To the Senate and House of Representatives of the United States: SENATE. The Governor and Presiding Judge of the Territory of Michigan have made a report to me of the state of that Territory; several matters in which, being within the reach of Legislative authority only, I lay the report before Congress. DECEMBER 23, 1805. TH. JEFFERSON. The Message and report therein mentioned were read, and referred to Messrs. TRACY, WORTHINGTON, and BALDWIN, to consider and report thereon. TUESDAY, December 24. create another piratical Power. The Haytians will have provisions if they are to be found on the ocean; the interdiction will be considered by them as the declaration of war, the worst of all wars; a war with a view to starve them. They will send out their vessels of war, (for they have armed vessels,) they will take your unarmed ships bound to Jamaica, to the Spanish Main, to Curracoa, and molest your trade to Cuba; they are upon the high road of your trade from Europe to New Orleans; they will destroy it; you will compel them to be a maritime power; they will soon make it necessary for you to surround their island with an armed fleet. But, it will be asked, of what advantage is our having the trade to the mother Chamber of Commerce of the city of PhiladelMr. LOGAN presented the memorial of the country (France.) I have already stated that we phia, signed Thomas. Fitzsimmons, Chairman, prevent its wealth from going to her enemy; but stating the expediency of enlarging the piers althis is not the only advantage-our ships carry to France the coffee we draw from St. Domingo; the ready constructed in the river Delaware, and of cotton, rice, and tobacco of our country, and re-obstructions from piers heretofore sunk for deadding to their number, as well as of preventing ceive in return the wines, brandy, soap, and dry fence; and praying the interposition of Congress goods of France, which are landed in the United to extend the provisions of a law of the State of States and form a large proportion of the cargoes Pennsylvania to certain neighboring States, prosent to that island. Thus then France (in truth) portionally benefitted by the navigation of the supplies "as formerly" the people of St. Domingo river Delaware; and the memorial was read, and with its manufactures and products, to the enrich-ordered to lie for consideration. ing of that nation. The moment we stop that trade, France will furnish no more. Great Britain will supply the whole. The Haytians will find supplies, whether we are the carriers or not; their coffee will procure them all they want; we shall be exposed to the necessity of keeping an expensive fleet; Great Britain will be enriched, and France will lose the advantage in which she now partakes. These are some of the reasons that have induced me to presume that the silence of France is owing to her knowledge of the consequences that would result from our interdicting that trade. The gentleman ought to have informed us of the consequences that may result to our finances from his plan; had he informed himself, he would, I must believe, have hesitated. Sir, it will take from the United States a revenue of at least two hundred thousand dollars per annum. Let gentlemen look to the report from the Treasury, they will there see that our neutral position-in other words, our carrying for other nations-has given us a revenue of two millions per annum for three years of the last Presidential term. The year 1802, being a year of peace, our revenue fell short of the average product of the other three years to that amount. St. Domingo contributed at least the sum mentioned (I think much more) towards these two millions gained by the carrying trade. I again beg leave to mention that we are asked to make this sacrifice without being (so far as we know) requested thereto, either by our own Government or that of France. The bill, entitled "An act supplementary to the of citizens of the United States on the Governact making provision for the payment of claims ment of France, the payment of which has been assumed by the United States by virtue of the convention of the 30th of April, 1803, between the United States and the French Republic," was read the second time, and referred to Messrs. MITCHILL, SMITH of Maryland, and BRADLEY, to consider report thereon. and the act, entitled 'An act regulating foreign coins, The bill, entitled, "An act to repeal so much of second section thereof," was read the second time, and for other purposes,' as is contained in the and referred to Messrs. ANDERSON, TRACY, and ADAMS, to consider and report thereon. The bill to regulate the laying out and making land, to the State of Ohio, was considered as in a road from Cumberland, in the State of MaryCommittee of the Whole; and being reported to the House without amendment, be Ordered That this bill pass to the third reading. requested to cause to be laid before the Senate such documents and papers, or other information, as are in his possession, relative to complaints by the Govern ment of France, against the commerce carried on by the citizens of the United States to the French island of St. Domingo." Ordered, That this motion lie for consideration. Mr. MITCHILL from the committee to whom was this day referred the bill, entitled "An act suppleAfter a few replicatory remarks from Mr. Lo-mentary to the act making provision for the payGAN, the consideration of the subject was post-ment of claims of citizens of the United States poned to Monday. MONDAY, December 23. on the Government of France, the payment of which has been assumed by the United States by virtue of the Convention of the 30th of April, The following Message was received from the 1803," reported the same without amendment. PRESIDENT OF THE UNITED STATES: Ordered, That this bill pass to the third reading. The Senate resumed the motion made on the 24th instant, that they be furnished with certain documents respecting the commerce carried on by the citizens of the United States to the French island of St. Domingo; and Resolved, That the President of the United States be requested to cause to be laid before the Senate such documents and papers, or other information, as are in his possession, relative to complaints by the Government of France, against the commerce carried on by the citizens of the United States to the French island of St. Domingo. Ordered, That the Secretary lay this resolution before the President of the United States. The following Message was received from the Representatives of the United States: I lay before Congress a report of the Surveyor of the Public Buildings, stating the progress made on them during the last season, and what may be expected to be accomplished in the ensuing one. DEC. 27, 1805. TH. JEFFERSON. The Message and report therein referred to were read, and ordered to lie for consideration. JANUARY, 1806. TUESDAY, December 31. A message from the House of Representatives informed the Senate that the House have passed a 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;" in which bill they desire the concurrence of the Senate. The bill last brought up for concurrence was read, and ordered to the second reading. Mr. SMITH, of Maryland, presented the memorial of Philip L. Jones, and others, counsellors at law, and practitioners at the bar of the Supreme Judicial Court of the Territory of New Orleans, stating certain extraordinary services performed by the presiding judge, J. B. Prevost, and praying a remuneration to him therefor; also, an increase of the compensation provided by law to the Presiding and Associate Judges of the said Court; and the petition was read, and referred to Messrs. SMITH, of Maryland, ANDERSON, and TRACY, to consider and report thereon. Mr. ANDERSON presented the memorial of the House of Representatives of the Territory of New Orleans, praying an alteration in the law passed at the last session of Congress in respect to re-ditional provisions by law for encouraging the the titles of lands in that territory; also, some adculture of sugar, and for the establishment of public schools; and the memorial was read, and referred to Messrs. ANDERSON, TRACY, BALDWIN, BRADLEY, and ADAMS, to consider and report thereon. The PRESIDENT Communicated a letter and port from the Secretary of the Treasury, in pursuance of a resolution of the Senate of the 2d of March last; which were read and ordered to lie for consideration. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of Edward Toppan, George Jenkins, and William Currier;" in which bill they desire the concurrence of the Senate. The bill was read and ordered to the second reading. The bill to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio, was read the third time; and the blanks having been filled, Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio." The bill, entitled "An act supplementary to the act making provision for the payment of claims of citizens of the United States on the Government of France, the payment of which has been assumed by the United States, by virtue of the Convention of the 30th of April, 1803, between the United States and the French Republic," was read the third time and amended. Resolved, That this bill pass with amendments. MONDAY, December 30. The bill entitled "An act for the relief of Edward Toppan, George Jenkins, and William Currier," was read the second time, and referred to Messrs. BRADLEY, BALDWIN, and MITCHILL, to consider and report thereon. THURSDAY, January 2, 1806. The bill, entitled "An act to provide for lighthouses in Long Island Sound, and to declare Roxbury, in the State of Massachusetts, to be a port of delivery," was read the second time, and referred to Messrs. MITCHILL, SMITH, of Maryland, and HILLHOUSE, to consider and report thereon. FRIDAY, January 3. Mr. TRACY, from the committee to whom was referred, on the 19th December last, the bill, entitled "An act for the relief of Theodorick Armistead," reported the bill without amendment. He also communicated a written report on the same subject, which was read, and ordered to lie for consideration. Mr. MITCHILL, from the committee to whom was yesterday referred 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," reported the bill without amendment. Ordered, That the consideration thereof be postponed. The Senate took into consideration the report of the Secretary of the Treasury of the 27th of December last, made in pursuance of their resolution of the 2d of March, 1805; and, Ordered, That it be referred to Messrs. SMITH, of Maryland, ADAMS, TRACY, MITCHILL, and BALDWIN, to consider and report thereon. MONDAY, January 6. SENATE. YEAS-Messrs. Moore, Smith of Maryland, Smith of Vermont, Thruston, and Wright. NAYS-Messrs. Adair, Adams, Anderson, Baldwin, Bradley, Condit, Fenner, Gilman, Hillhouse, Kitchel, Logan, Maclay, Mitchill, Pickering, Plumer, Smith of New York, Sumter, Tracy, Turner, White, and Worthington. The bill, entitled "An act to provide for lighthouses in Long Island Sound, and to declare Roxbury, in the State of Massachusetts, to be a port of delivery," was read the third time and amended. Resolved, That this bill do pass with an amendment. Mr. MITCHILL presented the memorial of the merchants of the city of New York, stating the ruinous consequences to the commerce of the United States, by the assumption of new principles in the law of nations, by the construction of the Admiralty Courts of Great Britain; also, certain unlawful and piratical seizures of the property of the American citizens in the West Indies, and even on our own coasts; and, also, the defenceless state of the ports and harbors of the United States, and praying the immediate interposition of Congress; and the memorial was read, Mr. ADAMS presented the petition of Benjamin and referred to Messrs. MITCHILL, SMITH, of Ma Hichborne and others, Directors of the New Engryland, ADAMS, ANDERSON, and TRACY, to con-land Mississippi Land Company, in behalf of sider and report thereon, and that the memorial themselves and their associates, stating claims to be printed for the use of the Senate. certain tracts of land mentioned in their petition, and praying Congress to adopt measures for their compensation; also the petition of James Sullivan and others, agents for the purchasers of lands under the State of Georgia, praying the attention of Congress to their claims; and the petitions were read. | Mr. SMITH, of Maryland, presented the petition of George Rapp and others, the Society of Harmony, in Butler county, and natives of Wurtemburg, in Germany, praying a grant of land for the cultivation of the vine, and for the establishment of certain manufactories ; also, that the time of payment for a tract of land heretofore pur- Ordered, That they severally lie on the table. chased of the United States may be protracted, Mr. SUMTER presented the memorial of Joseph for reasons stated in the petition; and the petition Rippen, in behalf of the Upper Mississippi Comwas read, and referred to Messrs. SMITH, of Ma-pany, on the same subject; which was read, and ryland, BRADLEY, and WORTHINGTON, to consider ordered to lie on the table. and report thereon. Mr. SMITH, of Maryland, presented the memorial of the board of trustees, appointed to superintend the education of youth in the City of Washington, praying the aid of Congress in procuring certain lots, suitable for the erection of an academy; also, that a lottery may be granted for the encouragement of the institution; and the petition was read, and referred to Messrs. SMITH, of Maryland, LOGAN, and MOORE, to consider and report thereon. The Senate resumed the consideration of the bill, entitled "An act for the relief of Edward Toppan, George Jenkins, and William Currier;" and, after debate, the Senate adjourned. WEDNESDAY, January 8. Mr. LOGAN presented the petition of Oliver Evans, stating that he has invented many useful improvements in the art of manufacturing flour or meal, for which he obtained a patent on the The bill, entitled "An act to provide for light-uary last, and praying an extension of his patent, 19th of January 1791, and which expired in Janhouses in Long Island Sound, and to declare Rox- for reasons stated in his petition; which was read bury, in the State of Massachusetts, to be a port and ordered to lie on the table. of delivery, was resumed, the bill reported to the House, and ordered to the third reading. Mr. BRADLEY, from the committee to whom was referred, on the 30th December last, the bill, entitled "An act for the relief of Edward Toppan, George Jenkins, and William Currier," reported the same without amendment. TUESDAY, January 7. Mr. LOGAN presented the petition of William Levis and Hugh Maxwell, stating that they have on hand a number of copies of the journals of Congress under the Confederation, commonly called Folwell's edition, which they will dispose of for the use of the public; and the petition was read, and referred to Messrs. LOGAN, BRADLEY, and BALDWIN, to consider and report thereon. The Senate resumed the consideration of the bill, entitled "An act for the relief of Edward Toppan, George Jenkins, and William Currier," and the bill having been reported to the House, on the question, Shall this bill be read the third time? it was determined in the negative—yeas 9, JAMES TURNER, appointed a Senator by the Legislature of the State of North Carolina, for the term of six years, from the third of March, 1805, produced his credentials, which were read; and the oath prescribed by law having been adminis-nays 17, as follows: tered, he took his seat in the Senate. The Senate resumed the consideration of the bill, entitled "An act for the relief of Theodorick Armistead," as in Committee of the Whole, and, the said bill having been reported to the House, on the question, Shall this bill pass to the third reading? it was determined in the negative-yeas 5, nays 21, as follows: YEAS-Messrs. Adams, Fenner, Gilman, Hillhouse, Mitchill, Pickering, Smith of Maryland, Smith of Ohio, and White. NAYS-Messrs. Anderson, Baldwin, Bradley, Condit, Gaillard, Kitchel, Logan, Maclay, Moore, Plumer, Smith of New York, Smith of Tennessee, Smith of Vermont, Sumter, Tracy, Turner, and Wright. So the bill was lost. On motion, That the President of the United States be requested to communicate to the Senate any such information in his possession as he may deem expedient, relative to the interpolation, by any foreign Power, of new principles in the law of nations, injurious to the rights and interests of the United States, and particularly any evidence of recent decisions in the British Courts of Admiralty to that effect, together with such diplomatic communications between this Government and that of Great Britain in relation to this subject as he may think proper; It was agreed that this motion lie for conside JANUARY, 1806. 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. The bill was read, and ordered 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. MONDAY, January 13. 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, and 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 tomorrow. 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 Messrs. BALDWIN, ADAMS, ANDERSON, BRADLEY, and SUMTER, were appointed the committee to consider and report thereon to the Senate. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: Resolved, That a committee be appointed to take into consideration the rules for conducting business in the Senate of the United States, and I lay before Congress the application of Hamet Carreport to the Senate such alterations and amend-amalli, elder brother of the reigning Bashaw of Tripoli, ments, if any, as they shall judge proper; and Ordered, That Messrs. ANDERSON, TRACY, BALDWIN, BRADLEY, and ADAMS, be the committee. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate of the United States: In compliance with the request of the Senate, expressed in their resolution of December 27th, I now lay before them such documents and papers (there being no other information in my possession) as relate to complaints by the Government of France against the commerce carried on by the citizens of the United States to the French island of St. Domingo. JANUARY 10, 1806. TH. JEFFERSON. The Message and documents therein referred to were read, and ordered to lie for consideration. A message from the House of Representatives informed the Senate that the House have passed 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 tion with us was desirable to him. We considered that recovery of his inheritance, and that a concert of acconcerted operations by those who have a common enmy 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 knowl edge 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 exBashaw 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 show that a co-operation only was intended, and by no means a 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 convention 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 cooperation 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. SENATE. 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 him. self 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, and ordered to lie for consideration. And on motion, the House adjourned. TUESDAY, January 14. 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 nearly 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 and 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: In operations at such distance, it becomes necessary Resolved, That that part of the President's Message to leave much to the discretion of the agents employed, which relates to the spoliations of our commerce on the but events may still turn up beyond the limits of that high seas, and informs us of the new principles assumdiscretion. Unable in such a case to consult his Gov-ed by the British Courts of Admiralty, as a pretext for ernment, a zealous citizen will act as he believes that the condemnation of our vessels in their prize courts, would direct him, were it apprized of the circumstan- be referred to a special committee. ces, and will take on himself the responsibility. In all And, on motion, the House adjourned. |