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PROCEEDINGS AND DEBATES

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THE SENATE OF THE UNITED STATES,

AT THE SECOND SESSION OF THE NINTH CONGRESS, BEGUN AT THE CITY OF

WASHINGTON, MONDAY, DECEMBER 1, 1806.

MONDAY, December 1, 1806.

the President of the United States, and notify him The second session of the Ninth Congress, con- that a quorum of the two Houses is assembled, formably to the Constitution of the United States, and ready to receive any communication that he commenced this day, at the City of Washington, may be pleased to make to them. and the Senate assembled, in their Chamber. The Senate took into consideration the resolu

tion of the House of Representatives last menPRESENT:

tioned, for the appointment of a joint committee, GEORGE CLINTON, Vice President of the United and States, and President of the Senate.

Resolved, That they do concur therein; and William PLUMER and NICHOLAS Gilman, from Ordered, That Messrs. Mirchill and' STONE New Hampshire.

be the committee on the part of the Senate. Joha QUINCY Adams and TIMOTHY PICKERING, from Massachusetts.

Mr. MITChill reported, from the joint commitURIAN TRACY, from Connecticut.

tee, that they had waited on the President of the BENJAMIN HOWLAND, from Rhode Island.

United States, agreeably to the resolution of this Stephen R. Bradley and ISRAEL Smith, from had'informed the committee that he would make

day, and that the President of the United States Vermont.

a communication to the two Houses to-morrow, SAMUEL L. Mirchill, from New York.

at twelve o'clock. John Condit and Aaron KITCHEL, from New Jersey.

Resolved, That each Senator be supplied, durGeorge Logan and Samuel MacLAY, from ing the present session, with three such newspaPennsylvania.

pers, printed in any of the States, as he may Samuel White, from Delaware.

choose; provided that the same be furnished at David STONE, from North Carolina.

the usual rate for the annual charge of such paJohn GAILLARD, from South Carolina.

pers: and provided, also, that, if any Senator ABRAHAM Baldwin, from Georgia.

shall choose to take any newspapers, other than THOMAS WORTHINGʻron, from Ohio.

daily papers, he shall be supplied with as many William B. Giles, appointed a Senator by the such papers as shall not exceed the price of three Legislature of the Commonwealth of Virginia, daily papers. for the term of six years, from and after the 4tk Resolved, That two Chaplains, of different deday of March last, produced his credentials, which nominations, be appointed to Congress during the were read; and, the oath prescribed by law hav- present session, one by each House, who shall ining been administered to him, he took his seat in terchange weekly. the Senate.

Ordered, That the Secretary desire the concurA message from the House of Representatives rence of the House of Representatives in this resinformed the Senate that a quorum of the House olution. is assembled, and are ready to proceed to busi- The PRESIDENT communicated a memorial, ness.

signed James Henry, foreman of a grand jury of Ordered, That the Secretary notify the House the Territory of Michigan, against certain proof Representatives that a quorum of the Senate visions of a bill, under consideration during the is assembled, and ready to proceed to business. last session, to amend an act, entitled "An act to

A message from the House of Representatives divide the Indiana Territory into two separate informed the Senate that the House have appoint- goveroments, and for other purposes ;” and the ed a joint committee, on their part, with such memorial was read, and ordered to lie on the committee as the Senate may appoint, to wait on 1 table.

SENATE.

President's Annual Message.

DECEMBER, 1806.

Tuesday, December 2.

part of the Union, and must strengthen the general deSamuel Smith, from the State of Maryland, termination to protect them efficaciously under all cirand BUCKNER THRUSTON, from the State of Ken-cumstances which may occur.

Having received information that, in another part of tucky, attended. Resolved, That James Mathers, Sergeant-at- als were combining together, arming and organizing

the United States, a great number of private individuArms and Doorkeeper to the Senate, be, and themselves contrary to law, to carry on a military ex. he is hereby authorized to employ one assistant pedition against the territories of Spain, I thought it and two horses, for the purpose of performing necessary, by proclamation, as well as by special orsuch services as are usually required by the Door- ders, to take measures for preventing and suppressing keeper to the Senate; and that the sum of twen- this enterprise, for seizing the vessels, arms, and other ty-eight dollars be allowed him weekly for that means provided for it, and for arresting and bringing purpose, to commence with, and remain during to justice its authors and abettors. It was due to that the session, and for twenty days after.

good faith which ought ever to be the rule of action in

public as well as in private transactions, it was due to ANNUAL MESSAGE.

good order and regular government that, while the pubThe following Message was received from the lic force was acting strictly on the defensive, and merePRESIDENT OF THE UNITED STATES:

ly to protect our citizens from aggression, the criminal To the Senate and House of

attempts of private individuals to decide, for their coun

try, the question of peace or war, by commencing acRepresentatives of the United States :

tive aad unauthorized hostilities, should be promptly It would have given me, fellow-citizens, great satis- and efficaciously suppressed. faction to announce, in the moment of your meeting, Whether it will be necessary to enlarge our regular that the difficulties in our foreign relations, existing at force will depend on the result of our negotiations with the time of your last separation, had been amicably and Spain ; but, as it is uncertain when that result will be justly terminated. I lost no time in taking those mea- known, the provisional measures requisite for that, and sures which were most likely to bring them to such a to meet any pressure intervening in that quarter, will termination, by special missions, charged with such be a subject for your early consideration. powers and instructions as, in the event of failure, could The possession of both banks of the Mississippi releave no imputation on either our moderation or for- ducing to a single point the defence of that river, its bearance. The delays which have since taken place waters, and the country adjacent, it becomes highly in our negotiations with the British Government ap: necessary to provide, for that point a more adequate pear to have proceeded from causes which do not forbid security. Some position above its mouth, commanding the expectation that, during the course of the session, the passage of the river, should be rendered sufficiently I may be enabled to lay before you their final issue. strong to cover the armed vessels which may be staWhat will be that of the negotiations for settling our tioned there for defence; and, in conjunction with them, differences with Spain, nothing which had taken place to present an insuperable obstacle to any force attempt. at the date of the last despatches enables us to pro- ing to pass. The approaches to the city of New Or

On the western side of the Mississippi she leans, from the eastern quarter also, will require to be advanced in considerable force, and took post at the examined, and more effectually guarded. For the insettlement of Bayou Pierre, on the Red river. This ternal support of the country, the encouragement of a village was originally settled by France, was held by strong settlement on the western side of the Mississippi, her as long as she held Louisiana, and was delivered to within reach of New Orleans, will be worthy the conSpain only as a part of Louisiana. Being small, insu- sideration of the Legislature. lated, and distant, it was not observed, at the moment The gunboats authorized by an act of the last session of re-delivery to France and the United States, that she are so advanced that they will be ready for service in continued a guard of half a dozen men, which had been the ensuing Spring. Circumstances permitted us to stationed there. A proposition, however, having been allow the time necessary for their more solid conlately made by our Commander-in-Chief, to assume struction. As a much larger number will still be the Sabine river as a temporary line of separation be wanting to place our seaport towns and waters in that tween the troops of the two nations until the issue of state of defence to which we are competent, and they our negotiations shall be known, this has been referred entitled, a similar appropriation for a further provision by the Spanish commandant to his superior, and in the for them is recommended for the ensuing year. mean time he has withdrawn his force to the western A further appropriation will also be necessary for reside of the Sabine river. The correspondence on this pairing fortifications already established, and the erecsubject, now communicated, will exhibit more particu- tion of such other works as may have real effect in oblarly the present state of things in that quarter. structing the approach of an enemy to our seaport

The nature of that country requires indispensably towns, or their remaining before them. that an unusual proportion of the force employed there In a country whose Constitution is derived from the should be cavalry or mounted infantry, In order, there- will of the people, directly expressed by their free suffore, that the commanding officer might be enabled 10 frages, where the principal Executive functionaries, act with effect, I had authorized him to call on the Gov- and those of the Legislature, are renewed by them at ernors of Orleans and Mississippi for a corps of five short periods, where, under the character of jarors, they hundred volunteer cavalry. The temporary arrange exercise in person the greatest portion of the Judiciary ment he has proposed may perhaps render this unne- powers, where the laws are consequently so formed cessary. But I inform you, with great pleasure, of the and administered as to bear with equal weight and promptitude with which the inhabitants of those Terri- favor on all, restraining no man in the pursuits of hontories have tendered their services in defence of their est industry, and securing to every one the property country. It has done honor to themselves, entitled which that acquires, it would not be supposed that any them to the confidence of their fellow-citizens in every safeguards could be needed against insurrection, or en

nounce,

DECEMBER, 1806.

President's Annual Message.

SENATE.

terprise, on the public peace or authority. The laws, I congratulate you, fellow-citizens, on the approach however, aware that these should not be trusted to moral of the period at which you may interpose your authorrestraints only, have wisely provided punishment for ity, Constitutionally, to withdraw the citizens of the these crimes when committed. But would it not be United States from all further participation in those visalutary to give also the means of preventing their olations of human rights which have been so long concommission ? Where an enterprise is meditated by tinued on the unoffending inhabitants of Africa, and private individuals against a foreign nation in amity which the morality, the reputation, and the best interwith the United States, powers of prevention, to a cer- ests of our country, have long been eager to proscribe. tain extent, are given by the laws; would they not be as Although no law you may pass can take prohibitory reasonable and useful where the enterprise preparing effect till the day of the year one thousand eight hunis against the United States? While adverting to this dred and eight, yet the intervening period is not too branch of law it is proper to observe, that, in enter- long to prevent, by timely notice, expeditions which prises meditated against foreign nations, the ordinary cannot be completed before that day. process of binding to the observance of the peace and The receipts at the Treasury, during the year end. good behaviour, could it be extended to acts to be done ing on the 30th day of September last, have amounted out of the jurisdiction of the United States, would be to nearly fifteen millions of dollars, which have enabled effectual in some cases where the offender is able to us, after meeting the current demands, to pay two milkeep out of sight every indication of his purpose which lions seven hundred thousand dollars of the American could draw on him the exercise of the powers now given claims, in part of the price of Louisiana; to pay of the by law.

funded debt, upwards of three millions of principal, and The States on the coast of Barbary seem generally nearly four of interest; and, in addition, to reimburse, disposed at present to respect our peace and friendship: in the course of the present month, nearly two millions with Tunis alone some uncertainty remains. Persuaded of five and a half per cent. stock. These payments and that it is our intention to maintain our peace with them reimbursements of the funded debt, with those which on equal terms, or not at all, I propose to send, in due had been made in the four years and a half preceding, time, a reinforcement into the Mediterranean, unless will, at the present year, have extinguished upwards of previous information shall show it to be unnecessary; twenty-three millions of principal.

We continue to receive proofs of the growing attach- The duties composing the Mediterranean fund will ment of our Indian neighbors, and of their disposition cease, by law, at the end of the present session. Conto place all their interests under the patronage of the sidering, however, that they are levied chiefly on luxuUnited States. These dispositions are inspired by their ries, and that we have an impost on salt, a necessary confidence in our justice, and in the sincere concern of life, the free use of which otherwise is so important, we feel for their welfare. And as long as we discharge I recommend to your consideration the suppression of these high and honorable functions with the integrity the duties on salt, and the continuation of the Mediterand good faith which alone can entitle us to their con- ranean fund instead thereof, for a short time, after which tinuance, we may expect to reap the just reward in that also will become unnecessary for any purpose now their peace and friendship.

within contemplation. The expedition of Messrs. Lewis and Clarke, for ex- When both of these branches of revenue shall in this ploring the river Missouri, and the best communication way be relinquished, there will still, ere long, be an acfrom that to the Pacific ocean, has had all the success cumulation of moneys in the Treasury beyond the inwhich could have been expected. They have traced stalments of public debt which we are permitted by the Missouri nearly to its source, descended the Colum. contract to pay. They cannot, then, without a modifibia to the Pacific ocean, ascertained with accuracy the cation, assented to by the public creditors, be applied to geography of that interesting communication across the extinguishment of this debt, and the complete lib. our continent, learnt the character of the country, of its eration of our revenues, the most desirable of all ob. commerce, and inhabitants; and it is but justice to say, jects; nor, if our peace continues, will they be wantthat Messrs. Lewis and Clarke, and their brave com- ing for any other existing purpose. The question, panions, have, by this arduous service, deserved well therefore now comes forward: To what other objects of their country.

shall these surplusses be appropriated, and the whole The attempt to explore the Red river, under the di- surplus of impost, after the entire discharge of the pubrection of Mr. Freeman, though conducted with a zeal lic debt, and during those intervals when the purposes and prudence meeting entire approbation, has not been of war shall not call for them ? Shall we suppress the equally successful. After proceeding up it about six impost, and give that advantage to foreign over domeshundred miles, nearly as far as the French settlements tic manufactures ? On a few articles, of more general had extended, while the country was in their posses- and necessary use, the suppression, in due season, will sion, our geographers were obliged to return without doubtless be right, but the great mass of the articles on completing their work.

which impost is paid are foreign luxuries, purchased by Very useful additions have also been made to our those only who are rich enough to afford themselves knowledge of the Mississippi, by Lieutenant Pike, who the use of them. Their patriotism would certainly had ascended it to its source, and whose journal and prefer its continuance and application to the great purmap, giving the details of his journey, will shortly poses of the public education, roads, rivers, canals, and be ready for communication to both Áouses of Con- such other objects of public improvement as it may be gress. Those of Messrs. Lewis, Clarke, and Freeman, thought proper to add to the Constitutional enumerawill require further time to be digested and prepared. tion of federal powers. By these operations new chanThese important surveys, in addition to those before nels of communication will be opened between the possessed, furnish materials for commencing an accu. States; the lines of separation will disappear ; their rate map of the Mississippi and its western waters. interests will be identified and their Union cemented Some principal rivers, however, remain still to be ex- by new and indissoluble ties. Education is here placed plored, towards which the authorization of Congress, among the articles of public care, not that it would be by moderate appropriations, will be requisite.

proposed to take its ordinary branches out of the hands

SENATE.

President's Annual Message.

DECEMBER, 1806.

of private enterprise, which manages so much better liberations on the great national interests committed to all the concerns to which it is equal; but a public in- your charge. stitution can alone supply those sciences which, though

TH. JEFFERSON. rarely called for, are yet necessary to complete the cir- DECEMBER 2, 1806. cle, all the parts of which contribute to the improve

The Message and documents therein referred ment of the country, and some of them to its preserva- to were read, and ordered to lie for consideration, tion. The subject is now proposed for the considera- and three hundred copies thereof printed for the tion of Congress, because, if approved by the time the

use of the Senate. State Legislatures shall have deliberated on this extension of the federal trusts, and the laws shall be passed and other arrangements made for their execution, the

Wednesday, December 3. necessary funds will be on hand, and without employment. I suppose an amendment to the Constitution, DANIEL Smith, from the State of Tennessee, by consent of the States, necessary, because the objects attended. now recommended are not among those enumerated The following Message was received from the in the Constitution, and to which it permits the pub- PRESIDENT OF THE UNITED STATES: lic moneys to be applied.

To the Senate and House of The present consideration of a national establish

Representatives of the United States : ment, for education particularly, is rendered proper by I have the satisfaction to inform you that the negothis circumstance; also that, if Congress, approving tiation between the United States and the Government the proposition, shall yet think it more eligible to found of Great Britain is proceeding in a spirit of friendship it on a donation of lands, they have it now in their and accommodation, which promises a result of mutual power to endow it with those which will be among the advantage. Delays indeed have taken place, occa. earliest to produce the necessary income. This found. sioned by the long illness and subsequent death of the ation would have the advantage of being independent British Minister charged with that duty. But the on war, which may suspend other improvements, by Commissioners appointed by that Government to rerequiring for its own purposes the resources destined

sume the negotiation have shown every disposition to for them.

hasten its progress. It is, however, a work of time, This, fellow-citizens, is the state of the public inter as many arrangements are necessary to place our fuests at the present moment, and according to the infor- ture harmony on stable grounds. In the mean time, mation now possessed. But such is the situation of we find, by the communications of our Plenipotentiathe nations of Europe, and such, too, the predicament ries, that a temporary suspension of the act of the last in which we stand with some of them, that we cannot session prohibiting certain importations, would, as a rely with certainty on the present aspect of our affairs, mark of candid disposition on our part, and of confithat may change from moment to moment during the dence in the temper and views with which they have course of your session, or after you shall have separa- | been met, have a happy effect on its course. ted. Our duty is therefore to act upon things as they so friendly will afford further evidence that all our proare, and to make a reasonable provision for whatever ceedings have flowed from views of justice and concilthey may be. Were armies to be raised whenever a iation, and that we give them willingly that form which speck of war is visible in our horizon, we never should may best meet corresponding dispositions. have been without them. Our resources would have Add to this that the same motives which produced been exhausted on dangers which have never hap- the postponement of the act till the fifteenth of Novempened, instead of being reserved for what is really to ber last, are in favor of its further suspension; and, as take place. A steady, perhaps a quickened, pace in we have reason to hope that it may soon yield to arpreparations for the defence of our seaport towns and rangements of mutual consent and convenience, juswaters, an early settlement of the most exposed and tice seems to require that the same measure may be vulnerable parts of our country, a militia so organized, dealt out to thg few cases which may fall within its that its effective portions can be called to any point in short course, as to all others preceding and following it. the Union, or volunteers instead of them, to serve a suffi- I cannot, therefore, but rucommend the suspension of cient time, are means which may always be ready, yet this act for a reasonable time, on considerations of jusnever preying on our resources until actually called tice, amity, and the public interests. into use. They will maintain the public interests while

TH. JEFFERSON. a more permanent force shall be in course of prepara- DECEMBER 3, 1806. tion. But much will depend on the promptitude with which these means can be brought into activity. If

The Message was read, and ordered to lie for

consideration. war be forced upon us, in spite of our long and vain appeal to the justice of nations, rapid and vigorous informed the Senate, that the House concur in

A message from the House of Representatives movements in its outset will go far towards securing us in its course and issue, and towards throwing its the resolution, sent from the Senate, for the apburdens on those who render necessary the resort from pointment of Chaplains to Congress during the reason to force.

present session. The result of our negotiations, or such incidents in

The Senate proceeded to the election of a Chaptheir course as may enable us to infer their probable lain, on their part

, in pursuance of the resolution issue; such further movements, also, on our western of the two Houses; and the whole number of frontiers as may show whether war is to be pressed votes collected was 18; of which the Rev. Mr. there while negotiation is protracted elsewhere, shall SayRs had twelve, and was accordingly elected. be communicated to you from time to time, as ney

Mr. BRADLEY gave notice that he would, on become known to me; with whatever other informa- Mooday next, ask leave to bring in a bill to protion I possess, or may receive, which may aid your de-hibit the importation of slaves into any port or

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