SENATE.] Proceedings. [OCTOBER, 1803. SMITH, appointed a Senator by the Legislature, make a communication to the two Houses, by of the State of Maryland, for the term of six message, immediately. years from and after the third day of March last. Ordered, That the Secretary wait on the President of the United States and acquaint him that a quorum of the Senate is assembled, and that, in the absence of the VICE PRESIDENT, they have elected the Hon. JOHN BROWN Presi dent of the Senate, pro tempore. The Secretary was directed to give a similar notice to the House of Representatives. Resolved, That JAMES MATHERS, Sergeant-atArms and Doorkeeper to the Senate, be, and he is hereby, authorized to employ one additional 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 during the session, and for twenty days after. Resolved, That each Senator be supplied during the present session with three such newspapers, printed in any of the States, as he may choose, provided that the same be furnished at the usual rate for the annual charge of such papers. A message from the House of Representatives informed the Senate that a quorum of the House had assembled, and had elected the Hon. NATHANIEL MACON their Speaker, and is ready to proceed to business. Ordered, That Messrs. CLINTON and BRECKENRIDGE 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. A message from the House of Representatives informed the Senate, that the House agree to the resolution of the Senate for the appointment of a joint committee to wait on the President of the United States, and have appointed a committee on their part. On motion, Resolved, That two Chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly. Ordered, That the Secretary desire the concurrence of the House of Representatives in this resolution. The Senate proceeded to the choice of a Chaplain on their part, and the ballots having been collected and counted, the whole number was twenty-eight; of which fifteen make a majority. Mr. GANTT had 15 votes, and Mr. M'CORMICK 13. Consequently, the Rev. Dr. GANTT was The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: earlier day than was contemplated by the act of the In calling you together, fellow-citizens, at an last session of Congress, I have not been insensible to the personal inconveniences necessarily resulting from an unexpected change in your arrangements. But matters of great public concernment have rendered this call necessary, and the interest you feel in these will supersede, in your minds, all private considerations. Congress witnessed, at their late session, the extraordinary agitation produced in the public mind by the suspension of our right of deposit at the port of New Orleans, no assignment of another place having been made according to treaty. They were sensible that the continuance of that privation would be more injurious to our nation than any consequences which could flow from any mode of redress; but, reposing just confidence in the good faith of the Government whose officer had committed the wrong, friendly and reasonable representations were resorted to, and the right of deposit was restored. Previous, however, to this period, we had not been unaware of the danger to which our peace would be perpetually exposed whilst so important a key to the commerce of the western country remained under a foreign power. Difficulties too were presenting themselves as to the navigation of other streams, which, arising within our territories, pass through those adjacent. Propositions had therefore been authorized for obtaining, on fair conditions, the sovereignty of New Orleans, and of other possessions in that quarter, interesting to our quiet, to such extent as was deemed practicable; and the provisional appropriation of two millions of dollars, to be applied and accounted for by the President of the United States, intended as part of the price, was considered as conveying the sanction of Congress to the acquisition proposed. The enlightened Government of France saw, with just discernment, the importance to both nations of such liberal arrangements as might best and permanently promote the peace, interests, and *This paragraph is entitled to the careful consideration of all who aspire to a practical knowledge of the principles of our Government, and an intimate acquaintance with its early working. Louisiana had been ceded to the United States by the French Government: the treaty for the cession was now to be submitted for the ratification and the legislation which were necessary to carry it into effect: and the President sets out with showing that he had legislative authority for what he had done that the sanction of Congress had been given to the acquisition beforehand-before the negotiation had been instituted. It was Congress-the legislative authority -which had given that previous sanction, held so vital by Mr. Jefferson: and, notwithstanding that previous sanction, the treaty, after ratification by the Senate, was to be submitted to the legislative power, for the exercise of their functions, as to those conditions which the constitution had vested in Congress. What these functions were, in the understanding of Mr. Jefferson's political school, was to give, or refuse the appropriation according to the dictates of their own discretion, uncontrolled by the treaty stipulation. OCTOBER, 1803.] Proceedings. [SENATE. friendship of both; and the property and sovereignty | which we have the most friendly and useful relations, of all Louisiana, which had been restored to them, engaged in mutual destruction. While we regret the has, on certain conditions, been transferred to the miseries in which we see others involved, let us bow United States, by instruments bearing date the 30th with gratitude to that kind Providence, which, inof April last. When these shall have received the spiring with wisdom and moderation our late Legisconstitutional sanction of the Senate, they will, with- lative Councils, while placed under the urgency of out delay, be communicated to the Representatives the greatest wrongs, guarded us from hastily enterfor the exercise of their functions, as to those condi- ing into the sanguinary contest, and left us only to tions which are within the powers vested by the look on and to pity its ravages. These will be the constitution in Congress. Whilst the property and heaviest on those immediately engaged. Yet the sovereignty of the Mississippi and its waters secure nations pursuing peace will not be exempt from all an independent outlet for the produce of the West- evil. In the course of this conflict let it be our enern States, and an uncontrolled navigation through deavor, as it is our interest and desire, to cultivate their whole course, free from collision with other the friendship of the belligerent nations by every act Powers, and the dangers to our peace from that of justice, and of innocent kindness; to receive their source, the fertility of the country, its climate and armed vessels with hospitality from the distresses of extent, promise, in due season, important aids to our the sea, but to administer the means of annoyance to Treasury, an ample provision for our posterity, and none; to establish in our harbors such a police as a wide spread for the blessings of freedom and equal may maintain law and order; to restrain our citilaws. zens from embarking individually in a war in which With the wisdom of Congress it will rest to take their country takes no part; to punish severely those ulterior measures which may be necessary for those persons, citizen or alien, who shall usurp the the immediate occupation and temporary government cover of our flag for vessels not entitled to it, infectof the country; for its incorporation into our Union; ing thereby with suspicion those of real Americans, for rendering the change of government a blessing to and committing us into controversies for the redress our newly adopted brethren; for securing to them of wrongs not our own; to exact from every nathe rights of conscience and property; for confirming tion the observance, towards our vessels and citizens, to the Indian inhabitants their occupancy and self- of those principles and practices which all civilized government, establishing friendly and commercial people acknowledge; to merit the character of a just relations with them, and for ascertaining the geo- nation, and maintain that of an independent one, graphy of the country acquired. Such materials for preferring every consequence to insult and habitual your information relative to its affairs in general, as wrong. Separated by a wide ocean from the nations the short space of time has permitted me to collect, of Europe, and from the political interests which enwill be laid before you when the subject shall be in tangle them together, with productions and wants a state for your consideration. which render our commerce and friendship useful to them, and theirs to us, it cannot be the interest of any to assail us, nor ours to disturb them. We should be most unwise, indeed, were we to cast away the singular blessings of the position in which nature has placed us, the opportunity she has endowed us with, of pursuing, at a distance from foreign contentions, the paths of industry, peace, and happiness; A further knowledge of the ground in the north- of cultivating general friendship, and of bringing eastern and northwestern angles of the United States collisions of interest to the umpire of reason rather has evinced that the boundaries established by the than of force. How desirable, then, must it be, in a treaty of Paris, between the British territories and Government like ours, to see its citizens adopt, indiours in those parts, were too imperfectly described to vidually, the views, the interests, and the conduct, be susceptible of execution. It has therefore been which their country should pursue, divesting themthought worthy of attention, for preserving and cher-selves of those passions and partialities which tend to ishing the harmony and useful intercourse subsisting lessen useful friendships, and to embarrass and embetween the two nations, to remove, by timely ar- broil us, in the calamitous scenes of Europe! Conrangements, what unfavorable incidents might other-fident, fellow-citizens, that you will duly estimate the wise render a ground of future misunderstanding. A convention has therefore been entered into, which provides for a practicable demarcation of those limit, to the satisfaction of both parties. The small vessels authorized by Congress, with a view to the Mediterranean service, have been sent into that sea, and will be able more effectually to confine the Tripoline cruisers within their harbors, and supersede the necessity of convoy to our commerce in that quarter. They will sensibly lessen the expenses of that service the ensuing year. An account of the receipts and expenditures of the year ending 30th September last, with the estimates for the service of the ensuing year, will be laid before you by the Secretary of the Treasury, so soon as the receipts of the last quarter shall be returned from the more distant States. It is already ascertained that the amount paid into the Treasury for that year has been between eleven and twelve millions of dollars; and that the revenue accrued, during the same term, exceeds the sum counted on us sufficient for our current expenses, and to extinguish the public debt within the period heretofore proposed. We have seen with sincere concern the flames of war lighted up again in Europe, and nations, with importance of neutral dispositions towards the observance of neutral conduct, that you will be sensible how much it is our duty to look on the bloody arena spread before us, with commiseration, indeed, but with no other wish than to see it closed, I am persuaded you will cordially cherish these dispositions in all discussions among yourselves, and in all communications with your constituents; and I anticipate, with satisfaction, the measures of wisdom which the great interests now committed to you will give you an opportunity of providing, and myself, that of approving and of carrying into execution with the fidelity I owe to my country. Oct. 17, 1803. TH. JEFFERSON. The Message was read, and five hundred copies thereof ordered to be printed for the use of the Senate. SENATE.] Amendment to the Constitution. TUESDAY, October 18. PIERCE BUTLER, appointed a Senator by the Legislature of the State of South Carolina, for the unexpired time for which the late John Ewing Colhoun was elected to serve, produced his credentials, which were read, and the oath required by law was administered to him by the President. JAMES JACKSON, from the State of Georgia, attended. The credentials of SAMUEL SMITH, a Senator from the State of Maryland, were read. FRIDAY, October 21. JOHN QUINCY ADAMS, appointed a Senator by the Legislature of the State of Massachusetts, for six years, commencing the 4th day of March last, produced his credentials, which were read; and the oath required by law was administered to him by the President. [OCTOBER, 1803. same communication, for the occupation and government of the country, will call for early attention. Such information relative to its government as time and distance have permitted me to obtain, will be manent arrangements for this object may require ready to be laid before you in a few days. But, as pertime and deliberation, it is for your consideration whether you will not forthwith make such temporary provisions for the preservation, in the meanwhile, of order and tranquillity in the country, as the case may require. TH. JEFFERSON. OCT. 21, 1803. The Message was read, and, together with the papers therein referred to, ordered to lie for consideration. Agreeably to notice given yesterday, Mr. BRECKENRIDGE had leave to bring in a bill to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for other purposes; which bill was read, and ordered to the second reading. The bill is in the following words: tives of the United States of America, in Congress asBe it enacted by the Senate and House of Representasembled, That the President of the United States be, and he is hereby, authorized to take possession of and occupy the territories ceded by France to the United States by the treaty concluded at Paris, on the 30th day of April last, between the two nations; maintain in the said territories the authority of the and that he may for that purpose, and in order to United States, employ any part of the Army and Navy of the United States, and of the force authorized by an act passed the 3d day of March last, enmilitia of the United States, and for erecting certain titled "An act directing a detachment from the arsenals," which he may deem necessary: And so much of the sum appropriated by the said act as may of carrying this act into effect; to be applied under be necessary is hereby appropriated for the purpose the direction of the President of the United States. Mr. CLINTON, after a few prefatory observations on the necessity of designating the persons, severally, whom the people should wish to hold the offices of President and Vice-President of the United States, and stating that the State which he represented, as well as others in the Union, had, through the medium of their Legislatures, strongly recommended the adoption of the principle, laid on the table the following motion, which he read; and it was made the order of the day for the next day, and printed. [The amendment proposed by Mr. Clinton grew out of the attempt in the House of Representatives to elect Mr. Burr President, and to prevent such attempt in future, in the event of an equality of votes between the two highest on the list, it required the electors to discriminate between the presidential and vice-presidential office, and name the persons voted for for each.] Mr. BRECKENRIDGE gave notice, that he should, to-morrow, ask leave to bring in a bill to enable the President of the United States to SEC. 2. And be it further enacted, That until Contake possession of the territories ceded by gress shall have made provision for the temporary France to the United States, by the treaty con-government of the said territories, all the military, cluded at Paris on the 30th of April last, and for other purposes. SATURDAY, October 22. The following Message was received from the civil, and judicial powers exercised by the officers of the existing government of the same, shall be vested in such person or persons, and shall be exercised by and in such manner, as the President of the United States shall direct. Amendment to the Constitution. The order of the day being called for on Mr. CLINTON's motion of yesterday, Mr. CLINTON said that, as the resolution was but now printed, and laid before the Senate, it might be proper to refer it to Monday for further consideration, but if it was requisite, by the rules of the Senate, that the resolution must have three separate readings, and on three dif of Representatives of the United States: In my communication to you of the 17th instant, I informed you that conventions had been entered into with the Government of France for the cession of Louisiana to the United States. These, with the advice and consent of the Senate, having now been ratified, and my ratification exchanged for that of the First Consul of France in due form, they are communicated to you for consideration in your Legisla-ferent days, he should call for a second reading tive capacity. You will observe that some important conditions cannot be carried into execution, but with the aid of the Legislature; and that time presses a decision on them without delay. The ulterior provisions, also, suggested in the on Saturday, that it might be in readiness for a third reading on Monday, and be ultimately acted upon that day, as the Legislatures of Tennessee and Vermont were in session, and probably must be at the trouble of an extra session OCTOBER, 1803.] Amendment to the Constitution. [SENATE. to act upon the amendment, unless it could be | with accuracy. He again trusted and hoped sent to them before they separated. Mr. BROWN, of Kentucky, the President pro tem. of the Senate, said the written rule of the Senate determined that bills should have three readings, and on different days, without unanimous consent to the contrary; but the resolutions were not included; and that he should be glad of the opinion of the Senate upon the subject. Mr. TRACY of Connecticut said, that there was no written rule which would reach the case, but the Vice President, upon the ground that they came within the reason of the rule, had determined that all resolutions which required a joint vote of both Houses to give them efficacy, should take the same course as bills, and have three readings, and on different days, before a final vote; and as this resolution went to the alteration of the supreme law of the land, as the constitution was declared to be, he thought it highly requisite to give the deliberations all the solemnity which was required in passing bills. Mr. BRADLEY, of Vermont, then offered two amendments to the resolution; one went to the form only, and the other makes a majority of votes of the electors requisite for the choice of Vice President, and in case such majority is not obtained, places the choice of Vice President in the Senate. Mr. BUTLER, of South Carolina, proposed an amendment by adding a new clause, in substance: "That at the next election of President, no person should be eligible who had served more than eight years, and, in all future elections, no person should be eligible more than four years in any period of eight years." Mr. DAYTON, of New Jersey, moved to refer the resolution, with all the amendments, to a select committee; he said that it was a subject far too important to be carried in this way. There has been no time to consider it. Some thing more was due in this instance, than, as it were, offering it one moment, and deciding upon it the next. Mr. HILLHOUSE, of Connecticut, supported the motion for referring the question to a select committee. He was opposed to entering now upon the business. Why should this subject be hurried? Why not have taken it up last session? we might in that case have had time to consider it. He had not often known a resolution, of the nature of that before the House, disposed of otherwise, in the first instance, than being referred to a committee. He never knew it refused. In a great and free empire, like the United States, this question is of the highest importance-no less than the choice of the First Magistrate. It is laid upon the table to-day, and we are to determine upon it to-morrow. He hoped not, and as he never knew it refused before, he hoped that it would not be adopted now. He wished it to be referred to a select committee; that it should there be examined, line by line, letter by letter. In the present mode of doing business, it is impossible to act that it would be referred to a select committee. Mr. JACKSON, of Georgia, wished the business to be immediately proceeded upon. He was an admirer of Mr. Jefferson; he was happy, and he trusted all were happy, while he was President. But, continued Mr. J., we know not who may follow him; we may have a Buonaparte, or one who will be equally obnoxious to the people. He hoped the motions would be incorporated and immediately come before the House. Mr. WRIGHT, of Maryland, spoke for some time against the resolution going to a committee. He was against the amendment proposed by Mr. BUTLER. A committee might report when they pleased. He therefore thought it necessary to proceed with the question immediately. Mr. SMITH, of Maryland, wished to have some principles fixed. If the motion and amendments were to go to a committee, he would not tack them together, for by this mode they might both be lost. It has been said that the subject might have been entered into last session. There was then a multiplicity of business of importance before the House, yet this subject might have been entered into. As it stands, this is the proper place to make objections. The mover of the resolution does not say that it shall be determined on Monday; he means that it shall then be before the whole House. After some desultory observations, in which one member observed that he thought it disorderly, the question on Mr. BUTLER'S amendment was put-ayes 16, nays 15. A committee was then chosen for the purpose, namely: Mr. BUTLER, Mr. BRADLEY, Mr. CLINTON, Mr. NICHOLAS, and Mr. SMITH. MONDAY, October 24. Louisiana Cession. The bill to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty for other purposes, was read the second time concluded at Paris on the 30th of April last, and and referred to Messrs. BRECKENRIDGE, Dayton, and BALDWIN, to consider and report thereon. Amendment to the Constitution. Mr. BUTLER, from the committee, to whom was referred, on the 22d inst., the motion for an amendment to the Constitution of the United States, made report, which was read. Mr. DAYTON moved to strike out all which respected the appointment of a Vice President. He said the great inducements of the framers of the constitution to admit the office of Vice President was, that, by the mode of choice, the best and most respectable man should be designated; and that the electors of each State should vote for one person at least, living in a different State from themselves; and if the substance of the amendment was adopted, he thought the office had better be abolished. Jealousies were natural between President and Vice President; no heir apparent ever loved the person on the throne. With this resolution for an amendment to the constitution we were left with all the inconveniencies, without a single advantage from the office of Vice President. Mr. CLINTON.-The obvious intention of the amendment proposed by the gentleman from New Jersey, is to put off or get rid of the main question. It would more comport with the candor of the gentleman to meet the question fairly. Can the gentleman suppose that the electors will not vote for a man of respectability for Vice President? True, the qualifications are distinct, and ought not to be confounded; this will stave off the question till the Legislatures of the States of Tennessee and Vermont are out of session, and the object must be very obvious. Mr. DAYTON.-The custom of the gentleman from New York has been of late to arraign motives instead of meeting arguments; on Saturday he accused me of wishing to procrastinate, and now the same is repeated. The reasons of erecting the office are frustrated by the amendment to the constitution now proposed; it will be preferable, therefore, to abolish the office. Mr. CLINTON.-The charge of the gentleman from New Jersey is totally unfounded that I arraign motives, and do not meet arguments. On Saturday the gentleman accused me of precipitation; I am not in the habit of arraigning motives, as this Senate can witness, and the charge is totally untrue. [OCTOBER, 1803. Mr. BRECKENRIDGE, from the committee to whom was referred, on the 24th instant, the bill to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for other purposes, reported it without amendment. Ordered, That this bill pass to a third reading. WEDNESDAY, October 26. Louisiana Treaty. The bill to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for other purposes, was read the third time. And, on the question, Shall this bill pass? it was determined in the affirmative— yeas 26, nays 6, as follows: YEAS.-Messrs. Anderson, Bailey, Baldwin, Bradley, Breckenridge, Brown, Butler, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, I. Smith, J. Smith, S. Smith, Stone, Taylor, Wells, White, Worthington, and Wright. NAYS.-Messrs. Adams, Hillhouse, Olcott, Pickering, Plumer, and Tracy.* SATURDAY, OCTOBER 29. conference on the amendments of the House of Mr. BRECKENRIDGE, from the committee of Representatives to the bill, entitled "An act Mr. NICHOLAS.-To secure the United States from the dangers which existed during the last Boundaries of the Province of Louisiana, as contained choice of President, the present resolution was introduced. It was impossible to act upon, or in a paper communicated by Mr. Jefferson to Congress. pass the amendment offered by the member Mississippi, though very extensive, are at present involved The precise boundaries of Louisiana, westward of the from New Jersey, with a full view of all its in some obscurity. Data are equally wanting to assign with bearings at this time. It ought not to stand in precision its northern extent. From the source of the Misthe way of the resolution reported by the com-sissippi, it is bounded eastwardly, by the middle of the channel of that river, to the thirty-first degree of latitude; mittee, for two-thirds or three-quarters of the thence, it is asserted, upon very strong grounds, that, accordState Legislatures would be in session in two or ing to its limits, when formerly possessed by France, it stretches to the east as far, at least, as the river Perdido, three months; the Senate had, therefore, better which runs into the bay of Mexico, eastward of the river not admit the amendment, even if convinced Mobile. that it was correct, because it might jeopardize the main amendment of discriminating. Mr. BUTLER moved a postponement until Mr. WORTHINGTON said the same. mark, that Louisiana, including the Mobile settlements, was It may be consistent with the view of these notes to rediscovered and peopled by the French, whose monarchs made several grants of its trade, in particular to Mr. Crozat, in 1712, and some years afterwards, with his acquiescence, to the well-known company projected by Mr. Law. This company was relinquished in the year 1781. By a secret con vention, on the 3d November, 1762, the French Government ceded so much of the province as lies beyond the Mississippi, as well as the island of New Orleans, to Spain; and, by the treaty of peace which followed in 1763, the whole territory of France and Spain, eastward of the middle of the Missisriver and the lakes Maurepas and Pontchartrain to the sea, was ceded to Great Britain. Spain having conquered the Floridas from Great Britain, during our Revolutionary war, they were confirmed to her by the Treaty of Peace of 1784. The question for postponement was taken, sippi, to the Iberville, thence, through the middle of that and lost-ayes 15, noes 16. The amendment of Mr. DAYTON was now before the Senate. A motion for adjournment was now made and carried-ayes 16, noes 15. TUESDAY, October 25. JOHN SMITH, appointed a Senator by the Legislature of the State of Ohio, attended and produced his credentials, which were read, and the oath required by law was administered to him by the President. By the Treaty of St. Ildefonso, of the 1st of October, 1800, His Catholic Majesty promises and engages on his part to cede back to the French Republic, six months after the full and entire execution of the conditions and stipulations therein contained, relative to the Duke of Parma, "the colony or province of Louisiana, with the same extent that it actually has in the hands of Spain, that it had when France possessed it, and such as it ought to be after the treaties subsequently entered into between Spain and other States." This treaty was confirmed and enforced by that of Madrid, of the 21st of March, 1801. From France it passed to us by the Treaty of the 30th of April last, with a reference to the above clause as descriptive of the limits ceded. |