CONGRESS OF THE UNITED STATES. THE Second Session of the Eleventh Congress, conformably to the act passed the last session, entitled "An act to fix the time for the next meeting of Congress," commenced this day; and the Senate assembled at the city of Washington. MONDAY, NOVEMBER 27, 1809. PRESENT, From the State of New Hampshire, the Honorable Connecticut, Nicholas Gilman. Massachusetts, the Honorable Timothy Pickering. Vermont, New Jersey, Jonathan Robinson. the Honorable John Lambert. the Honorable {Andrew Gregg, and the Honorable North Carolina, the Honorable South Carolina, the Honorable Kentucky, Michael Leib. S Thomas Sumter, and the Honorable John Pope. S Buckner Thruston, and Return Jonathan Meigs, and the Honorable {Stanley Griswold. The number of Senators present not being sufficient to constitute a quorum, On motion, The Senate adjourned to 11 o'clock to-morrow morning. TUESDAY, NOVEMBER 28, 1809. The Senate assembled; present as yesterday; and the Honorable Obediah German, from the state of New York, the Honorable James Hillhouse, from the state of Connecticut, the Honorable Elisha Mathewson, from the state of Rhode Island, and the Honorable Nahum Parker, from the state of New Hampshire, severally attended. The Honorable Andrew Gregg, President pro tempore, resumed the chair. The President communicated a letter from the surveyor of the public buildings, stating the difficulties that have prevented the entire completion of the permanent Senate chamber; which letter was read. On motion, by Mr. Gilman, 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. Gilman and Gaillard be a committee on the part of the Senate, together with such committee as may be appointed by the House of Representatives 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. 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 ready to proceed to business. The House of Representatives have appointed a committee on their part, jointly, with such committee as may be 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. On motion, by Mr. Gilman, 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, by Mr. Bradley, 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. Mr. Gilman reported, from the joint committee, that they had waited on the President of the United States, agreeably to order, and that the President of the United States informed the committee that he would make a communication to the two Houses to-morrow, at 12 o'clock. On motion, The Senate adjourned to 11 o'clock to-morrow morning. WEDNESDAY, november 29, 1809. The Honorable James Lloyd, from the state of Massachusetts, attended. On motion, by Mr. Bradley, Resolved, That the letter from the surveyor of the public buildings, communicated yesterday, be referred to a select committee, to consider and report thereon; and Ordered, That Messrs. Bradley, Lloyd, and Leib, be the committee. The following written message was received from the President of the United States, by Mr. Graham: Fellow-citizens of the Senate and of the House of Representatives: At the period of our last meeting, I had the satisfaction of communicating an adjustment with one of the principal belligerent nations, highly important in itself, and stil more so, as presaging a more extended accommodation. It is with deep concern, I am now to inform you, that the favorable prospect has been overclouded by a refusal of the British government to abide by the act of its minister plenipotentiary, and by its ensuing policy towards the United States, as seen through the communications of the minister sent to replace him. Whatever pleas may be urged for a disavowal of engagements formed by diplomatic functionaries, in cases where by the terms of the engagements a mutual ratification is reserved; or where notice at the time may have been given of a departure from instructions; or in extraordinary cases, essentially violating the principles of equity; a disavowal could not have been apprehended in a case where no such notice or violation existed; where no such ratification was reserved; and, more especially, where, as is now in proof, an engagement, to be executed without any such ratification, was contemplated by the instructions given, and where it had, with good faith, been carried into immediate execution on the part of the United States. These considerations not having restrained the British government from disavowing the arrangement, by virtue of which its orders in council were to be revoked, and the event authorizing the renewal of commercial intercourse having thus not taken place, it necessarily became a question of equal urgency and importance, whether the act prohibiting that intercourse was not to be considered as remaining in legal force. This question being, after due deliberation, determined in the affirmative, a proclamation to that effect was issued. It could not but happen, however, that a return to this state of things, from that which had followed an execution of the arrangement by the Unit ed States, would involve difficulties. With a view to diminish these as much as pos sible, the instructions from the Secretary of the Treasury, now laid before you, were transmitted to the collectors of the several ports. If, in permitting British vessels to depart without giving bonds not to proceed to their own ports, it should appear, that the tenor of legal authority has not been strictly pursued, it is to be ascribed to the anxious desire which was felt, that no individuals should be injured by so unforseen an occurrence: And I rely on the regard of Congress for the equitable interests of our own citizens, to adopt whatever further provisions may be found requisite for a general remission of penalties involuntarily incurred. The recal of the disavowed minister having been followed by the appointment of a successor, hopes were indulged that the new mission would contribute to alleviate the disappointment which had been produced, and to remove the causes which had so long embarrassed the good understanding of the two nations. It could not be doubted, that it would at least be charged with conciliatory explanations of the step which had been taken, and with proposals to be substituted for the rejected arrangement. Reasonable and universal as this expectation was, it also has not been fulfilled. From the first official disclosures of the new minister, it was found that he had received no authority to enter into explanations relative to either branch of the arrangement disavowed, nor any authority to substitute proposals, as to that branch which concerned the British orders in council. And, finally, that his proposals with respect to the other branch, the attack on the frigate Chesapeake, were founded on a presumption, repeatedly declared to be inadmissible by the United States, that the first step towards adjustment was due from them; the proposals at the same time, omitting even a reference to the officer answerable for the murderous aggression, and asserting a claim not less contrary to the British laws and British practice, than to the principles and obli gations of the United States. The correspondence between the Department of State and this minister will show how unessentially the features presented in its commencement have been varied in its progress. It will show, also, that, forgetting the respect due to all governments, he did not refrain from imputations on this, which required that no further communications should be received from him. The necessity of this step will be made known to his Britannic majesty, through the minister plenipotentiary of the United States in London. And it would indicate a want of the confidence due to a government which so well understands and exacts what becomes foreign ministers near it, not to infer that the misconduct of its own representative will be viewed in the same light in which it has been regarded here. The British government will learn, at the same time, that a ready attention will be given to communications, through any channel which may be substituted. It will be happy, if the change in this respect should be accompanied by a favorable revision of the unfriendly policy which has been so long pursued towards the United States. With France, the other belligerent, whose trespasses on our commercial rights have long been the subject of our just remonstrances, the posture of our relations does not correspond with the measures taken on the part of the United States to effect a favorable change. The result of the several communications made to her government, in pursuance of the authorities vested by Congress in the Executive, is contained in the correspondence of our minister at Paris, now laid before you. By some of the other belligerents, although professing just and amicable dispositions, injuries materially affecting our commerce have not been duly controlled or repressed. In these cases, the interpositions deemed proper on our part have not been omitted. But, it well deserves the consideration of the legislature, how far both the safety and the honor of the American flag may be consulted, by adequate provisions against that collusive prostitution of it by individuals, unworthy of the American name, which has so much favored the real or pretended suspicions, under which the honest commerce of their fellow-citizens has suffered. In relation to the powers on the coast of Barbary, nothing has occurred which is not of a nature rather to inspire confidence than distrust, as to the continuance of the existing amity. With our Indian neighbors, the just and benevolent system, continued towards them, has also preserved peace, and is more and more advancing habits favorable to their civilization and happiness. From a statement which will be made by the Secretary of War, it will be seen that the fortifications on our maritime frontier are in many of the ports completed; affording the defence which was contemplated, and that a further time will be required to render complete the works in the harbor of New York, and in some other places. By the enlargement of the works, and the employment of a greater number of hands at the public armories, the supply of small arms, of an improving quality, appears to be an nually increasing at a rate, that, with those made on private contract, may be expected to go far towards providing for the public exigency. The act of Congress providing for the equipment of our vessels of war having been fully carried into execution, I refer to the statement of the Secretary of the Navy for the information which may be proper on that subject. To that statement is added a view of the transfers of appropriations, authorized by the act of the session preceding the last, and of the grounds on which the transfers were made. Whatever may be the course of your deliberations on the subject of our military establishments, I should fail in my duty in not recommending to your serious attention the importance of giving to our militia, the great bulwark of our security and resource of our power, an organization the best adapted to eventual situations, for which the United States ought to be prepared. The sums which had been previously accumulated in the Treasury, together with the receipts during the year ending on the 30th of September last, (and amounting to more than nine millions of dollars,) have enabled us to fulfil all our engagements, and to defray the current expenses of government, without recurring to any loan. But, the insecurity of our commerce, and the consequent diminution of the public revenue, will probably produce a deficiency in the receipts of the ensuing year, for which, and for other details, I refer to the statements which will be transmitted from the Treasury. In the state which has been presented of our affairs with the great parties to a disastrous and protracted war, carried on in a mode equally injurious and unjust to the United States as a neutral nation, the wisdom of the national legislature will be again summoned to the important decision on the alternatives before them. That these will be met in a spirit worthy the councils of a nation conscious both of its rectitude and of its rights, and careful as well of its honor as of its peace, I have an entire confidence. And that the result will be stamped by a unanimity becoming the occasion, and be supported by every portion of our citizens, with a patriotism enlightened and invigorated by experience, ought as little to be doubted. In the midst of the wrongs and vexations experienced from external causes, there is much room for congratulation on the prosperity and happiness flowing from our situation at home. The blessing of health has never been more universal. The fruits of the seasons, though in particular articles and districts short of their usual redundancy, are more than sufficient for our wants and our comforts. The face of our country every where presents the evidence of laudable enterprize, of extensive capital, and of durable improvement. In a cultivation of the materials, and the extension of useful manufac tures, more especially in the general application to household fabrics, we behold a rapid diminution of our dependence on foreign supplies. Nor is it unworthy of reflection, that this revolution in our pursuits and habits is in no slight degree a consequence of those impolitic and arbitrary edicts, by which the contending nations, in endeavoring each of them to obstruct our trade with the other, have so far abridged our means of procuring the productions and manufactures, of which our own are now taking the place. Recollecting always, that, for every advantage which may contribute to distinguish our lot from that to which others are doomed by the unhappy spirit of the times, we are indebted to that Divine Providence whose goodness has been so remarkably extended to this rising nation, it becomes us to cherish a devout gratitude, and to implore from the same Omnipotent source a blessing on the consultations and measures about to be undertaken for the welfare of our beloved country. November 29, 1809. The message and documents therein referred to were read. On motion, by Mr. Bradley, JAMES MADISON. Ordered, That five hundred copies of the message, and also five hundred copies of the message together with five hundred copies of the documents, be printed for the use of the Senate. On motion, by Mr. Goodrich, Resolved, unanimously, That the members of the Senate, from a sincere desire of showing their respect to the memory of the Honorable Samuel White, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing a crape round the left arm. On motion, The Senate adjourned to 11 o'clock to-morrow morning. THURSDAY, NOVEMBER 30, 1809. The Honorable Philip Reed, from the state of Maryland, attended. |