examination they propofed to make, aud TO
enforce anfwers to queiions which might tend
~ devslOpe important fecrets of i1ate, your me-
moualit was auiwered in the affirmative, and
informed that he would he compelled IN an
fwer all fuch quefions as fhould be put 10 him.
That your memorabilia then told the Judge that
IT would be unneC efary 20 PIT auctions, as
without them, under thofe compulsory circnrn-
fances, he would detail ali be knew refpeGing
general Miranda, and his late expedition from
the port of New ork, which your memorial
lift underltOod was 10 be the fnhiett Of inouirv
That tbereupon your menoriaiih gave ian &,
faithful relation as he had declared he would
DO; which relation was reduced TO wiring. and
ityIed the voluntary examination Of your me-
moriaiit. But your memori1ih declares that
the iaid examination wasJn no other refpeSf va
luntary thar as It vas made by way of narrative.
rather than IS aniRers to Interrogatories That
the declaration Of your memoralit, having been
iigued and iworn 20 by him, be was At about e.
lcven O'Clock at night required to- rive bail.
himfef IN i've th0ufs1d dollars as Drin.
riDal. ana two ftrrsfir in foe ffe,,,f.,1 = III