REPORT

Of the Committee of Ways and Means, on the petition of John Gooding and James Williams, accompanied with a Bill for their relief.

JANUARY 5, 1819.

Read, and, with the Bill, committed to the committee of the whole, to-morrow.

DECEMBER, 13, 1819.

Reprinted by order of the House of Representatives.

The Committee of Ways and Means, to whom was referred the petition of John Gooding and James Williams,

REPORT:

That the petitioners represent that they were owners of the private armed schooner Midas, commanded by captain Thomson; that she engaged the British privateer Dash, captured and carried her into Savannah, where her crew were delivered to the marshal, conformably to the act of the 19th March, 1814, who gave his receipt for them as prisoners of war; that twenty-two of the said crew were slaves, and nineteen free men; that, by a construction given to the said act by Richard Rush, late attorney general, they were refused the bounty for that part of the crew who were reported to be slaves, and they pray relief.

The committee submit the act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in lieu of the bounty now allowed by law, the sum of one hundred dollars be paid to the owners, officers, and crews of the private armed vessels of the United States, commissioned as letters of marque, for each and every prisoner by them captured and delivered to an agent authorized to receive him in any port of the United States, or of a power at war with Great Britain, or delivered at any station within the dominions of the king of Great Britain established for the exchange of prisoners of war, whereby such prisoner shall be actually placed and allowed, by the government of the kingdom of Great Britain and Ireland, in the account of prisoners, to the credit of the United States. And the

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se of their detention, ven the marshals re

no blacks or people laves-orders having - ordinary prisoners of

1 here that the British ed from other prisoners, ers of war, slaves capand it was before noto, and within our waters, slaves of our citizens on when applied for, to send r employing them in their h territories. Orders were xchange, as prisoners of war, id ascertained to be slaves. Of en agent for prisoners, on the y, was apprised in the month of

Being known that many thousands from our shores, had been carried other cases of captures at sea having aving been made, as far as the governals, when instructed generally, as to . were directed to retain such as were u in the employment of respectable perat they should be relieved from confine occasion should require, and that their to their subsistence and clothing. orm you, sir, that if you are authorized to the part of the British government for the es, on terms of reciprocity, in relation to the withheld by the British authorities, it will be and considered with a view to do equal jushe citizens, and subjects of the two nations."

the 10th and 24th of May, 1816, from his excellenSot, to the Secretary of State, calls the attention of to those slaves, and request that they may be delivered horized by him to receive them. In consequence of 5. an order issued from general Mason, dated 31st May, marshal of Georgia, to deliver all the British slaves capng the late war, and detained by him, to such person as may ized by the British minister to receive them, and they were on the 28th June, 1816, as appears by the following cer", under the list of the slaves thus delivered.

Secretary of the Treasury is hereby authorized and required to pay or cause to be paid to such owners, officers, and crews, of private armed vessels, commissioned as aforesaid, or their agents, the aforesaid sums for each prisoner captured and delivered as aforesaid.

Sec. 2. And be it further enacted, That, for the purposes aforesaid, the sum of two hundred thousand dollars, out of any money in the Treasury, not otherwise appropriated, be, and the same is hereby appropriated.

The committee have received from the Third Auditor the papers relative to the case, and find that a cartel had been executed for the exchange of prisoners between the American and British governments by which it was agreed that all combatants were to be exchanged, man for man, agreeably to their rank, and that non-combatants were to be liberated. The receipt of the marshal proves that all the slaves taken on board the Dash, were combatants, and that two of them were petty officers. The attorney general offers no argument to show why the claimants were not entitled to the bounty allowed by law for slaves acting as combatants. He briefly states "That slaves of the enemy taken and brought into port during the late war, were not objects of the bounty provided by the act."

It appears by the letter of the district attorney for Georgia, dated 15th August, 1813, that he had been applied to by another owner of an armed vessel of the United States, to libel slaves as prize of war, which he refused, and adds, that those slaves were about to be delivered on board the cartel as prisoners of war in exchange, at the moment when the marshal received orders to detain them. It does not appear that there was any objection by the British to receive them as prisoners of war. Mr. Barclay (the British commissary general of prisoners) in his letter of the 23d May, 1813, to general Mason, American commissary, says, "That the American privateer Holkar captured a British vessel having sixteen negroes, British subjects, on board they have arrived at New London. The owners of the privateer claim them as British property. I beg you to direct the marshal to detain them as prisoners of war, and I will be at the expense of sending them to Boston to go in the cartel." Mr. Anthony St. John Baker, charge de affaires of his Britannic majesty, in a letter to general Mason, dated June 22d, 1816, says, "That he understands that several black and colored people, at Charleston and Savannah, captured during the late war, have not been released with the other prisoners, but are still kept in confinement by the marshals-requests general Mason to acquaint him with the cause of their detention." General Mason's answer is as follows, to wit:

"Office of Commissary General of Prisoners, Washington, July 18th, 1815.

You state that you have been informed, that several black and colored people, captured during the war, have not been released with other prisoners, and are yet held in confinement by the marshals; and

you request to be made acquainted with the cause of their detention, and with such directions as may have been given the marshals respecting them.

It is believed that there remain unrestored no blacks or people of color captured during the war, other than slaves-orders having been always given to exchange and restore, as ordinary prisoners of war, all free persons of that description.

Early in the year 1813, it was ascertained here that the British officers in command at Halifax had separated from other prisoners, and refused to give up or exchange, as prisoners of war, slaves captured on the high seas, in one of our vessels; and it was before notorious that those commanding on our coasts, and within our waters, were in the constant habit of receiving the slaves of our citizens on board British ships of war; of refusing, when applied for, to send them back to their owners, and, of either employing them in their service, or transporting them to British territories. Orders were given to the marshals to withhold from exchange, as prisoners of war, all persons of color, captured at sea, and ascertained to be slaves. Of this determination, Col. Barclay, then agent for prisoners, on the part of Great Britain, in this country, was apprised in the month of July of the same year.

At the conclusion of the war, it being known that many thousands of the slaves of our citizens, taken from our shores, had been carried off by British ships of war, and other cases of captures at sea having occurred, and no restoration having been made, as far as the government was informed, the marshals, when instructed generally, as to the restoration of prisoners, were directed to retain such as were slaves, and to dispose of them in the employment of respectable persons, in such manner, as that they should be relieved from confines ment, be forthcoming when occasion should require, and that their labor should be equivalent to their subsistence and clothing.

I am instructed to inform you, sir, that if you are authorized to make any proposition on the part of the British government for the restoration of these slaves, on terms of reciprocity, in relation to the slaves of our citizens, withheld by the British authorities, it will be received with pleasure, and considered with a view to do equal justice to the claims of the citizens, and subjects of the two nations."

Two letters of the 10th and 24th of May, 1816, from his excellency Charles Bagot, to the Secretary of State, calls the attention of the Secretary to those slaves, and request that they may be delivered to persons authorized by him to receive them. In consequence of which letters, an order issued from general Mason, dated 31st May, 1816, to the marshal of Georgia, to deliver all the British slaves captured during the late war, and detained by him, to such person as may be authorized by the British minister to receive them, and they were delivered on the 28th June, 1816, as appears by the following certificate, under the list of the slaves thus delivered.