Correspondence of the Secretary of State with the Marquis de Yrujo. Correspondence of the Secretary of State with the public character, or as a private individual. Making use, therefore, of these rights and privileges, I intend remaining in this city, four miles The Secretary of State to the Marquis de Yrujo. square, in which the Government resides, as long as DEPARTMENT OF STATE, Jan. 15, 1806. it may suit the interest of the King my master, or Sir: In consequence of the just objections which my own personal convenience; I must at the same your conduct had furnished against your counte-time add that I shall not lose sight of these two nance here, as the organ of communication on circumstances, as respect the period and season the part of His Catholic Majesty, it was signified in which our mutual desires for my departure at Madrid in the month of April last, through the from the United States are to be accomplished. mission of the United States there, that the subIn regard to the objections which this Governstitution of another was desired by the President. ment, in its wisdom, is pleased to call just, respectIn reply it was intimated by Mr. Cevallos, that ing the demand of my removal, I shall take the as you had yourself expressed a wish and ob- liberty of observing that although this Government tained permission to return to Spain, the purpose no doubt may have had their reasons to solicit it, might be accomplished without the necessity of a they hitherto have forgotten to communicate them recall, and that such a change in the mode would to mine; for Mr. Monroe's official letter to Mr. be agreeable to your Government; in a spirit of Cevallos on this subject merely contains vague, conciliation the arrangement proposed by Mr. undetermined, general assertions, destitute of any Cevallos was admitted; and it was not doubted, proof whatever. It is true, that he alludes to an that it would without delay have been carried attempt of mine to bribe a citizen of the United into effect. It is seen, therefore, not without sur- States, but it is equally so that as this assertion of prise, that, at this late day, you should have reGovernment is grounded on a reference to a testipaired to the seat of Government, as if nothing mony already proved incorrect, I may without had occurred, rendering such a step improper. wounding the feelings of, or be wanting in that Under these circumstances, the President has respect which I owe this Administration, permit charged me to signify to you, that your remain myself to call it false and calumnious. ing at this place is dissatisfactory to him, and that although he cannot permit himself to insist on your departure from the United States during an inclement season, he expects it will not be unnecessarily postponed, after this obstacle has ceased. I am charged by the President, at the same time, to let it be fully understood that the considerations which have led to this explanation, being altogether personal, they are perfectly consistent with the ready admission of a successor, and with all the attention, which can be due to whatever communications His Catholic Majesty may please to make, with a view to cultivate harmony and friendship between the two nations. I have the honor to be, sir, with due consideration and respect, your most obedient servant. JAMES MADISON. The Marquis de Casa Yrujo to Mr. Madison. WASHINGTON, Jan. 16, 1806. Independent of that, in the letter I had the honor of writing to you, sir, early in Sept. 1804, in which this business was completely and satisfactorily explained, if in fact the editor of the Commercial Register could ever be considered as an organ of truth, what would the American people think of their chief magistrate, of the heads of the departments, and of the acts of this administration? It is not my intention to endeavor to change by this explanation, the disposition of this Government towards my person; my object is solely to fulfil the duty my situation imposes on me of again repelling an imputation, which is as improbable in itself as it is calumnious against both my public and private character. I shall therefore, sir, communicate your letter of yesterday, to my Government: I shall also inform it of my answer, thereto; and whenever by order of the King my master, I am to return to Spain, I shall quit the United States with sentiments of affection towards a virtuous people, in whose bosom I have lived ten years, with the intimate testimony of having never committed any above all, with the consoling satisfaction of hav- M. DE CASA YRUJO. SIR: I have just received your letter of yesterday, in which you are pleased to tell me, that from the President of the United States having solicit-grounded offence against their Government; and ed my recall to Madrid, in the month of April last, he has heard with surprise my arrival in this city, the residence of Government, and that he thinks this step of mine improper, adding, at the same time, that my stay here would be dissatisfactory to him. As the object of my journey is not with the view to hatch plots, to excite conspiracies, or to promote any attempt whatever M. de Casa Yrujo to the Secretary of State. against the Government of the United States, and as hitherto I have not either directly or indirectly WASHINGTON, Jan. 19, 1806. committed acts of a similar tendency, which alone SIR: Having gone through the personal exwould justify the tenor and object of your letter; planations, which for just motives I was comto which I reply, my arrival here is an innocent pelled to enter into in my first answer to your and legal act, which leaves me in the full enjoy-letter of the 15th instant, I must now inform ment of all my rights and privileges, both as a you, sir, what otherwise would then have consti Correspondence of the Secretary of State with the Marquis De Yrujo. tuted my sole reply, namely, that the Envoy Ex-stitution and Government of this country; and traordinary and Minister Plenipotentiary of His in order that your conduct, sir, in this case, may Catholic Majesty near the United States receives no orders except from his Sovereign. I must also declare to you, sir, that I consider both the style and tenor of your letter as indecorous, and its object an infraction of the privileges attached to my public character. This violation of the diplomatic rights and privileges, as inexplicable in itself as it is ill grounded, requires on my part the most solemn protest against your said letter, its style, and the intent with which it is addressed to me. I do therefore protest in the most solemn manner I possibly can against this improper step of yours, sir; a step which, under the existing circumstances, is as contrary to the diplomatic laws and usages, as it is to the spirit of the Con not in any manner affect the privileges of the JAMES MADISON, Esq. 2 PUBLIC ACTS OF CONGRESS; PASSED AT THE FIRST SESSION OF THE NINTH CONGRESS, BEGUN AND HELD AT THE CITY OF WASHINGTON, DECEMBER 2, 1805. AN ACT making an additional appropriation for the and required to cause two good and sufficient Naval service, during the year one thousand eight hundred and five. SEC. 2. And be it further enacted, That the aforesaid sum shall be paid, first, out of the moneys accruing at the end of the year one thousand eight hundred and five, from the duties laid by the act, passed on the twenty-fifth day of March, one thousand eight hundred and four, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers ;" and, secondly, out of any moneys in the Treasury not otherwise appropriated. NÄTHL. MACON, Speaker of the House of Representatives. S. SMITH, President of the Senate, pro tempore. Approved, December 11, 1805. TH. JEFFERSON. An Act supplementary to the "Act making provisions for the payment of claims of citizens of the United States on the Government of France, the payment of which has been assumed by the United States, by virtue of the convention of the thirtieth day of April, one thousand eight hundred and three, between the United States and the French Republic." Be it enacted, &c., That the balance of the appropriation of three millions seven hundred and fifty thousand dollars, made by the act to which this is a supplement, which may remain unexpended on the thirty-first of December, one thousand eight hundred and five, shall not be carried to the credit of the surplus fund, but shall remain appropriated to the same purpose for which it was originally appropriated, any act to the contrary notwithstanding. Approved, December 31, 1805. An Act to provide for Light-houses in Long Island Sound; and to declare Roxbury, in the State of Massachusetts, to be a port of delivery. Be it enacted, fc., That the Secretary of the Treasury shall be, and he hereby is, authorized light-houses to be erected in Long Island Sound, one to be placed on Watch Hill Point, in the town of Westerly, and State of Rhode Island, and the other on Sands's or Watch Point, in the town of Northampsted, on Long Island, in the State of New York, and to appoint the keepers of the said light-houses, (under the direction of the President of the United States,) and otherwise provide for such light-houses, at the expense of the United States: Provided, That sufficient land, for the accommodation of such light-houses, can be obtained, at a reasonable price, and the Legislatures of Rhode Island and New York shall cede the jurisdiction over the same to the United States. And a sum not exceeding six thousand dollars is hereby appropriated for the purpose of defraying the expense of erecting the said lighthouses, to be paid out of any moneys in the Treasury, not otherwise appropriated. SEC. 2. And be it further enacted, That it shall be the duty of the Secretary of the Treasury to cause the said light-houses so to be constructed that their lights on being discovered may, with certainty, be distinguished from those of all other light-houses, heretofore erected in their neighborhood. SEC. 3. And be it further enacted, That the town or landing place of Roxbury, in the State of Massachusetts, shall be a port of delivery, to be annexed to the district of Boston and Charlestown, and shall be subject to the same regulations and restrictions as other ports of delivery in the United States. Approved, January 22, 1806. An Act making an additional appropriation to supply the deficiency in the appropriation for the Naval service, during the year one thousand eight hundred and five. Be it enacted, &c., That, for supplying the deficiency in the appropriation for the naval service, during the year one thousand eight hundred and five, the further sum of three hundred fifty thousand dollars, to be paid out of any moneys in the Treasury, not otherwise appropriated, be, and the same hereby is appropriated.. Approved, January 22, 1806. An Act making provision for defraying any extraor dinary expenses attending the intercourse between the United States and foreign nations. Be it enacted, &c., That a sum of two millions of dollars be, and the same is hereby appropriated Public Acts of Congress. Judges of the late Territory of the United States Northwest of the river Ohio. towards defraying any extraordinary expenses An Act for the relief of the Governor, Secretary, and which may be incurred in the intercourse between the United States and foreign nations, to be paid out of any money in the Treasury, not otherwise appropriated, and to be applied under the direc-officers of the Treasury be, and they hereby are, tion of the President of the United States, who shall cause an account thereof to be laid before Congress as soon as may be. SEC. 2. And be it further enacted, That the President of the United States be, and hereby is, authorized, if necessary, to borrow the said sum, or any part thereof, in behalf of the United States, at a rate of interest not exceeding six per centum per annum, redeemable at the will of the Congress of the United States. And it shall be lawful for the Bank of the United States to lend the whole, or any part of the same. Be it enacted, &c., That the proper accounting authorized and directed to settle, at the rate of compensation heretofore established, the accounts of the Governor, Secretary, and Judges of the late Territory of the United States Northwest of the river Ohio, for their services while acting in those capacities, respectively, at any time between the twenty-ninth day of November, one thousand eight hundred and two, and the first Tuesday of March, one thousand eight hundred and three. Approved, February 21, 1806. An Act to suspend the commercial intercourse between the United States and certain parts of the island of St. Domingo. SEC. 3. And be it further enacted, That so much as may be necessary of the surplus of the duties on imports and tonnage, beyond the permanent Be it enacted, &c., That all commercial interappropriation heretofore charged upon them, by course between any person or persons resident law, shall be, and hereby is, pledged and appro- within the United States, and any person or perpriated for the payment of the interest, and reim-sons resident within any part of the island of St. bursement of the principal, of all such moneys as may be borrowed in pursuance of this act, according to the terms and conditions on which the loan or loans may be effected. Approved, February 13, 1806. An Act making a further appropriation for the support of a Library. Domingo, not in possession, and under the acknowledged Government of France, shall be, and is hereby prohibited; and any ship or vessel, owned, hired, or employed, wholly or in part, by any person or persons resident within the United States, and sailing from any port of the United States, after due notice of this act at the custom houses, respectively, which, contrary to the intent Be it enacted, &c., That, in addition to the un- hereof, shall be voluntarily carried, or shall be expended balance of the former appropriation destined to proceed, whether directly, or from any made to purchase books for the use of Congress, intermediate port or place within the island of St. which is hereby revived and continued, there Domingo, and not in posssession, and under the shall be appropriated the sum of one thousand acknowledged Government of France; and also dollars yearly, for the term of five years; to be any cargo which shall be found on board of such paid out of any moneys in the Treasury not other- ship or vessel, when detected and interrupted in wise appropriated, and expended under the direc- such unlawful purpose, or at her return from such tion of a joint committee, to consist of three mem-voyage, to the United States, shall be wholly forbers of the Senate, and three members of the House of Representatives, to be appointed every session of Congress, during the continuance of this appropriation. Approved, February 21, 1806. An Act to repeal, in part, the fourth section of an act, entitled "An act to authorize a grant of lands to the French inhabitants of Galliopolis; and for other purposes therein mentioned." feited, and may be seized and condemned in any court of the United States having competent jurisdiction. SEC. 2. And be it further enacted, That after due notice of this act at the several custom houses, no ship or vessel whatever shall receive a clearance for any port or place within the island of St. Domingo, and not in the actual possession of France: nor shall any clearance be granted for a foreign voyage to any ship or vessel, owned, hired, Be it enacted, &c., That so much of the fourth or employed, wholly or in part, by any person or section of an act, entitled "An act to authorize a persons, resident within the United States, until grant of lands to the French inhabitants of Galli-the owner or the employer for the voyage, or his opolis; and for other purposes therein mentioned," factor or agent, with the master, shall give bond as imposes the condition of an actual settlement to the United States, in a sum equal to the value on the said inhabitants, or any of them, their heirs or assigns, be, and the same is hereby, repealed. And in every case where a patent has issued, in conformity with the said fourth section, to any of the inhabitants aforesaid, their heirs or assigns, the conditions aforesaid, inserted in any such patent, shall be considered null and void; and the fee simple be vested to all intents and purposes, in the person to whom such patent has been issued, his or her heirs or assigns. Approved, February 21, 1806. of the vessel and of her cargo, with condition that the ship or vessel, for which a clearance shall be required, is destined to some port or place without the limits of such part of the island of St. Domingo, as shall not be in the actual possession, and under the acknowledged Government of France, and during the intended voyage shall not be voluntarily carried, or permitted to proceed, whether directly or from any intermediate port or place, to any port or place within such part of the island of St. Domingo, as shall not be in the actual pos Public Acts of Congress. Approved, February 28, 1806. session, and under the acknowledged Government district of Cincinnati, on the same terms and of France; and in case of being forced by any conditions as have been provided for the public casualty into any port or place hereby interdicted, sale of the public lands of the United States. shall not, at any such port or place, voluntarily Six weeks notice shall be given of the day of sale, sell, deliver, or unlade any part of such cargo, ex-in at least two newspapers published in the State cept so much as may be absolutely necessary to of Ohio. defray the expenses requisite to enable such vessel to proceed on her intended voyage; and generally, that such ship or vessel, whilst on such voyage, shall not be employed in any traffic or commerce, with or for any person resident within any part of the island of St. Domingo, not in the actual possession, and under the acknowledged Government of France. SEC. 3. And be it further enacted, That all penalties and forfeitures incurred by force of this act, and which may be recovered, shall be distributed and accounted for, in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage, passed the second day of March, one thousand seven hundred and ninety-nine, and may be mitigated and remitted in the manner prescribed by the act, entitled "An act for mitigating and remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned;" passed the third of March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed the eleventh of February, one thousand eight hundred. SEC. 4. And be it further enacted, That this act shall continue and be in force for one year, and no longer. SEC. 5. And be it further enacted, That at any time after the passing of this act it shall be lawful for the President of the United States, if he shall deem it expedient, and consistent with the interests of the United States, by his order, to remit and discontinue the restraints and prohibitions on the commerce aforesaid. Approved, February 28, 1806. An Act extending the powers of the Surveyor General to the Territory of Louisiana; and for other purposes. 'Be it enacted, &c., That the powers vested by law in the Surveyor General shall extend over all the public lands of the United States, in the Territory of Louisiana, to which the Indian title has been, or hereafter shall be, extinguished. It shall be the duty of the said Surveyor General to appoint a sufficient number of skilful surveyors, as his deputies, in the said Territory, one of whom he shall, with the approbation of the Secretary of the Treasury, designate as his principal deputy for the same. Which said deputies shall severally take an oath, or affirmation, truly and faithfully to discharge the duties of their respective offices. The said principal deputy shall reside and keep an office in the said Territory, and shall, under the superintendence of the Surveyor General, execute, or cause to be executed by the other deputies, such surveys as may hereafter be authorized by law, or as he may be directed to execute by the commissioners appointed for the purpose of ascer taining the titles and claims to land within the Territory aforesaid; and shall generally perform therein. in conformity with the regulations and instructions of the said Surveyor General, the duties imposed by law on the said Surveyor General. SEC. 2. And be it further enacted, That all the plots of surveys, and all other papers and documents pertaining, or which did pertain to the office of Surveyor General, under the Spanish Gov An Act authorizing the sale of a tract of land, in the ernment, within the limits of the Territory afore town of Cincinnati, and State of Ohio. Be it enacted, &c., That, for the disposal of a certain tract or lot of land, belonging to the United States, in the town of Cincinnati, on the Ohio, being the same on which Fort Washington was erected, the Secretary of the Treasury shall cause the said tract to be surveyed and laid off into town lots, streets, and avenues, in such manner, and of such dimensions, as he may judge proper, conforming as near as may be to the original plan of the town: when the survey is completed, a plat thereof shall be returned to the surveyor general, on which the lots shall be denominated by progressive numbers, who shall therefrom cause two copies to be made, one to be transmitted to the Secretary of the Treasury, and the other to the register of the land office at Cincinnati: on the receipt of which plat the Secretary of the Treasury shall cause the said town lots to be of fered to the highest bidder at public sale, to be held at Cincinnati, under the superintendence of the register and receiver of the land office in the said, or to any other office heretofore established or authorized for the purpose of executing, or recording surveys of lands within the said limits, shall be delivered to the principal deputy aforesaid; and no plot of survey shall be admitted as evidence, in any court of justice, unless certified by the said principal deputy, to be a true copy of the record in his office. SEC. 3. And be it further enacted, That so much of the act, entitled, "An act for ascertaining and adjusting the titles and claims to land within the Territory of Orleans, and the district of Louisiana," as makes it the duty of every claimant to lands, within the Territory of Louisiana, to deliver to the recorder of land titles a plot of the tract, or tracts, claimed by him, be, and the same is hereby repealed, so far as relates to claimants whose tracts had not been surveyed by the proper officer, under the Spanish Government, prior to the twentieth day of December, one thousand eight hundred and three. And the commissioners appointed for ascertaining the titles and claims to lands, within either the Territory of Louisiana, or that of Or |