against the commerce carried on by the citizens of the United States to the French Island of St. Domingo. January 10, 1806. The message and documents therein referred to were read. TH. JEFFERSON. A message from the House of Representatives, by Mr. Beckley, their Clerk: Mr. President: The House of Representatives have passed a bill, entitled "An act for establishing rules and articles for the government of the armies of the United States," in which they desire the concurrence of the Senate. And he withdrew. The bill was read. Ordered, That it pass to the second reading. The Senate resumed the motion made yesterday that the President of the United States be requested to lay before the Senate such information as he may deem expedient relative to the interpolation of new principles in the law of nations; and the motion was adopted. Ordered, That the Secretary lay the resolution before the President of the United States. On motion, The Senate adjourned to 11 o'clock on Monday morning. MONDAY, JANUARY 13, 1806. Mr. Gilman reported, from the committee, that they had this day examined and found duly enrolled the bill, entitled "An act to provide for light-houses in Long Island Sound, and to declare Roxbury, in the state of Massachusetts, to be a port of delivery." The bill, entitled "An act for establishing rules and articles for the government of the armies of the United States," was read the second time. Ordered, That it be referred to Messrs. Sumter, White, Adams, Anderson, and Wright, to consider and report thereon. On motion, It was agreed that the request for leave to bring in a bill prohibiting the commerce of the United States with the French Island of St. Domingo, be the order of the day for to-morrow. On motion, That the petitions of Benjamin Hichborne and others, of James Sullivan and others, and of Joseph Peppin and others, presented on the 7th instant in behalf of themselves and their associates, stating claims to certain lands ceded to the United States by the state of Georgia, be referred to a committee: the votes of the Senate being equally divided, the President determined the question in the affirmative; and Ordered, That Messrs. Baldwin, Adams, Anderson, Bradley, and Sumter, be the committee to consider and report thereon to the Senate. 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: I lay before Congress the application of Hamet Caramalli, elder brother of the reigning bashaw of Tripoli, soliciting from the United States attention to his services and sufferings in the late war against that state. And in order to possess them of the ground on which that application stands, the facts shall be stated according to the views and information of the Executive. During the war with Tripoli, it was suggested that Hamet Caramalli, elder brother of the reigning bashaw, and driven by him from his throne, meditated the recovery of his inheritance, and that a concert in action with us was desirable to him. We considered that concerted operations by those who have a common enemy were entirely Justifiable, and might produce effects favorable to both without binding either to guarantee the objects of the other. But the distance of the scene, the difficulties of communication, and the uncertainty of our information, inducing the less confidence in the measure, it was committed to our agents as one which might be resorted to, if it promised to promote our success. Mr. Eaton, however, (our late consul,) on his return from the Mediterranean, possessing personal knowledge of the scene, and having confidence in the effect of a joint operation, we authorized Commodore Barron, then proceeding with his squadron, to enter into an understanding with Hamet if he should deem it useful; and as it was represented that he would need some aids of arms and ammunition, and even of money he was authorized to furnish them to a moderate extent, according to the prospect of utility to be expected from it. In order to avail him of the advantages of Mr. Eaton's knowledge of circumstances, an occasional employment was provided for the latter as an agent for the navy in that sea. Our expectation was, that an intercourse should be kept up between the ex-bashaw and the Commodore, that while the former moved on by land, our squadron should proceed with equal pace, so as to arrive at their destination together, and to attack the common enemy by land and sea at the same time. The instructions of June 6 to Commodore Barron shew that a co-operation only was intended, and by no means an union of our object with the fortune of the ex-bashaw; and the Commodore's letters of March 22 and May 19, prove that he had the most correct idea of our intentions. His verbal instructions indeed to Mr. Eaton and Captain Hull, if the expressions are accurately committed to writing by those gentlemen, do not limit the extent of his co-operation as rigorously as he probably intended; but it is certain, from the ex-bashaw's letter of January 3d, written when he was proceeding to join Mr. Eaton, and in which he says "your operations should be carried on by sea, mine by land," that he left the position in which he was, with a proper idea of the nature of the co-operation. If Mr. Eaton's subsequent convention should appear to bring forward other objects, his letter of April 29th and May 1st, views this contention but as provisional; the second article, as he expressly states, guarding it against any ill effect, and his letter of June 30th confirms this construction. In the event it was found, that, after placing the ex-bashaw in possession of Derne, one of the most important cities and provinces of the country, where he had resided himself as governor, he was totally unable to command any resources, or to bear any part in co-operation with us. This hope was then at an end, and we certainly had never contemplated, nor were we prepared to land an army of our own, or to raise, pay, or subsist, an army of Arabs to march from Derne to Tripoli, and to carry on a land war at such a distance from our resources. Our means and our authority were merely naval, and that such were the expectations of Hamet, his letter of June 29th, is an unequivocal acknowledgment. While therefore an impression from the capture of Derne might still operate at Tripoli, and an attack on that place from our squadron was daily expected, colonel Lear thought it the best moment to listen to overtures of peace, then made by the bashaw. He did so, and while urging provisions for the United States, he paid attention also to the interests of Hamet, but was able to effect nothing more than to engage the restitution of his family, and even the persevering in this demand, suspended for some time the conclusion of the treaty. In operations at such a distance, it becomes necessary to leave much to the discretion of the agents employed, but events may still turn up beyond the limits of that discretion. Unable in such a case to consult his government, a zealous citizen will act as he believes that would direct him, were it apprised of the circumstances, and will take on himself the responsibility. In all these cases the purity and patriotism of the motives should shield the agent from blame, and even secure a sanction where the error is not too injurious. Should it be thought by any, that the verbal instructions said to have been given by Commodore Barron to Mr. Eaton amount to a stipulation that the United States should place Hamet Caramalli on the throne of Tripoli, a stipulation so entirely unauthorized, so far beyond our views, and so onerous, could not be sanctioned by our government, or should Hamet Caramalli, contrary to the evidence of his letters of January 3d and June 29th, be thought to have left the position which he now seems to regret, under a mistaken expectation that we were at all events to place him on his throne, on an appeal to the liberality of the nation, something equivalent to the replacing him in his former situation might be worthy its consideration. A nation, by establishing a character of liberality and magnanimity, gains in the friendship and respect of others more than the worth of mere money. This appeal is now made by Hamet Caramalli to the United States. The ground he has taken being different, not only from our views, but from those expressed by himself on former occasions, Mr. Eaton was desired to state whether any verbal communications passed from him to Hamet, which had varied what we saw in writing. His answer of December 5th, is herewith transmitted, and has rendered it still more necessary, that, in presenting to the legislature the application of Hamet, I should present them at the same time an exact statement of the views and proceedings of the executive, through this whole business, that they may clearly understand the ground on which we are placed. It is accompanied by all the papers which bear any relation to the principles of the co-operation, and which can inform their judgment in deciding on the application of Hamet Caramalli. January 13, 1806. TH. JEFFERSON. The message and documents therein referred to were read. After the consideration of the Executive business, TUESDAY, JANUARY 14, 1806. Mr. Worthington presented the petition of a number of French settlers of Galliopolis, grantees, on the 3d of March, 1795, of 20,000 acres of land, situated on the Ohio river, and merely opposite the mouth of little Sandusky, on condition that they settle the same within five years from the date of the letters patent, and stating that they being ignorant of this condition, are liable to lose their lands, although for the space of four years they have paid the taxes thereon, and praying the interposition of Congress in their behalf, and the petition was read. Ordered, That it be referred to Messrs. Worthington, Smith, of Tennessee, and Adair, to consider and report thereon. The following motion was submitted; and, Ordered, To lie for consideration. Resolved, That that part of the President's message which relates to the spoliations of our commerce on the high seas, and informs us of the new principles assumed by the British courts of admiralty, as a pretext for the condemnation of our vessels in their prize courts, be referred to a special committee. After the consideration of the Executive business, The Senate adjourned to 11 o'clock to-morrow morning. WEDNESDAY, JANUARY 15, 1806. The following written messages were received from the President of the United States, by Mr. Coles, his Secretary: To the Senate and House of Representatives of the United States: I now render to Congress an account of the grant of twenty thousand dollars for the contingent charges of government, by an act making appropriations for the support of government for the year 1805. Of that sum nineteen hundred and eighty-seven dollars fifty cents have been necessarily applied to the support of the territorial governments of Michigan and Louisiana, until an opportunity could occur of making a specific appropriation for that purpose. The balance, of eighteen thousand and twelve dollars fifty cents, remains in the Treasury. January 15, 1806. 2 TH. JEFFERSON. To the Senate and House of Representatives of the United States: I communicate, for the information of Congress, the report of the Director of the Mint, of the operations of that institution during the last year. January 15, 1806. The messages and documents therein referred to were read. TH. JEFFERSON. The Senate resumed the consideration of the motion made yesterday, that it be Resolved, That that part of the President's message which relates to the spoliation of our commerce on the high seas, and informs us of the new principles assumed by the British courts of admiralty, as a pretext for the condemnation of our vessels in their prize courts, be referred to a special committee. A motion was made by Mr. Adams to amend the resolution, by striking out "a special committee,” and inserting the words "the committee to whom was referred the memorial from the merchants of New York;" and, On appeal to the decision of the President, It was determined that this motion for amendment was not in order, the 15th rule for conducting business in the Senate stating that all committees shall be appointed by ballot and a plurality of votes shall make a choice. And on the question, Shall this resolution be agreed to? Yeas It was determined in the affirmative, 2 Nays 25, 3. The yeas and nays being required by one-fifth of the Senators present, Messrs. Adair, Anderson, Baldwin, Bradley, Condit, Fenner, Gilman, Hillhouse, Howland, Kitchel, Logan, Maclay, Mitchill, Moore, Smith, of Maryland, Smith, of New York, Smith, of Ohio, Smith, of Tennessee, Smith, of Vermont, Sumter, Tracy, Turner, White, Worthington, and Wright. Those who voted in the negative, are, Messrs. Adams, Pickering, and Plumer. Ordered, That Messrs. Smith, of Maryland, Mitchill, Anderson, Logan, Tracy, Adams, and Baldwin, be the committee. Mr. Logan presented the memorial of the merchants and traders of the city of Philadelphia, stating at a moment of distress, and in a season of solicitude, resulting from a novel and peculiar affection of the commercial interest of their country," certain considerations on the ruinous interference of the belligerent nations with neutral commerce; and the memorial was read. Ordered, That it be referred to Messrs. Anderson, Logan, Smith, of Maryland, Mitchill, Tracy, Adams, and Baldwin, to consider and report thereon. The Senate resumed the consideration of the motion made on the 20th December last, for leave to bring in a bill to suspend the commercial intercourse between the United States and the French Island of St. Domingo; and, On the question, Shall leave be given to bring in the bill? It passed in the affirmative, Yeas 21, The yeas and nays being required by one-fifth of the Senators present, Messrs. Adair, Anderson, Baldwin, Bradley, Condit, Fenner, Gilman, Howland, Kitchel, Logan, Maclay, Moore, Smith, of Maryland, Smith, of New York, Smith, of Ohio, Smith, of Tennessee, Smith, of Vermont, Sumter, Turner, Worthington, and Wright. Those who voted in the negative, are, Messrs. Adams, Hillhouse, Mitchill, Pickering, Plumer, Tracy, and White. So leave was given to bring in the bill, and it was read. Ordered, That it pass to the second reading. After the consideration of the Executive business, The Senate adjourned to 11 o'clock to-morrow morning. THURSDAY, JANUARY 16, 1806. The bill to suspend the commercial intercourse between the United States and the French Island of St. Domingo was read the second time. Ordered, Thai it be referred to Messrs. Logan, Baldwin, and Gilman, to consider and report thereon. Mr. Smith, of Maryland, from the committee appointed the 6th instant on the subject, reported a bill to empower George Rapp and his associates, the Society of Harmony, to purchase certain lands; and the bill was read. Ordered, That it pass to the second reading. Mr. Wright gave notice that he should, on Monday next, ask leave to bring in a bill for the protection and indemnification of American seamen. Mr. Smith, of Ohio, presented the petition of sundry purchasers of the lands of the United States in the now state of Ohio, praying an extension of the time for their future payment, and a remission of interest on their several instalments, for reasons mentioned in the petition; and the petition was read. Ordered, That it be referred to Messrs. Smith, of Ohio, Bradley, Tracy, Baldwin, and Anderson, to consider and report thereon. On motion, A committee was appointed on the message of the President of the United States of the 13th instant, as is stated on the Executive record. After the consideration of the Executive business, The Senate adjourned to 11 o'clock to-morrow morning. On motion, FRIDAY, JANUARY 17, 1806. The galleries were cleared, and the doors of the Senate chamber were closed; and after the consideration of the confidential business, The following written message were received from the President of the United States, by Mr. Coles, his Secretary: To the Senate and House of Representatives of the United States: In my message to both Houses of Congress at the opening of their present session, I submitted to their attention, among other subjects, the oppression of our commerce and navigation by the irregular practices of armed vessels, public and private; and by the introduction of new principles, derogatory of the rights of neutrals, and unacknowledged by the usage of nations. The memorials of several bodies of merchants of the United States are now communicated, and will develope these principles and practices, which are producing the most ruinous effects on our lawful commerce and navigation. The rights of a neutral to carry on commercial intercourse with every part of the dominions of a belligerent, permitted by the laws of the country, (with the exception of blockaded ports and contraband of war,) was believed to have been decided between Great Britain and the United States, by the sentence of their commissioners mutually appointed to decide on that and other questions of difference between the two nations, and by the actual payment of the damages awarded by them against Great Britain for the infractions of that right. When, therefore, it was perceived that the same principle was revived, with others more novel, and extending the injury, instructions were given to the minister plenipotentiary of the United States at the court of London, and remonstrances duly made by him on this subject, as will appear by documents transmitted herewith. These were followed by a partial and temporary suspension only, without any disavowal of the principle. He has, therefore, been instructed to urge this subject anew, to bring it more fully to the bar of reason, and to insist on rights too evident and too important to be surrendered. In the mean time the evil is proceeding, under adjudications founded on the principle which is denied. Under these circumstances the subject presents itself for the consideration of Congress. On the impressment of our seamen, our remonstrances have never been intermitted. A hope existed at one moment of an arrangement which might have been submitted to, but it soon passed away, and the practice, though relaxed at times in the distant seas, has been constantly pursued in those in our neighborhood. The grounds on which the reclamations on this subject have been urged, will appear in an extract from instructions to our minister at London now communicated. January 17, 1806. TH. JEFFERSON. The messages and documents therein referred to were in part read. A confidential message was also received from the President of the United States, by Mr. Coles, his Secretary; which was read, as is stated on the confidential journals. The bill to empower George Rapp and his associates, in the Society of Harmony, to purchase certain lands, was considered as in committee of the whole. On motion, Ordered, That the further consideration thereof be postponed. Mr. Worthington, from the committtee to whom was referred, on the 14th instant, the petition of the French settlers of Galliopolis respecting lands located by them on the river Ohio, requested and obtained leave to report by bill. Mr. Smith, of Maryland, from the committee to whom was referred, on the 31st of December last, the petition of Philip L. Jones and others, lawyers, practising at the bar of the supreme judicial court of the territory of New Orleans, asked and obtained leave to report by bill. After the consideration of the confidential and Executive business, The Senate adjourned to 11 o'clock on Monday morning. MONDAY, JANUARY 20, 1806. Mr. Mitchill, from the committee appointed, on the 6th of December last, to inquire into the expediency of appropriating a further sum of money to purchase maps and books for the library, made report in part; and the report was read. Ordered, That it lie for consideration. Mr. Mitchill, from the same committee, also reported a bill making a further appropriation for the support of the library; which was read. Ordered, That it pass to the second reading, The copy of a letter dated 23d of September, 1805, from Mr. Monroe, the minister of the United States, to the British Secretary of Foreign Affairs, referred to in the message of the President of the United States of the 17th instant, was read. |