CONGRESS OF THE UNITED STATES. THE Second Session of the Ninth Congress, conformably to the Constitution of the United States, commenced this day, at the City of Washington, and the Senate assembled. MONDAY, DECEMBER 1, 1806. PRESENT: The Honorable GEORGE CLINTON, Vice President of the United States, and President of the Senate. William Plumer, and From the State of New Hampshire, the Honorable {Nicholas Gilman. The Honorable William B. Giles, appointed a Senator by the legislature of the com monwealth of Virginia, for the term of six years, from and after the 4th day of March last, produced his credentials, which were read; and, the oath prescribed by law having been administered to him, he took his seat in the Senate. A message from the House of Representatives, by Mr. Beckley, their Clerk: Mr. President: I am directed to inform the Senate that a quorum of the House of Representatives is assembled, and are ready to proceed to business. And he with drew. On motion, Ordered, That the Secretary notify the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business. A message from the House of Representatives, by Mr. Beckley, their Clerk: Mr. President: The House of Representatives have appointed a joint committee on their part, with such committee as the Senate may appoint, to wait on the President of the United States, and notify him that a quorum of the two houses is assembled, and ready to receive any communications that he may be pleased to make to them. And he withdrew. The Senate took into consideration the resolution of the House of Representatives last mentioned, for the appointment of a joint committee, and Vol. IV.-14 Resolved, That they do concur therein; and Mr. Mitchill reported, from the joint committee, that they had waited on the President of the United States, agreeably to the resolution of this day, and that the President of the United States had informed the committee that he would make a communication to the two houses to-morrow, at 12 o'clock. On motion, Resolved, That each Senator be supplied, during the present session, with three such newspapers, printed in any of the states, as he may choose; provided that the same be furnished at the usual rate for the annual charge of such papers: and provided, also, that if any Senator shall choose to take any newspapers, other than daily papers, he shall be supplied with as many such papers as shall not exceed the price of three daily papers. On motion, Resolved, That two chaplains, of different denominations, be appointed to Congress during the present session, one by each house, who shall interchange weekly. Ordered, That the Secretary desire the concurrence of the House of Representatives in this resolution. The President communicated a memorial, signed James Henry, foreman of a grand jury of the territory of Michigan, against certain provisions of a bill, under consideration during the last session, to amend an act, entitled "An act to divide the Indiana territory into two separate governments, and for other purposes;" and the memorial was read. Ordered, That it lie on the table. On motion The Senate adjourned to 11 o'clock to-morrow morning. TUESDAY, DECEMBER 2, 1806. The Honorable Samuel Smith, from the state of Maryland, and the Honorable Buckner Thruston, from the state of Kentucky, attended. On motion, Resolved, That James Mathers, Sergeant-at-Arms and Doorkeeper to the Senate, be, and he is hereby, authorized to employ one assistant and two horses, for the purpose of performing such services as are usually required by the doorkeeper to the Senate; and that the sum of twenty-eight dollars be allowed him, weekly, for that purpose, to commence with, and remain during the session, and for twenty days after. The following written message was received from the President of the United States, by Mr. Coles, his Secretary: To the Senate and House of Representatives of the United States of America, in Congress assembled: It would have given me, fellow-citizens, great satisfaction to announce, in the moment of your meeting, that the difficulties in our foreign relations, existing at the time of your last separation, had been amicably and justly terminated. I lost no time in taking those measures which were most likely to bring them to such a termination, by special missions, charged with such powers and instructions as, in the event of failure, could leave no imputation on either our moderation or forbearance. The delays which have since taken place in our negotiations with the British government appear to have proceeded from causes which do not forbid the expectation that, during the course of the session, I may be enabled to lay before you their final issue. What will be that of the negotiations for settling our differences with Spain, nothing which had taken place at the date of the last despatches enables us to pronounce. On the western side of the Mississippi she advanced in considerable force, and took post at the settlement of Bayou Pierre, on the Red River. This village was originally settled by France, was held by her as long as she held Louisiana, and was delivered to Spain only as a part of Louisiana. Being small, insulated, and distant, it was not observed, at the moment of re-delivery to France and the United States, that she continued a guard of half a dozen men, which had been stationed there. A proposition, however, having been lately made, by our commander in chief, to assume the Sabine river as a temporary line of separation between the troops of the two nations until the issue of our negotiations shall be known, this has been referred by the Spanish commandant to his superior, and in the mean time he has withdrawn his force to the western side of the Sabine ri The correspondence on this subject, now communicated, will exhibit more particularly the present state of things in that quarter. ver. The nature of that country requires indispensably that an unusual proportion of the force employed there should be cavalry or mounted infantry. In order, therefore, that the commanding officer might be enabled to act with effect, I had authorized him to call on the governors of Orleans and Mississippi for a corps of five hundred_volunteer cavalry. The temporary arrangement he has proposed may perhaps render this unnecessary. But I inform you with great pleasure of the promptitude with which the inhabitants of those territories have tendered their services in defence of their country. It has done honor to themselves, entitled them to the confidence of their fellow-citizens in every part of the union, and must strengthen the general determination to protect them efficaciously under all circumstances which may occur. Having received information that in another part of the United States a great number of private individuals were combining together, arming and organizing themselves contrary to law, to carry on a military expedition against the territories of Spain, I thought it necessary, by proclamation, as well as by special orders, to take measures for preventing and suppressing this enterprize, for seizing the vessels, arms, and other means provided for it, and for arresting and bringing to justice its authors and abettors. It was due to that good faith which ought ever to be the rule of action in public as well as in private transactions; it was due to good order and regular government, that, while the public force was acting strictly on the defensive, and merely to protect our citizens from aggression, the criminal attempts of private individuals to decide, for their country, the question of peace or war, by commencing active and unauthorized hostilities, should be promptly and efficaciously suppressed. Whether it will be necessary to enlarge our regular force will depend on the result of our negotiations with Spain: but, as it is uncertain when that result will be known, the provisional measures requisite for that, and to meet any pressure intervening in that quarter, will be a subject for your early consideration. The possession of both banks of the Mississippi reducing to a single point the defence of that river, its waters, and the country adjacent, it becomes highly necessary to provide, for that point, a more adequate security. Some position above its mouth, commanding the passage of the river, should be rendered sufficiently strong to cover the armed vessels which may be stationed there for defence; and, in conjunction with them, to present an insuperable obstacle to any force attempting to pass. The approaches to the city of New Orleans, from the eastern quarter also, will require to be examined, and more effectually guarded. For the internal support of the country, the encouragement of a strong settlement on the western side of the Mississippi, within reach of New Orleans, will be worthy the consideration of the legislature. The gun boats authorized by an act of the last session are so advanced that they will be ready for service in the ensuing spring. Circumstances permitted us to allow the time necessary for their more solid construction. As a much larger number will still be wanting to place our seaport towns and waters in that state of defence to which we are competent, and they entitled, a similar appropriation for a further provision for them is recommended for the ensuing year. A further appropriation will also be necessary for repairing fortifications already established, and the erection of such other works as may have real effect in obstructing the approach of an enemy to our seaport towns, or their remaining before them. In a country whose constitution is derived from the will of the people, directly expressed by their free suffrages, where the principal executive functionaries, and those of the legislature, are renewed by them at short periods, where, under the character of jurors, they exercise in person the greatest portion of the judiciary powers, where the laws are consequently so formed and administered as to bear with equal weight and favor on all, restraining no man in the pursuits of honest industry, and securing to every one the property which that acquires, it would not be supposed that any safeguards could be needed against insurrection, or enterprise, on the public peace or authority. The laws, however, aware that these should not be trusted to moral restraints only, have wisely provided punishment for these crimes when committed. But would it not be salutary to give also the means of preventing their commission? Where an enterprise is meditated by private individuals against a foreign nation in amity with the United States, powers of prevention to a certain extent are given by the laws: would they not be as reasonable and useful where the enterprise preparing is against the United States? While adverting to this branch of law it is proper to observe, that, in enterprises meditated against foreign nations, the ordinary process of binding to the observance of the peace and good behavior, could it be extended to acts to be done out of the jurisdiction of the United States, would be effectual in some cases where the offender is able to keep out of sight every indication of his purpose which could aw on him the exercise of the powers now given by law. The states on the coast of Barbary seem generally disposed at present to respect our peace and friendship; with Tunis alone some uncertainty remains. Persuaded that it is our interest to maintain our peace with them on equal terms, or not at all, I propose to send, in due time, a reinforcement into the Mediterranean, unless previous information shall shew it to be unnecessary, We continue to receive proofs of the growing attachment of our Indian neighbors, and of their disposition to place all their interests under the patronage of the United States. These dispositions are inspired by their confidence in our justice, and in the sincere concern we feel for their welfare. And as long as we discharge these high and honorable functions with the integrity and good faith which alone can entitle us to their continuance, we may expect to reap the just reward in their peace and friendship. The expedition of Messrs. Lewis and Clarke, for exploring the river Missouri, and the best communication from that to the Pacific Ocean, has had all the success which could have been expected. They have traced the Missouri nearly to its source, descended the Columbia to the Pacific Ocean, ascertained with accuracy the geography of that interesting communication across our continent, learnt the character of the country, of its commerce, and inhabitants; and it is but justice to say, that Messrs. Lewis and Clarke, and their brave companions, have, by this arduous service, deserv ed well of their country. The attempt to explore the Red river, under the direction of Mr. Freeman, though conducted with a zeal and prudence meriting entire approbation, has not been equally successful. After proceeding up it about six hundred miles, nearly as far as the French settlements had extended, while the country was in their possession, our geographers were obliged to return without completing their work. Very useful additions have also been made to our knowledge of the Mississippi, by Lieut. Pike, who has ascended it to its source, and whose journal and map, giving the details of his journey, will shortly be ready for communication to both Houses of Congress. Those of Messrs. Lewis, Clarke, and Freeman, will require further time to be digested and prepared. These important surveys, in addition to those before possess ed, furnish materials for commencing an accurate map of the Mississippi and its western waters. Some principal rivers, however, remain still to be explored, towards which the authorization of Congress, by moderate appropriations, will be requisite, I congratulate you, fellow-citizens, on the approach of the period at which you may interpose your authority constitutionally, to withdraw the citizens of the United States from all further participation in those violations of human rights which have been so long continued on the unoffending inhabitants of Africa, and which the morality, the reputation, and the best interests of our country, have long been eager to proscribe. Although no law you may pass can take prohibitory effect till the first day of the year one thousand eight hundred and eight, yet the intervening period is not too long to prevent, by timely notice, expeditions which cannot be completed before that day. The receipts at the Treasury, during the year ending on the 30th day of September last, have amounted to near fifteen millions of dollars; which have enabled us, after meeting the current demands, to pay two millions seven hundred thousand dollars of the American claims, in part of the price of Louisiana; to pay, of the funded debt, upwards of three millions of principal, and nearly four of interest; and in addition, to reimburse, in the course of the present month, near two millions of five and an half per cent. stock. These payments and reimbursements of the funded debt, with those which had been made in the four years and an half preceding, will, at the close of the present year, have extinguished upwards of twenty-three millions of principal. The duties composing the Mediterranean fund will cease, by law, at the end of the present session, Considering, however, that they are levied chiefly on luxuries, and that we have an impost on salt, a necessary of life, the free use of which otherwise is so important, I recommend to your consideration the suppression of the duties on salt, and the continuation of the Mediterranean fund instead thereof, for a short time, after which that also will become unnecessary for any purpose now within contemplation. When both of these branches of revenue shall in this way be relinquished, there will still, ere long, be an accumulation of moneys in the Treasury beyond the instalments. of public debt which we are permitted by contract to pay. They cannot, then, without a modification, assented to by the public creditors, be applied to the extinguishment of this debt, and the complete liberation of our revenues, the most desirable of all objects: nor, if our peace continues, will they be wanting for any other existing purpose. The question therefore now comes forward: To what other objects shall these surplusses be appropriated, and the whole surplus of impost, after the entire discharge of the public debt, and during those intervals when the purposes of war |