CONGRESS OF THE UNITED STATES.

THE First Session of the Tenth Congress, conformably to the Proclamation of the President of the United States, of the 30th July last, commenced this day, at the City of Washington, and the Senate assembled.

MONDAY, OCTOBER 26, 1807.

PRESENT:

The Honorable GEORGE CLINTON, Vice President of the United States, and Presi dent of the Senate.

From the State of New Hampshire, the Honorable

Nicholas Gilman.
Timothy Pickering
John Quincy Adams, and

Benjamin Howland.
Stephen R. Bradley.
Samuel L. Mitchill.
SJohn Condit, and
Aaron Kitchel.
S Samuel Maclay, and
Andrew Gregg,
Samuel White.
Samuel Smith, and
Philip Reed.

James Turner.
Thomas Sumter.

John Milledge.
Buckner Thruston.

the Honorable Joseph Anderson, and

Daniel Smith.

The Honorable Jesse Franklin, appointed a Senator by the legislature of the state of North Carolina, for the term of six years, commencing on the fourth day of March last; the Honorable George Jones, appointed a Senator by the Executive of the state of Georgia, to fill the vacancy occasioned by the death of the Honorable Abraham Baldwin; the Honorable Nahum Parker, appointed a Senator by the legislature of the state of New Hampshire, for the term of six years, commencing on the fourth day of March last; the Honorable Jonathan Robinson, appointed a Senator by the legislature of the State of Vermont, to supply the place of the Honorable Israel Smith, whose seat has become vacant; and the Honorable Edward Tiffin, appointed a Senator by the legislature of the state of Ohio, for the term of six years, commencing on the fourth day of March last, respectively took their seats, and produced their credentials, which were read; and the oath prescribed by law was administered to them.

The Honorable John Pope, appointed a Senator by the state of Kentucky, for the term of six years, commencing on the fourth of March last, stated that the governor and secretary being absent when he left home, he came to the seat of government without his credentials; but that he expected they would be speedily forwarded to him: Whereupon, he took his seat in the Senate, and the oath was administered to him as the law prescribes.

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The oath was also administered to Messrs. Bradley, Gregg, Milledge, and Reed, their credentials having been read and filed during the last session.

On motion,

Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business.

On motion,

Ordered, That Messrs. Anderson and Bradley be a committee on the part of the Senate, together with such committee as the House of Representatives may appoint on their part, 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.

Ordered, That the Secretary acquaint the House of Representatives therewith.
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 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.

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.

A motion was submitted, by Mr. Anderson, for consideration, as follows:

Resolved, That a committee be appointed to take into consideration the expediency of authorizing the state of Tennessee to reduce the price of certain lands which were ceded to the said state by the United States, by an act, entitled "An act authorizing the state of Tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to vacant and unappropriated lands within the same, to such price as the legislature of said state may, in their judgment, deem expedient; and that the committee have leave to report by bill or otherwise; and the motion was read. A message from the House of Representatives, by Mr. Magruder, their Clerk: Mr. President: I am directed to inform the Senate that a quorum of the House of Representatives is assembled, and have elected Joseph B. Varnum, Esq. one of the Representatives for Massachusetts, their Speaker, and are ready to proceed to business. They have appointed a committee on their part, jointly, with the committee appointed on the part of the Senate, 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 adjourned to 11 o'clock to-morrow morning.

TUESDAY, OCTOBER 27, 1807.

Mr. Anderson reported, from the joint committee, that they had waited on the President of the United States, agreeably to the resolution of yesterday, and that the President informed the committee that he would make a communication to the two houses this day, at 12 o'clock.

The President communicated the petition of Samuel Biddle and others, American citizens, impressed on board his Britannic majesty's ship Wolverine; and the petition

was read.

Ordered, That it be communicated to the House of Representatives.

The President also communicated the declaration of the American citizens on the Mobile, with relation to British aggressions; which was read.

Ordered, That it lie on the table.

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:

Circumstances, fellow-citizens, which seriously threatened the peace of our country have made it a duty to convene you at an earlier period than usual. The love of peace so much cherished in the bosoms of our citizens, which has so long guided the proceedings of their public councils, and induced forbearance under so many wrongs, may not ensure our continuance in the quiet pursuits of industry. The many injuries and depredations committed on our commerce and navigation upon the high seas for years past, the successive innovations on those principles of public law which have been established by the reason and usage of nations as the rule of their intercourse, and the umpire and security of their rights and peace, and all the circumstances which induced the extraordinary mission to London, are already known to you. The instructions given to our ministers were framed in the sincerest spirit of amity and moderation. They accordingly proceeded, in conformity therewith, to propose arrangements which might embrace and settle all the points in difference between us, which might bring us to a mutual understanding on our neutral and national rights, and provide for a commercial intercourse on conditions of some equality. After long and fruitless endeavors to effect the purposes of their mission, and to obtain arrangements within the limits of their instructions, they concluded to sign such as could be obtained, and to send them for consideration: candidly declaring to the other negotiators, at the same time, that they were acting against their instructions, and that their government therefore could not be pledged for ratification. Some of the articles proposed might have been admitted on a principle of compromise, but others were too highly disadvan tageous; and no sufficient provision was made against the principal source of the irritations and collisions which were constantly endangering the peace of the two nations. The question, therefore, whether a treaty should be accepted in that form could have admitted but of one decision, even had no declarations of the other party impaired our confidence in it. Still anxious not to close the door against friendly adjustment, new modifications were framed, and further concessions authorized than could before have been supposed necessary; and our ministers were instructed to resume their negotiations on these grounds. On this new reference to amicable discussion we were reposing in confidence, when, on the 22d day of June last, by a formal order from a British admiral, the frigate Chesapeake, leaving her port for a distant service, was attacked by one of those vessels which had been lying in our harbors under the indulgences of hospitality, was disabled from proceeding, had several of her crew killed, and four taken away. On this outrage no commentaries are necessary. Its character has been pronounced by the indignant voice of our citizens with an emphasis and unanimity never exceeded. I immediately, by proclamation, interdicted our harbors and waters to all British armed vessels, forbade intercourse with them; and uncertain how far hostilities were intended, and the town of Norfolk indeed being threatened with immediate attack, a sufficient force was ordered for the protection of that place, and such other preparations commenced and pursued as the prospect rendered proper. An armed vessel of the United States was dispatched with instructions to our ministers at London to call on that government for the satisfaction and security required by the outrage. A very short interval ought now to bring the answer, which shall be communicated to you as soon as received; then, also, or as soon after as the public interests shall be found to admit, the unratified treaty and proceedings relative to it, shall be made known to you.

The aggression thus begun has been continued on the part of the British commanders, by remaining within our waters in defiance of the authority of the country, by habitual violations of its jurisdiction, and, at length, by putting to death one of the persons whom they had forcibly taken from on board the Chesapeake. These aggravations necessarily lead to the policy either of never admitting an armed vessel into our harbors, or of maintaining in every harbor such an armed force as may constrain obedience to the laws, and protect the lives and property of our citizens against their armed guests. But the expense of such a standing force, and its inconsistence with our principles, dispense with those courtesies which would necessarily call for it, and leave us equally free to exclude the navy as we are the army of a foreign power from entering our limits.

To former violations of maritime rights another is now added of very extensive effect. The government of that nation has issued an order interdicting all trade by neu trals between ports not in amity with them. And being now at war with nearly every nation on the Atlantic and Mediterranean seas, our vessels are required to sacrifice their cargoes at the first port they touch, or to return home without the benefit of going to any other market. Under this new law of the ocean, our trade on the Mediter

ranean has been swept away by seizures and condemnations, and that in other seas is threatened with the same fate.

Our differences with Spain remain still unsettled; no measure having been taken on her part, since my last communications to Congress, to bring them to a close. But under a state of things which may favor reconsideration, they have been recently pressed, and an expectation is entertained that they may now soon be brought to an issue of some sort, With their subjects on our borders no new collisions have taken place nor seem immediately to be apprehended. To our former grounds of complaint has been added a very serious one, as you will see by the decree, a copy of which is now communicated. Whether this decree, which professes to be conformable to that of the French government of November 21, 1806, heretofore communicated to Congress, will also be conformed to that in its construction and application in relation to the United States, had not been ascertained at the date of our last communications. These, however, gave reason to expect such a conformity.

With the other nations of Europe our harmony has been uninterrupted, and commerce and friendly intercourse have been maintained on their usual footing.

Our peace with the several states on the coast of Barbary appears as firm as at any former period, and as likely to continue as that of any other nation.

Among our Indian neighbors in the north-western quarter, some fermentation was observed soon after the late occurrences, threatening the continuance of our peace.、 Messages were said to be interchanged, and tokens to be passing, which usually denote a state of restlessness among them, and the character of the agitators pointed to the sources of excitement. Measures were immediately taken for providing against that danger: instructions were given to require explanations, and, with assurances of our continued friendship, to admonish the tribes to remain quiet at home, taking no part in quarrels not belonging to them. As far as we are yet informed, the tribes in our vicinity, who are most advanced in the pursuits of industry, are sincerely disposed to adhere to their friendship with us, and to their peace with all others. While those more remote do not present appearances sufficiently quiet to justify the intermission of military precaution on our part.

The great tribes on our south-western quarter, much advanced beyond the others in agriculture and household arts, appear tranquil and identifying their views with ours, in proportion to their advancement. With the whole of these people, in every quarter, I shall continue to inculcate peace and friendship with all their neighbors, and perseverance in those occupations and pursuits which will best promote their own well being.

The appropriations of the last session, for the defence of our seaport towns and harbors, were made under expectation that a continuance of our peace would permit us to proceed in that work according to our convenience. It has been thought better to apply the sums then given, towards the defence of New York, Charleston, and New Orleans chiefly, as most open and most likely first to need protection; and to leave places less immediately in danger to the provisions of the present session.

The gun-boats too already provided have, on a like principle, been chiefly assigned to New York, New Orleans, and the Chesapeake. Whether our movable force on the water, so material in aid of the defensive works on the land, should be augmented in this or any other form, is left to the wisdom of the legislature. For the purpose of manning these vessels, in sudden attacks on our harbors, it is a matter for consideration, whether the seamen of the United States may not justly be formed into a special militia to be called on for tours of duty in defence of the harbors where they shall happen to be; the ordinary militia of the place furnishing that portion which may consist of landsmen.

The moment our peace was threatened, I deemed it indispensable to secure a greater provision of those articles of military stores with which our magazines were not suf ficiently furnished. To have awaited a previous and special sanction by law would have lost occasions which might not be retrieved. I did not hesitate, therefore, to authorize engagements for such supplements to our existing stock as would render it adequate to the emergencies threatening us: and I trust that the Legislature, feeling the same anxiety for the safety of our country, so materially advanced by this precaution, will approve, when done, what they would have seen so important to be done, if then assembled. Expenses, also unprovided for, arose out of the necessity of calling all our gun-boats into actual service for the defence of our harbors; of all which ac counts will be laid before you.

Whether a regular army is to be raised, and to what extent, must depend on the information so shortly expected. In the mean time, I have called on the states for quotas of militia, to be in readiness for present defence; and have, moreover, encouraged the