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tion of France went into mourning. So did the House of Reps. of the U. S.: the Senate refused. I proposed to General Washington that the executive department should wear mourning; he declined it, because he said he should not know where to draw the line, if he once began that ceremony. Mr. Adams was then Vice President, & I thought Genl. W. had his eye on him, whom he certainly did not love. I told him the world had drawn so broad a line between himself & Dr. Franklin, on the one side, and the residue of mankind, on the other, that we might wear mourning for them, and the question still remain new & undecided as to all others. He thought it best, however, to avoid it. On these considerations alone, however well affected to the merit of Commodore Barry, I think it prudent not to engage myself in a practice which may become embarrassing. Tremendous times in Europe! How mighty this battle of lions & tygers! With what sensations should the common herd of cattle look on it? no partialities, certainly. If they can so far worry one another as to destroy their power of tyrannizing, the one over the earth, the other the waters, the world may perhaps enjoy peace, till they recruit again. Affectionate & respectful salutations.

With

THIRD ANNUAL MESSAGE.'

OCTOBER 17, 1803.

J. MSS.

To the Senate and House of Representatives of the United States:

In calling you together, fellow citizens, at an earlier day than was contemplated by the act of the last session of Congress, I have not been insensible to the personal inconveniences necessarily resulting from an unexpected change in your arrangements.

A draft of this message was submitted to Madison, who on Oct. 1st returned the following notes to the president :

"(o) for 'before' is suggested 'without,' the former seeming to imply that after the suspension, an assignt had been made.

"(1) After or for 'friendly' insert 'proper.'

"Omit without difficulty or delay.' There was perhaps somewhat of both, and it may become expedient to say so to Spain.

"(2) The enlightened mind of the first consul of France saw in its true point of view the importance of an arrangement on this subject which might contribute most towards perpetuating the peace and friendship, and promoting the interest of both nations; and the property and sovereignty of all Louisiana, as it had been ceded to France by Spain, was conveyed to the U. States by instruments bearing date on the 30th day of April last. These stipulations (instruments) will be immediately laid before the Senate, and if sanctioned by its concurrence will without delay be communicated to the House of Reps. for the exercise of its constitutional functions thereon.

"Such a modification of the paragraph is meant to avoid the implication that the transfer made by France, was covered by the terms 'territory adjacent to ours' which describe our proposition. It will also avoid, what the theory of our constitution does not seem to have met, the influence of deliberations and anticipations of the H. of Reps. on a Treaty depending in the Senate. It is not conceived that the course here suggested can produce much delay, since the tenor of the treaty being sufficiently known, the mind of the house can be preparing itself for the requisite provisions. Delay would be more likely to arise from the novelty and doubtfulness of a communication in the first instance, of a treaty negotiated by the Executive, to both Houses for their respective deliberations.

“(3) After 'assure' are proposed 'in due season, and under prudent arrangements, important aids to our Treasury, as well as,' an ample &c.

'Query: If the two or three succeeding Ps. be not more adopted to the separate and subsequent communication if adopted as above suggested.

"(4) For the first sentence may be substituted in the territory between the Mississippi and the Ohio, another valuable acquisition has been made by a treaty &c.' As it stands, it does not sufficiently distinguish the nature of the

But matters of great public concernment have rendered this call necessary, and the interest you feel in these will supersede in your minds all private considerations.

Congress witnessed, at their last session, the extraordinary agitation produced in the public mind by the suspension of our right of deposit at the port of New Orleans, no assignment of another place having been made according to treaty. They were sensible one acquisition from that of the other, and seems to imply that the acquisition from France was wholly on the other side of the Mississippi.

"May it not be as well to omit the detail of the stipulated considerations, and particularly, that of the Roman Catholic Pastor. The jealousy of some may see in it a principle, not according with the exemption of Religion from civil power. In the Indian Treaty it will be less noticed than in a President's message.

"Tho' not so indispensable since the acquisition of the other bank' conveys an idea that an immediate settlement of the other bank is in view, and may thence strengthen objections in certain quarters to the treaty with France.

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"With a tacit allusion to profit, 'is yet well' may be struck out and may be the more worthy' inserted.

"The last sentence in this P. may be omitted, if the reason applied to a former one be thought good.

"(5) Must also be expected' better perhaps are also to be apprehended' for both' 'all' or 'the' belligerent &c. Holland already makes more than two.

"After cover of our flag' substitute for vessels not entitled to, infecting thereby with suspicion the property of the real American and committing us to the risk of war to redress wrongs not our own.' Instead of 'to expect from every nation,' which does not follow well the antecedent 'endeavor' may be inserted to exact, to draw.'

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This member of the sentence may indeed be dispensed with, being comprehended in the ensuing member, viz. ‘maintain the character of an independent one &c.'

"Maintain' being repeated several times within a small compass, pursue this course,' may be preferable.

"(6) For this conclusion, is offered for consideration the following 'for the possibility of failure in these reasonable expectations, it will rest with the wisdom of Congress to consider how far and in what form, provision may be properly made, for suspensions of intercourse when it cannot be maintained on principles of justice and self-respect,' or 'and therewith prevented, the necessity of remedial provisions on the part of the U. States.'

**(7) for unconcerned in '-' and from.'"

On Oct. 3d the President wrote to Gallatin :

“Th. Jefferson asks the favor of Mr. Gallatin to examine with rigor the

that the continuance of that privation would be more injurious to our nation than any consequences which could flow from any mode of redress, but reposing just confidence in the good faith of the government whose officer had committed the wrong, friendly and reasonable representations were resorted to, and the right of deposit was restored.

Previous, however, to this period, we had not been unaware of the danger to which our peace would be perpetually exposed while so important a key to the commerce of the western country remained under foreign power. Difficulties, too, were presenting themselves as to the navigation of other streams, which, arising within our territories, pass through those adjacent. Propositions had, therefore, been authorized for obtaining, on fair conditions, the sovereignty of New Orleans, and of other possessions in that quarter interesting to our quiet, to such extent as was deemed practicable; and the provisional appropriation of two millions of dollars, to be applied and accounted for by the president of the United States, intended as part of the price, was considered as conveying the sanction of Congress to the acquisition proposed. The enlightened government of France saw, with just discernment, the importance to both nations of such liberal arrangements as might best and permanently promote the peace, friendship, and interests of both; and the property and sovereignty of all Louisiana, which had been restored to them, have on certain conenclosed project of the message to Congress, and to note on a separate paper the alterations he thinks advantageous. As it is to go through the hands of the other gentlemen of the Cabinet, his immediate attention to it is desirable. He also asks the favor of Mr. Gallatin to meet the heads of Department here tomorrow at ten o'clock."

He further wrote him on Oct. 17th:

"Will you be so good as to enable me this morning to fill up the blank in the following passage of the message.

"An account of the receipts & expenditures of the year ending the 30th of Sep. last, with the estimates for the ensuing year, will be laid before you by the Secy. of the Treasy so soon as the receipts of the last quarter shall be returned from the more distant states. It is already ascertained that the amount paid into the Treasury for that year will exceed & that the

revenue accrued during the same term, exceeds the sum counted on as sufficient for our current expenses, and to extinguish the public debt within the period heretofore proposed."

ditions been transferred to the United States by instruments bearing date the 30th of April last. When these shall have received the constitutional sanction of the senate, they will without delay be communicated to the representatives also, for the exercise of their functions, as to those conditions which are within the powers vested by the constitution in Congress. While the property and sovereignty of the Mississippi and its waters secure an independent outlet for the produce of the western States, and an uncontrolled navigation through their whole course, free from collision with other powers and the dangers to our peace from that source, the fertility of the country, its climate and extent, promise in due season important aids to our treasury, an ample provision for our posterity, and a wide-spread field for the blessings of freedom and equal laws.

With the wisdom of Congress it will rest to take those ulterior measures which may be necessary for the immediate occupation and temporary government of the country; for its incorporation into our Union; for rendering the change of government a blessing to our newly-adopted brethren; for securing to them the rights of conscience and of property: for confirming to the Indian inhabitants their occupancy and self-government, establishing friendly and commercial relations with them, and for ascertaining the geography of the country acquired. Such materials for your information, relative to its affairs in general, as the short space of time has perinitted me to collect, will be laid before you when the subject shall be in a state for your consideration.

Another important acquisition of territory has also been made since the last session of Congress. The friendly tribe of Kaskaskia Indians with which we have never had a difference, reduced by the wars and wants of savage life to a few individuals unable to defend themselves against the neighboring tribes, has transferred its country to the United States, reserving only for its members what is sufficient to maintain them in an agricultural way. The considerations stipulated are, that we shall extend to them our patronage and protection, and give them certain annual aids in money, in implements of agriculture, and other articles of their choice. This country, among the most fertile within our limits, extending along the Mississippi from the mouth of the

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