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DEBATES OF CONGRESS, ,

FROM 1789 TO 1856.

FROM GALES AND SEATON'S ANNALS OF CONGRESS; FROM THEIR

REGISTER OF DEBATES; AND FROM THE OFFICIAL

REPORTED DEBATES, BY JOHN C. RIVES.

BY

THE AUTHOR OF THE THIRTY YEARS' VIEW.

VOL. III.

NEW YORK:
D. APPLETON & COMPANY, 346 & 348 BROADWAY.

COLUMBUS, 0.:
FOLLETT, FOSTER & CO.

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ENTERED according to Act of Congress, in the year 1856, by

D. APPLETON AND COMPANY, in the Clerk's Office of the District Court for the Southern District of New York.

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EIGHTH CONGRESS.-FIRST SESSION.

BEGUN AT THE CITY OF WASHINGTON, OCTOBER 17, 1803.

PRESIDENT OF THE UNITED STATES-THOMAS JEFFERSON.

PROCEEDINGS IN THE SENATE.*

PRESENT :

MONDAY, October 17, 1803.

proceeded to the election of a President, pro The first session of the eighth Congress, con- | tem., as the constitution provides, and the balformably to the Constitution of the United States, lots being collected and counted, the whole commenced at the city of Washington, agreea- number was found to be twenty-nine, of which bly to the Proclamation of the President of the fifteen make a majority. Mr. Brown bad 24, United States for that purpose ; and the Senate Mr. BALDWIN 2, Mr. DAYTON 2, and Mr. Pickassembled on this day.

ERING 1.

Consequently, the Honorable John Brown

was elected President of the Senate, pro tempore. SIMEON OLcott and WILLIAM PLUMER, from The credentials of the following Senators New Hampshire ;

were severally read, to wit: TIMOTHY PICKERING, from Massachusetts; Of JosEPA ANDERSON, appointed a Senator by

JAMES HILLHOUSE and Urian Tracy, from the Legislature of the State of Tennessee; of Connecticut;

THEODORUS BAILEY, appointed a Senator by the CHRISTOPHER ELLERY and SAMUEL I. POTTER, Legislature of the State of New York; of JAMES from Rhode Island;

HILLAOUSE, appointed a Senator by the LegislaSTEPHEN R. BRADLEY and ISRAEL SMITH, from ture of the State of Connecticut; of SAMUEL Vermont;

Maclay, appointed a Senator by the Legislature DE WITT CLINTON and THEODORUS Bailey, of the State of Pennsylvania; of Samuel I. from New York;

POTTER, appointed a Senator by the Legislature JONATHAN DAYTON and JOHN CONDIT, from of the State of Rhode Island; of Israel Smith, New Jersey;

appointed a Senator by the Legislature of the GEORGE LOGAN and SAMUEL MAOlay, from State of Vermont; of SAMUEL WHITE, appointed Pennsylvania;

a Senator by the Legislature of the State of WILLIAM HILL Wells and SAMUEL WHITE, Delaware ; for the term of six years from and from Delaware;

after the third day of March last, respectively: ROBERT WRIGHT and SAMUEL SMITH, from also, of Thomas WORTHINGTON, appointed a Maryland;

Senator by the Legislature of the State of Ohio; John Taylor and Wilson CABEY NICHOLAS, of John Condit, appointed a Senator by the from Virginia;

Executive of the State of New Jersey; of JOHN John Brown and JOHN BRECKENRIDGE, from TAYLOR, appointed a Senator by the Executive Kentucky;

TENSE Y FRANKLIN and David Stone, from son, deceased; of Timorary PIOKERING, appointed North Carolina ;

a Senator by the Legislature of the State of JOSEPH ANDERSON and WILLIAM Cooke, from Massachusetts, in the place of Dwight Foster, Tennessee ;

resigned; and the oath required by law was, ABRAHAM BALDWIN, from Georgia; and by the PRESIDENT, administered to them reThomas WORTHINGTON, from Ohio.

spectively. The VICE PRESIDENT being absent, the Senate The oath was also administered to SAMUEL

* LIST OF MEMBERS OF THE SENATE.
New Hampshire.-Simeon Olcott, William Plumer.
Vermont.-S. R. Bradley, Israel Smith.
Massachusetts.-Jonathan Mason, Timothy Pickering.
Rhode Island.-Christopher Ellery, Samuel I. Potter.
Connecticut.-James Hillhouse, Uriah Tracy.
New York.—De Witt Clinton, Theodorus Bailey.
New Jersey.-Jonathan Dayton, John Condit.
Pennsylvania.-George Logan, Samuel Maclay.

Delaware.-William H. Wells, Samuel White.
Maryland.-Robert Wright, Samuel Smith.
Virginia.-Wilson C. Nicholas, John Taylor.
North Carolina. - Jesse Franklin, David Stone.
South Carolina.-Pierce Butler, Thomas Sumter.
Georgia.-A. Baldwin, James Jackson.
Tennessee.-William Cocke, Josoph Anderson.
Kentucky.-John Breckenridge, John Browno.
Ohio.-Thomas Worthington, John Smith.

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 froin and after the third day of March The following Message was received from the last.

PRESIDENT OF THE UNITED STATES:
Ordered, That the Secretary wait on the
President of the United States and acquaint To the Senate and House of

Representatives of the United States : him that a quorum of the Senate is assembled, and that, in the absence of the Vice PRESIDENT, earlier day than was contemplated by the act of the

In calling you together, fellow-citizens, at an they have elected the Hon. John Brown Presi- last session of Congress, I have not been insensible dent of the Senate, pro tempore. The Secretary was directed to give a similar from an unexpected change in your arrangements

to the personal inconveniences necessarily resulting notice to the House of Representatives.

But matters of great public concernment have renResolved, That JAMES MATHERS, Sergeant-at- dered this call necessary, and the interest you feel in Arms and Doorkeeper to the Senate, be, and he these will supersede, in your minds, all private conis hereby, authorized to employ one additional siderations. assistant and two horses, for the purpose of Congress witnessed, at their late session, the experforming such services as are usually required traordinary agitation produced in the public mind by by the Doorkeeper to the Senate; and that the the suspension of our right of deposit at the port of sum of twenty-eight dollars be allowed him New Orleans, no assignment of another place having weekly for that purpose during the session, and been made according to treaty. They were sensible for twenty days after.

that the continuance of that privation would be more Resolved, That each Senator be supplied dur- could flow from any mode of redress ; but, reposing

injurious to our nation than any consequences which ing the present session with three such news- just confidence in the good faith of the Government papers, printed in any of the States, as he may whose officer had committed the wrong, friendly and choose, provided that the same be furnished reasonable representations were resorted to, and the at the usual rate for the annual charge of such right of deposit was restored. papers.

Previous, however, to this period, we had not been À message from the House of Representatives unaware of the danger to which our peace would be informed the Senate that a quorum of the House perpetually exposed whilst so important a key to the had assembled, and had elected the Hon. Na- commerce of the western country remained under a THANIEL Macon their Speaker, and is ready to foreign power. Difficultics too were presenting themproceed to business.

selves as to the navigation of other streams, which, Ordered, That Messrs. Clinton and BRECKEN- arising within our territories, pass through those adRIDGE be a committee on the part of the Senate, jacent. Propositions had therefore been authorized together with such coinmittee as the House of for obtaining, on fair conditions, the sovereignty of wait on the President of the United States, deemed practicable; and the provisional appropriaRepresentatives may appoint on their

part, to New Orleans, and of other possessions in that quar

ter, interesting to our quiet, to such extent as was and notify him that a quorum of the two tion of two millions of dollars, to be applied and acHouses is assembled, and ready to receive any counted for by the President of the United States, communications that he may be pleased to make intended as part of the price, was considered as conto them.

veying the sanction of Congress to the acquisition A message from the House of Representa- proposed.* The enlightened Government of France tives informed the Senate, that the House agree saw, with just discernment, the importance to both to the resolution of the Senate for the appoint- nations of such liberal arrangements as might best ment of a joint committee to wait on the Presi- and permanently promote the peace, interests, and dent of the United States, and have appointed a committee on their part.

On motion, Resolved, That two Chaplains, of * This paragraph is entitled to the careful consideration of different denominations, be appointed to Con- all who aspire to a practical knowledge of the principles of gress for the present session, one by each House, our Government, and an intimate acquaintance with its early who shall interchange weekly.

working. Louisiana had been ceded to the United States by Ordered, That the Secretary desire the con

the French Government: the treaty for the cession was now currence of the House of Representatives in this to be submitted for the ratification and the legislation which resolution.

were necessary to carry it into effect; and the President sets

out with showing that he had legislative authority for what The Senate proceeded to the choice of a Chaplain on their part, and the ballots having he had done—that the sanction of Congress had been given been collected and counted, the whole number to the acquisition beforeband-before the negotiation had

been instituted. It was Congress the legislative authority was twenty-eight; of which fifteen make a majority. Mr. GANTT had 15 votes, and Mr. which had given that previous sanction, held so vital by

Mr. Jefferson : and, notwithstanding that previous sanction, M'CORMICK 13.

the treaty, after ratification by the Senate, was to be subConsequently, the Rev. Dr. GANTT was

mitted to the legislative power, for the exercise of their elected.

functions, as to those conditions which the constitution had Mr. CLINTON reported, from the joint com

vested in Congress. What these functions were, in the 10mittee appointed for the purpose, that they had derstanding of Mr. Jefferson's political school, was to give, or waited on the PRESIDENT OF THE UNITED STATES, refuse the appropriation according to the dictates of their and that he had acquainted them that he would 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 or 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 The small vessels authorized by Congress, with a them, and theirs to us, it cannot be the interest of view to the Mediterranean service, have been sent any to assail us, nor ours to disturb them. We into that sea, and will be able more effectually to con- should be most unwise, indeed, were we to cast away, fine the Tripoline cruisers within their harbors, and the singular blessings of the position in which nasupersede the necessity of convoy to our commerce inture has placed us, the opportunity she has endowed that quarter. They will sensibly lessen the expenses us with, of pursuing, at a distance from foreign conof that service the ensuing year.

tentions, 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 importance of neutral dispositions towards the obserconvention has therefore been entered into, which vance of neutral conduct, that you will be sensible provides for a practicable demarcation of those limits, how much it is our duty to look on the bloody arena to the satisfaction of both parties.

spread before us, with commiseration, indeed, but An account of the receipts and expenditures of the with no other wish than to see it closed, I am peryear ending 30th September last, with the estimates suaded you will cordially cherish these dispositions for the service of the ensuing year, will be laid before in all discussions among yourselves, and in all coinyou by the Secretary of the Treasury, so soon as the munications with your constituents; and I anticipate, receipts of the last quarter shall be returned from the with satisfaction, the measures of wisdom which more distant States. It is already ascertained that the great interests now committed to you will give the amount paid into the Treasury for that year has you an opportunity of providing, and myself, that oi been between elevan and twelve millions of dollars ; approving and of carrying into execution with the and that the revenue accrued, during the same term, fidelity I owe to my country. exceeds the sum counted on as sufficient for our cur

TH. JEFFERSON.

Oct. 17, 1803. rent expenses, and to extinguish the public debt within the period heretofore proposed.

The Message was read, and five hundred copies We have seen with sincere concern the flames of thereof ordered to be printed for the use of the war lighted up again in Europe, and nations, with Senate.

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