ag.2

PROCEEDINGS AND DEBATES

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE SEVENTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, DECEMBER 7, 1801.

STEVENS THOMPSON MASON and WILSON their Speaker, and are ready to proceed to business. CARY NICHOLAS, from Virginia; ABRAHAM BALDWIN, from Georgia; JOSEPH ANDERSON and WILLIAM COCKE, from

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from the State of North Carolina, severally attended.

Resolved, That two Chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly.

DECEMBER, 1801.

to this confidence, and strengthens, at the same time, the hope that wrongs committed on unoffending friends, under a pressure of circumstances, will now be reviewed with candor, and will be considered as founding just claims of restribution for the past, and new assurances

for the future.

Among our Indian neighbors, also, a spirit of peace and friendship generally prevails; and I am happy to inform you that the continued efforts to introduce bandry, and of the household arts, have not been withamong them the implements and the practice of husout success; that they are becoming more and more sensible of the superiority of this dependence for clothing and subsistence, over the precarious resources of hunt

A message from the House of Representatives informed the Senate that the House concur in the resolution of the Senate for the appointment of a joint committee respecting the books and maps purchased in pursuance of an act of Congress, of the 24th of April, 1800, and have appointed a committee on their part. They agree to the resolution of the Senate for the appointment of two Chap-ing and fishing; and already we are able to announce lains during the present session.

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 rate usual for the annual charge of such papers.

PRESIDENT'S MESSAGE.

The following Letter and Message were received from the PRESIDENT OF THE UNITED STATES, by Mr. Lewis, his Secretary:

DECEMBER 8, 1801.

SIR: The circumstances under which we find our selves at this place rendering inconvenient the mode heretofore practised, of making by personal address the first communications between the Legislative and Executive branches, I have adopted that by Message, as used on all subsequent occasions through the session. In doing this I have had principal regard to the convenience of the Legislature, to the economy of their time, to their relief from the embarrassment of immediate answers, on subjects not yet fully before them, and to the benefits thence resulting to the public affairs. Trusting that a procedure founded in these motives will meet their approbation, I beg leave, through you, sir, to communicate the enclosed Message, with the documents accompanying it, to the honorable the Senate, and pray you to accept, for yourself and them, the homage of my high respect and consideration.

TH: JEFFERSON.

The Hon. the PRESIDENT OF THE SENATE. Fellow-citizens of the Senate,

and House of Representatives:

bers, produced by their wars and their wants, some of that, instead of that constant diminution of their numthem begin to experience an increase of population.

To this state of general peace with which we have been blessed, one only exception exists. Tripoli, the least considerable of the Barbary States, had come forward with demands unfounded either in right or in compact, and had permitted itself to denounce war, on our failure to comply before a given day. The style of the demands admitted but one answer. I sent a small squadron of frigates into the Mediterranean, with assurances to that Power of our sincere desire to remain in peace; but with orders to protect our commerce against and salutary. The Bey had already declared war. His the threatened attack. The measure was seasonable cruisers were out. Two had arrived at Gibraltar. Our commerce in the Mediterranean was blockaded, and that of the Atlantic in peril. The arrival of our squadron dispelled the danger. One of the Tripolitan cruisers, having fallen in with and engaged the small schooner had gone as a tender to our larger vessels, was captured, Enterprize, commanded by Lieutenant Sterret, which after a heavy slaughter of her men, without the loss of a single one on our part. The bravery exhibited by our citizens on that element will, I trust, be a testimony to the world that it is not the want of that virtue which makes us seek their peace, but a conscientious desire to direct the energies of our nation to the multiplication of the human race, and not to its destruction. Unauthorized by the Constitution, without the sanction of Congress, to go beyond the line of defence, the vessel, being disabled from committing further hostilities, was liberated with its crew. The Legislature will doubtless consider whether, by authorizing measures of offence also, they will place our force on an equal footing with that of its adversaries. I communicate all material information on this subject, that, in the exercise of this important function confided by the Constitution to the Legislature exclusively, their judgment may form itself on a knowledge and consideration of every circumstance of weight.

It is a circumstance of sincere gratification to me that, on meeting the great council of our nation, I am able to announce to them, on grounds of reasonable certainty, that the wars and troubles which for so many years afflicted our sister nations, have at length come to an end; and that the communications of peace and commerce are once more opening among them. Whilst we devoutly return thanks to the beneficent Being who has been pleased to breathe into them the spirit of conciliation and forgiveness, we are bound, with peculiar gratitude, to be thankful to Him that our own peace has been preserved through so perilous a season, and ourselves permitted quietly to cultivate the earth, and to practice and improve those arts which tend to increase our comforts. The assurances, indeed, of friendly disposition, received from all the Powers with whom we have principal relations, had inspired a confidence that our peace with them would not have been disturbed. But a cessation of irregularities which had affected the commerce of neutral nations, and of the irritations and injuries produced by them, cannot but addent posture.

other Barbary States was entirely satisfactory. DiscovI wish I could say that our situation with all the ering that some delays had taken place in the performance of certain articles stipulated by us, I thought it my duty, by immediate measures for fulfilling them, to vindicate to ourselves the right of considering the effect of departure from stipulation on their side. From the papers which will be laid before you, you will be enabled to judge whether our treaties are regarded by them as fixing at all the measure of their demands, or, in their power; and to consider how far it will be safe as guarding from the exercise of force our vessels withand expedient to leave our affairs with them in their pres

I lay before you the result of the census lately taken of our inhabitants, to a conformity with which we are now to reduce the ensuing ratio of representation and taxation. You will perceive that the increase of numbers, during the last ten years, proceeding in geometrical ratio, promises a duplication in little more than twenty-two years. We contemplate this rapid growth, and the prospect it holds up to us, not with a view to the injuries it may enable us to do to others in some future day, but to the settlement of the extensive country still remaining vacant within our limits, to the multiplication of men susceptible of happiness, educated in the love of order, habituated to self-government, and valuing its blessings above all price.

SENATE.

not to injure what is retained. But the great mass of public offices is established by law, and therefore by law alone can be abolished. Should the Legislature think it expedient to pass this roll in review, and try all its parts by the test of public utility, they may be assured of every aid and light which Executive information can yield. Considering the general tendency to multiply offices and dependencies, and to increase expense to the ultimate term of burden which the citizen can bear, it behooves us to avail ourselves of every occasion which presents itself for taking off the surcharge; that it never may be seen here that, after leaving to labor the smallest portion of its earnings on which it can subsist, Government shall itself consume the whole residue of what it was instituted to guard.

Other circumstances, combined with the increase of numbers, have produced an augmentation of revenue In our care too of the public contributions entrusted arising from consumption, in a ratio far beyond that of to our direction, it would be prudent to multiply barriers population alone; and, though the changes in foreign against their dissipation, by appropriating specific sums relations now taking place, so desirably for the whole to every specific purpose susceptible of definition; by world, may for a season affect this branch of revenue, disallowing all applications of money varying from the yet, weighing all probabilities of expense, as well as of appropriation in object, or transcending it in amount; income, there is reasonable ground of confidence that we by reducing the undefined field of contingencies, and may now safely dispense with all the internal taxes- thereby circumscribing discretionary powers over mocomprehending excise, stamps, auctions, licenses, car-ney; and by bringing back to a single department all riages, and refined sugars; to which the postage on accountabilities for money, where the examinations newspapers may be added, to facilitate the progress of may be prompt, efficacious, and uniform. information; and that the remaining sources of revenue will be sufficient to provide for the support of Government, to pay the interest of the public debts, and to discharge the principals within shorter periods than the laws or the general expectation had contemplated. War, indeed, and untoward events, may change this prospect of things, and call for expenses which the imposts could not meet. But sound principles will not justify our taxing the industry of our fellow-citizens to accumulate treasure for wars to happen we know not when, and which might not, perhaps, happen, but from the temptations offered by that treasure.

These views, however, of reducing our burdens, are formed on the expectation that a sensible, and at the same time a salutary, reduction may take place in our habitual expenditures. For this purpose those of the civil government, the army, and navy, will need revisal. When we consider that this Government is charged with the external and mutual relations only of these States; that the States themselves have principal care of our persons, our property, and our reputation, constituting the great field of human concerns, we may well doubt whether our organization is not too complicated, too expensive; whether offices and officers have not been multiplied unnecessarily, and sometimes injuriously to the service they were meant to promote. I will cause to be laid before you an essay towards a statement of those who, under public employment of various kinds, draw money from the Treasury, or from our citizens. Time has not permitted a perfect enumeration, the ramifications of office being too multiplied and remote to be completely traced in a first trial. Among those who are dependent on Executive discretion, I have begun the reduction of what was deemed unnecessary. The expenses of diplomatic agency have been considerably diminished. The inspectors of internal revenue, who were found to obstruct the accountability of the institution, have been discontinued. Several agencies, created by Excutive authority, on salaries fixed by that also, have been suppressed, and should suggest the expediency of regulating that power by law, so as to subject its exercise to legislative inspection and sanction. Other reformations of the same kind will be pursued with that caution which is requisite, in removing useless things,

An account of the receipts and expenditures of the last year, as prepared by the Secretary of the Treasury, will, as usual, be laid before you. The success which has attended the late sales of the public lands shows that, with attention, they may be made an important source of receipt. Among the payments those made in discharge of the principal and interest of the national debt, will show that the public faith has been exactly maintained. To these will be added an estimate of appropriations necessary for the ensuing year. This last will, of course, be affected by such modifications of the system of expense as you shall think proper to adopt.

A statement has been formed by the Secretary of War, on mature consideration, of all the posts and stations where garrisons will be expedient, and of the number of men requisite for each garrison. The whole amount is considerably short of the present Military Establishment. For the surplus no particular use can be pointed out. For defence against invasion their number is as nothing; nor is it conceived needful or safe that a standing army should be kept up in time of peace, for that purpose. Uncertain as we must ever be of the particular point in our circumference where an enemy may choose to invade us, the only force which can be ready at every point, and competent to oppose them, is the body of neighboring citizens, as formed into a militia. On these, collected from the parts most convenient, in numbers proportioned to the invading force, it is best to rely, not only to meet the first attack, but, if it threatens to be permanent, to maintain the defence until regulars may be engaged to relieve them. These considerations render it important that we should, at every session, continue to amend the defects which from time to time show themselves in the laws for regulating the militia, until they are sufficiently perfect: nor should we now, or at any time, separate, until we can say that we have done everything for the militia which we could do were an enemy at our door.

The provision of military stores on hand will be laid before you, that you may judge of the additions still requisite.

With respect to the extent to which our naval prepa

rations should be carried, some difference of opinion may be expected to appear; but just attention to the circumstances of every part of the Union will doubtless reconcile all. A small force will probably continue to be wanted for actual service in the Mediterranean. Whatever annual sum beyond that you may think proper to appropriate to naval preparations, would perhaps be better employed in providing those articles which may be kept without waste or consumption, and be in readiness when any exigence calls them into use. Progress has been made, as will appear by papers now communicated, in providing materials for seventy-four gun ships, as directed by law.

DECEMBER, 1801.

that they may be able to judge of the proportion which
the institution bears to the business it has to perform, I
have caused to be procured from the several States, and
now lay before Congress, an exact statement of all the
causes decided since the first establishment of the courts,
and of those which were depending when additional
courts and judges were brought in to their aid.
And while on the Judiciary organization, it will be
worthy of your consideration whether the protection of
the inestimable institution of juries has been extended
to all the cases involving the security of our persons
and property. Their impartial selection also being es-
sential to their value, we ought further to consider
whether that is sufficiently secured in those States
where they are named by a marshal depending on Ex-
ecutive will, or designated by the court, or by officers
I cannot omit recommending a revisal of the laws on
the subject of naturalization. Considering the ordina-
ry chances of human life, a denial of citizenship under
a residence of fourteen years, is a denial to a great pro-
portion of those who ask it; and controls a policy pur-
sued, from their first settlement, by many of these
States, and still believed of consequence to their pros-
perity. And shall we refuse to the unhappy fugitives
from distress that hospitality which the savages of the
wilderness extended to our fathers arriving in this land?
Shall oppressed humanity find no asylum on this globe?
The Constitution, indeed, has wisely provided that, for
admission to certain offices of important trust, a resi-
dence shall be required sufficient to develop character
and design. But might not the general character and
capabilities of a citizen be safely communicated to every
one manifesting a bona fide purpose of embarking his
life and fortunes permanently with us? with restric-
tions, perhaps, to guard against the fraudulent usurpa-
tion of our flag? an abuse which brings so much em-
barrassment and loss on the genuine citizen, and so
much danger to the nation of being involved in war,
that no endeavor should be spared to detect and sup-
press it.

How far the authority given by the Legislature for procuring and establishing sites for naval purposes, has been perfectly understood and pursued in the execution, admits of some doubt. A statement of the ex-dependent on them. penses already incurred on that subject is now laid before you. I have, in certain cases, suspended or slackened these expenditures, that the Legislature might determine whether so many yards are necessary as have been contemplated. The works at this place are among those permitted to go on; and five of the seven frigates directed to be laid up, have been brought and laid up here, where, besides the safety of their position, they are under the eye of the Executive Administration, as well as of its agents; and where yourselves also will be guided by your own view in the Legislative provisions respecting them, which may, from time to time, be necessary. They are preserved in such condition, as well the vessels as whatever belongs to them, as to be at all times ready for sea on a short warning. Two others are yet to be laid up, so soon as they shall receive the repairs requisite to put them also into sound condition. As a superintending officer will be necessary at each yard, his duties and emoluments, hitherto fixed by the Executive, will be a more proper subject for legislation. A communication will also be made of our progress in the execution of the law respecting the vessels directed to be sold.

These, fellow-citizens, are the matters respecting the state of the nation which I have thought of importance to be submitted to your consideration at this time. Some others of less moment, or not yet ready for communication, will be the subject of separate Messages. I am happy in this opportunity of committing the arduous affairs of our Government to the collected wisdom of the Union. Nothing shall be wanting on my

The fortifications of our harbors, more or less advanced, present considerations of great difficulty. While some of them are on a scale sufficiently proportioned to the advantages of their position, to the efficacy of their protection, and the importance of the points within it, others are so extensive, will cost so much in their first erection, so much in their maintenance, and require such a force to garrison them, as to make it questionable what is best now to be done. A statement of those commenced or projected; of the expen-part to inform, as far as in my power, the Legislative ses already incurred; and estimates of their future cost, as far as can be foreseen, shall be laid before you, that you may be enabled to judge whether any alteration is necessary in the laws respecting this subject.

Agriculture, manufactures, commerce, and navigation, the four pillars of our prosperity, are then most thriving when left most free to individual enterprise. Protection from casual embarrassments, however, may sometimes be seasonably interposed. If, in the course of your observations or inquiries, they should appear to need any aid within the limits of our Constitutional powers, your sense of their importance is a sufficient assurance they will occupy your attention. We cannot, indeed, but all feel an anxious solicitude for the difficulties under which our carrying trade will soon be placed. How far it can be relieved, otherwise than by time, is a subject of important consideration.

The Judiciary system of the United States, and especially that portion of it recently erected, will, of course, present itself to the contemplation of Congress; and

judgment, nor to carry that judgment into faithful execution. The prudence and temperance of your discussions will promote, within your own walls, that conciliation which so much befriends rational conclusion; and by its example will encourage among our constituents that progress of opinion which is tending to unite them in object and in will. That all should be satisfied with any one order of things, is not to be expected; but I indulge the pleasing persuasion that the great body of our citizens will cordially concur in honest and disinterested efforts, which have for their object to preserve the General and State Governments in their Constitutional form and equilibrium; to maintain peace abroad, and order and obedience to the laws at home; to establish principles and practices of administration favorable to the security of liberty and property, and to reduce expenses to what is necessary for the useful purposes of Government.

DECEMBER 8, 1801.

TH: JEFFERSON.