Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-05-29
From Tie Un;tsAstates Gazette.

America. In congress assembled,
THE MEMORIAL
Of Samuel s.. Ogden 81 the city OF Nezv--
1ork, merchant,
RESPECTFULLY SHEWETH,
THAT your memorialist is under
criminal prosecution for an offence against
the laws of the United States, OF which II
heis guilty he has been led into the error
by the Conduct Of the officers OF the exe-
cutive & vernment, who aow intend bring.
ing upon him the penalties OF the law, TO
: sacrifice his character, fortune and liberty,
) IN expiration OF their own errors, or to de-
precate The vengeance of foreign govern
men.s, by offering him as victha to their
reseltmen,s.
g Your memoria!ist is the owner OF an arnnec
5 ahip caIIedxhe I.eander. which lately sailed
4 from the port of New Yolkunder the con.
rnard or direction OF general Francisco de
Niiranda, 10 whom your memorlalist char
tered the said ship. Yonr memorial'st IN
his mercantile capacity was an active agent
in fitting and providing herfo the voyage
s IL which she sailed. And for his agency
m this respect he now stands indicted.
(; But your memorialist did not know that
= there was any law OF the United States,
$ which forbade him 10 act as he has done,
In relation TO the above mentioned ship,
: nor could hebelieve that his acts were cri.
rsinal, whsn he was certain thattae prolects
= ofeeneral Miranda as connected with the
expedition of an armament from inc II.
States had not only been fully cemmunicat,
cd TO the president and tosthe secretary OF
ssfsse, but had received their applause and
) encouragement. When he knew also that
the executive officers of the government
of the United States, at The city OF New
York, had a full knowledge of the extraor,
dinary equipments of the -Leander, and
when be found that nomeasures were taken
90 causioa your memorialst or TO check
Ehsse preparations. Z
IF theacts ofyour memorialiss have been
s illegal, he cacnot doabt bat that the laws
may be put 10 force against him i he2 may
Be Instruments in the hands of that execu-
tive, who has rendered him obnoxious to
the punishment they denounce. Yet as
ehere must be in a free government some
shelter ia every case from injustice and OPP
preston, your nemoriaEst turns>wlth ecu.
Eidenss homes TO the assembled rspresenta-
tivss of free people, aud trusts, that #
it shall appear to them, that one OF their
fellow citizens has been seduced into an err
S TOR by the encouragement ofihe executive,
that executive iii not be suffered toProsti.
eute its power by bringing on him punish.
ment, when the guilt, if any there be, resfs
upon themselves.
Your memoriaiist has not only to corn
d plain Of the injustice of causing him to be.
3 prosecuted as crimioal, but TO represent
90 you the illegal manner OF conducting hat
prosecution, bywhich the most sacred rights
-Ssof citizen have beenvioiated, aud the
fret principles of justice trampled under
floor by magistrate of the United States.
That the case of your memorialiss may be
fully before your honorable body. ne will
proceed TO give a.candld history OF all,the
: facts which nave relation to the offence OF
which he is7aecesed.
Yoar n,ealorialis' was unacquansed with
.syeneral Miranda till aoous the Esd ofsDr-
cember last. when he returned fromW ash
ipgson. He then applied-to your msnori-
* alisla the owner Of the ship Leander,
which he proposed 90 engage ITO. transports
& him with some man, +rs apltion and lmple-
ments of war. to port ia,the Spanish ter
Yitory in South America, at the same time
Inviting your memoriaIiss to provide vari-
ety. of those articles, which his project re-
qoired, aud in order 20 induce your memo.
rialist TO embark in the enterprise, and to
convince him shasis had the appreciation of
the governmental the United States, the
following facts were disclosed TO your me-
1norialist and were corroborased by the re-
presentation of colonel William S. Smith,
surveyor of the port of New Yotk, aud
sshy tha documents herein after meution-