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yet it seems to be the general opinion, even in those States, that they are an evil from which they cannot extricate themselves. As to the interest of the Territory, a variety of opinions exist; but suffer your memorialists to state, that it is a fact that a great number of citizens, in various parts of the United States, are preparing, and many have actually emigrated to this Territory, to get free from a Government which does tolerate slavery. The toleration of slavery is either right or wrong; and if Congress should think, with us, that it is wrong, that it is inconsistent with the principles upon which our future constitution is to be formed, your memorialists will rest satisfied that at least this subject will not be by them taken up until the constitutional number of the citizens of this Territory shall assume that right. It is considered useless for your memorialists to recapitulate the many reasons and objections which might be advanced, relying that this subject is fully and fairly understood by your honorable body, as it relates to the natural right, policy, and prosperity of a free and independent nation.

NOVEMBER, 1807.

with rumor and resting on the credibility of private communication, had, however, altered his mind upon the business. The invasion of Zealand, the capitulation of Copenhagen, and the capture of the Danish fleet, were events of the utmost moment to neutral Powers, and taught them that the greatest moderation, prudence, and forbearance, were of no avail in guarding a mild, an unoffending, and peaceful people, against the violence of its rapacious and stronger neighbor. A visitation of a similar nature might, in the course of things, be expected from the same quarter, and the fairest of our commercial cities might be wrapt in flames or battered to ruins.

Year after year had rolled away in fruitless negotiation. He doubted whether, in the present posture of affairs, there would be any satisfactory adjustment of the points in dispute. It did not indeed follow that the failure to effect a treaty would necessarily bring on a war. But the dominion of the ocean was so proudly usurped by Resolved, That the Chairman be requested to for- Britain, and the usurpation maintained by such a ward duplicate copies of these proceedings, (signed by prodigious naval force, that it would be calculatthe said Chairman, and countersigned by the Secreta-ing extravagantly upon our good fortune to exry,) one to the Vice President of the United States, or President of the Senate pro tem., and one to the Speaker of the House of Representatives in the Con

On motion,

gress of the United States.

By order of the meeting:

Attest:

JOHN BEGGS, Chairman.

DAVIS FLOYD, Secretary.

MONDAY, November 16.

Mr. ANDERSON, from the committee to whom was referred the bill, entitled "An act making further appropriations for the support of the Navy of the United States during the year 1807, reported certain documents, and the bill without amend

ment.

Ordered, That they lie for consideration. Mr. GREGG presented the petition of William Lewis and Hugh Maxwell, stating that they have on hand a number of the Journals of Congress, under the Confederation, of Folwell's edition, which they will dispose of for the use of Congress, at the price heretofore stipulated by Government; and the petition was read, and referred to Messrs. GREGG, HOWLAND, and BRADLEY, to consider and report thereon.

NATIONAL DEFENCE.

Mr. MITCHILL rose to call the attention of the Senate to a motion he had made at the commencement of the session, relative to additional means of defence, and further measures of security to the seaports and harbors of the nation. This important subject had been introduced by him at an early day. It had been printed and laid upon the table for consideration, and it was his original intention to have suffered it to lie there until the official intelligence alluded to in the Message of the President should arrive from Great Britain.

Recent and alarming information, which had reached the seat of Government since the rising of the Senate on Friday last, though tinctured

them: and in an age of the world, when it was pect that our rights would not be invaded by fashionable for ruling statesmen to sweep away, like cobwebs, abstract principles of right and written maxims of public law, it was surely a season when the weaker Powers ought to employ every precaution for their safety.

It was not his intention to recommend the construction of a Navy, carrying metal enough to dispute the empire of the high seas. His only object was to provide a force sufficient to protect our acknowledged territory, and to preserve peace within our seaports and harbors. During the intervals of peace, it was the duty of wise statesmen to prepare for war. Although the United States had been in the enjoyment of that blessing, with little interruption, for more than twenty years, there had been too little done to guard against those evils which, in the common course of events, it was scarcely possible to avoid. But although threatened with hostility from various quarters, the nation, on the whole, enjoyed a good share of tranquillity. There was yet time to prepare for the political tempest which would probably succeed the claim we had long experienced. The Treasury was in a condition to furnish the necessary sums, without imposing a cent of tax upon ourselves. And with time and money at our disposal, he conceived it to be a duty of the most imperative obligation that Congress should now retrieve, by more than ordinary exertions, the carelessness and neglect of preceding sessions.

During the last meeting of the National Legislature, indeed, a decent appropriation was made for the repair and erection of defensive works where they should appear to be most wanted. But how inadequate was this provision! Exigencies had arisen during the recess, which had obliged the President to contract debts on the national account to almost three-fourths of a million of dollars. And the bill on your table, Mr. President, has been brought in to make good this antici

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pated fund. Had Congress made more ample arrangements for the general safety, had they taken effectual measures of defence at an earlier day, or bad they made the legal provision for purchasing the stores and implements which the general welfare requires, the Executive would not have been compelled to take the step which he has done, of pledging the national faith for a large amount of unappropriated money. But the Secretary of the Navy has acted wisely as well as boldly on this emergency; and the only sentiment to be uttered on the occasion is, that in consideration of the reluctance manifested by Congress to adopt an effectual system, and of the pressure of the existing circumstances, it was greatly to be lamented he had not anticipated three times as much.

Yet, even after all this expenditure, the Atlantic coast was certainly not protected as became a nation professing the feelings of bravery and honor, and boasting annually of its great and accumulating wealth. The vexations, captures, seizures, and murders, committed by the subjects of foreign sovereigns within the United States, were encouraged by their total impunity. And a sheet of paper containing a proclamation was read by them with little other concern than they perused anything else in print. Mr. M. said he was entirely persuaded that something more might be done, and ought to be done, to enforce respect to our laws within our undisputed limits, and at any rate he was convinced of the propriety of making a strong experiment for the purpose.

Mr. M. then took a survey of the coast from North to South, and asking whether it was not expedient to do something more for the security of the capital, and other numerous ports of Massachusetts? Did the capacious but defenceless harbor of Newport deserve to be left in its present condition? As to New York, which might be called the heart of the Union, it would be unkind and unnatural if he did not experience the keenest sensibility for its safety. Considerable indeed had been done towards its defence out of the appropriation for the year and out of the Executive anticipation. Of this, he thought it becoming in him to make a public acknowledgment. But much more remained still to be accomplished; and this would require the aid of additional appropriations. The harbor of New York and the entrance of the Chesapeake were the favorite places of rendezvous to piratical and hostile fleets. They were peculiarly exposed to their aggressions and insults; and were worthy of more powerful protection than had hitherto been extended to them. In coupling Norfolk with the city near the Hudson, he meant to express, from the openness of their ports, and their contiguity to the ocean, the equal claim they had, especially after the recent transactions in their respective neighborhoods, not to the favoritism or partiality, but to the equal justice and to the protecting arm of the nation. Though North Carolina might be considered as safe behind her shoals and beaches, it was far otherwise with her sister State on the south. For Charleston presented itself to his eye as requiring

SENATE.

further succor from Government. The same remark applied to Georgia. For the works at Savannah had not recovered from the ruinous state to which they were reduced by the storm of 1804; and St. Mary's, now that the African slave trade was prohibited, would deserve further reparation, as well for the purpose of excluding the ships of enemies as of those who make merchandise of men.

Tracing the shore along to the mouths of the Mississippi, he beheld a weak and vulnerable point at Orleans; and whether that region was considered as the seat of domestic feuds, or the mark of foreign aggressions, it undoubtedly required a more stable and energetic support.

Although his proposition had a peculiar reference to the Atlantic boundary where our territory lay contiguous to the pretended domain of the British as lords of the seas, he did not wish to be understood as confining his ideas of protection to that quarter of the Union. He felt that as a statesman and Senator all and every part of the nation was entitled to the protecting care of the Government; and the States of the West and the North were as proper objects of its care and defence as those of the East and the South. If any gentleman would propose a plan for increasing the security of the inland frontier, where danger was to he apprehended from the savages and their European connexion, he would give it his hearty aid and co-operation. Whether the post near Natchez or at Natchitoches, the Chickasaw Bluffs or Massac, St. Louis or Miami, Detroit or Michilimackinac, stood in need of repairs or reinforcements, he was ready to vote the necessary appropriations. The warlike and murderous Sioux were actually at war with us on the Missouri; and a state of commotion scarcely less than a war had long existed in Michigan. Whatever was necessary for teaching Indians to dread our displeasure, and for bending the stubborn will of insurgents to the yoke of the laws, should receive from him all the countenance he could give. To Vermont, and the whole country bordering on Canada, he would vote ordnance and arms.

To some persons the posture of our affairs might appear less serious than they did to him. He was no alarmist; but the prostration of our commerce, the murder of our citizens, the violation of our sovereignty, and the postponement of reparation, were, each of them, solemn matters. They demanded something more than that passive and forbearing temper, of which our nation had given proofs almost without a parallel. There was a period of extreme endurance; and that period was now come. The people who enjoyed liberty held it upon this express condition, that they should maintain it against all who should attempt to wrest it from them or encroach upon it.

To spend our breath in inquiries whether a King in Europe is mad or in his senses, is as idle as the prating of the Athenians whether Philip of Macedon was sick or was dead. While they were talking about it, their independence was destroyed. Let us be active, and neither be surprised in our

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sleep, nor in a reverie that is no better than slumber. But on a theme so copious, sir, it would be easy to expatiate at great length. The only difficulty I feel is in condensing my remarks. For moderate as my eloquence is, it would not be difficult for any one, possessing powers of speech smaller even than mine, to discourse to you for hours.

Mr. ROBINSON advocated the motion in warm and decided terms; when the question was put and carried, nem. con.-that the part of the President's Message which relates to the defence of our seaport towns and harbors, and the further provisions to be made for their security, be referred to a select committee, with leave to report by bill or otherwise; and a committee was accordingly ap pointed, consisting of Messrs. MITCHILL, ADAMS, SUMTER, MILLEDGE, and ROBINSON.

On motion, the Senate adjourned.

TUESDAY, November 17.

The PRESIDENT communicated a letter from JAMES FENNER, stating the resignation of his seat in the Senate.

The Senate took into consideration the report of the committee to whom was referred, on the 7th instant, the resolutions of the Legislative Council and House of Representatives of the Indiana Territory, on the propriety of suspending the 6th article of compact contained in the ordinance for the government of the Northwestern Territory, and agreed thereto; and,

Resolved, That it is not expedient, at this time, to suspend the 6th article of compact for the government of the Territory of the United States Northwest of the river Ohio.

On motion, it was

Ordered, That the Secretary transmit the following papers, to be filed in the office of the Secretary of State:

An authenticated copy of the cession of North Carolina of certain Western Territory to the United States:

An act of cession by the State of Delaware to the United States of a light-house and piers, and A deed of cession of the same:

An act of cession of the State of Georgia to the United States of the light-house on Tybee Island:

A deed of cession by the State of Georgia to the United States of a light-house on Tybee Island: also,

A deed of cession by the State of Connecticut to the United States of certain territory called the "Western Reserve of Connecticut."

The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act making further appropriations for the support of the Navy of the United States during the year 1807;" and the bill was reported to the House without amendment.

On the question, Shall this bill be read the third time? it passed in the affirmative.

Mr. TIFFIN submitted the following motion for consideration:

NOVEMBER, 1807.

"Resolved. That a committee be appointed to inquire whether any and what alterations are necessary to be made in the Act for establishing circuit courts, and abridging the jurisdiction of the district courts, in the districts of Kentucky, Tennessee, and Ohio;' with leave to report by bill or otherwise."

WEDNESDAY, November 18.

Mr MACLAY presented the memorial of Archibald M'Call, of the city of Philadelphia, stating he united with several of his fellow citizens in representing to Congress, at the last session, the general hardships to which they had been exposed by a rigorous enforcement of the ten days' limitathe benefit of drawback, and that he is debarred tion allowed for signing bonds, in order to secure the drawback on certain teas imported into the port of Philadelphia; and praying relief, for reasons stated at large in his memorial; which was read, and ordered to lie on the table.

The motion made yesterday by Mr. TIFFIN was considered and adopted; and

Ordered, That Messrs TIFFIN, ANDERSON, and POPE, be the committee.

The bill, entitled "An act making further appropriations for the support of the Navy of the United States during the years 1807," was read the third time, and passed.

THURSDAY, November 19.

The credentials of ELISHA MATHEWSON, appointed a Senator by the Legislature of the State of Rhode Island, in the place of JAMES FENNER, elected Governor, were read.

FRIDAY, November 20.

Mr. MATHEWSON, from the State of Rhode Islend, took his seat in the Senate, and the oath prescribed by law was administered to him.

Mr. MITCHILL, from the committee to whom was referred that part of the Message of the President of the United States which relates to the defence of the seaport towns and harbors of the United States, reported, in part, a letter from the Secretary of the Navy; also, a bill to appropropriate money for the construction of an additional number of gunboats; and the bill was read and ordered to a second reading.

The following is the letter and bill:

NAVY DEPARTMENT, Nov. 8, 1807. SIR: In answer to your letter of the 16th instant, in which you ask for such information in relation "to the defence of our seaport towns and harbors, and the further provision to be made for their security," as the state that in aid of the fixed fortifications, which will Navy Department may possess: I have the honor to be submitted by the Secretary of War, it is presumed that there will be required at the ports and harbors, mentioned below, the number of gunboats annexed to them respectively, viz:

At New Orleans, 16; Savannah, 8; St. Mary's, 4; Charleston, S. C., 10; Georgetown, do. 1; Wilmington, N. C., 3; Ocracock, 4; Albemarle Sound, 1; Norfolk, 60; Alexandria, 2; Baltimore, 3; Philadelphia, 4; Del

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aware bay and river, 10; Egg harbor, N. J., 1; Amboy, 2; New York, 50; Long Island, 4; New London, 6; Connecticut Shore, 6; Newport, R. I., 12; Tiverton, 1; Boston, 12; Salem and Newburyport, 6; Portland, 6; New Bedford, 4; Marblehead and Cape Ann, 2; York, Kennebunk, and Saco, 2; Kennebeck, Sheepscut, Damariscotta, Broad Bay, St. Georges', 5; Penobscot, 3; Frenchman's Bay, 2; Passamaquoddy Bay, 3; Portsmouth, N. H., 4. Making in all,

Of which we have at this time provided,

Would leave to be provided, gunboats,

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257

69

188

The building of these gunboats is estimated on an
average, each, at $5,000, 188 gunboats, at $5,000,
make
$940,000

Deduct the amount of timber contracted for,
as stated in the exhibit of extraordinary
expenses incurred by the Navy Depart-
ment since the 22d June last,

Would leave to be appropriated for building
of 188 gunboats,
Respectfully submitted.

$852,500

SENATE.

in which they request the concurrence of the Senate.

The bill was read, and ordered to the second reading.

TUESDAY, November 24.

The bill, entitled "An act allowing an additional compensation to the Secretaries of the Mississippi, Indiana, Louisiana, and Michigan Territories," was read the second time, and referred to Messrs. SMITH of Maryland, POPE, and SMITH, of Tennessee, to consider and report thereon.

BRITISH AGGRESSIONS.

Mr. ADAMS, from the committee to whom was referred "so much of the Message of the President of the United States as relates to the recent 87,500 outrages committed by British armed vessels within the jurisdiction and within the waters of the United States, and to the Legislative provisions which may be expedient as resulting from them; with instructions to inquire whether any and what further and more effectual provisions are necessary in addition to the act, entitled 'An act for the more effectual preservation of peace in the ports and harbors of the United States, and the waters under their jurisdiction," reported a bill for the preservation of peace and maintenance of the authority of the United States in the ports, harbors, and waters, under their jurisdiction; and the bill was read, and ordered to the second reading.

ROBERT SMITH.

Hon. S. L. MITCHILL, Chairman, &c.

Be it enacted, &c., That the President of the United States be, and he hereby is, authorized and empowered to cause to be built a number not exceeding gun boats, and to equip, arm, man, fit out, and employ the same, for the better protection of the ports and harbors of the United States, and for such other purposes as in his opinion the public service may require.

SEC. 2. And be it further enacted, That a sum not exceeding dollars be, and hereby is appropriated, for this purpose, out of any moneys in the Treasury not otherwise appropriated.

MONDAY, November 23.

[The three first sections provide for the arrest of offenders against the laws of the United States, who shall be on board of foreign armed vessels, authorizing the use of the military for that purpose.]

SEC. 4. And in order to prevent insults to the authority of the laws whereby the peace of the United States with foreign nations may be in danger, Be it further The bill to appropriate money for the construc-enacted, That it shall be lawful for the President of the tion of an additional number of gunboats was read the second time, as in Committee of the Whole, and the further consideration thereof postponed until Wednesday next.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
To the Senate and House of

Representatives of the United States:

Agreeably to the assurance given in my message at the opening of the present session of Congress, I now lay before you a copy of the proceedings and of the evidence exhibited on the arraignment of Aaron Burr and others, before the circuit court of the United States held in Virginia in the course of the present year, in as authentic form as their several parts have admitted. TH. JEFFERSON.

NOVEMBER 23, 1807.

The Message and documents therein referred to were read and ordered to lie for consideration. [See Appendix for the documents.]

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act allowing an additional compensation to the Secretaries of the Mississippi, Indiana, Louisiana, and Michigan Territories," 10th CoN. 1st SESS.-2

United States, either to permit or interdict, at his discretion, the entrance of the harbors and waters under the jurisdiction of the United States, to all armed vessels belonging to any foreign nation, and by force to repel and remove them from the same, except when they shall be forced in by distress, by the dangers of the sea, by being pursued by an enemy, or when charged with despatches or business from the Government to which they belong; in which cases, as well as in all others when they shall be permitted to enter, the commanding officer shall immediately report his vessel to the collector of the district, stating the object or causes of his entering the harbor or waters, shall take such position therein as shall be assigned him by such collector, and shall conform himself, his vessel, and crew, to such regulations, respecting health, repairs, supplies, stay, intercourse, and departure, as shall be signified to him by the said collector, under the authority and directions of the President of the United States, and not conforming thereto, shall be required to depart from the

United States.

SEC. 5. And whereas the commanders of certain

British armed vessels have committed repeated acts of insubordination to the laws, violence to the persons, and trespasses on the property of the citizens within the ports and harbors of the United States, and by continued acts of outrage and aggression have forfeited all

1

SENATE.

British Aggressions.

NOVEMBER, 1807.

claim to hospitality; and when required by the Presi- the captors, and the proceeds thereof shall be distribudent of the United States, in pursuance of the autho-ted in the same manner as prize money. And the said rity given him by law, immediately to depart from the captors shall also be entitled to receive the same bounty harbors and waters of the United States, have, in open as is provided in the seventh section of the "Act for defiance of the laws and government thereof, refused the better government of the Navy of the United States," to depart, and, in violation of the laws of nations, have passed the twenty-third day of April, one thousand maintained themselves in hostile array, within the har-eight hundred, and the President of the United States bors and waters under the jurisdiction of the United States, and against the dignity of the same: Therefore, Be it further enacted, That no British armed vessel shall be admitted to enter the harbors and waters under the jurisdiction of the United States, but every British armed vessel is hereby interdicted except when they shall be forced in by distress, by the dangers of the sea, or when charged with despatches or business from their Government, or coming as a public packet for the conveyance of letters, in which case the commanding officer shall conform to the provisions contained in the fourth section of this act; and not conforming thereto shall be required to depart from the United States: Provided, That whensoever reparation shall be made to the United States, by the British Government, to the satisfaction of the President of the United States, for the outrages upon the national sovereignty and independence of the United States, committed on the twenty-second day of June last past, by the attack of a British squadron upon the United States frigate Chesapeake, and continued by numerous other acts of insult, aggression, and hostility, to the present time, it shall be lawful for the President of the United States, by proclamation, to remove this interdiction of all British armed vessels; and thereupon they may be admitted to enter the ports, harbors, and waters, under the jurisdiction of the United States, on the same footing and conditions as the armed vessels of other foreign nations.

SEC. 6. And be it further enacted, That if any armed vessel whatsoever, interdicted by any of the provisions of this act, or by proclamation of the President of the United States, issued under the authority thereof, shall, contrary to the true intent thereof, enter any of the harbors or waters under the jurisdiction of the United States, or if the commander of any armed vessel, admitted into any of the said harbors or waters, shall refuse or fail to comply with the regulation signified to him by the collector of the district as aforesaid, it shall be the duty of the collector, immediately to require, in writing, the commander of any such armed vessel to depart with his vessel, from the waters and jurisdiction of the United States, conformably to the provisions of this act. And if, after such requisition to depart, the commander of such armed vessel shall, in defiance thereof, fail, or refuse so to do, and with his vessel wilfully remain within, or return to any of the harbors or waters within the jurisdiction of the United States, every such vessel shall be deemed to have made an hostile invasion of the territory of the United States, and while remaining in the harbors or waters under the jurisdiction of the United States, shall be proceeded against as a vessel of an enemy, and may be seized, taken, and brought into any port of the United States, with her apparel, guns, and appurtenances, and, with the goods and effects on board the same, shall, conformably to the laws of nations, be liable to forfeiture and condemnation, and may be libelled and proceeded against in the District Court of the United States, for the district into which the same may be brought; and the forfeiture of every such armed vessel, goods, and effects, so seized, taken, and condemned, shall accrue wholly to

is hereby authorized and required to instruct the commanders of the armed vessels of the United States to subdue, seize, and take by force or otherwise every such interdicted armed vessel which shall be found violating the territory of the United States as aforesaid. SEC. 7. And be it further enacted, That all pacific intercourse with any interdicted foreign armed vessel, the officers or crew thereof, is hereby forbidden, and if any person shall afford any aid to such armed vessel, either in repairing her, or in furnishing her, her officers, or crew, with supplies of any kind, or in any manner whatsoever, or if any pilot shall assist in navigating the said armed vessel, contrary to this prohibition, unless for the purpose of carrying her beyond the limits and jurisdiction of the United States, the person or persons so offending shall be liable to be bound to their good behaviour, and shall also forfeit and pay a sum not exceeding thousand dollars, to be recovered upon indictment or information, in any court of competent jurisdiction, in which last case, the said forfeiture shall accrue in equal portions to the United States and the informer.

lawful for the President of the United States, or such SEC. 8. And be it further enacted, That it shall be other persons as he shall have empowered for that purpose, to employ such part of the land forces of the United States, or the militia thereof, as he shall deem necessary, to compel the departure of any interdicted foreign armed vessel; and the said land forces and militia are hereby authorized, in execution of orders from the President of the United States, to seize, subdue, and bring in for forfeiture and condemnation, or to burn, sink, or destroy such interdicted foreign armed vessel, as the emergency of the case may require; and the President of the United States is hereby further authorized to refuse permission to any vessel belonging to the same nation, or to its citizens or subjects, to make entry or unlade, so long as the said interdicted armed vessel shall remain in the harbors or waters of the United States, in defiance of the public authority.

SEC. 9. And be it further enacted, That whenever any collector, conformably to the provisions of this act, shall have required, in writing, the commander of any foreign armed vessel to depart, and the said commander shall fail or refuse so to do, and remain in hostile array, in defiance of the laws and Government of the United States, it shall be the duty of such collector, within days, to publish, in one or more newspapers, his requisition to the said commander, and the neglect or refusal of the said commander to comply therewith; whereupon, it shall be lawful for any person or persons, in any manner whatsoever, whilst such armed vessel shall so remain within the jurisdiction of the United States, to burn, sink, or destroy every such armed vessel, and a bounty of dollars shall be paid by the United States, to such person or persons, for every gun carried by such armed vessel so burnt, sunk, or destroyed, when the same shall be effected otherwise than by the armed vessels of the United States.

SEC. 10. And be it further enacted, That if, while any interdicted foreign armed vessel shall so remain within the waters and jurisdiction of the United States,

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