Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-05-30

10 the honorable the Senate and hovse Of
Reiircsentafives q fae United. Stafesof
America, in Congress assembled,
THE MEMORIAL
OF Samuel G.. Ogden Of the city OF New
York. Merchant,
RESPEcTFULLr sIEWs7H.
That your MEMORIALS is under crim;-
nal prosecution FOR an oTcnc- against the
laws of ,he T.. Safes. az whic.. if he is
guilty be has been led into the error by
the conduct OF cGicers of ;he executive GO
fsrnmeni, who now intend by briDgD,g
upon h:n the penalties of the laws, To sd
critice bis character, fortune and liberty,
IN expiration OF their avn errors, or 10 de-
Preca!e the vengeance Of foreign govern
1pents, by offering him as a victim TO their
resentnen;s.
Your fnemoriaiist is the owner Of an
armed ship called the Leander. which late.
~ sailed from the port of New York un.
der the command ofCeneral Francisco de
miranda, to whom your :nemotialist char
tered the said ship. Your memorialist in
ms mercantile capacity was an active a.
gent IN lifting and providing her for the
voyage in which she sailed. And Cor his
agency in this respect he now stands in.
dicted. But your memorabilia did not
know that there was any law of the Unit
ed States, which forbade him to act as he
has done, in relation to the above mcnti
oned ship, nor could he believe that his
acts were criminal, when he was certain
that the projects of general Miranda as
connected with the expedition Of an arma.
Dient from the u. States had not only been
fully communicated 10 the president and
10 the secretary of state, but had received
tier applause * encouragement. When
he knew also that the executive officers
OF the government OF the United States, at
tbs city of New York, had full know.
ledge OF the extraordinary equipments of
the Leander, and when he found that no
measures were taken TO caution your me-
Inorlalst or 10 check these preparations.
1t the acts of your memor;elst have
been Illegal he cannot doubt, but that the
laws maybe put in force as ainst him. They
may be instruments in the hands OF that
executive, who has rendered him obnox.
1ous to the punishment they denounce.
Yet as there must be in free government
some shelter in every case from Injustice
and oppression, your nemorialist tarns
with confident hopes to the assembled re.
personalities of a free people, and trusts.
that ii 1t shall appear to them, that ore OF
their fellow citizens has been seduced into
an error by the encouragement Of the ex.
ecu'iye, that executive will not be suffer.
ed to prostitute its power by bringing on
him punishment, when the guilt, if any
there be, rests upon themselves.
Your memorialist has not only 10 com.
plain OF the injustice of causing him to be
prosecuted as criminal, but TO represent
to you the illegal manner of conducting
that prosecution, by which the most sa.
cred rights OF citizen have been vioIat-
ed. q the FIRST principles of justice tramp
led under toct by magistrate Of the u.
States. That the case of your memorial
list may be fully before your honorable
body, he will proceed to give candid his
tory OF all he facts which have relation 10
the offence Of which he is accused.
Your memorialist was unac tuainted
Z with general Miranda, till about the 2sd
day oil December last, when he returned
from Arlington. He,hen appliedto your
memorialist as the owner of the ship lie.
ander, which he proposed to engage to
transport him with some men, munition
and implements Of war, to port in the
Spanish territory in South Anne .ica, at the
same time inviting your n.>mN, alist to
provide variety of those articles, which
bis ProJect required and in order to induce
your memorabilia to embark in the enter
prise, and TO convince him that it had the
appreciation of the government Of The u.
States, the following fa6ls we're disclosed
toyear memorialist and were corroborat.
ed by the representation of Col. William
>. Smith, surveyor of the port Of New
York, and by It's documents herein after
mentioned.
Gen. Miranda is a native Of the Dro
vince OF Caracas in South America,
where he spent the earlier part of his life.
The inhabitants Of that country we're re.
presented as groaning under their depend.
ence on despotic government and anxi
Gus to throw of the yoke. Many Of gen.
Mlranda's countrynen we're also stated to
have been long DESTROYS of freeing them.
selves from their bondage, looking to him
as their expected deIiverer, and ready TO
receive and unite with him whenever he
should bring TO thsm hope of success.