Naval Establishment and its Expenses.

The acts of Congress have appropriated one and provisions, has heretofore been estimated at million of dollars towards building six seventy-two millions four hundred and three thousand four gun ships, and for procuring, arming, &c., six eight hundred dollars and ninety-four cents; to sloops of war, leaving about seven hundred thou- complete the wharves and docks, for seasoning sand dollars to be applied towards the six seventy-timber at the six places, where ground has been four gun ships; also, two hundred thousand dol- purchased, and to erect suitable houses, for the relars for the purchase of growing or other timber, ception of public stores, will cost, including what or of timbered lands, for the Navy, and for prepar- has already been expended, six hundred thousand ing proper places for securing the timber procured; dollars; and to make, at two of these places, proper and fifty thousand dollars for the erection of two docks for repairing of ships, may cost one hundocks, for repairing the public ships. dred thousand dollars, amounting, in the whole, to $3,103,800 00

Under these acts, contracts have been made for eight frames for seventy-four gun ships; two of them under the appropriation of two hundred thousand dollars, and the execution of them, as far as six frames, will, it is believed, be completed this Winter. A considerable part of the other timber, necessary for six ships, has been procured. Ground has been purchased at Portsmouth, New Hampshire, Charlestown, (near Boston,) Philadelphia, the City of Washington, and Norfolk; and measures have been taken to procure ground at New York, for capacious buildings and dockyards; and progress is making in preparing docks for receiving the timber, and wharves for building the ships. Contracts have also been made for cannon, and for the copper bolts and spikes, and for sheathing copper, for the seventy-four gun ships; but it is impossible to say how far those which respect copper will be executed, the works for manufacturing sheathing copper being very expensive, and, it is to be feared, beyond the reach of individual capital and enterprise.

The sums already advanced and expended on these different objects cannot be precisely ascertained; but they are not materially different from the following estimate:

For ground and improvements
Timber

Copper purchased, and advances on
contracts for sheathing copper
Cannon

Purchase of Grover's Island and
Black Beard

$186,800 00
- 210,070 00

76.913 00
33,000 00

22,516 75

$929,299 75

The agents for disbursing this money are also agents for all other purposes of the Navy; and it can only be seen what has been expended, under each head of appropriation, on settlement of their accounts. To remit money to them under each head of appropriation, allowing them to expend on that particular object only the sum remitted, would be to create the necessity of keeping, in each agent's hands, four or five times as much public money as necessary; hence, the practice has arisen in the Navy Department of drawing on one appropriation, for all Navy purposes, until that appropriation is exhausted; leaving until the settlement of the agent's accounts the charges against each appropriation for which the money has been expended.

From which is to be deducted the
sums already expended

Leaving a balance still to be appro-
priated, of

529,299 75

$2,574.500 25

If this balance should be divided into four equal parts, and one part should be appropriated in the present, and one in each of the three succeeding years, the money will be furnished as fast as it will be proper to build the ships, to give them every chance of long duration.

The timber alone of a seventy-four gun ship will cost, delivered at the ship yard: For the frame, consisting of twenty-seven thousand three hundred and eighty-seven cubic feet, If of live oak, cut to the moulds $54,774 00 If partly of live oak, or other timber as valuable, and partly of white

oak

41,080 00

67,387 00

All the timber for a frigate, to mount forty-four guns, has been estimated to cost fifty thousand dollars.

It will be impracticable to get more live oak from Georgia, after the frames already contracted for are completed, except from the islands belonging to the United States, and these are too small to furnish more than a few of the most material pieces for many ships. It will, also, soon be impracticable to obtain, in the United States, any other kind of timber superior to white oak; but there is reason to believe that, when our timber is as well seasoned, our white oak ships will last as long as those of most other countries. The experiment has never yet been fairly made.

When the United States own twelve ships of seventy-four guns, and double the number of strong frigates, and it is known that they possess the means of increasing, with facility, their naval strength, confidence may be indulged that we may then avoid those wars in which we have no interest, and without submitting to be plundered. An annual sum of one hundred and seventeen thousand three hundred and eighty-seven dollars, (over and above the appropriation for the six seventyfour gun ships already authorized,) for the purchase of timber, to be laid up in docks for seventyThe expense of building six seventy-four gun four gun ships and frigates, and the adoption of ships, and fitting them for sea, with guns and mil-efficient arrangements to secure the manufacture itary stores, and every other article except men

of copper, the culture of hemp, and the manufac

Naval Establishment and its Expenses.

ture of canvass, would, in a few years, raise us to this desirable state of security.

Thus, then, it appears that, for the small sum of six hundred and fifty-one thousand nine hundred and eighty-seven dollars thirty-four cents, the United States may keep in constant service six frigates; seven others in port, but always ready for service; the corps of marines, consisting of more than eleven hundred officers and men; and may remunerate the past, and secure the future, services of a meritorious class of men, who, in general, either sacrificed more profitable and less hazardous private employment, to devote themselves to their country, in a season of peril; or who, being qualified by education for any pursuits, have entered into the Navy, as a profession, at that time of life when professions are usually

chosen.

hundred and seventeen thousand three hundred and eighty-seven dollars, for the timber of a serenty-four and a forty-four gun ship, to be repeated annually, until an adequate quantity of timber shall be obtained, the United States may acquire the means of suddenly raising their Navy to any size which the exigency of their affairs may demand.

It will require years to cut the timber from the woods and to build a ship of seventy-four guns and, after she is built, of green timber, she will not last longer than the time consumed in building her. A ship of the same size, besides the immense advantage in point of duration, may be built and sent to sea in less than a year, if all the materials are on the spot. Timber may be preserved for ages in docks, and at little expense; and the knowledge that we possess it in that state will inspire nearly as much respect for our flag, as if the ships were built and on the ocean.

flow from that debasement of mind which a system of eternal submission to injury and injustice cannot fail to produce.

All great maritime nations retain in peace the commissioned Navy officers necessary to be employed in war, by allowing them a portion of their In a pecuniary point of view, there can be no monthly pay, on the condition of their holding comparison between the expense of creating a sufthemselves in readiness, at all times, to be called ficient Navy, and the loss a commerce, so great as into active service. The same provision is not ours, will too certainly sustain for the want of so generally extended to the midshipmen; but the such protection. But the loss of property is but a discrimination is no where just, and, in the United paltry consideration, compared with all the humilStates, in the present instance, it would be ex-lating and destructive consequences which must tremely impolitic: for the midshipmen are among the most promising young men of our country, possess all the materials to make officers equal to any in the world, and well merit the fostering care of their Government. But it would be injurious to themselves and to their country to pay them for remaining in idleness at home. No midshipman ought to receive half-pay, without exhibiting satisfactory proof that at least four months of the year for which he demanded it had been employed by him in acquiring a better knowledge of his profession; if not in foreign service, at least in the merchant ships of his own country.

It also appears that, for the further sum of six hundred and forty-three thousand six hundred and twenty-five dollars and six cents, appropriated for the present, and for each of the three succeeding years, six seventy-four gun ships may be added to the Navy; two frames for two other seventy-four gun ships may be placed in dock for seasoning; six capacious building yards, with docks for receiving large quantities of timber, may be prepared; and suitable houses, which are indispensable for the security of the naval stores, may be erected at each of the building yards.

And that, for the further appropriation of one

Before I conclude, I will take the liberty of ob serving, that the business of the Navy Department embraces too many objects for the superintendence of one person, however gifted. The public interest, I am very sensible, has already suffered from this cause; and I have no doubt that the establishment of a Board, to consist of three or five experienced Navy officers, to superintend, in subordination to the Head of the Department, such parts of the duties as nautical men are best qualified to understand and to direct, would produce a saving to the public far beyond the expense of such an establishment. Their full pay as officers. indeed, and full rations, might be deemed sufficient compensation for such duty, as it would be proper that the members of the Board should retain their rank in the Navy.

I have the honor to be, with great respect, sir. your most obedient servant,

BEN. STODDERT.
HARRISON GRAY OTIS, Esq..
Chairman of the Committee of Naval Affairs.
[The tabular statements are omitted.]

PUBLIC ACTS OF CONGRESS;

PASSED AT THE FIRST SESSION OF THE SIXTH CONGRESS, BEGUN AND HELD AT PHILADELPHIA, DECEMBER 2, 1799.

AN ACT for reviving and continuing suits and pro-be entitled to the privilege of sending and receivceedings in the Circuit Court for the district of Pennsylvania.

SEC. 2. And be it further enacted, That all writs, and other process, which may have been, Be it enacted, &c., That the commissioners apand which shall be issued, by the clerk of the said pointed under the act to which this is a supplecourt, bearing teste of April session or October ment, shall have power, on consideration and exsession, one thousand seven hundred and ninety- amination of the lists, returns, valuation, and abnine, shall be held and deemed of the same valid-stracts, rendered by the assessors, to revise, adjust ity and effect, as if the same court had been regularly held on the eleventh day of October, one thousand seven hundred and ninety-nine.

Acts of Congress.

opinion of the said judge or commissioners, cannot be had with safety or convenience in the pnson wherein the debtor is confined, it shall be lawful for him or them, by warrant under his or their hand and seals, to order the marshal or prison-keeper, to remove the debtor to such other place, convenient and near to the prison, as he or they may see fit; and to remand the debtor to the same prison, if, upon examination or cause shown by the creditor, it shall appear that the debtor ought not to be admitted to take the above recited oath or affirmation, or that he is holden for any other cause.

SEC. 5. And be it further enacted, That any person imprisoned upon process issuing from any court of the United States, except at the suit of the United States, in any civil action, against whom judgment has been or shall be recovered, shall be entitled to the privileges and relief provided by this act, after the expiration of thirty days from the time such judgment has been of shall be recovered, though the creditor should not within that time, sue out his execution, and charge the debtor therewith.

SEC. 2. And be it further enacted, That any person imprisoned on process of execution issuing from any court of the United States in civil actions, except at the suit of the United States, may have the oath or affirmation, hereinafter expressed, administered to him by the judge of the district court of the United States, within whose jurisdiction the debtor may be confined; and in case there shall be no district judge residing within twenty miles of the jail wherein such debtor may be confined, such oath or affirmation may be administered by any two persons who may be commissioned for that purpose by the district judge: The creditor, his agent or attorney, if either live SEC. 4. And be it further enacted, That if any within one hundred miles of the place of impris-person shall falsely take any oath or affirmation onment, or within the district in which the judg-authorized by this act, such person shall be deemed ment was rendered, having had at least thirty guilty of perjury, and, upon conviction thereof days previous notice by a citation served on him, shall suffer the pains and penalties in that case issued by the district judge, to appear at the time provided: and, in case any false oath or affirmaand place therein mentioned, if he see fit, to show tion be so taken by the debtor, the court, upon the cause why the said oath or affirmation should not motion of the creditor, shall recommit the debtor be so administered: At which time and place, if to the prison from whence he was liberated, there no sufficient cause, in the opinion of the judge to be detained for the said debt, in the same manner (or the commissioners appointed as aforesaid) be as if such oath or affirmation had not been taken. shown, or doth from examination appear to the contrary, he or they may, at the request of the debtor, proceed to administer to him the following cath or affirmation, as the case may be, viz. "You solemnly swear (or affirm) that you have no estate, real or personal, in possession, reversion, or remainder, to the amount or value of thirty dollars, other than necessary wearing apparel; and that you have not directly or indirectly, given, sold, leased, or otherwise conveyed to, or intrusted any person or persons with all or any part of the estate, real or personal, whereof you have been the lawful owner or possessor, with any intent to secure the same, or to receive or expect any profit or advantage therefrom, or to defraud your creditors, or have caused or suffered to be done anything else whatsoever, whereby any of your creditors may be defrauded." Which oath or affirmation being administered, the judge or commissioners shall certify the same under his or their hands to the prison-keeper, and the debtor shall be discharged from his imprisonment on such judgment, and shall not be liable to be imprisoned again for the said debt, but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or at any time afterwards, belong to the debtor. And the judge or commissioners, in addition to the certificate by them made and delivered to the prisonkeeper, shall make return of their doings to the district court, with the commission, in cases where a commission has been issued, to be kept upon the files and record of the same court. And the said judge, or commissioners, may send for books and papers, and have the same authority as a court of record, to compel the appearance of witnesses, and administer to them, as well as to the debtor, the oaths or affirmations necessary for the inquiry into, and discovery of the true state of the debtor's property, transactions and affairs.

SEC. 3. And be it further enacted, That when the examination and proceedings aforesaid, in the

Approved, January 6, 1800.

An Act for the preservation of peace with the Indian tribes.

Be it enacted, &c., That if any citizen or other person residing within the United States, or the territory thereof, shall send any talk, speech, message, or letter, to any Indian nation, tribe, or chief with an intent to produce a contravention or infraction of any treaty or other law of the United States, or to disturb the peace and tranquillity of the United States, he shall forfeit a sum not ex ceeding two thousand dollars, and be imprisoned not exceeding two years.

SEC. 2. And be it further enacted, That if any citizen or other person shall carry or deliver any such talk, speech, message, or letter, to or from any Indian nation, tribe, or chief, from or to any person or persons whatsoever, residing within the United States, or from or to any subject, citizen. or agent of any foreign Power or State, knowing the contents thereof, he shall forfeit a sum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months.

SEC. 3. And be it further enacted. That if any citizen or other person, residing or being amon the Indians, or elsewhere within the territory of the United States, shall carry on a correspondence. by letter or otherwise, with any foreign nation or power, with an intent to induce such foreign na tion or power, to excite any Indian nation. tribe,

Acts of Congress.

or chief, to war against the United States, or to the violation of any existing treaty; or in case any citizen or other person shall alienate, or attempt to alienate, the confidence of the Indians from the Government of the United States, or from any such person or persons as are or may be employed and intrusted by the President of the United States as a commissioner or commissioners, agent or agents, or in any capacity whatever, for facilitating or preserving a friendly intercourse with the Indians, or for managing the concerns of the United States with them, he shall forfeit a sum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months.

SEC. 4. And be it further enacted, That the provisions of the act, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," passed the third day of March, one thousand seven hundred and ninety-nine, be, and the same are hereby extended to carry into effect this act, and for the trial and punishment of offences against it, in the same manner as if they were herein specially recited. SEC. 5. And be it further enacted, That this act shall continue and be in force until the third day of March, in the year one thousand eight hundred and two, and no longer.

Approved, January 17, 1800.

An Act to suspend in part, an act, entitled "An act to augment the army of the United States; and for other purposes."

Be it enacted, &c.. That all further enlistments under the second section of an act, entitled "An act to augment the army of the United States, and for other purposes," shall be suspended until the further order of Congress, unless in the recess of Congress, and during the continuance of the existing differences between the United States and the French Republic, war shall break out between the United States and the French Republic, or imminent danger of invasion of their territory by the said Republic, shall, in the opinion of the President of the United States, be discovered to exist. Approved, February 20, 1800.

An Act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof.

Be it enacted, &c., That all commercial intercourse between any persons resident within the United States or under their protection, and any person or persons resident within the territories of the French Republic, or any of the dependencies thereof, shall be, and, from and after the second day of March next, is hereby prohibited and farther suspended, excepting only in the cases hereinafter provided. And any ship or vessel, owned,

An Act to repeal part of an act, entitled "An act to pro-hired, or employed, wholly or in part, by any pervide for mitigating or remitting the forfeitures, penal-son or persons resident within the United States, ties, and disabilities, accruing in certain cases therein mentioned, and to continue in force the residue of or any citizen or citizens thereof resident elsewhere, the same."

Be it enacted, &c., That the fourth section of an act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," passed on the third day of March, one thousand seven hundred and ninety-seven, shall be, and the same is hereby repealed, and the residue of the said act shall be, and the same is hereby, continued in full force without limitation of time. Approved, February 11, 1800.

and sailing therefrom after that day, which, contrary to the intent hereof, shall be voluntarily caror shall be sold, bartered, intrusted, or transferred, ried, or shall be destined or permitted to proceed, for the purpose that she may proceed, whether directly or from any intermediate port or place within the territories of that Republic, or any of the dependencies thereof; or shall be engaged in dent within the territories of that Republic, or any traffic or commerce, by or for any person resiwithin any of the dependencies thereof; and also any cargo which shall be found on board such ship or vessel, when detected and interrupted in such unlawful purpose, or at her return from such voyage to the United States, shall be wholly forfeited, and may be seized and condemned in any court of the United States having competent jurisdiction.

An Act giving further time to the holders of military warrants, to register and locate the same. Be it enacted, &c., That the Secretary of the Treasury shall, for the space of fourteen days after the expiration of the nine months heretofore allowed for that purpose, by the act, entitled "An SEC. 2. And be it further enacted, That exceptact regulating the grants of land, appropriated for ing for foreign ships or vessels owned, hired, and military services, and for the Society of the Uni- employed by persons permanently residing in ted Brethren for propagating the Gospel among Europe, and commanded and wholly navigated the Heathen," register warrants for military ser- by foreigners, no clearance for a foreign voyage vices in the form and manner as is prescribed by shall be granted to any ship or vessel whatever, the said recited act; and the priority of location until the owner or employer for the voyage, or if of said warrants, and the warrants registered un- not resident within the district where the clearance der the said recited act, shall be determined by lot, shall be required, his factor or agent, with the masimmediately after the expiration of the said four-ter and one or more sufficient surety or sureties teen days, and a day for the location shall be fixed by the Secretary of the Treasury, in a public notice given in one of the gazettes of the city of Philadelphia.

Approved, February 11, 1800.

to the satisfaction of the collector of the district, shall give bond to the United States, such owner, employer, or factor, with the master, in a sum equal to the value of the vessel, and of one-third of her cargo; and such surety or sureties in a like