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FEBRUARY, 1807.

Chesapeake and Delaware Canal.

the locks of the canal, the sources of the Elk river were purchased and conveyed to the main by a smaller canal. This canal of supply, proceeding from near the line of Pennsylvania, and furnishing a barge navigation, is nearly completed; the length of it is about five miles.

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delphia, passing Baltimore, to the west and south. I shall be justified in saying that the chief market of the western country will be brought sixty or seventy miles nearer to them. To them, there fore, this channel is an object of considerable in

terest.

In a national point of view the canal propsses the greatest advantages in the event of war.

In making surveys, in the purchase of waterrights and lands, of boats, and materials, in payment of laborers, and incidental expenses, the com- Without the aid of England a war with any pany has expended upwards of $100,000. The principal Power of Europe would suspend, if not magnitude of the work, and its numerous details of destroy, our external navigation. To possess then expense, were not distinctly perceived at the time interior navigation, uniting distant parts with the it was commenced. When it was found that one- centre of the country, would be an advantage of fourth of the capital of the company was exhaust-incalculable value. And I would beg the Senate ed, and the work which alone had been original- particularly to consider the important service the ly contemplated not commenced, a general de-execution of the scheme would render; the milispondency pervaded the subscribers to the pro-tary operations, in facilitating the_transportation ject, and many despairing of the completion of of troops, baggage, stores, and ordnance, to and the work, and considering the payment of their from distant parts of the country. The movesubscriptions as a direct sacrifice of their property, ments of an enemy possessing the sea, exposed to refused to pay their instalments, and have put the more hazards, could not be made from certain company to the expense, and subjected them to points with more celerity and ease than those of the delay, of law-suits. In consequence, their op- our own army. But, sir, however great the imerations have been paralyzed, and the work sus-portance of this canal may be considered even by pended. itself, yet the nation ought to view it, and its just consequence is only seen when regarded as a principal link in a great chain of interior navigation extending from the northern to the southern extremities of the country.

Under these circumstances, which I felt myself bound to unfold to the view of the Senate, it is, that the company now comes to ask the assistance and support of the General Government.

This, sir, I acknowledge they have no right to expect, unless the aid we contribute belongs to the interest of the public. I shall, therefore, confine my inquiries to the advantages which different States, and the Union at large, will derive from the scheme. Virginia, Pennsylvania, New Jersey, Delaware, and Maryland, have an immediate interest in the canal. It opens an inland communication between them all. The waters emptying into the Chesapeake penetrate immense tracts of country. The towns and landings on these waters have new markets opened to them, and the assistance of additional capitals.

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A canal is contemplated from the Delaware to the Raritan. This will open a communication between the Delaware, the North river, and the Sound. A communication is nearly effected between the Mohawk river and Lake Ontario. similar one is practicable between the Hudson and Lake George, which would extend the navigation to Quebeck. To the eastward the connexion of Buzzard's and Boston bay, carries the navigation to Boston. To the south a canal from Elizabeth river, through the Dismal Swamp to Pasquotank river, extends the navigation to Albemarle and Pamlico Sounds; and a connexion of the inlets, which is represented as practicable and likely to be undertaken, carries it to Georgia. Thus we see an unbroken chain of interior navigation can be formed, binding together all the Atlantic States, securing in time of war and facilitating in time of peace, the internal trade of the country.

This extensive work is not only practicable, but I consider there is no hazard in affirming that before the lapse of many years it will be accomplished. The extensive and powerful private and public interest which depends upon it will not suffer the object to be neglected. The waters of no country of the same extent offer so easy and complete a communication as those of the United States.

An interior navigation of twenty-one miles, exempt from risk, saves a voyage of five hundred, exposed to the danger of enemies and the common perils of the sea. The cheapness, facility, and safety of the intercourse must necessarily quicken the commerce between the Northern and Eastern and Southern States. The manufactures of the North will be exchanged through this channel for the produce of the South. I will not trespass so far as to go through details upon this head. I will mention, however, one article connecting the interest of Virginia with the scheme. That State abounds with coal. The consumption of this article in many towns is already considerable, and must increase with the population and manufactures of the country. At present English coal is sold as cheap in Philadelphia, as the coal I have not enumerated all the points of connexof Virginia; the canal would bring the Virginia ion. I have stated only those more immediately coal to market at a price which would soon ex-relating to the subject of our consideration. clude the English. The capital of Philadelphia There is reason to believe that the subject of enables that city to import cheaper than Baltimore; internal navigation has not escaped the attention and the rate of its market attracts the custom of of the Administration. The present moment is a great portion of the western country. Great propitious for the undertaking. Your Treasury quantities of merchandise are carried from Phila-is full, and the redeemable part of the public debt

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Chesapeake and Delaware Canal.

cannot absorb the whole of your revenue. In the other House a committee has been appointed to dispose of the surplus. I have, however, to lament that doubts of the highest authority exist as to the Constitutional right of this Government to apply the public money to objects of this kind. Though the plan I mean to propose to the Senate is not exposed to this objection, yet I shall beg permission very briefly to consider it.

It is admitted that the Constitution does not expressly give the power to cut canals; but we possess and are in daily exercise of the power to provide for the protection and safety of commerce, and the defence of the nation. It has never been contended that no power exists which has not been expressly delegated.

There is no express power given to erect a fort or magazine, though it is recognised in the delegation of exclusive legislative powers in certain cases. The power to erect light-houses and piers, to survey and take the soundings on the coast, or erect public buildings, is neither expressly given nor recognised in the Constitution, but it is embraced by a liberal and just interpretation of the clause in the Constitution, which legitimates all laws necessary and proper for carrying into execution the powers expressly delegated. On a like principle the bank of the United States was incorporated. Having a power to provide for the safety of commerce and the defence of the nation, we may fairly infer a power to cut a canal, a measure unquestionably proper with a view to either object.

But, sir, the plan I mean to propose is entirely clear of the Constitutional objection. Without any such objection I should despair of obtaining a grant of money for such an object. While money cannot be had to fortify our seaports, I cannot expect it to dig canals. I am going to ask for land upon principles of reciprocal benefit to the company and to the Government. We have, sir, 300 millions of acres, which I may say with certainty cannot be sold in a century. I will not inquire whether we have an estate in them for a hundred years. It is our policy to sell them as soon as possible. The resolution before us proposes to sell land to the company, and to receive payment in their stock.

There can be no question as to our right to sell the land for their stock. We have given it for the endowment of schools, for the making of roads, and have made gratuitous grants; and surely we must have the right to sell it for canal stock. Complete the canal and the stock cannot fail to be valuable, The United States may then convert it into money. I am warranted in saying that a grant to this company will not interfere with the sales of land made by the public. I believe that gentlemen can be found to purchase the land, with a view to promote the object of the grant, who would not purchase of the public. It is the interest of the United States, which I am proposing, more than that of the company. I am asking land, which you could not sell in a hundred years, and land which it is not likely you will hold half the period of time. A few years might complete

FEBRUARY, 1807.

the canal, and give to the stock its value. You will then have anticipated the sale of so much land, and accomplished an object of great public and private utility.

I have reason to believe, if this Government grant assistance to the company, the example will be followed by the States of Pennsylvania and Maryland. It now depends upon us, whether this great work shall languish and sink, or be revived and completed. More than a hundred thousand dollars have been expended; if the work be forsaken this money is lost. The project, now abandoned, will never again be undertaken by individuals. They now propose to assist you with a large capital-reject the offer, and hereafter you will be forced to do the work at your sole expense. Never had we it in our power upon terms so cheap to accomplish an object of great public importance. You save a capital of more than $100,000; you unite by internal communication the waters of five States; you lay the foundation of a scheme of interior navigation connecting the extremities of the continent; and you support a spirit of improvement so essential to the prosperity of the country, by an accommodation which takes not a cent out of our Treasury, and which promises at least a reciprocal benefit to the Gov

ernment.

Mr. PICKERING supported the resolution; Mr. ADAMS opposed it; Messrs. GILES and BALDWIN suggested doubts about it. The resolution was agreed to-yeas 20, nays 6, and Messrs. BAYARD, GILES, and CLAY, were appointed a committee to bring in a bill accordingly.

FRIDAY, February 6.

The bill for the relief of John Chester was read the second time, and considered as in Committee of the Whole; and, the President having reported it to the House without amendment; on the question, "Shall the bill be engrossed and read a third time?" it passed in the affirmative.

The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of

Representatives of the United States:

The Government of France having examined into the claim of M. de Beaumarchais against the United States, and considering it as just and legal, has instructed its Minister here to make representations on the subject to the Government of the United States. I now lay his memoir before the Legislature, the only authority competent to a final decision on the same.

FEBRUARY 6, 1807.

TH. JEFFERSON.

The Message and papers therein mentioned were read, and referred to Messrs. BRADLEY, BAYARD, and BALDWIN. to consider and report thereon,

The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act to extend the power of granting writs of injunctions to the judges of the district courts of the United States: and, the bill was ordered to the third reading as amended.

The bill, entitled "An act supplementary to the

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The Message was read, and ordered to lie for consideration.

The bill, entitled "An act authorizing the discharge of William Hearn from his imprisonment," was read the third time as amended, and passed.

The Senate resumed the third reading of the bill regulating the grants of land in the Territory of Michigan; and it was recommitted to Messrs. BRADLEY, WORTHINGTON, and MACLAY, further to consider and report thereon.

The bill entitled "An act for the relief of Edmund Briggs," was read the third time, and passed.

The Senate took into consideration the motion made on the 4th instant, "That a committee be appointed to prepare and bring in a bill to regulate the summoning of grand jurors;" and having adopted the motion, Messrs. BRADLEY, BAYARD, and ADAMS, were appointed the committee.

The motion made on the 4th instant was resumed: Whereupon,

Resolved, That the Attorney General of the United States be directed to procure and lay before the Senate, at their next session, tables of the fees and compensation paid to attorneys at law, prothonotaries, registers, and clerks of judicial courts, to the sheriffs and coroners, to grand and petit jurors, and to witnesses, in the several States.

The Senate took into consideration the motion "That a committee be appointed on the part of the Senate, to join with such committee as may be appointed on the part of the House of Representatives, to inquire whether the act passed April 18, 1806, has been duly enrolled ;" and the motion was referred to Messrs. ADAMS, BRADLEY, and GILES, to consider and report thereon.

Mr. MILLEDGE, from the committee appointed the 2d instant, on the subject, reported a bill to punish frauds committed on the Bank of the United States; and the bill was read and ordered to the second reading.

MONDAY, February 9.

The PRESIDENT communicated the report of the Governor and Judges of the district of Michigan, in obedience to the act, entitled "An act to provide for the adjustment of titles of land in the town of Detroit and Territory of Michigan, and for other purposes," together with the plan of a

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town or city they have laid out, and stating that they are making progress in the business assigned them; and the report was read and ordered to lie for consideration.

Mr. SMITH of Tennessee, from the committee to whom was referred the bill to prevent settlements being made on lands ceded to the United States until authorized by law, reported it with amendments; which were read and ordered to lie for consideration.

Mr. BRADLEY, from the committee to whom was recommitted the bill regulating the grants of land in the Territory of Michigan, reported the bill with amendments; which were read and ordered to lie for consideration.

Mr. WORTHINGTON gave notice that he would to-morrow ask leave to bring in a bill to encourage a settlement in the western district of Orleans.

The bill to punish frauds committed on the Bank of the United States was read the second time and amended. On the question, Shall the bill be engrossed and read a third time? it was determined in the affirmative.

Agreeably to the order of the day, the Senate resumed the second reading of the bill, entitled "An act repealing the acts laying duties on salt, and continuing in force for further time the first section of the act, entitled 'An act further to protect the commerce and seamen of the United States against the Barbary Powers ;" and on motion, it was agreed, that it be the order of the day for Thursday next.

The bill, entitled "An act to extend the power of granting writs of injunctions to the judges of the district courts of the United States," was read the third time and further amended.

Resolved, That this bill pass with amendments. The bill for the relief of John Chester was read the third time and passed.

Mr. TRACY, from the committee to whom was referred the bill, entitled "An act to annex certain shores and waters to the district of Mississippi, and to authorize the building a custom-house at New Orleans," reported the bill without amend

ment.

Ordered, That this bill pass to a third reading.

TUESDAY, February 10.

Mr. BRADLEY, from the committee appointed on the subject, reported a bill relating to the summoning of grand jurors, which was read, and ordered to the second reading.

The Senate resumed, as in Committee of the Whole, the second reading of the bill to prevent settlements being made on lands ceded to the United States, until authorized by law; and the President having reported the bill to the House amended, on the question, Shall the bill be engrossed and read a third time as amended? it was determined in the affirmative.

The Senate resumed the third reading of the bill regulating the grants of land in the Territory of Michigan, and, having agreed to the amendments reported by the special committee, the bill was passed.

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The bill from the House of Representatives, entitled "An act to annex certain shores, and waters to the district of Mississippi, and to authorize the building a custom-house at New Orleans," was read the third time and passed.

Mr. BAYARD, from the committee appointed on the subject, agreeably to instruction, reported a bill authorizing the sale and grant of a certain quantity of public land to the Chesapeake and Delaware Canal Company; and the bill was read, and ordered to the second reading.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
To the Senate and House of

Representatives of the United States:

I communicate, for the information of Congress, a letter from Cowles Mead, Secretary of the Mississippi Territory, to the Secretary of War, by which it will be seen that Mr. Burr had reached that neighborhood on the 13th of January.

FEBRUARY 10, 1807.

TH. JEFFERSON.

The bill to punish frauds committed on the Bank of the United States was read the third time, and passed.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act further supplementary to the act, entitled 'An act concerning the District of Columbia," in which they request the concurrence of the Senate.

The bill was read and ordered to the second reading.

GUNBOATS.

FEBRUARY, 1807.

Barron and Captain Tingey, now here, are recently furnished in writing, and transmitted herewith to the Legislature.

The efficacy of gunboats for the defence of harbors, and of other smooth and enclosed waters, may be estimated, in part, from that of galleys, formerly much used, but less powerful, more costly in their construction and maintenance, and requiring more men. But the gunboat itself is believed to be in use with every modern maritime nation for the purposes of defence. In the Mediterranean, on which are several small Powers, whose system, like ours, is peace and defence, few harbors are without this article of protection. Our own experience there of the effect of gunboats for harbor service, is recent. Algiers is particularly known to have owed to a great provision of these vessels for the safety of its city, since the epoch of their construction. Before that, it had been repeatedly insulted and injured. The effect of gunboats, at present, in the neighborhood of Gibraltar, is well known, and how much they were used, both in the attack and defence of that place, during a former war. The extensive resort to them by the two greatest naval Powers in the world, on an enterprise of invasion not long since in prospect, shows their confidence in their efficacy for the purposes for which they are suited. By the Northern Powers of Europe, whose seas are particularly adapted to them, they are still more used. The remarkable action between the Russian flotilla of gunboats and galleys, and a Turkish fleet of ships-of-the-line and frigates, in the Liman sea, in one thousand seven hundred and eightyeight, will be readily recollected. The latter, commanded by their most celebrated admiral, were completely defeated, and several of their ships-of-the-line destroyed.

From the opinions given as to the number of gunboats necessary for some of the principal seaports, and

The following Message was received from the from a view of all the towns and ports, from Orleans to PRESIDENT OF THE UNITED STATES:

To the Senate and House of

Representatives of the United States :

Maine inclusive, entitled to protection in proportion to their situation and circumstances, it is concluded that, to give them a due measure of protection in times of In compliance with the request of the House of Rep-war, about two hundred gunboats will be requisite. resentatives, expressed in their resolution of the fifth instant, I proceed to give such information as is possessed, of the effect of gunboats, in the protection and defence of harbors, of the numbers thought necessary, and of the proposed distribution of them among the ports and harbors of the United States.

Under present circumstances, and governed by the intentions of the Legislature, as manifested by their annual appropriations of money for the purposes of defence, it has been concluded to combine-1st, land batteries, furnished with heavy cannon and mortars, and established on all the points around the place favorable for preventing vessels from lying before it; 2d, moveable artillery, which may be carried, as occasion may require, to points unprovided with fixed batteries; 3d, floating batteries; and, 4th, gunboats, which may oppose an enemy at his entrance, and co-operate with the batteries for his expulsion.

According to the first ideas, the following would be their general distribution, liable to be varied on more mature examination, and as circumstances shall vary, that is to say:

To the Mississippi and its neighboring waters, forty gunboats;

To Savannah and Charleston, and the harbors on each side, from St. Mary's to Currituck, twenty-five; To the Chesapeake and its waters, twenty;

To Delaware bay and river, fifteen ;

To New York, the Sound, and waters as far as Cape Cod, fifty;

To Boston, and the harbors north of Cape Cod, fifty.

The flotillas assigned to these several stations, might each be under the care of a particular commandant, and the vessels composing them, would, in ordinary, be distributed among the harbors within the station, in proportion to their importance.

On this subject, professional men were consulted as Of these boats, a proper proportion would be of the far as we had opportunity. General Wilkinson, and larger size, such as those heretofore built, capable of the late General Gates, gave their opinions, in writing, navigating any seas, and of reinforcing, occasionally, in favor of the system, as will be seen by their letters the strength of even the most distant port, when mennow communicated. The higher officers of the Navy aced with danger. The residue would be confined to gave the same opinions, in separate conferences, as their own or the neighboring harbors, would be smaller, their presence at the Seat of Government offered occa less furnished for accommodation, and consequently less sions of consulting them, and no difference of judg- costly. Of the number supposed necessary, seventyment appeared on the subject. Those of Commodore I three are built or building, and the hundred twenty

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seven still to be provided, would cost from five to six thousand dollars. Having regard to the convenience of the Treasury, as well as to the resources for building, it has been thought that the one-half of these might be built in the present year, and the other half the next. With the Legislature, however, it will rest to stop where we are, or at any further point, when they shall be of opinion that the number provided shall be sufficient for the object.

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jurors was read the second time, as in Committee of the Whole, and the President reported it to the House with an amendment, which was agreed to. On the question, Shall the bill be engrossed and read the third time? it was determined in the affirmative.

lands ceded to the United States until authorThe bill to prevent settlements being made on ized by law, was read the third time: and on the question, Shall this bill pass? it was determined in the affirmative-yeas 17, nays 15, as follows:

At times, when Europe, as well as the United States, shall be at peace, it would not be proposed that more than six or eight of these vessels should be kept afloat. When Europe is in war, treble that number might be necessary, to be distributed among those particular harbors which foreign vessels of war are in the habit of frequenting, for the purpose of preserving order therein. But they would be manned in ordinary, with only their complement for navigation, relying on the seamen and militia of the port if called into action on any sudden emergency. It would be only when the United States should themselves be at war, that the whole number would be brought into actual service, and would be ready, in the first moments of the war, to co-operate with the other means for covering at once the line of our seaports. At all times, those unemployed would be withdrawn into places not exposed to sudden enter-PRESIDENT OF THE UNITED STATES: prise, hauled up under sheds from the sun and weather, and kept in preservation with little expense for repairs

YEAS-Messrs. Baldwin, Bradley, Condit, Fenner, Gaillard, Giles, Howland, Kitchel, Maclay, Milledge, Mitchill, Moore, Plumer, Smith of Maryland, Smith of New York, Smith of Tennessee, and Turner.

NAYS-Messrs. Adams, Bayard, Clay, Gilman, Hillhouse, Logan, Pickering, Reed, Smith of Ohio, Smith of Vermont, Stone, Thruston, Tracy, White, and Worthington.

or maintenance.

It must be superfluous to observe, that this species of naval armament is proposed merely for defensive operation; that it can have but little effect towards protecting our commerce in the open seas, even on our own coast; and still less can it become an excitement to engage in offensive maritime war, towards which it would furnish no means.

FEBRUARY 10, 1807.

TH. JEFFERSON.

So it was Resolved, That this bill pass, and that the title thereof be, "An act to prevent settlements being made on lands ceded to the United States, until authorized by law."

The following Message was received from the

To the Senate and House of

Representatives of the United States:

I now lay before Congress a statement of the militia of the United States, according to the latest returns reStates no returns have ever been received. ceived by the Department of War. From two of the

FEBRUARY 11, 1807,

TH. JEFFERSON.

The Message and statement were read, and ordered to lie on table.

The following Message was also received from

The Message was read, and, with the papers, the PRESIDENT OF THE UNITED STATES: ordered to lie for consideration.

WEDNESDAY, February 11.

Mr. MITCHILL, from the joint committee, appointed by the two Houses of Congress to execute the provisions of the act making a further appropriation for the support of the Library, passed February 21, 1806, made report; which was read, and ordered to lie for consideration.

The bill sent from the House of Representatives, entitled "An act further supplementary to the act, entitled 'An act concerning the District of Columbia," was read the second time, and ferred to Messrs. ADAMS, Bradley, and Tracy, to consider and report thereon.

To the Senate and House of

Representatives of the United States:

I transmit to both Houses of Congress the laws tory of Michigan, from the 1st day of July, 1806, to adopted by the government and judges of the Territhe 1st day of the present year.

FEBRUARY 11, 1807.

TH. JEFFERSON.

The Message was read, and, with the laws referred to, ordered to lie on the table.

On motion, by Mr. BAYARD,

That a committee be appointed to inquire into the re-expediency of allowing incorporated banks and insurance companies to take and sell ships and vessels without forfeiting the benefit of their registers, and that the wise: said committee have leave to report by bill or other

Mr. SMITH, of Maryland, from the committee to whom was referred the bill, entitled "An act authorizing the President of the United States to accept the service of a number of volunteer companies, not exceeding thirty thousand men," reported the bill with an amendment; which was read, and ordered to lie for consideration.

The bill authorizing the sale and grant of a certain quantity of public land to the Chesapeake and Delaware Canal Company, was read the second time; and its further consideration made the order of the day for Friday next.

The bill to regulate the summoning of grand 9th CoN. 2d SESS.-3

Ordered, That this motion lie for consideration.

THURSDAY, February 12.

Ordered, That the memorial of sundry merchants of the city of Philadelphia, presented on the 29th of January last, on the subject of drawbacks, be referred to Messrs. LOGAN, BRADLEY, and ADAMS, with leave to report thereon by bill or otherwise.

Mr. LOGAN observed, that he had for some time viewed with anxiety the continued depredations committed on the commerce of the United States

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