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PROCEEDINGS AND DEBATES

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE TENTH CONGRESS, BEGUN AT THE CITY OF

WASHINGTON, MONDAY, OCTOBER 26, 1807.

A PROCLAMATION

Samuel Smith and Philip Reed, from Mary

land. By the President of the United States of America.

James TURNER, from North Carolina. Whereas great and weighty matters claiming the consideration of the Congress of the United States

Thomas Sumter, from South Carolina. form an extraordinary occasion for convening them, I

John Milledge, from Georgia. do by these presents appoint Monday the twenty-sixth

BUCKNER THRuston, from Kentucky. day of October next for their meeting at the City of

JOSEPH ANDERSON and DaniEL SMITH, fronu Washington; hereby requiring the respective Sena

Tennessee. tors and Representatives then and there to assemble JESSE FRANKLIN, appointed a Senator by the in Congress, in order to receive such communications Legislature of the State of North Carolina, for as may then be made to them, and to consult and de- the term of six years, commencing on the fourth termine on such measures as in their wisdom may be day of March last; GEORGE Jones, appointed a deemed meet for the welfare of the United States. Senator by the Executive of the State of Georgia,

In testimony whereof, I have caused the seal of the to fill the vacancy occasioned by the death of United States to be hereunto affixed, and signed the ABRAHAM Baldwin; Nahum PARKER, appointed same with my hand.

a Senator by the Legislature of the State of New Done at the City of Washington, the thirtieth day Hampshire, for the term of six years, commencing

of July, in the year of our Lord one thousand on the fourth day of March last; Jonathan Rob

eight hundred and seven, and in the thirty. Inson, appointed a Senator by the Legislature of [L. s.] second year

of the Independence of the Uni- the State of Vermont, to supply the place of ted States.

ISRAEL Smith, whose seat has become vacant ;

TH. JEFFERSON. By the President:

and EDWARD Tiffin, appointed a Senator by the James Madison, Secretary of State.

Legislature of the State of Ohio, for the term of six years, commencing on the fourth day of March

last, respectively took their seals, and produced Monday, October 26, 1807.

their credentials, which were read; and the oath Conformably to the above Proclamation of the prescribed by law was administered to them. President of the United States, of the 30th July John Pope, appointed a Senator by the State last, the First Session of the Tenth Congress of Kentucky, for the term of six years, commenccommenced this day, at the City of Washington, ing on the fourth of March last, stated that the and the Senate assembled, in their Chamber, in Governor and Secretary being absent when he the Capitol.

left home, he came to the seat of Government without his credentials ; but that he expected

they would be speedily forwarded to him: whereGeorge Clinton, Vice President of the United upon, he took his seat in the Senate, and the oath States, and President of the Senate.

was administered to him as the law prescribes. Nicholas Gilman, from New Hampshire. The oath was also administered to Messrs. BRAD

John Quincy Adams and TimoTHY PICKER- LEY, GREGG, MILLEDGE, and Reed, their credenING, from Massachusetts.

tials having been read and filed during the last BENJAMIN HOWLAND, from Rhode Island. session. STEPHEN R. Bradley, from Vermont.

Ordered, That the Secretary acquaint the SAMUEL L. Mirchill, from New York. House of Representatives that a quorum of the

John Condit and Aaron Kitchel, from New Senate is assembled, and ready to proceed to Jersey.

business. Samuel Maclay and ANDREW Gregg, from Ordered, That Messrs. ANDERSON and BRAD Pennsylvania.

LEY be a committee on the part of the Senate, toSamuel White, from Delaware.

gether with such committee as the House of Rep281953

PRESENT :

SENATE.
British Aggressions.

OCTOBER, 1807. resentatives may appoint on their part, to wait on yesterday, and that the President informed the the President of ihe United States, and notify committee that he would make a communication him that a quorum of the two Houses is assem- to the two Houses this day, at 12 o'clock. bled, and ready to receive any communications The President communicated the petition of that he may be pleased to make to them.

Samuel Biddle and others, American citizens, On motion, it was

impressed on board His Britannic Majesty's ship Resolved, That each Senator be supplied, dur-Wolverine; and the petition was read. ing the present session, with three such newspa- Ordered, That it be communicated to the pers, printed in any of the States, as he may House of Representatives. choose; provided that the same be furnished at

BRITISH AGGRESSIONS. the usual rate for the annual charge of such papers; and provided, also, that if any Senátor shall

The PRESIDENT also communicated the declachoose to take any newspapers, other than daily ration of the American citizens on the Mobile, papers, he shall be supplied with as many such with relation to British aggressions ; which was papers as shall not exceed the price of three daily read, and ordered to lie on the table.

It is as follows: papers. On motion, it was

At a meeting of the inhabitants of Washington Resolved, That James Mathers, Sergeant-at- county, Mississippi Territory, at the court-house in the Arms and Doorkeeper to the Senate, be, and he town of Wakefield, on the 8th of September, 1807, in is hereby, authorized to employ one Assistant and consequence of the attack by the British ship-of-war two horses

, for the purpose of performing such Leopard on the United States' frigate Chesapeake, the services as are usually required by the Door- following declaration of the sentiments of the meeting keeper to the Senate; and that the sum of twenty

was unanimously adopted : eight dollars be allowed him, weekly, for that United States, and unconnected with every other body

Situated in a remote corner of the territory of the purpose, to commence with, and remain during of American citizens, the people inhabiting the counche session, and for twenty days after.

try lying on the waters of the Mobile have at length On motion, it was

heard of the outrage which has been committed on our Resolved, That two Chaplains, of different de- national rights by the arrogant representatives of Britnominations, be appointed to Congress during the ish despotism. We think and feel on the occasion as present session, one by each house, who shall in- every American thinks and feels. We despise the terchange weekly.

bully and the coward who, as Captain of the Leopard, Ordered, That the Secretary desire the con- was the instrument of exhibiting the enormous extent currence of the House of Representatives in this of the claims of the pretended mistress of the ocean. resolution.

But our attention is in an instant drawn from him to A motion was submitted, by Mr. ANDERSON, ourselves and our own situation. Is national indefor consideration, as follows:

pendence a dream ? Shall Great Britain or any other Resolved, That a committee be appointed to take nation, come at pleasure into our territory, and lay into consideration the expediency of authorizing the hold of whomsoever she pleases, under the pretence State of Tennessee to reduce the price of certain lands that this man is her subject, and that man is in her which were ceded to the said state by the United employ; that here there is a felon, and there a deStates, by an act, entitled “An act authorizing the serter ? Our national ships are our territory, in whatState of Tennessee to issue grants and perfect titles to

ever quarter of the world they are found ; much more certain lands therein described, and to settle the claims so, then, when within our own acknowledged limits to vacant and unappropriated lands within the same, that were demanded from the Chesapeake; we care

and jurisdiction. We care not who the men were to such price as the Legislature of said State may, in their judgment, deem expedient; and that the commit- claimed allegiance

from them. Had they fled from

not whence they came, where they were born, nor who tee have leave to report by bill or otherwise.

A message from the House of Representatives Europe stained with blood, no foreign force had a right informed the Senate that a quorum of the House to invade our territory ; no foreign officer, civil or miliof Representatives is assembled, and have elected limits, or to transport the supposed offender to the pre

tary, had a right to exercise his functions within our JOSEPH B. VARNUM, one of the Representatives cincts of a distant tribunal. for Massachusetts, their Speaker, and are ready If there be a mutual convention between two na10 proceed to business. They have appointed a tions reciprocally to deliver up felons, it is well; but no committee on their part, jointly, with the com- one nation has a right to force another into such a mittee appointed on the part of the Senate, to stipulation. And shall the plea, not of a treason, not wait on the President of the United States, and of a murder, not of a felony having been committed, potify him that a quorum of the two Houses is but the mere plea of desertion from a service, the tyassembled, and ready to receive any communica- ranny and enormities of which are now arming the tions that he may be pleased to make to them. whole civilized world against it-shall such a plea be

The Senate adjourned to 11 o'clock to-morrow ground sufficient for us to stifle our jealousy of namorning.

tional rights, or to surrender our claims to perfect and

unqualified independence ? Tuesday, October 27.

England may count upon our divisions. She is

mistaken. The violence of her conduct has united all Mr. ANDERSON reported, from the joint com- America. We judge not only from what we hear, but mittee, that they had waited on the President of from what we see among ourselves. Our own settlethe United States, agreeably to the resolution of ment originally consisted, and still in a great degree

OCTOBER, 1807.

President's Annual Message.

SENATE.

consists, of those who adhered to England in the Re- ourselves as an advanced guard, destined to defend the volutionary war. They were led by principle; their immense tract of valuable territory which lies between elders taught them that resistance was sinful; and the settlements on the Mobile and the State of Tenthey imbibed from their infancy a deep veneration for nessee. We may perish at our posts, but we shall not their King. But the delusion lasts no longer. We slumber there. have since seen that King engaged in almost incessant We have likewise suffered multiplied injuries, inwars on the liberty and happiness of man; whilst the ficted upon us in a regular system by the agents of Government which has succeeded his in America has the Spanish Government. But if we have ever thought preserved us in peace with all the world, and been pre- ourselves neglected, such thoughts, at the present moeminently occupied in promoting our national pros- mentous crisis in our national affairs, shall no longer perity. Old factions are forgotten; we all view with find a harbor in our breasts. If, when we have been the same sensibility any outrage on the honor of our the objects of incessant oppression from the officers of common country; and old Whigs and old Tories will His Catholic Majesty, for a series of years ; if, when cordially unite in devoting their lives and fortunes to the produce of our lands, before it could reach a maravenge the wounded dignity of America against the ket in even our own territories, has been subjected to a insults and oppressions of any Government upon earth. duty of twelve per centum ad valorem to a foreign What may be the immediate issue of an appeal to arms monarch; if, when we have been constantly the sport we know not. That knowledge is confined to the of vexatious searches and arbitrary seizures; if, when Lord of Hosts; and on him, trusting to the justice of we have been compelled to pay twelve per centum to our cause, we rely with humble confidence.

the King of Spain on everything which we have imBut, though the operations and events of war are ported, even from the next town within the American always uncertain, we can calculate with some confi- limits; if when, through the joint operation of revenue dence that a five years' state of non-intercourse with systems of Spain and the United States, we have freGreat Britain will establish the manufactures of Amer- quently been obliged to pay from forty-two to fortyica on a foundation which no return of peace will ever seven per centum ad valorem on the price, when first shake. It will render us forever after in a high degree imported into the United States, of the most essential independent of the British manufactures of wool, and articles for family comfort ; if, when suffering, not yesstill more so of those of cotton. Our planters, too, will terday or to-day only, but every day and every year, hereafter find their market at home; and the British for a length of time, this series of oppressions, without navy, if Britain and her navy should continue to exist, hearing one clear and decided expression of national will at length find that her tyranny on the ocean has indignation, we have sometimes, in the spirit of desgiven commercial independence to those confederated pondency, been ready to fear that we never should be States which British tyranny on the land first led to thought worthy of enjoying the rights and protection political independence.

of American citizens, the moment has now arrived Had we not been told that in the United States the when we feel ourselves called upon to discard our perpeople are divided into parties, some of whom are viru-sonal jealousies; the moment has now arrived when lent opposers of the system and measures of the present we shall cease any longer to regard our local grievances, Federal Administration, we should not have deemed it till those of the nation are redressed. We will give to necessary on this occasion to express our full confi- the Spaniard his twelve per centum; we will continue dence in the wisdom and patriotism of those to whose to pay a double price for the commodities of Europe ; executive management our national affairs are en- we will again, if need be, pay sixteen dollars per bartrusted. As to ourselves, we have neither seen nor rel for the flour of Kentucky, whilst our neighbors at have we looked for the splendor and pageantry of a the Natchez, unencumbered by the Spanish obstacles, monarchy, overstraining the sinews of national strength are paying only four; we will view these things light and industry to support large mercenary armies and as compared with a deliberate, and authorized, and unwieldy navies; but we have thought that we have systematic violation of our territory by a foreign Power. seen the genuine product of republican institutions—a We will devote ourselves to our country at large, and love of peace, a high regard for the ease and happiness from this moment cease to seek any other object than of the people, a vigilant attention to public expendi- permanency to national existence, and reality to natures, and a strong anxiety to promote internal im- tional independence. provements. War will, indeed, open a new theatre The charter of that independence was drawn up in for the talents of our rulers; but we have a strong con- 1776; it was ratified by the peace of 1783; but it still fidence that that intellectual and moral pre-eminence cries out for the blood of American citizens to seal it which, amidst the convulsions of the world, has been and to give it practical validity. Our blood shall be so conspicuous in peace, will not become extinct on mingled with that of other Americans in offering the the instant of the appearance of war.

solemn sacrifice. As to ourselves and our own local concerns, it is

Resolved, unanimously, That the chairman of this true we have sometimes feared that we were over

meeting forward to the President of the United States looked in the council of the nation. Our population

a copy of this declaration, and that be give it such other is small; we are surrounded, except on the Spanish circulation as he may deem necessary. side, by the most powerful tribes of Indians existing PRESIDENT'S ANNUAL MESSAGE. within the original limits of the United States. The want of land cuts off from us the prospect of having PRESIDENT OF THE UNITED STATES:

The following Message was received from the our strength increased. We had hoped that a treaty To the Senate and House of entered into with the Choctaws, which, by making a valuable addition to our land, would have invited popu- Representatives of the United States : lation, and placed us in a state of greater security and Circumstances, fellow-citizens, which seriously respectability, would have been ratified. But we have threatened the peace of our country, have made it a been disappointed. Yet, few as we are, we consider duty to convene you at an earlier period than usual. SENATE.

President's Annual Message.

OCTOBER, 1807.

The love of peace, so much cherished in the bosoms of the part of the British commanders, by remaining our citizens, which has so long guided the proceedings within our waters in defiance of the authority of the of their public councils, and induced forbearance un- country, by habitual violations of its jurisdiction, and, der so many wrongs, may not insure our continuance at length, by putting to death one of the persons whom in the quiet pursuits of industry. The many injuries they had forcibly taken from on board the Chesapeake. and depredations committed on our commerce and nav. These aggravations necessarily lead to the policy either igation upon the high seas for years past, the succes- of never admitting an armed vessel into our harbors, sive innovations on those principles of public law which or of maintaining in every harbor such an armed force have been established by the reason and usage of na- as may constrain obedience to the laws, and protect the tions as the rule of their intercourse, and the umpire lives and property of our citizens against their armed and security of their rights and peace, and all the cir- guests. But the expense of such a standing force, and cumstances which induced the extraordinary mission its inconsistence with our principles, dispense with to London, are already known to you. The instruc- those courtesies which would necessarily call for it, and tions given to our Ministers were framed in the sin- leave us equally free to exclude the navy as we are cerest spirit of amity and moderation. They accord the army of a foreign Power from entering our limits. ingly proceeded, in conformity therewith, to propose To former violations of maritime rights another is arrangements which might embrace and settle all the now added of very extensive effect. The Government points in difference between us, which might bring of that nation has issued an order interdicting all trade us to a mutual understanding on our neutral and na- by neutrals between ports not in amity with them. tional rights, and provide for a commercial intercourse And being now at war with nearly every nation on the on conditions of some equality. After long and fruit. Atlantic and Mediterranean seas, our vessels are reless endeavors to effect the purposes of their mission, quired to sacrifice their cargoes at the first port they and to obtain arrangements within the limits of their touch, or to return home without the benefit of going instructions, they concluded to sign such as could be to any other market. Under this new law of the obtained, and to send them for consideration, candidly ocean, our trade on the Mediterranean has been swept declaring to their other negotiators at the same time away by seizures and condemnations, and that in other that they were acting against their instructions, and seas is threatened with the same fate. that their Government therefore could not be pledged Our differences with Spain remain still unsettled; no for ratification. Some of the articles proposed might measure having been taken on her part, since my last have been admitted on a principle of compromise, but communication to Congress, to bring them to a close. others were too highly disadvantageous; and no suffi. But under a state of things which may favor reconsidcient provision was made against the principal source ; eration, they have been recently pressed, and an exof the irritations and collisions which were constantly pectation is entertained that they may now soon be endangering the peace of the two nations. The ques- brought to an issue of some sort. With their subjects tion, therefore, whether a treaty should be accepted in on our borders no new collisions have taken place nor that form could have admitted but of one decision, even seem immediately to be apprehended. To our former had no declarations of the other party impaired our grounds of complaint has been added a very serious confidence in it. Still anxious not to close the door one, as you will see by the decree, a copy of which is against friendly adjustment, new modifications were now communicated. Whether this decree, which proframed, and further concessions authorized than could fesses to be conformable to that of the French Governbefore have been supposed necessary; and our Minis- ment of November 21, 1806, heretofore communicated ters were instructed to resume their negotiations on to Congress, will also be conformed to that in its conthese grounds. On this new reference to amicable dis- struction and application in relation to the United cussion we were reposing in confidence, when, on the States, had not been ascertained at the date of our last 220 day of June last, by a formal order from a British communications. These, however, gave reason to ex. Admiral, the frigate Chesapeake, leaving her port for pect such a conformity. a distant service, was attacked by one of those vessels With the other nations of Europe our harmony has which had been lying in our harbors under the indul- been uninterrupted, and commerce and friendly intergences of hospitality, was disabled from procecding, had course have been maintained on their usual footing. several of her crew killed, and four taken away. On Our peace with the several States on the coast of this outrage no commentaries are necessary. Its char- Barbary appears as firm as at any former period, and acter has been pronounced by the indignant voice of as likely to continue as that of any other nation. our citizens with an emphasis and unanimity never Among our Indian neighbors in the Northwestern exceeded. I immediately, by proclamation, interdicted quarter, some fermentation was observed soon after the our harbors and waters to all British armed vessels, late occurrences, threatening the continuance of our forbade intercourse with them; and, uncertain how far peace. Messages were said to be interchanged, and hostilities were intended, and the town of Norfolk, in- tokens to be passing, which usually denote a state of deed, being threatened with immediate attack, a suffi- restlessness among them, and the character of the agicient force was ordered for the protection of that place, tators pointed to the sources of excitement. Measures and such other preparations commenced and pursued were immediately taken for providing against that danas the prospect rendered proper. An armed vessel of ger; instructions were given to require explanations, the United States was despatched with instructions to and, with assurances of our continued friendship, to our Ministers at London to call on that Government admonish the tribes to remain quiet at home, taking no for the satisfaction and security required by the out- part in quarrels not belonging to them. As far as we rage. A very short interval ought now to bring the are yet informed, the tribes in our vicinity, who are answer, which shall be communicated to you as soon most advanced in the pursuits of industry, are sincerely as received; then, also, or as soon after as the public disposed to adhere to their friendship with us, and to interests shall be found to admit, the unratified treaty and their peace with all others. While those more remote proceedings relative to it, shall be made known to you. do not present appearances sufficiently quiet to justify

The aggression thus begun has been continued on the intermission of military precaution on our part.

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