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SENATE.

Proceedings.

DECEMBER, 1805.

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dollars be allowed him weekly for that purpose municable in the country, either by persons under the during the session, and for twenty days after. disease, or by goods carried from diseased places; that

Resolved, That two Chaplains, of different de its access is with the autumn, and it disappears with nominations, be appointed to Congress, for the the early frosts. These restrictions, within narrow present session, one by each House, who'shall in limits of time and space, give security even to our marterchange weekly.

itime cities during three-fourths of the year, and to the Ordered, That the Secretary desire the con- country always. Although from these facts it appears currence of the House of Representatives in this unnecessary, yet to satisfy the fears of foreign nations,

and cautions on their part, not to be complained of in resolution.

a danger whose limits are yet unknown to them, I

have strictly enjoined on the officers at the head of the Tuesday, December 3.

customs to certify, with exact truth, for every vessel Joseph Anderson, from the State of Tennes- this fever which prevails at the place from which she

sailing for a foreign port, the state of health respecting see ; BUCKNER THRuston, from the State of Ken- sails. Under every motive from character and duty to tucky; and Robert Wright, from the State of certify the truth, I have no doubt they have faithfully Maryland, attended.

executed this injunction, Much real injury has, howA message from the House of Representatives ever, teen sustained from a propensity to identify with informed the Senate that a quorum of the House this endemic, and to call by the same name, fevers of of Representatives is assembled, and bave appoint- very different kinds, which have been known at all ed Nathaniel Macon, Esq., one of the Repre- times and in all countries, and never have been placed sentatives for North Carolina, their Speaker, and among those deemed contagious. As we advance in are ready to proceed to business. The House of our knowledge of this disease, as facts develop the Representatives have appointed a committee on source from which individuals receive it, the State autheir part, jointly, with the committee appointed thorities charged with the care of the public health, and on the part of the Senate, to wait on the Presi-Congress with that of the general commerce, will bedent of the United States, and notify him that a

come able to regulate with effect their respective funcquorum of the two Houses is assembled, and ready tions in these departments. The burden of quaranto receive any communications that he may be tines is felt at home as well as abroad; their efficacy pleased to make to them. The House of Repre- States should be found to need no present revisal by

merits examination. Although the health laws of the sentatives agree to the resolution of the Senate Congress, yet commerce claims that their attention be for the appointment of two Chaplains.

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ever awake to them. Mr. Sumter reported, from the committee appointed yesterday to wait on the President of the

Since our last meeting the aspect of our foreign United States, that they had performed the ser

relations has considerably changed. Our coasts have vice, and that the President of the United States armed vessels, some of them without commissions,

been infested, and our harbors watched, by private informed the committee that he would make his communications to the two Houses at twelve legal form, but committing piratical acts beyond the

some with illegal commissions, others with those of o'clock this day.

authority of their commissions. They have capturThe oath prescribed by law was administered ed, in the very entrance of our harbors, as well as to Mr. THRUSTON.

on the high seas, not only the vessels of our friends The following Message was received from the coming to trade with us, but our own also. They PRESIDENT OF THE UNITED STATES:

have carried them off under pretence of legal adjudicaTo the Senate and House of Representatives

tion ; but, not daring to approach a court of justice, of the United States of America : they have plundered and sunk them by the way, or in At a moment when the nations of Europe are in obscure places, where no evidence could arise against commotion, and arming against each other, and when them; maltreated the crews, and abandoned them in those with whom we have principal intercourse are en- boats in the open sea, or on desert shores, without food gaged in the general contest, and when the coun or covering. These enormities appearing to be untenance of some of them towards our peaceable reached by any control of their Sovereigns, I found it country threatens that even that may not be unaf- necessary to equip a force to cruise within our own fected by what is passing on the general theatre, a seas, to arrest all vessels of these descriptions found meeting of the Representatives of the nation in both hovering on our coasts, within the limits of the Gulf Houses of Congress has become more than usually de- Stream, and to bring the offenders in for trial as pisirable. Coming from every section of our country they bring with them the sentiments and the informa The same system of hovering on our coasts and hartion of the whole, and will be enabled to give a direc- bors, under color of seeking enemies, has been also tion to the public affairs, which the will and the wis- carried on by public armed ships, to the great annoydom of the whole will approve and support.

ance and oppression of our commerce. New princiIn taking a view of the state of our country, we, in ples, too, have been interpolated into the law of nathe first place, notice the late affliction of two of our tions, founded neither in justice nor the usage or accities under the fatal fever which, in latter times, has knowledgment of nations. According to these, a beloccasionally visited our shores. Providence, in his ligerent takes to itself a commerce with its own goodness, gave it an early termination on this occasion, enemy which it denies to a neutral, on the ground of and lessened the number of victims which have usually its aiding that enemy in the war. But reason revolts fallen before it. In the course of the several visitations at such an inconsistency, and the neutral, having equal by this disease, it has appeared that it is strictly local, right with the belligerent to decide the question, the incident to cities and on the tide waters only, income interests of our constituents, and the duty of maintain

rates.

DECEMBER, 1805.
Proceedings.

SENATE. ing the authority of reason, the only umpire between younger portions, unencumbered with the old and those just nations, impose on us the obligation of providing having families. Upwards of three hundred thousand an effectual and determined opposition to a doctrine so able bodied men, between the ages of eighteen and injurious to the rights of peaceable nations. Indeed, twenty-six years, which the last census shows we may the confidence we ought to have in the justice of others now count within our limits, will furnish a competent still countenances the hope that a sounder view of those number for offence or defence, in any point where they rights will, of itself, induce from every belligerent a may be wanted, and will give time for raising regular more correct observance of them.

forces after the necessity of them shall become certain; With Spain, our negotiations for a settlement of dif- and the reducing to the early period of life all its active ferences have not had a satisfactory issue. Spoliations service cannot but be desirable to our younger citizens, during a former war, for which she had formally of the present as well as future times, inasmuch as it acknowledged herself responsible, have been refused engages to them in more advanced age a quiet and to be compensated but on conditions affecting other undisturbed repose in the bosom of their families. I claims in nowise connected with them. Yet the same cannot, then, but earnestly recommend to your early practices are renewed in the present war, and are al consideration the expediency of so modifying our militia ready of great amount. On the Mobile, our commerce system as, by a separation of the more active part frora passing through that river continues to be obstructed that which is less so, we may draw from it, when neby arbitrary duties and vexatious searches. Proposi- cessary, an efficient corps, fit for real and active service, tions for adjusting amicably the boundaries of Louisi- and to be called to it in regular rotation. ana have not been acceded to. While, however, the Considerable provision has been made, under former right is unsettled, we have avoided changing the state authorities from Congress, of materials for the conof things by taking new posts, or strengthening our-struction of ships of war of seventy-four guns. These selves in the disputed territories, in the hope that the materials are on hand, subject to the further will of the other Power would not, by a contrary conduct, oblige Legislature. us to meet their example, and endanger conflicts of au

An immediate prohibition of the exportation of amthority the issue of which may not be easily controlled. munition is also submitted to your determination. But in this hope we have now reason to lessen our con

Turning from these unpleasant views of violence and fidence. Inroads have been recently made into the wrong, I congratulate you on the liberation of our territories of Orleans and Mississippi, our citizens have fellow-citizens who were stranded on the coast of been seized and their property plundered in the very Tripoli and made prisoners of war. In a Government parts of the former which had been actually delivered bottomed on the will of all, the life and liberty of every up by Spain, and this by the regular officers and sol- individual citizen become interesting to all. In the diers of that Government. I have, therefore, found it treaty, therefore, which has concluded our warfare with necessary, at length, to give orders to our troops on that State, an article for the ransom of our citizens has that frontier to be in readiness to protect our citizens, been agreed to. An operation by land, by a small and to repel by arms any similar aggressions in future. band of our countrymen, and others engaged for the Other details, necessary for your full information of the occasion, in conjunction with the troops of the exstate of things between this country and that, shall be bashaw of that country, gallantly conducted by our late the subject of another communication. In reviewing Consul Eaton, and their successful enterprise on the city these injuries from some of the belligerent Powers, the of Derne, contributed, doubtless, to the impression whieh moderation, the firmness, and the wisdom, of the Le- produced peace; and the conclusion of this, prevented gislature will all be called into action. We ought opportunities of which the officers and men of our still to hope that time and a more correct estimate of squadron, destined for Tripoli, would have availed interest, as well as of character, will produce the jus- themselves to emulate the acts of valor exhibited by tice we are bound to expect. But should any nation their brethren in the attack of the last year, Reflectdeceive itself by false calculations, and disappoint that ing with high satisfaction on the distinguished bravery expectation, we must join in the unprofitable contest displayed, whenever occasions permitted, in the late of trying which party can do the other the most harm. Mediterranean service, I think it would be an useful Some of these injuries may, perhaps, admit a peaceable encouragement as well as a just reward, to make an remedy. Where that is competent it is always the opening for some present promotion, by enlarging our most desirable. But some of them are of a nature to peace establishment of captains and lieutenants. be met by force only, and all of them may lead to it.

With Tunis some misunderstandings have arisen, I cannot, therefore, but recommend such preparations not yet sufficiently explained, but friendly discussions as circumstances call for. The first object is to place with their Ambassador, recently arrived, and a mutual our seaport towns out of the danger of insult. Meas- disposition to do whatever is just and reasonable, canures have already been taken for furnishing them with not fail of dissipating these. So that we may consider heavy cannon for the service of such land batteries our peace on that coast, generally, to be on as sound a as may make a part of their defence against armed footing as it has been at any preceding time. Still it vessels approaching them. In aid of these, it is desira- will not be expedient to withdraw, immediately, the ble we should have a competent number of gunboats, whole of our force from that sea. and the number to be competent must be considerable. The law providing for a Naval Peace Establishment If immediately begun, they may be in readiness for service fixes the number of frigates which shall be kept in at the opening of the next season. Whether it will be constant service in time of peace, and prescribes that necessary to augment our land forces will be decided they shall be manned by not more than two-thirds of by occurrences probably in the course of your session. their complement of seamen and ordinary seamen. In the mean time, you will consider whether it would Whether a frigate may be trusted to two-thirds only not be expedient, for a state of peace as well as of war, of her proper complement of men, must depend on the so to organize or class the militia as would enable us, nature of the service on which she is ordered. That on any sudden emergency, to call for the services of the may sometimes for her safety, as well as to insure her

SENATE.

Proceedings.

DECEMBER, 1805. object, require her fullest complement. In adverting | claims of our citizens, assumed by the convention with to this subject, Congress will, perhaps, consider whe- France. We have not, however, made use of this auther the best limitation on the Executive discretion in thority ; because, the sum of four millions and an half, this case, would not be by the number of seamen which which remained in the Treasury on the same 30th day may be employed in the whole service, rather than by of September last, with the receipts which we may calthe number of vessels. Occasions oftener arise for the culate on for the ensuing year, besides paying the anemployment of small than of large vessels, and it would nual sum of eight millions of dollars, appropriated to lessen risk as well as expense, to be authorized to em- the funded debt, and meeting all the current demands ploy them of preference. The limitation suggested by which may be expected, will enable us to pay the the number of seamen would admit a selection of ves- whole sum of three millions seven hundred and fifty sels best adapted to the service.

thousand dollars, assumed by the French convention, Our Indian neighbors are advancing, many of them, and still leave us a surplus of nearly a million of dollars with spirit, and others beginning to engage in the pur- at our free disposal. Should you concur in the provissuits of agriculture and household manufacture. They ions of arms and armed vessels, recommended by the are becoming sensible that the earth yields subsistence circumstances of the times, this surplus will furnish the with less labor and more certainty, than the forest, means of doing so. and find it their interest, from time to time, to dispose

On the first occasion of addressing Congress, since, of parts of their surplus and waste lands for the means by the choice of my constituents, I have entered on a of improving those they occupy, and of subsisting their second term of administration, I embrace the opportufamilies while they are preparing their farms. Since nity to give this public assurance, that I will exert my your last session, the northern tribes have sold to us best endeavors to administer faithfully the Executive the lands between the Connecticut Reserve and the Department, and will zealously co-operate with you in former Indian boundary, and those on the Ohio, from every measure which may tend to secure the liberty, the same boundary to the Rapids, and for a considera- property, and personal safety, of our fellow-citizens, ble depth inland. The Chickasaws and Cherokees and to consolidate the republican forms and principles have sold us the country between and adjacent to the of our Government. two districts of Tennessee, and the Creeks the residue In the course of your session, you shall receive all of their lands in the fork of Ocmulgee, up to the Ulco- the aid which I can give, for the despatch of public fauhatche. The three former purchases are important, business, and all the information necessary for your inasmuch as they consolidate disjoined parts of our deliberations, of which the interests of our own country, settled country, and render their intercourse secure; and the confidence reposed in us by others, will admit and the second particularly so, as, with the small point a communication.

TH. JEFFERSON. on the river, which we expect is by this time ceded by

DECEMBER 3, 1805. the Piankeshaws, it completes our possession of the The Message was read and three hundred copies whole of both banks of the Ohio, from its source to thereof ordered to be printed for the use of the near its mouth, and the navigation of that river is Senate. thereby rendered forever safe to our citizens settled and settling on its extensive waters. The purchase from the Creeks 100 has been for some time particularly in

WEDNESDAY, December 4. teresting to the State of Georgia.

On motion that it be The several treaties which have been mentioned will Resolved, That a committee be appointed to exambe submitted to both Houses of Congress for the exer- ine the act, entitled “An act, to enable the people of cise of their respective functions.

the eastern division of the Territory Northwest of the Deputations, now on their way to the seat of Gov- river Ohio, to form a constitution and State govern. ernment, from various nations of Indians inhabiting ment, and for the admission of such State into the the Missouri and other parts beyond the Mississippi,come Union, on an equal footing with the original States, charged with assurances of their satisfaction with the new and for other purposes;" and that they have leave to relations in which they are placed with us, of their dispo- report, by bill or otherwise, the manner, in their opinsitions to cultivate our peace and friendship, and their de- ion, the money appropriated by the said act, ought to sire to enter into commercial intercourse with us. A state be applied : of our progress in exploring the principal rivers of that

It was agreed that this motion lie for considercountry, and of the information respecting them hith-ation. erto obtained, will be coinmunicated so soon as we shall receive some further relations which we have reason informed the Senate that the House have passed

A message from the House of Representatives shortly to expect. The recepts at the Treasury during the year ending propriation for the Naval service, during the

a bill, entitled "An act making an additional apon the 30th day of September last, have exceeded the sum of thirteen millions of dollars, which, with not which they desire the concurrence of the Senate,

year one thousand eight hundred and five," in quite five millions in the Treasury at the beginning of the year, have enabled us, after meeting other demands,

The bill was read and ordered to the second to pay nearly two millions of the debt contracted under reading. the British treaty and convention, upwards of four

The Senate proceeded to the election of a millions of principal of the public debt, and four mil- Chaplain, on their part, in pursuance of the resolions of interest

. These payments, with those which lution of the two Houses, and the ballots being had been made in three years and an half preceding, collected, were, for Doctor GANTT, 15; Bishop have extinguished of the funded debt nearly eighteen CLAGGETT, 5; Mr. McCORMICK, 2. the Rev. millions of principal.

erend Doctor GANTT was elected a Chaplain to Congress, by their act of November 10, 1803, au-Congress, on the part of the Senate, during the thorized us to borrow $1,750,000, towards meeting the present session.

DECEMBER, 1805.

Proceedings.

SENATE.

Tuesday, December 5.

Monday, December 9. BENJAMIN HOWLAND, from the State of Rhode JAMES JACKSON, from the State of Georgia, Island, attended.

attended. The bill, entitled " An act making an additional John Adair, appointed a Senator by the Leappropriation for the Naval service during the gislature of the State of Kentucky, in place of year one thousand eight hundred and five," was John BRECKENRIDGE, Esq., resigned produced his read the second time and referred to Messrs. Mir- credentials, which were read; and the oath preCHILL, BRADLEY, and SUMTER, to consider and scribed by law having been administered, he took report thereon.

his seat in the Senate. The following motion was submitted for con

A confidential Message was received from the sideration :

PRESIDENT OF THE UNITED STATES, as follows: Resolved, That a committee be appointed to inquire To the Senate and House of into the expediency of appropriating a further sum of

Representatives of the United States ; money to purchase maps and books for the library. The Senate took into consideration the motion the commerce of the United States during a preceding

The depredations which have been committed on made yesterday for the appointment of a commit- war, by persons under the authority of Spain, are suftee to examine the "Act to enable the people of ficiently known to all. These made it a duty to retbe eastern division of the Territory Northwest of quire from that Government indemnifications for our the river Ohio to form a constitution and State injured citizens; a convention was accordingly entered government, and for the admission of such State into between the Minister of the United States at Madinto the Union on an equal footing with the ori- rid, and the Minister of that Government for Foreign ginal States, and for other purposes;" and Messrs Affairs, by which it was agreed that spoliations comTracy, Anderson, WORTHINGTON, Adams, and mitted by Spanish subjects, and carried into ports of Wright, were apponted the committee.

Spain, should be paid for by that nation, and that Mr. Mirchill, from the committee to whom those committed by French subjects, and carried into was referred this day the bill, entitled "An act Spanish ports, should remain for further discussion. making an additional appropriation for the Naval Before this convention was returned to Spain with our service during the year one thousand eight hun- ratification, the transfer of Louisiana by France to the dred and five," reported the bill without amend. United States took place; an event as unexpected as ment.

disagreeable to Spain. From that moment she seemed Ordered, That this bill pass to a third reading.

to change her conduct and dispositions toward us. It Resolved, That the Secretary of the Navy be France to alienate Louisiana to us; which, however,

was first manifested by her protest against the right of requested to lay before the Senate the reasons

was soon retracted, and the right confirmed : then high why an additional appropriation is requisite for offence was manifested at the act of Congress estabthe Naval service for the current year.

lishing a collection district on the Mobile, although, by

an authentic declaration, immediately made, it was exFriday, December 6.

pressly confined to our acknowledged limits; and she The Senate took into consideration the motion Minister, under the eye of his Sovereign, unless we

now refused to ratify the convention signed by her own made yesterday for the appointment of a commit- would consent to alterations of its terms, which would tee to inquire into the expediency of appropriating have affected our claims against her for the spoliations a further sum of money to purchase maps and by French subjects carried into Spanish ports. books for the Library; and, having agreed there.

To obtain justice, as well as to restore friendship, I to, Messrs. Mirchill, Baldwin, and Tracy, were thought a special mission advisable ; and accordingly appointed the committee.

appointed James Monroe, Minister Extraordinary and Resolved, That the committee appointed to in- Plenipotentiary, to repair to Madrid, and, in conjuncquire into the expediency of purchasing maps and tion with our Minister resident there, to endeavor to books for the Library, be, and they are hereby, procure a ratification of the former convention, and to instructed to report whai disposition, in their come to an understanding with Spain as to the bounopinion, ought to be made of the one thousand daries of Louisiana. It appeared at once that her volumes of laws ordered by law to be reserved for policy was to reserve herself for events, and, in the the disposal of Congress.

meantime, to keep our differences in an undetermined The President laid before the Senate a letter state. This will be evident from the papers now comfrom the Secretary of the Navy, enclosing a re- municated to you. After nearly five months of fruitport made in pursuance of the resolution of the less endeavor to bring them to some definite and satisSenate of yesterday.

factory result, our Ministers ended the conferences, The letter and report were read, and ordered to without having been able to obtain indemnity for spolie for consideration.

liations of any description, or any satisfaction as to the A message from the House of Representatives boundaries of Louisiana, other than a declaration that informed the Senate that the House have appoint- line to the west, was one which would have left us but

we had no rights eastward of the Iberville, and that our ed the Reverend Mr. GLENDIE, a Chaplain to

a string of land on that bank of the river Mississippi. Congress on their part during the present session, Our injured citizens were thus left without any prosThe bill

, entitled "An act making an additional pect of retribution from the wrong-Joer; and, as to appropriation for the Naval service during the boundary, each party was to take its own course. That year one thousand eight hundred and five," was which they have chosen to pursue, will appear from read the third time and passed.

the documents now communicated. They authorize

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Senate.

Proceedings.

DECEMBER, 1805. the inference that it is their intention to advance on

Tuesday, December 10. our possessions, until they shall be repressed by an op ANDREW Moore, from the State of Virginia, posing force. Considering that Congress alone is

attended. constitutionally invested with the power of changing

The foll our condition from peace to war, I have thought it my PRESIDENT OF THE United States:

Message was received from the duty to await their authority for using force in any degree which could be avoided. I have barely instruct. To the Senate and House of ed the officers stationed in the neighborhood of the ag

Representatives of the United States : gressions, to protect our citizens from violence, to patrol

The enclosed documents relating to my Message of within the borders actually delivered to us, and not to the 6th instant, not being ready at that date, I thought go out of them, but, when necessary, to repelan inroad, it better not to detain the Message, but to communior to rescue a citizen or his property ; and the Spanish cate these papers afterward as supplementary to those officers remaining at New Orleans are required to then sent. They are not of a nature to be deemed depart without further delay. It ought to be noted confidential. here, that since the late change in the state of affairs

TH. JEFFERSON. in Europe, Spain has ordered her cruisers and courts

DECEMBER 10, 1805. to respect our treaty with her.

The Message and documents were read, and The conduet of France, and the part she may take ordered to lie for consideration. in the misunderstandings between the United States and Spain, are too important to be unconsidered. She was prompt and decided in her declarations, that our

Wednesday, December 11. demands on Spain for French spoliations carried into

The Senate spent the day in the consideration Spanish ports were included in the settlement between of Executive business. the United States and France : she took at once the ground that she had acquired no right from Spain, and had meant to deliver us none, eastward of the Iberville.

THURSDAY, December 12. Her silence as to the western boundary, leaving us to infer her opinion might be against Spain in that quar- Monday next, move for leave to bring in a bill to

Mr. Bradley gave notice that he should, on ter. Whatever direction she might mean to give to these differences, it does not appear that she has contem- prohibit the importation of certain persons therein plated their proceeding to actual rupture, or that, at the described, into any port or place within the jurisdate of our last advices from Paris, her Government diction of the United States, from and after the had any suspicion of the hostile attitude Spain had first day of January, which will be in the year of taken here; on the contrary, we have reason to believe our Lord 1808. that she was disposed to effect a settlement on a plan A message from the House of Representatives analogous to what our Ministers had proposed, and so informed the Senate that the House have passed comprehensive as to remove, as far as possible, the a bill, entitled “An act prohibiting for a limited grounds of future collision and controversy on the time the exportation of arms and ammunition eastern as well as western side of the Mississippi. from the United States and the Territories there

The present crisis in Europe is favorable for pressing of,” in which they desire the concurrence of the such a settlement, and not a moment should be lost in Senate. availing ourselves of it. Should it pass unimproved,

The bill mentioned in the message was read, our situation would become much more difficult. For- and ordered to a second reading. mal war is not necessary-it is not probable it will follow ; but the protection of our citizens, the spirit and honor of our country, require that force should be

Friday, December 13. interposed to a certain degree. It will probably con The bill, entitled "An act prohibitiog for a limittribute to advance the object of peace.

ed time the exportation of arms and ammunition But the course to be pursued will require the com- from the United States and the Territories theremand of means which it belongs to Congress exclu- of,” was read the second time, and referred to sively to yield or to deny. To them I communicate Messrs. BRADLEY, Baldwin, and Jackson, to every fact material for their information, and the docu- consider and report thereon. ments necessary to enable them to judge for themselves. To their wisdom, then, I look for the course I am to pursue; and will pursue, with sincere zeal, that

Monday, December 16. which they shall approve.

GEORGE Clinton, Vice President of the United TH. JEFFERSON. States and President of the Senate, attended. DECEMBER 6, 1805.

John Smith, from the State of Ohio, also atThe Message was read, and ordered to lie for tended. consideration.

A message from the House of Representatives The President laid before the Senate a letter informed the Senate that the House have apfrom the Secretary of the Treasury, enclosing the pointed the Rev. Mr. Laurie, Chaplain to Conannual report prepared in obedience to the act, gress, on their part, during the present session, in entitled "An act to establish the Treasury De- place of the Rev. Mr. Glendie, who has declined pariment."

appointment. The report was read, and ordered to lie for con Agreeably to notice given, on the 12th instant, sideration.

Mr. Bradley asked leave to bring in a bill to proAnd on motion, the House adjourned.

hibit the importation of slaves into any port or

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