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SENATE. I lay before you the result of the census lately taken not to injure what is retained. But the great mass of of our inhabitants, to a conformity with which we are public offices is established by law, and therefore by law now to reduce the ensuing ratio of representation and alone can be abolished. Should the Legislature think taxation. You will perceive that the increase of num- it expedient to pass this roll in review, and try all its bers, during the last ten years, proceeding in geomet- parts by the test of public utility, they may be assured rical ratio, promises a duplication in little more than of every aid and light which Executive information can twenty-two years. We contemplate this rapid growth, yield. Considering the general tendency to multiply and the prospect it holds up to us, not with a view to offices and dependencies, and to increase expense to the injuries it may enable us to do to others in some the ultimate term of burden which the citizen can future day, but to the settlement of the extensive country bear, it behootes us to avail ourselves of every occasion still remaining vacant within our limits, to the multipli- which presents itself for taking off the surcharge; that cation of men susceptible of happiness, educated in the it never may be seen here that, after leaving to labor the love of order, habituated to self-government, and valu- smallest portion of its earnings on which it can subsist, ing its blessings above all price.
Government shall itself consume the whole residue of Other circumstances, combined with the increase of what it was instituted to guard. numbers, have produced an augmentation of revenue In our care too of the public contributions entrusted arising from consumption, in a ratio far beyond that of to our direction, it would be prudent to multiply barriers population alone; and, though the changes in foreign against their dissipation, by appropriating specific sums relations now taking place, so desirably for the whole to every specific purpose susceptible of definition; by world, may for a season affect this branch of revenue, disallowing all applications of money varying from the yet, weighing all probabilities of expense, as well as of appropriation in object, or transcending it in amount ; income, there is reasonable ground of confidence that we by reducing the undefined field of contingencies, and may now safely dispense with all the internal taxes, thereby circumscribing discretionary powers over mocomprehending excise, stamps, auctions, licenses, car- ney; and by bringing back to a single department all riages, and refined sugars; to which the postage on accountabilities for money, where the examinations newspapers may be added, to facilitate the progress of may be prompt, efficacious, and uniform. information; and that the remaining sources of revenue An account of the receipts and expenditures of the will be sufficient to provide for the support of Govern- last year, as prepared by the Secretary of the Treasument, to pay the interest of the public debts, and to dis- ry, will, as usual, be laid before you. The success charge the principals within shorter periods than the which has attended the late sales of the public lands laws or the general expectation had contemplated. shows that, with attention, they may be made an imWar, indeed, and untoward events, may change this portant source of receipt. Among the payments those prospect of things, and call for expenses which the im- made in discharge of the principal and interest of the posts could not meet. But sound principles will not national debt, will show that the public faith has been justify our taxing the industry of our fellow-citizens to exactly maintained. To these will be added an estiaccumulate treasure for wars to happen we know not mate of appropriations necessary for the ensuing year. when, and which might not, perhaps, happen, but from This last will, of course, be affected by such modificathe temptations offered by that treasure.
tions of the system of expense as you shall think These views, however, of reducing our burdens, proper to adopt. are formed on the expectation that a sensible, and at A statement has been formed by the Secretary of the same time a salutary, reduction may take place in War, on mature consideration, of all the posts and our habitual expenditures. For this purpose those of the stations where garrisons will be expedient, and of the civil government, the army, and navy, will need revisal. number of men requisite for each garrison. The whole When we consider that this Government is charged amount is considerably short of the present Military with the external and mutual relations only of these Establishment. For the surplus no particular use can States; that the States themselves have principal care be pointed out. For defence against invasion their of our persons, our property, and our reputation, consti- number is as nothing; nor is it conceived needful or tuting the great field of human concerns, we may well safe that a standing army should be kept up in time of doubt whether our organization is not too complicated, peace, for that purpose. Uncertain as we must ever 100 expensive; whether offices and officers have not been be of the particular point in our circumference where multiplied unnecessarily, and sometimes injuriously to an enemy may choose to invade us, the only force the service they were meant to promote. I will cause to which can be ready at every point, and competent to be laid before you an essay towards a statement of those oppose them, is the body of neighboring citizens, as who, under public employment of various kinds, draw mo- formed into a militia. On these, collected from the ney from the Treasury, or from our citizens. Time has parts most convenient, in numbers proportioned to the not permitted a perfect enumeration, the ramifications of invading force, it is best to rely, not only to meet the office being too multiplied and remote to be completely first attack, but, if it threatens to be permanent, to traced in a first trial. Among those who are dependent maintain the defence until regulars may be engaged to on Executive discretion, I have begun the reduction of relieve them. These considerations render it importwhat was deemed unnecessary. The expenses of di- ant that we should, at every session, continue to amend plomatic agency have been considerably diminished. the defects which from time to time show themselves in The inspectors of internal revenue, who were found the laws for regulating the militia, until they are suffito obstruct the accountability of the institution, have ciently perfect: nor should we now, or at any time, been discontinued. Several agencies, created by Ex- separate, until we can say that we have done everycutive authority, on salaries fixed by that also, have thing for the militia which we could do were an enemy been suppressed, and should suggest the expediency of at our door. regulating that power by law, so as to subject its exer The provision of military stores on hand will be laid cise to legislative inspection and sanction. Other re- before you, that you may judge of the additions still formations of the same kind will be pursued with that requisite. caution which is requisite, in removing useless things, With respect to the extent to which our naval prepa
DECEMBER, 1801. rations should be carried, some difference of opinion that they may be able to judge of the proportion which may be expected to appear; but just attention to the the institution bears to the business it has to perform, I circumstances of every part of the Union will doubt- have caused to be procured from the several States, and less reconcile all. A small force will probably continue now lay before Congress, an exact statement of all the to be wanted for actual service in the Mediterranean. causes decided since the first establishment of the courts, Whatever annual sum beyond that you may think and of those which were depending when additional proper to appropriate to naval preparations, would per- courts and judges were brought in to their aid. haps be better employed in providing those articles And while on the Judiciary organization, it will be which may be kept without waste or consumption, and worthy of your consideration whether the protection of be in readiness when any exigence calls them into use. the inestimable institution of juries has been extended Progress has been made, as will appear by papers now
to all the cases involving the security of our persons communicated, in providing materials for seventy-four and property. Their impartial selection also being esgun ships, as directed by law.
sential to their value, we ought further to consider How far the authority given by the Legislature for whether that is sufficiently secured in those States procuring and establishing sites for naval purposes, has where they are named by a marshal depending on Exbeen perfectly understood and pursued in the execu- ecutive will, or designated by the court, or by officers tion, admits of some doubt. A statement of the ex- dependent on them. penses already incurred on that subject is now laid be I cannot omit recommending a revisal of the laws on fore you. I have, in certain cases, suspended or slack- the subject of naturalization. Considering the ordinaened these expenditures, that the Legislature might ry chances of human life, a denial of citizenship under determine whether so many yards are necessary as have a residence of fourteen years, is a denial to a great probeen contemplated. The works at this place are among portion of those who ask it; and controls a policy purthose permitted to go on; and five of the seven frigates sued, from their first settlement, by many of these directed to be laid up, have been brought and laid up States, and still believed of consequence to their proshere, where, besides the safety of their position, they perity. And shall we refuse to the unhappy fugitives are under the eye of the Executive Administration, as from distress that hospitality which the savages of the well as of its agents; and where yourselves also will wilderness extended to our fathers arriving in this land? be guided by your own view in the Legislative provis- Shall oppressed humanity find no asylum on this globe! ions respecting them, which may, from time to time, be The Constitution, indeed, has wisely provided that, for necessary. They are preserved in such condition, as admission to certain offices of important trust, a resiwell the vessels as whatever belongs to them, as to be dence shall be required sufficient to develop character at all times ready for sea on a short warning. Two and design. But might not the general character and others are yet to be laid up, so soon as they shall re- capabilities of a citizen be safely communicated to every ceive the repairs requisite to put them also into sound one manifesting a bona fide purpose of embarking his condition. As a superintending officer will be neces- life and fortunes permanently with us? with restricsary at each yard, his duties and emoluments, hitherto tions, perhaps, to guard against the fraudulent usurpafixed by the Executive, will be a more proper subject tion of our flag ? an abuse which brings so much emfor legislation. A communication will also be made of barrassment and loss on the genuine citizen, and so our progress in the execution of the law respecting the much danger to the nation of being involved in war, vessels directed to be sold.
that no endeavor should be spared to detect and supThe fortifications of our harbors, more or less ad- press it. vanced, present considerations of great difficulty. These, fellow-citizens, are the matters respecting the While some of them are on a scale sufficiently propor- state of the nation which I have thought of importance tioned to the advantages of their position, to the effica- to be submitted to your consideration at this time. cy of their protection, and the importance of the points Some others of less moment, or not yet ready for comwithin it, others are so extensive, will cost so much in munication, will be the subject of separate Messages. their first erection, so much in their maintenance, and I am happy in this opportunity of committing the arrequire such a force to garrison them, as to make it duous affairs of our Government to the collected wisquestionable what is best now to be done. A state- dom of the Union. Nothing shall be wanting on my ment of those commenced or projected; of the expen- part to inform, as far as in my power, the Legislative ses already incurred; and estimates of their future judgment, nor to carry that judgment into faithful execost, as far as can be foreseen, shall be laid before you, cution. The prudence and temperance of your discusthat you may be enabled to judge whether any altera- sions will promote, within your own walls, that conciltion is necessary in the laws respecting this subject. iation which so much befriends rational conclusion;
Agriculture, manufactures, commerce, and naviga- and by its example will encourage among our constitution, the four pillars of our prosperity, are then mostents that progress of opinion which is tending to unite thriving when left most free to individual enterprise. them in object and in will. That all should be satisProtection from casual embarrassments, however, may fied with any one order of things, is not to be expectsometimes be seasonably interposed. If, in the course ed; but I indulge the pleasing persuasion that the great of your observations or inquiries, they should appear body of our citizens will cordially concur in honest and to need any aid within the limits of our Constitutional disinterested efforts, which have for their object to prepowers, your sense of their importance is a sufficient serve the General and State Governments in their Conassurance they will occupy your attention. We can- stitutional form and equilibrium; to maintain peace not, indeed, but all feel an anxious solicitude for the abroad, and order and obedience to the laws at home; difficulties under which our carrying trade will soon be to establish principles and practices of administration placed. How far it can be relieved, otherwise than by favorable to the security of liberty and property, and to time, is a subject of important consideration.
reduce expenses to what is necessary for the useful The Judiciary system of the United States, and espe- purposes of Government. cially that portion of it recently erected, will, of course,
TH: JEFFERSON. present itself to the contemplation of Congress; and DECEMBER 8, 1801.
The Letter and Message were read, and order- taining an abstract of all the returns made by the ed to be printed for the use of the Senate.
Collectors of the Customs for the different ports, The papers referred to in the Message were in pursuant to the act for the relief and protection part read, and the Senate adjourned.
of American seamen, together with abstracts from
the communications received from the agents emWEDNESDAY, December 9.
ployed in foreign countries for the relief of AmeriThe reading of the papers referred to in the can seamen; which were read, and ordered to be Message of the President of the United States of printed, the 8th instant, was resumed, and five hundred
A motion was made by Mr. Jackson, seconded copies of the Message, together with the papers by Mr, Nicholas, that it be therein referred to, ordered to be printed for the
Resolved, by the Senate and House of Representause of the Senate.
tives of the United States, in Congress assembled, That, The Senate proceeded to the appointment of a as a testimony of the high sense they entertain of the Chaplain to Congress on their part, and the Rev. nautical skill and gallant conduct of Lieutenant Andrew Mr. GANTT was elected.
Sterret, commander of the United States' schooner Enterprize, manifested in an engagement with, and in the
capture of, a Tripolitan corsair of superior force, in the THURSDAY, December 10.
Mediterranean sea, fitted out by the Bey of that ReResolved. That James Mathers, Sergeant-at- gency to harass the trade, capture the vessels, and enslave Arms and Doorkeeper to the Senaté, be, and he is the citizens of these States : the President of the Unihereby, authorized to employ one additional assis- ted States be requested to present Lieutenant Sterret tant, and two horses, for the purpose of perform- with a sword, with such suitable devices thereon as he ing such services as are usually required of the shall deem proper, and emblematic of that heroic action ; Doorkeeper to the Senate; and that the sum of three times struck his colors, and twice recommenced
and the mercy extended to a barbarous enemy, who twenty-eight dollars be allowed him weekly for hostilities—an act of humanity, however unmerited, the purpose during the session, and for twenty highly honorable to the American flag and nation : and days after.
that the President of the United States be also requestA message from the House of Representatives ed to present Lieutenant Lane of the marines, who informed the Senate that the House have appoint- was with a detachment of that corps, serving on board ed a joint committee on their part for enrolled bills, the Enterprize in that engagement, and contributed, by and desire the appointment of such committee on his and his detachment's gallant conduct, to the success the part of the Senate.
of the day, with a medal, with such suitable devices as Resolved, that the Senate do concur in the ap- the President may deem fit. pointment of a joint committee for enrolled bills, Be it further resolved, In consideration of the intreand that Mr. Wright be the committee on the pid behaviour of the crew of the Enterprize, under the part of the Senate.
orders of their gallant commander, and their receiving
no prize money, the corsair being dismantled and reFriday, December 11.
leased after her capture, that one month's pay over and
above the usual allowance, be paid to all the other offiJONATAAN Mason, from the State of Massachu- cers, sailors, and marines, who were actually on board setts and James Sheare, from the State of New and engaged in that action ; for the expenditure of Hampshire, severally attended.
which charge Congress will make the necessary approThe President laid before the Senate a letter priation. from Samuel Meredith, Treasurer, together with
And it was agreed that this motion lie for conhis general, navy, and war accounts, ending 31st
sideration. December, 1800, 31st March, 30th June, and 30th September, 1801; which were read.
Mr. Cocke presented the petition of Daniel Fox,
a soldier of the militia, under the command of Ordered, That they lie on file.
General Sevier, in the year 1793, rendered incapa
ble of labor by a nervous complaint, contracted in Monday, December 14.
an expedition against the Cherokee Indians; and James Hillhouse, from the State of Connec- praying relief. The petition was read. ticut, and Dwight Foster, from the State of Ordered, That it be referred to Messrs. Cocke, Massachusetts, severally attended.
Ellery, and Nicholas, to consider and report A message from the House of Representatives thereon. informed the Senate that the House have elected On motion, it was agreed, that the Message of the Reverend William PARKINSON a Chaplain the President of the United States, of the 8th into Congress, on their part.
stant, be made the order of the day for to-morrow,
to be considered as in a Committee of the Whole. Tuesday, December 15.
The PRESIDENT laid before the Senate a letter The Senate met, but transacted no business.
from Simon WiLLARD, to the Secretary of the Senate, on the subject of compensation for an
eight-day clock, purchased by order of the 25th of WEDNESDAY, December 16.
February last, for the use of the Senate Chamber; The President laid before the Senate a letter which was read and referred to Messrs. Jackson, from the Secretary for the Department of State, J. Mason, and T. Foster, to consider and report with an annual return, ending the 9ih instant, con- | thereon.
Thursday, December 17.
Mr. ANDERSON gave notice that he should, toThe President laid before the Senate the re- morrow, ask leave to bring in a bill for the disport of the Commissioners of the Sinking Fund; charge of Laurance Erb from his confinement. which was read and ordered to be printed for the use of the Senate.
Wednesday, December 23. The order of the day, on the Message of the President of the United States of the 8th instant, informed the Senate that the House have passed
A message from the House of Representatives, was postponed until to-morrow.
a bill extending the privilege of franking letters to
the delegate from the Mississippi Territory, and Friday, December 18.
making provision for his compensation, in which Mr. Tracy, from the joint committee appoint- they desire the concurrence of the Senate. ed the 7th instant, on a representation respecting
The bill was read and ordered to lie on the table. the books purchased in pursuance of a resolution
Agreeably to notice yesterday given, Mr. An. of 24th April, 1800, made report; which was read DERSON obtained leave to bring in a bill authorizing and ordered to lie for consideration.
the discharge of Laurance Erb from his confineMr. Cocke, from the committee appointed on
ment; which was read and passed to the second the 16th instant, to consider the petition of Daniel reading: Fox, made report ; which was read and recom
Mr. Cocke, from the committee to whom was mitted, further to consider and report thereon.
recommitted, on the 18th instant, the petition of Daniel Fox, made a further report; which was
read and ordered to lie for consideration. SATURDAY, December 19.
The following Messages were received from the
Gentlemen of the Senate,
I now enclose sundry documents supplementary to place of their late Senator, Charles Pinckney, re- those communicated to you with my Message at the signed, produced his credentials, was qualified, and commencement of the session. Two others, of considtook his seat in the Senate.
erable importance, the one relating to our transactions with the Barbary Powers, the other presenting a view
of the offices of the Government, shall be communicated Monday, December 21.
as soon as they can be completed. The credentials of George Logan, appointed a Dec. 22, 1801.
TH: JEFFERSON. Senator by the Legislature of the State of Pennsylvania, were presented and read; and the affirma- | Gentlemen of the Senate, tion prescribed by law was administered by the
and of the House of Representatives : President.
Another return of the census of the State of Mary. The President laid before the Senate a report which he desires may be substituted as more correct
land is just received from the Marshal of that State, from the Secretary for the Department of Treas- than the one first returned by him and communicated ury, in obedience to the directions of the act sup- by me to Congress. This new return, with his letter, plementary to the act entitled “An act to estab- is now laid before you. lish the Treasury Department;" which was read, Dec. 23, 1801.
TH: JEFFERSON. and ordered to be printed. A message from the House of Representatives
The Message and papers therein referred to were informed the Senate that the House have passed a read, and severally ordered to lie for consideration. resolution that the Secretary of State be directed to cause to be furnished to each member of the
Thursday, December 24. two Houses a copy of the laws of the sixth Con
The bill authorizing the discharge of Laurance gress; in which they desire the concurrence of the Erb from his confinement was read the second Senate.
time, and committed to Messrs. ANDERSON, TRACY, The Senate took into consideration the report and Bradley, to consider and report thereon. of the joint committee, made on the 18th instant, The PRESIDENT laid before the Senate a report respecting the books purchased in pursuance of a of the Postmaster General, in obedience to the Act resolution of Congress of the 24th April, 1800; to establish the Post Office ;" which was read, and which report was adopted as amended, and sundry ordered to lie for consideration. resolutions consequent thereon agreed to.
The bill, sent from the House of Representatives
for concurrence, extending the privilege of franking Tuesday, December 22.
letters to the delegate from the Mississippi TerDavid Stone, from the State of North Carolina, ritory, and making provision for his compensation, attended.
was read the second time, and the further considThe resolution, sent yesterday from the House eration thereof postponed until Monday next. of Representatives, authorizing the Secretary of State to supply the members of Congress with the
Monday, December 28. fifth volume of the laws, was considered, and post
John Ewing Colhoun, appointed a Senator by poned for further consideration.
the Legislature of the State of South Carolina,
Reporting the Debates.
produced his credentials, was qualified, and took his
REPORTING THE DEBATES. seat in the Senate.
The PRESIDENT laid before the Senate a letter On motion, it was agreed that the bill extending signed Samuel H. Smith, stating that he was dethe privilege of franking, letters to the delegate sirous of taking notes of the proceedings of the from the Mississippi Territory, and making provi- Senate, in such manner as to render them correct: sion for his compensation, which was the order of Whereupon, the day, be postponed to the 12th of January next. Resolved, That any stenographer desirous to
take the debates of the Senate on Legislative TUESDAY, December 29.
business, may be admitted for that purpose, at such
place within the area of the Senate Chamber as The Senate proceeded to the consideration of the President may allot: Executive business.
And, on motion to reconsider the above resolu
tion, it passed in the affirmative-yeas 17, nays 9. WEDNESDAY, December 30.
YEAS—Messrs. Anderson, Breckenridge, Cocke, DayMr. Tracy gave notice that he should, to-mor. Jonathan Mason, Morris, Ogden, Olcott, Sumter, Tracy,
ton, Ellery, Dwight Foster, Hillhouse, Howard, Logan, row, ask leave to bring in a bill to carry into effect White, and Wright. the appropriations of land in the purchase of the
Nars-Messrs. Baldwin, Brown, Chipman, T. FosOhio company, in the Northwestern Territory, for ter, Franklin, Jackson, Nicholas, Sheafe, and Stone. the support of schools and religion, and for other
On motion, to amend the resolution, by adding, purposes.
after the word stenographer, “ He having given
bond in the sum of with two sufficient sureTHURSDAY, December 31.
ties, in the sum of each, for his good conMr. BRECKENRIDGE presented the petition of duct," it passed in the negative-yeas 10, nays Isaac Zane, stating that he was made a prisoner 18, as follows: at the age of nine years by the Wyandot Indians, YEAS—Messrs. Chipman, Dayton, Dwight Foster, with whom he remained until he became of age; Hillhouse, Howard, Morris, Ogden, Olcott, Sheafe, and bad a family by a woman of that nation, and a Tracy. tract of land was assigned him by the said nation, NAYS—Messrs. Anderson, Baldwin, Breckenridge, on a branch of the Great Miami, and which tract Brown, Cocke, Colhoun, Ellery, T. Foster, Franklin, of land was ceded to the United States by a recent Jackson, Logan, S. T. Mason, J. Mason, Nicholas, treaty with the said Wyandot Indians, and pray- Stone, Sumter, White, and Wright. ing such relief as may be deemed equitable; and On motion, to agree to the original resolution, the petition was read, and committed to Messrs. amended by adding the words or note-taker," BRECKENRIDGE, Tracy, and Ogden, to consider after the words stenographer, it passed in the afand report thereon.
firmative--yeas 16, nays 12, as follows: A message from the House of Representatives Yeas—Messrs. Anderson, Baldwin, Breckenridge, informed the Senate that the House disagree to Brown, Cocke, Colhoun, Ellery, T. Foster, Franklin, the resolutions of the Senate respecting the books Jackson, Logan, S. T. Mason, Nicholas, Stone, Sumand maps purchased pursuant to a resolution of ter, and Wright. Congress of the 24th of April, 1800. They have Nays-Messrs. Chipman, Dayton, Dwight Foster, passed a bill concerning the library for the use of Hillhouse, Howard, J. Mason, Morris, Ogden, Olcott, both Houses of Congress, in which they desire Sheafe, Tracy, and White. the concurrence of the Senate.
So it was Resolved, That any stenographer, or The bill was twice read by unanimous consent, note-taker, desirous to take the debates of the Senand committed to Messrs. Tracy, Logan, and ate on Legislative business, may be admitted for Dayton, to consider and report thereon.
that purpose at such place, within the area of the The Senate took into consideration the motion Senate Chamber, as the President shall allot.* made on the 16th instant respecting Lieutenant Sterret
, commander of the United States schooner [From the National Intelligencer of Jan. 8, 1802.] Enterprize; which motion was amended and * On Monday last the editor addressed a letter to the agreed to, and sundry resolutions adopted accord- President of the Senate, requesting permission to occuingly.
py a position in the lower area of the Senate Chamber,
for the purpose of taking with correctness the debates MONDAY, January 4, 1802.
and proceedings of that body.
It may be necessary to remark that heretofore no steMr. BRECKENRIDGE notified the Senate that he nographer has been admitted in this area ; and the upshould, on Wednesday next, move for the order of per gallery, being open to the admission of every one, the day on that part of the Message of the Presi- and very remote from the floor of the House, has predent of the United States of the gih of December vented any attempt being made to take the debates, last, which respects the judiciary system.
from the impossibility of hearing distinctly from it.
The contents of the letter were submitted by the Pres
ident to the Senate; and a resolution agreed to, to the Tuesday, January 5.
following effect: Resolved, That any stenographer, deMr. Brown, from the State of Kentucky, at- sirous to take the debates of the Senate on Legislative tended.
business, may be admitted for that purpose, at such