1 PROCEEDINGS AND DEBATES OF THE SENATE OF THE UNITED STATES, AT THE SECOND SESSION OF THE NINTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, DECEMBER 1, 1806. SAMUEL L. MITCHILL, from New York. JOHN CONDIT and AARON KITCHEL, from New Jersey. GEORGE LOGAN and SAMUEL MACLAY, from Pennsylvania. SAMUEL WHITE, from Delaware. DAVID STONE, from North Carolina. JOHN GAILLARD, from South Carolina. ABRAHAM BALDWIN, from Georgia. THOMAS WORTHINGTON, from Ohio. WILLIAM B. GILES, appointed a Senator by the Legislature of the Commonwealth 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 informed the Senate that a quorum of the House is assembled, and are ready to proceed to busi ness. the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communication that he may be pleased to make to them. The Senate took into consideration the resolution of the House of Representatives last mentioned, for the appointment of a joint committee, and Resolved, That they do concur therein; and Ordered, That Messrs. MITCHILL and STONE be the committee on the part of the Senate. 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 twelve o'clock. 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. 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 concur rence of the House of Representatives in this resolution. The PRESIDENT communicated a memorial, signed James Henry, foreman of a grand jury of Ordered, That the Secretary notify the House the Territory of Michigan, against certain proof Representatives that a quorum of the Senate visions of a bill, under consideration during the is assembled, and ready to proceed to business. last session, to amend an act, entitled "An act to A message from the House of Representatives divide the Indiana Territory into two separate informed the Senate that the House have appoint- governments, and for other purposes ;" and the ed a joint committee, on their part, with such memorial was read, and ordered to lie on the committee as the Senate may appoint, to wait on table. TUESDAY, December 2. SAMUEL SMITH, from the State of Maryland, and BUCKNER THRUSTON, from the State of Kentucky, attended. Resolved, That JAMES MATHERS, Sergeant-atArms 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. ANNUAL MESSAGE. DECEMBER, 1806. 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 enterprise, 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 pub The following Message was received from the lic force was acting strictly on the defensive, and merePRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: 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 river. The correspondence on this subject, now communicated, will exhibit more particularly the present state of things in that quarter. 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 ly 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 aad 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 gunboats 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 en terprise, 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 behaviour, 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 draw 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 intention 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 show 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, deserved well of their country. The attempt to explore the Red river, under the direction of Mr. Freeman, though conducted with a zeal and prudence meeting 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. SENATE. 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 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 nearly 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, nearly two millions of five and a half per cent. stock. These payments and reimbursements of the funded debt, with those which had been made in the four years and a half preceding, will, at 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 lib. eration 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 pub lic debt, and during those intervals when the purposes of war shall not call for them? Shall we suppress the impost, and give that advantage to foreign over domestic manufactures? On a few articles, of more general and necessary use, the suppression, in due season, will doubtless be right, but the great mass of the articles on which impost is paid are foreign luxuries, purchased by Very useful additions have also been made to our those only who are rich enough to afford themselves knowledge of the Mississippi, by Lieutenant Pike, who the use of them. Their patriotism would certainly had ascended it to its source, and whose journal and prefer its continuance and application to the great purmap, giving the details of his journey, will shortly poses of the public education, roads, rivers, canals, and be ready for communication to both Houses of Con- such other objects of public improvement as it may be gress. Those of Messrs. Lewis, Clarke, and Freeman, thought proper to add to the Constitutional enumerawill require further time to be digested and prepared. tion of federal powers. By these operations new chan These important surveys, in addition to those before nels of communication will be opened between the possessed, furnish materials for commencing an accu- States; the lines of separation will disappear; their rate map of the Mississippi and its western waters. interests will be identified and their Union cemented Some principal rivers, however, remain still to be ex-by new and indissoluble ties. Education is here placed plored, towards which the authorization of Congress, by moderate appropriations, will be requisite. among the articles of public care, not that it would be proposed to take its ordinary branches out of the hands of private enterprise, which manages so much better all the concerns to which it is equal; but a public institution can alone supply those sciences which, though rarely called for, are yet necessary to complete the circle, all the parts of which contribute to the improvement of the country, and some of them to its preservation. The subject is now proposed for the consideration of Congress, because, if approved by the time the State Legislatures shall have deliberated on this extension of the federal trusts, and the laws shall be passed and other arrangements made for their execution, the necessary funds will be on hand, and without employment. I suppose an amendment to the Constitution, by consent of the States, necessary, because the objects now recommended are not among those enumerated in the Constitution, and to which it permits the public moneys to be applied. DECEMBER, 1806. liberations on the great national interests committed to DECEMBER 2, 1806. The Message and documents therein referred to were read, and ordered to lie for consideration, and three hundred copies thereof printed for the use of the Senate. WEDNESDAY, December 3. DANIEL SMITH, from the State of Tennessee, attended. The following Message was received from the Representatives of the United States: The present consideration of a national establishment, for education particularly, is rendered proper by I have the satisfaction to inform you that the negothis circumstance; also that, if Congress, approving tiation between the United States and the Government the proposition, shall yet think it more eligible to found of Great Britain is proceeding in a spirit of friendship it on a donation of lands, they have it now in their and accommodation, which promises a result of mutual power to endow it with those which will be among the advantage. Delays indeed have taken place, occaearliest to produce the necessary income. This found-sioned by the long illness and subsequent death of the ation would have the advantage of being independent British Minister charged with that duty. But the on war, which may suspend other improvements, by Commissioners appointed by that Government to rerequiring for its own purposes the resources destined sume the negotiation have shown every disposition to for them. hasten its progress. It is, however, a work of time, This, fellow-citizens, is the state of the public inter- as many arrangements are necessary to place our fuests at the present moment, and according to the infor- ture harmony on stable grounds. In the mean time, mation now possessed. But such is the situation of we find, by the communications of our Plenipotentiathe nations of Europe, and such, too, the predicamentries, that a temporary suspension of the act of the last in which we stand with some of them, that we cannot session prohibiting certain importations, would, as a rely with certainty on the present aspect of our affairs, mark of candid disposition on our part, and of confithat may change from moment to moment during the dence in the temper and views with which they have course of your session, or after you shall have separa- been met, have a happy effect on its course. A step ted. Our duty is therefore to act upon things as they so friendly will afford further evidence that all our proare, and to make a reasonable provision for whatever ceedings have flowed from views of justice and concilthey may be. Were armies to be raised whenever a iation, and that we give them willingly that form which speck of war is visible in our horizon, we never should may best meet corresponding dispositions. have been without them. Our resources would have been exhausted on dangers which have never happened, instead of being reserved for what is really to take place. A steady, perhaps a quickened, pace in preparations for the defence of our seaport towns and waters, an early settlement of the most exposed and vulnerable parts of our country, a militia so organized, that its effective portions can be called to any point in the Union, or volunteers instead of them, to serve a sufficient time, are means which may always be ready, yet never preying on our resources until actually called into use. They will maintain the public interests while a more permanent force shall be in course of preparation. But much will depend on the promptitude with which these means can be brought into activity. If war be forced upon us, in spite of our long and vain appeal to the justice of nations, rapid and vigorous movements in its outset will go far towards securing us in its course and issue, and towards throwing its burdens on those who render necessary the resort from reason to force. The result of our negotiations, or such incidents in Add to this that the same motives which produced the postponement of the act till the fifteenth of November last, are in favor of its further suspension; and, as we have reason to hope that it may soon yield to arrangements of mutual consent and convenience, justice seems to require that the same measure may be dealt out to the few cases which may fall within its short course, as to all others preceding and following it. I cannot, therefore, but recommend the suspension of this act for a reasonable time, on considerations of justice, amity, and the public interests. DECEMBER 3, 1806. TH. JEFFERSON. The Message was read, and ordered to lie for consideration. informed the Senate, that the House concur in A message from the House of Representatives the resolution, sent from the Senate, for the appointment of Chaplains to Congress during the present session. The Senate proceeded to the election of a Chaplain, on their part, in pursuance of the resolution of the two Houses; and the whole number of votes collected was 18; of which the Rev. Mr. SAYRS had twelve, and was accordingly elected. their course as may enable us to infer their probable issue; such further movements, also, on our western frontiers as may show whether war is to be pressed there while negotiation is protracted elsewhere, shall be communicated to you from time to time, as they Mr. BRADLEY gave notice that he would, on become known to me; with whatever other informa- Monday next, ask leave to bring in a bill to protion I possess, or may receive, which may aid your de-hibit the importation of slaves into any port or |