OCTOBER, 1807.] Proceedings. TENTH CONGRESS.-FIRST SESSION. [SENATE. BEGUN AT THE CITY OF WASHINGTON, OCTOBER 26, 1807. PROCEEDINGS IN THE SENATE.* A PROCLAMATION By the President of the United States of America. Whereas great and weighty matters claiming the consideration of the Congress of the United States form an extraordinary occasion for convening them, I do by these presents appoint Monday the twentysixth day of October next for their meeting at the City of Washington; hereby requiring the respective Senators and Representatives then and there to assemble in Congress, in order to receive such communications as may then be made to them, and to consult and determine on such measures as in their wisdom may be deemed meet for the welfare of the United States. In testimony whereof, I have caused the seal of the United States to be hereunto affixed, and signed the same with my hand. Done at the city of Washington, the thirtieth day of July, in the year of our Lord one thousand eight hundred and seven, and in the thirty[L. s.] second year of the Independence of the Unit ed States. By the President: TH. JEFFERSON. JAMES MADISON, Secretary of State. MONDAY, October 26, 1807. Conformably to the above Proclamation of the President of the United States, of the 30th July last, the First Session of the Tenth Congress commenced this day, at the city of Washington, and the Senate assembled, in their Chamber, in the Capitol. PRESENT: STEPHEN R. BRADLEY, from Vermont. * SAMUEL L. MITOHILL, from New York. JOHN CONDIT and AARON KITCHEL, from New Jersey. SAMUEL MACLAY and ANDREW GREGG, from Pennsylvania. SAMUEL WHITE, from Delaware. SAMUEL SMITH and PHILIP REED, from Maryland. JAMES TURNER, from North Carolina. BUCKNER THRUSTON, from Kentucky. JESSE FRANKLIN, appointed a Senator by the Legislature of the State of North Carolina, for the term of six years, commencing on the fourth day of March last; GEORGE JONES, appointed a Senator by the Executive of the State of Georgia, to fill the vacancy occasioned by the death of Abraham Baldwin; NAHUM PARKER, appointed a Senator by the Legislature of the State of New Hampshire, for the term of six years, commencing on the fourth day of March last; JoNATHAN ROBINSON, appointed a Senator by the Legislature of the State of Vermont, to supply the place of Israel Smith, whose seat has become vacant; and EDWARD TIFFIN, appointed a Senator by the Legislature of the State of Ohio, for the term of six years, commencing on the fourth day of March last, respectively took their seats, and produced their credentials, GEORGE CLINTON, Vice President of the Unit- which were read; and the oath prescribed by ed States, and President of the Senate. NICHOLAS GILMAN, from New Hampshire. JOHN QUINOY ADAMS and TIMOTHY PICKERING, from Massachusetts. BENJAMIN HOWLAND, from Rhode Island. LIST OF MEMBERS OF THE SENATE. New Jersey.-John Condit, Aaron Kitchel. law was administered to them. JOHN POPE, appointed a Senator by the State of Kentucky, for the term of six years, commencing on the fourth of March last, stated that the Governor and Secretary being absent when Maryland.-Samuel Smith, Philip Reed. Kentucky.-Buckner Thruston, John Pope. Tennessee.-Joseph Anderson, Daniel Smith. SENATE.] President's Annual Message. [ОСТОВЕР, 1807. TUESDAY, October 27. Mr. ANDERSON reported, from the joint com he left home, he came to the seat of Government without his credentials; but that he expected they would be speedily forwarded to him: whereupon, he took his seat in the Sen-mittee, that they had waited on the President tion of yesterday, and that the President inof the United States, agreeably to the resolu formed the committee that he would make a communication to the two Houses this day, at ate, and the oath was administered to him as the law prescribes. The oath was also administered to Messrs. BRADLEY, GREGG, MILLEDGE, and REED, their credentials having been read and filed during the last session. Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business. Ordered, That Messrs. ANDERSON and BRADLEY be a committee on the part of the Senate, together with such committee as the House of Representatives may appoint on their part, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them. On motion, it was 12 o'clock. President's Annual Message. Representatives of the United States: Circumstances, fellow-citizens, which seriously threatened the peace of our country, have made it a duty to convene you at an earlier period than usual. The love of peace, so much cherished in the bosoms of our citizens, which has so long guided the proceedunder so many wrongs, may not ensure our conti ings of their public councils, and induced forbearance nuance in the quiet pursuits of industry. The many injuries and depredations committed on our commerce and navigation upon the high seas for years past, the Resolved, That each Senator be supplied, during the present session, with three such news-successive innovations on those principles of public papers, printed in any of the States, as he may choose; provided that the same be furnished at the usual rate for the annual charge of such papers; and provided, also, that if any Senator shall choose to take any newspapers, other than daily papers, he shall be supplied with as many such papers as shall not exceed the price of three daily papers. On motion, it was law which have been established by the reason and usage of nations as the rule of their intercourse, and the umpire and security of their rights and peace, and all the circumstances which induced the extraordi nary mission to London, are already known to you. The instructions given to our Ministers were framed in the sincerest spirit of amity and moderation. They accordingly proceeded, in conformity therewith, to propose arrangements which might embrace and settle all the points in difference between us, which might bring us to a mutual understanding on our neutral and national rights, and provide for a commercial intercourse on conditions of some equality. After long and fruitless endeavors to effect the pur poses of their mission, and to obtain arrangements within the limits of their instructions, they concluded to sign such as could be obtained, and to send them for consideration, candidly declaring to their other nego tiators at the same time that they were acting against their instructions, and that their Government thereResolved, That two Chaplains, of different de-fore could not be pledged for ratification. Some of nominations, be appointed to Congress during the present session, one by each house, who shall interchange weekly. 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. On motion, it was Ordered, That the Secretary desire the concurrence of the House of Representatives in this resolution. A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled, and have elected JOSEPH B. VARNUM, one of the Representatives for Massachusetts, their Speaker, and are ready to proceed to business. They have appointed a committee on their part, jointly with the committee appointed on the part of the Senate, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them. The Senate adjourned to 11 o'clock to-morrow morning. principle of compromise, but others were too highly the articles proposed might have been admitted on a disadvantageous; and no sufficient provision was made against the principal source of the irritations and collisions which were constantly endangering the peace of the two nations. The question, therefore, whether a treaty should be accepted in that form, could have admitted but of one decision, even had no declarations of the other party impaired our confidence in it. Still anxious not to close the door against friendly adjustment, new modifications were framed, and further concessions authorized than could before have been supposed necessary; and our Ministers were instructed to resume their negotiations on these grounds. On this new reference to when, on the 22d day of June last, by a formal order amicable discussion we were reposing in confidence, from a British Admiral, the frigate Chesapeake, leaving her port for a distant service, was attacked by one of those vessels which had been lying in our harbors under the indulgences of hospitality, was disabled from proceeding, had several of her crew killed, and four taken away. On this outrage no commentaries OCTOBER, 1807.] President's Annual Message. [SENATE. are necessary. Its character has been pronounced by | with ours, in proportion to their advancement. With the indignant voice of our citizens with an emphasis the whole of these people, in every quarter, I shall and unanimity never exceeded. I immediately, by continue to inculcate peace and friendship with all proclamation, interdicted our harbors and waters to their neighbors, and perseverance in those occupations all British armed vessels, forbade intercourse with and pursuits which will best promote their own wellthem; and, uncertain how far hostilities were intend- being. ed, and the town of Norfolk, indeed, being threatened with immediate attack, a sufficient force was ordered for the protection of that place, and such other preparations commenced and pursued as the prospect rendered proper. An armed vessel of the United States was despatched with instructions to our Ministers at London to call on that Government for the satisfaction and security required by the outrage. A very short interval ought now to bring the answer, which shall be communicated to you as soon as received; then, also, or as soon after as the public interests shall be found to admit, the unratified treaty and proceedings relative to it, shall be made known to you. The aggression thus begun has been continued on the part of the British commanders, by remaining within our waters in defiance of the authority of the country, by habitual violations of its jurisdiction, and, at length, by putting to death one of the persons whom they had forcibly taken from on board the Chesapeake. These aggravations necessarily lead to the policy either of never admitting an armed vessel into our harbors, or of maintaining in every harbor such an armed force as may constrain obedience to the laws, and protect the lives and property of our citizens against their armed guests. But the expense of such a standing force, and its inconsistence with our principles, dispense with those courtesies which would necessarily call for it, and leave us equally free to exclude the navy as we are the army of a foreign power from entering our limits. To former violations of maritime rights another is now added of very extensive effect. The Government of that nation has issued an order interdicting all trade by neutrals between ports not in amity with them. And being now at war with nearly every nation on the Atlantic and Mediterranean seas, our vessels are required to sacrifice their cargoes at the first port they touch, or to return home without the benefit of going to any other market. Under this new law of the ocean, our trade on the Mediterranean has been swept away by seizures and condemnations, and that in other seas is threatened with the same fate. Among our Indian neighbors in the North-western quarter, some fermentation was observed soon after the late occurrences, threatening the continuance of our peace. Messages were said to be interchanged, and tokens to be passing, which usually denote a state of restlessness among them, and the character of the agitators pointed to the sources of excitement. Measures were immediately taken for providing ngainst that danger; instructions were given to require explanations, and, with assurances of our continued friendship, to admonish the tribes to remain quiet at home, taking no part in quarrels not belonging to them. As far as we are yet informed, the tribes in our vicinity, who are most advanced in the pursuits of industry, are sincerely disposed to adhere to their friendship with us, and to their peace with all others. While those more remote do not present appearances sufficiently quiet to justify the intermission of military precaution on our part. The great tribes on our South-western quarter, much advanced beyond the others in agriculture and household arts, appear tranquil, and identifying their views The appropriations of the last session for the defence of our seaport towns and harbors, were made under expectation that a continuance of our peace would permit us to proceed in that work according to our convenience. It has been thought better to apply the sums then given toward the defence of New York, Charleston, and New Orleans, chiefly, as most open and most likely first to need protection, and to leave places less immediately in danger to the provisions of the present session. The gunboats, too, already provided, have, on a like principle, been chiefly assigned to New York, New Orleans, and the Chesapeake. Whether our movable force on the water, so material in aid of the defensive works on the land, should be augmented in this or any other form, is left to the wisdom of the Legislature. For the purpose of manning these vessels, in sudden attacks on our harbors, it is a matter of consideration whether the seamen of the United States may not justly be formed into a special militia, to be called on for tours of duty in defence of the harbors where they shall happen to be; the ordinary militia of the place furnishing that portion which may consist of landsmen. I informed Congress at their last session of the enterprises against the public peace, which were believed to be in preparation by Aaron Burr and his associates, of the measures taken to defeat them, and to bring the offenders to justice. Their enterprises were happily defeated by the patriotic exertions of the militia whenever called into action, by the fidelity of the Army and energy of the Commander-in-chief, in promptly arranging the difficulties presenting themselves on the Sabine, repairing to meet those arising on the Mississippi, and dissipating, before their explosion, plots engendering there. I shall think it my duty to lay before you the proceedings, and the evidence publicly exhibited on the arraignment of the principal offenders before the circuit court of Virginia. You will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law, and wherever it shall be found, the Legislature alone can apply or originate the remedy.* The framers of our constitution certainly supposed they had guarded, as well their Government against destruction by treason, as their citizens against oppression, under pretence of it; and if these ends are not attained, it is of importance to inquire by what means more effectual they may be secured. The accounts of the receipts of revenue during the He had been tried at Richmond, Va., (Chief Justice Marshall presiding,) on two indictments-one, for high treason, in levying war against the United States; the other, for a misdemeanor in setting on foot, within the United States, a military expedition against a power with whom the United States were at peace, to wit, Spain; and had been acquitted on both trials, under instructions from the Court. First. That the acts proved under the treason indictment, did not amount to levying war against the United States. Second. That the military expedition against Spain was set on foot in Ohio, and not in Virginia, and therefore not triable in Virginia. Col. Burr was recognized to appear and answer to this charge in Ohio, but forfeited the recognizance, and the United States for many years. | [NOVEMBER, 1807. William Eaton, enclosing the translation of a petition of Hamet Bashaw Caramalli, stating his services and sufferings in behalf of the United States, in which, relying on promises of remuneration, he hath exposed his life, and sacrificed all his means, and praying relief; and the petition was read, and ordered to lie for considera year ending on the thirtieth day of September last, being not yet made up, a correct statement will be hereafter transmitted from the Treasury. In the mean time, it is ascertained that the receipts have amounted to near sixteen millions of dollars, which, with the five millions and a half in the Treasury at the beginning of the year, have enabled us, after meeting the current demands and interest incurred, to pay more than four millions of the principal of our funded debt. These payments, with those of the preceding five and a half years, have extinguished of the funded debt twenty-five millions and a half Removal of Federal Judges on Address from of dollars, being the whole which could be paid or purchased within the limits of the law and of our contracts, and have left us in the Treasury eight millions and a half of dollars. tion. THURSDAY, November 5. Congress. Mr. TIFFIN submitted the following motion for consideration: Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, That the following section be submitted to the Legislatures of the several States, which, when ratified and confirmed by the Legislatures of three-fourths of the said States, shall be valid and binding, as a part of the Constitution of the United States, in lieu of the first section of third article thereof: "The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices for years, shall be removed by the President on the address of two-thirds of both Houses of Congress re JAMES HILLHOUSE, from the State of Connec- questing the same, and shall, at stated times, reticut, attended. MONDAY, November 2. JOHN GAILLARD, appointed a Senator by the Legislature of the State of South Carolina, for the term of six years, commencing on the fourth day of March last, and JOHN SMITH, appointed a Senator by the Legislature of the State of New York, for the term of six years, commencing on the fourth day of March last, respectively took their seats, and the oath prescribed by law was administered to them: their credentials having been read and filed during the last session. On motion, by Mr. MILLEDGE, it was Resolved, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of the Honorable ABRAHAM BALDWIN, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing a crape round the left arm. On motion, by Mr. HILLHOUSE, it was Resolved, That the members of the Senate from a sincere desire of showing every mark of respect due to the memory of the Honorable URIAH TRACY, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing a crape round the left arm. ceive for their services a compensation, which shall not be diminished during their continuance in office." MONDAY, November 9. Mr. POPE, appointed a Senator by the State of Kentucky, produced his credentials, which were read and ordered to lie on file. FRIDAY, November 13. Slavery in Indiana Territory. Mr. FRANKLIN, from the committee to whom were referred, on the 7th instant, the resolutions of the Legislative Council and House of Representatives of the Indiana Territory, on the propriety of suspending the sixth article of compact contained in the Ordinance for the government of the North-western Territory, passed the 13th day of July, 1787, together with a remonstrance of certain citizens of Clark County against the said resolutions, made report; which was read, and ordered to lie for consideration. The report is as follows: The Legislative Council and House of Representatives, in their resolutions, express their sense of the propriety of introducing slavery into their Territory, and solicit the Congress of the United States to suspend, for a given number of years, the sixth article of compact, in the Ordinance for the government of the Territory north-west of the river Ohio, passed the 13th day of July, 1787. That article declares: "there shall be neither slavery nor involuntary servitude in the said Territory." The citizens of Clark County, in their remonstrance, express their sense of the impropriety of the measure, and solicit the Congress of the United States not to act on the subject, so as to permit the introduction of The Senate took into consideration the report of the committee to whom was referred, on the 7th instant, the resolutions of the Legislative Council and House of Representatives of the Indiana Territory, on the propriety of suspending the 6th article of compact contained in the ordinance for the government of the Northwestern Territory, and agreed thereto; and, Resolved, That it is not expedient, at this time, to suspend the 6th article of compact for the government of the Territory of the United States north-west of the river Ohio. Mr. MACLAY offered the following resolution: Resolved, That a committee be appointed to inquire and report to the Senate their opinion whether John Smith, a Senator from the State of Ohio, ought not to be expelled from the Senate, in consequence of the part which he took in the conspiracy of Aaron Burr, against the peace and prosperity of the United States, or what other steps, in their opinion, it may be necessary and proper, under the present circumstances, for the Senate to adopt. Mr. HOPE moved to amend this resolution; to make way for which amendment, Mr. MACLAY withdrew his resolution. Mr. THRUSTON offered the following resolution as an amendment, omitting that part in italics, which Mr. JONES moved as an amendment to the amendment: [SENATE Resolved, That a committee be appointed to inquire whether it be compatible with the honor and privileges of this House, that John Smith, a Senator from the State of Ohio, against whom bills of indictment were found at the Circuit Court of Virginia, held at Richmond in August last, for treason and misdemeanor, should be permitted any longer to hold a seat therein; and that the committee do inquire into all the facts regarding the conduct of Mr. Smith, as an alleged associate of Aaron Burr, and report the same to the Senate. Mr. HILLHOUSE objected to the resolution on the ground of allowing the committee too wide a latitude. Mr. ADAMS vindicated the resolution from this objection. The question was then taken on the resolution offered by Mr. THRUSTON, and amended by Mr. JONES, and carried without a division; and Messrs. ADAMS, MACLAY, FRANKLIN, S. SMITH, POPE, THRUSTON, and ANDERSON, were appointed the committee. WEDNESDAY, December 9. WILLIAM H. CRAWFORD, appointed a Senator by the Legislature of the State of Georgia, to fill the vacancy occasioned by the death of Abraham Baldwin, attended and produced his credentials, which were read, and the oath prescribed by law was administered to him. FRIDAY, December 18. Embargo. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: The communications now made, showing the great and increasing dangers with which our vessels, our seamen, and merchandise, are threatened on the high seas and elsewhere, from the belligerent powers of Europe, and it being of the greatest importance to keep in safety these essential resources, I deem it my duty to recommend the subject to the consideration of Congress, who will doubtless perceive all the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United States. Their wisdom will also see the necessity of making every preparation for whatever events may grow out of the present crisis. TH. JEFFERSON. DECEMBER 18, 1807. Ordered, That the Message, together with the papers therein referred to, be committed to Messrs. SMITH of Maryland, ADAMS, ANDERSON, BBADLEY, and GREGG, to consider and report thereon; and that the same be considered as confidential. MONDAY, December 21. Mr. REED, from the State of Maryland, attended. |