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DECEMBER, 1801.

President's Message.

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 behooves 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 what it was instituted to guard.

In our care too of the public contributions entrusted to our direction, it would be prudent to multiply barriers against their dissipation, by appropriating specific sums to every specific purpose susceptible of definition; by disallowing all applications of money varying from the appropriation in object, or transcending it in amount; by reducing the undefined field of contingencies, and thereby circumscribing discretionary powers over mo

accountabilities for money, where the examinations may be prompt, efficacious, and uniform.

Other circumstances, combined with the increase of numbers, have produced an augmentation of revenue arising from consumption, in a ratio far beyond that of population alone; and, though the changes in foreign relations now taking place, so desirably for the whole world, may for a season affect this branch of revenue, | yet, weighing all probabilities of expense, as well as of income, there is reasonable ground of confidence that we may now safely dispense with all the internal taxescomprehending excise, stamps, auctions, licenses, car-ney; and by bringing back to a single department all riages, and refined sugars; to which the postage on newspapers may be added, to facilitate the progress of information; and that the remaining sources of revenue will be sufficient to provide for the support of Government, to pay the interest of the public debts, and to discharge the principals within shorter periods than the laws or the general expectation had contemplated. War, indeed, and untoward events, may change this prospect of things, and call for expenses which the imposts could not meet. But sound principles will not justify our taxing the industry of our fellow-citizens to accumulate treasure for wars to happen we know not when, and which might not, perhaps, happen, but from the temptations offered by that treasure.

These views, however, of reducing our burdens, are formed on the expectation that a sensible, and at the same time a salutary, reduction may take place in our habitual expenditures. For this purpose those of the civil government, the army, and navy, will need revisal. When we consider that this Government is charged with the external and mutual relations only of these States; that the States themselves have principal care of our persons, our property, and our reputation, constituting the great field of human concerns, we may well doubt whether our organization is not too complicated, too expensive; whether offices and officers have not been multiplied unnecessarily, and sometimes injuriously to the service they were meant to promote. I will cause to be laid before you an essay towards a statement of those who, under public employment of various kinds, draw money from the Treasury, or from our citizens. Time has not permitted a perfect enumeration, the ramifications of office being too multiplied and remote to be completely traced in a first trial. Among those who are dependent on Executive discretion, I have begun the reduction of what was deemed unnecessary. The expenses of diplomatic agency have been considerably diminished. The inspectors of internal revenue, who were found to obstruct the accountability of the institution, have been discontinued. Several agencies, created by Excutive authority, on salaries fixed by that also, have been suppressed, and should suggest the expediency of regulating that power by law, so as to subject its exercise to legislative inspection and sanction. Other reformations of the same kind will be pursued with that caution which is requisite, in removing useless things,

An account of the receipts and expenditures of the last year, as prepared by the Secretary of the Treasury, will, as usual, be laid before you. The success which has attended the late sales of the public lands shows that, with attention, they may be made an important source of receipt. Among the payments those made in discharge of the principal and interest of the national debt, will show that the public faith has been exactly maintained. To these will be added an estimate of appropriations necessary for the ensuing year. This last will, of course, be affected by such modifications of the system of expense as you shall think proper to adopt.

A statement has been formed by the Secretary of War, on mature consideration, of all the posts and stations where garrisons will be expedient, and of the number of men requisite for each garrison. The whole amount is considerably short of the present Military Establishment. For the surplus no particular use can be pointed out. For defence against invasion their number is as nothing; nor is it conceived needful or safe that a standing army should be kept up in time of peace, for that purpose. Uncertain as we must ever be of the particular point in our circumference where an enemy may choose to invade us, the only force which can be ready at every point, and competent to oppose them, is the body of neighboring citizens, as formed into a militia. On these, collected from the parts most convenient, in numbers proportioned to the invading force, it is best to rely, not only to meet the first attack, but, if it threatens to be permanent, to maintain the defence until regulars may be engaged to relieve them. These considerations render it important that we should, at every session, continue to amend the defects which from time to time show themselves in the laws for regulating the militia, until they are sufficiently perfect: nor should we now, or at any time, separate, until we can say that we have done everything for the militia which we could do were an enemy at our door.

The provision of military stores on hand will be laid before you, that you may judge of the additions still requisite.

With respect to the extent to which our naval prepa

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rations should be carried, some difference of opinion may be expected to appear; but just attention to the circumstances of every part of the Union will doubtless reconcile all. A small force will probably continue to be wanted for actual service in the Mediterranean. Whatever annual sum beyond that you may think proper to appropriate to naval preparations, would perhaps be better employed in providing those articles which may be kept without waste or consumption, and be in readiness when any exigence calls them into use. Progress has been made, as will appear by papers now communicated, in providing materials for seventy-four gun ships, as directed by law.

DECEMBER, 1801.

that they may be able to judge of the proportion which
the institution bears to the business it has to perform, I
have caused to be procured from the several States, and
now lay before Congress, an exact statement of all the
causes decided since the first establishment of the courts,
and of those which were depending when additional
courts and judges were brought in to their aid.
And while on the Judiciary organization, it will be
worthy of your consideration whether the protection of
the inestimable institution of juries has been extended
to all the cases involving the security of our persons
and property. Their impartial selection also being es-
sential to their value, we ought further to consider
whether that is sufficiently secured in those States
where they are named by a marshal depending on Ex-
ecutive will, or designated by the court, or by officers

How far the authority given by the Legislature for procuring and establishing sites for naval purposes, has been perfectly understood and pursued in the execution, admits of some doubt. A statement of the ex-dependent on them. penses already incurred on that subject is now laid before you. I have, in certain cases, suspended or slackened these expenditures, that the Legislature might determine whether so many yards are necessary as have been contemplated. The works at this place are among those permitted to go on; and five of the seven frigates directed to be laid up, have been brought and laid up here, where, besides the safety of their position, they are under the eye of the Executive Administration, as well as of its agents; and where yourselves also will be guided by your own view in the Legislative provisions respecting them, which may, from time to time, be necessary. They are preserved in such condition, as well the vessels as whatever belongs to them, as to be at all times ready for sea on a short warning. Two others are yet to be laid up, so soon as they shall receive the repairs requisite to put them also into sound condition. As a superintending officer will be necessary at each yard, his duties and emoluments, hitherto fixed by the Executive, will be a more proper subject for legislation. A communication will also be made of our progress in the execution of the law respecting the vessels directed to be sold.

The fortifications of our harbors, more or less advanced, present considerations of great difficulty. While some of them are on a scale sufficiently proportioned to the advantages of their position, to the efficacy of their protection, and the importance of the points within it, others are so extensive, will cost so much in their first erection, so much in their maintenance, and require such a force to garrison them, as to make it questionable what is best now to be done. A statement of those commenced or projected; of the expenses already incurred; and estimates of their future cost, as far as can be foreseen, shall be laid before you, that you may be enabled to judge whether any alteration is necessary in the laws respecting this subject.

Agriculture, manufactures, commerce, and navigation, the four pillars of our prosperity, are then most thriving when left most free to individual enterprise. Protection from casual embarrassments, however, may sometimes be seasonably interposed. If, in the course of your observations or inquiries, they should appear to need any aid within the limits of our Constitutional powers, your sense of their importance is a sufficient assurance they will occupy your attention. We cannot, indeed, but all feel an anxious solicitude for the difficulties under which our carrying trade will soon be placed. How far it can be relieved, otherwise than by time, is a subject of important consideration.

The Judiciary system of the United States, and especially that portion of it recently erected, will, of course, present itself to the contemplation of Congress; and

I cannot omit recommending a revisal of the laws on the subject of naturalization. Considering the ordinary chances of human life, a denial of citizenship under a residence of fourteen years, is a denial to a great proportion of those who ask it; and controls a policy pursued, from their first settlement, by many of these States, and still believed of consequence to their prosperity. And shall we refuse to the unhappy fugitives from distress that hospitality which the savages of the wilderness extended to our fathers arriving in this land? Shall oppressed humanity find no asylum on this globe? The Constitution, indeed, has wisely provided that, for admission to certain offices of important trust, a residence shall be required sufficient to develop character and design. But might not the general character and capabilities of a citizen be safely communicated to every one manifesting a bona fide purpose of embarking his life and fortunes permanently with us? with restrictions, perhaps, to guard against the fraudulent usurpation of our flag an abuse which brings so much embarrassment and loss on the genuine citizen, and so much danger to the nation of being involved in war, that no endeavor should be spared to detect and suppress it.

These, fellow-citizens, are the matters respecting the state of the nation which I have thought of importance to be submitted to your consideration at this time. Some others of less moment, or not yet ready for communication, will be the subject of separate Messages. I am happy in this opportunity of committing the arduous affairs of our Government to the collected wisdom of the Union. Nothing shall be wanting on my part to inform, as far as in my power, the Legislative judgment, nor to carry that judgment into faithful execution. The prudence and temperance of your discussions will promote, within your own walls, that conciliation which so much befriends rational conclusion; and by its example will encourage among our constituents that progress of opinion which is tending to unite them in object and in will. That all should be satisfied with any one order of things, is not to be expected; but I indulge the pleasing persuasion that the great body of our citizens will cordially concur in honest and disinterested efforts, which have for their object to preserve the General and State Governments in their Constitutional form and equilibrium; to maintain peace abroad, and order and obedience to the laws at home; to establish principles and practices of administration favorable to the security of liberty and property, and to reduce expenses to what is necessary for the useful purposes of Government.

DECEMBER 8, 1801.

TH: JEFFERSON.

DECEMBER, 1801.

Proceedings.

SENATE.

The Letter and Message were read, and ed to be printed for the use of the Senate. The papers referred to in the Message were in pursuant to the act for the relief and protection part read, and the Senate adjourned.

order-taining an abstract of all the returns made by the Collectors of the Customs for the different ports,

WEDNESDAY, December 9.

The reading of the papers referred to in the Message of the President of the United States of the 8th instant, was resumed, and five hundred copies of the Message, together with the papers therein referred to, ordered to be printed for the use of the Senate.

The Senate proceeded to the appointment of a Chaplain to Congress on their part, and the Rev. Mr. GANTT was elected.

THURSDAY, December 10.

of American seamen, together with abstracts from the communications received from the agents employed in foreign countries for the relief of American seamen; which were read, and ordered to be printed.

A motion was made by Mr. JACKSON, Seconded by Mr. NICHOLAS, that it be

Resolved, by the Senate and House of Representatives of the United States, in Congress assembled, That, as a testimony of the high sense they entertain of the nautical skill and gallant conduct of Lieutenant Andrew 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 Mediterranean sea, fitted out by the Bey of that Re

Resolved, That James Mathers, Sergeant-at-gency to harass the trade, capture the vessels, and enslave Arms and Doorkeeper to the Senate, be, and he is hereby, authorized to employ one additional assistant, and two horses, for the purpose of performing such services as are usually required of the Doorkeeper to the Senate; and that the sum of twenty-eight dollars be allowed him weekly for the purpose during the session, and for twenty days after.

A message from the House of Representatives informed the Senate that the House have appointed a joint committee on their part for enrolled bills, and desire the appointment of such committee on the part of the Senate.

Resolved, That the Senate do concur in the appointment of a joint committee for enrolled bills, and that Mr. WRIGHT be the committee on the part of the Senate.

FRIDAY, December 11.

JONATHAN MASON, from the State of Massachusetts and JAMES SHEAFE, from the State of New Hampshire, severally attended.

The PRESIDENT laid before the Senate a letter from Samuel Meredith, Treasurer, together with his general, navy, and war accounts, ending 31st December, 1800, 31st March, 30th June, and 30th September, 1801; which were read. Ordered, That they lie on file.

MONDAY, December 14.

JAMES HILLHOUSE, from the State of Connecticut, and DWIGHT FOSTER, from the State of Massachusetts, severally attended.

A message from the House of Representatives informed the Senate that the House have elected the Reverend WILLIAM PARKINSON a Chaplain to Congress, on their part.

TUESDAY, December 15.

The Senate met, but transacted no business.

WEDNESDAY, December 16.

The PRESIDENT laid before the Senate a letter from the Secretary for the Department of State, with an annual return, ending the 9th instant, con

the citizens of these States: the President of the United States be requested to present Lieutenant Sterret with a sword, with such suitable devices thereon as he shall deem proper, and emblematic of that heroic action; three times struck his colors, and twice recommenced and the mercy extended to a barbarous enemy, who hostilities an act of humanity, however unmerited, highly honorable to the American flag and nation: and that the President of the United States be also requested to present Lieutenant Lane of the marines, who was with a detachment of that corps, serving on board the Enterprize in that engagement, and contributed, by his and his detachment's gallant conduct, to the success of the day, with a medal, with such suitable devices as the President may deem fit.

Be it further resolved, In consideration of the intrepid behaviour of the crew of the Enterprize, under the orders of their gallant commander, and their receiving no prize money, the corsair being dismantled and released after her capture, that one month's pay over and above the usual allowance, be paid to all the other officers, sailors, and marines, who were actually on board and engaged in that action; for the expenditure of which charge Congress will make the necessary appropriation.

And it was agreed that this motion lie for consideration.

Mr. COCKE presented the petition of Daniel Fox, a soldier of the militia, under the command of General Sevier, in the year 1793, rendered incapable of labor by a nervous complaint, contracted in an expedition against the Cherokee Indians; and praying relief. The petition was read.

Ordered, That it be referred to Messrs. CoCKE, ELLERY, and NICHOLAS, to consider and report thereon.

On motion, it was agreed, that the Message of the President of the United States, of the 8th instant, be made the order of the day for to-morrow, to be considered as in a Committee of the Whole.

The PRESIDENT laid before the Senate a letter 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 February last, for the use of the Senate Chamber; which was read and referred to Messrs. JACKSON, J. MASON, and T. FOSTER, to consider and report thereon.

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The credentials of GEORGE LOGAN, appointed a Senator by the Legislature of the State of Pennsylvania, were presented and read; and the affirmation prescribed by law was administered by the President.

DECEMBER, 1801.

Mr. ANDERSON gave notice that he should, tomorrow, ask leave to bring in a bill for the discharge of Laurance Erb from his confinement.

WEDNESDAY, December 23.

informed the Senate that the House have passed A message from the House of Representatives, a bill extending the privilege of franking letters to the delegate from the Mississippi Territory, and making provision for his compensation, in which they desire the concurrence of the Senate.

The bill was read and ordered to lie on the table. Agreeably to notice yesterday given, Mr. AN-I DERSON obtained leave to bring in a bill authorizing the discharge of Laurance Erb from his confinement; which was read and passed to the second reading.

Mr. COCKE, from the committee to whom was recommitted, on the 18th instant, the petition of Daniel Fox, made a further report; which was read and ordered to lie for consideration.

The following Messages were received from the
PRESIDENT OF THE UNITED STATES:
Gentlemen of the Senate,

and of the House of Representatives:

I now enclose sundry documents supplementary to those communicated to you with my Message at the commencement of the session. Two others, of consid 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 as soon as they can be completed. DEC. 22, 1801.

Gentlemen of the Senate,

TH: JEFFERSON.

and of the House of Representatives: Another return of the census of the State of Marywhich he desires may be substituted as more correct land is just received from the Marshal of that State, than the one first returned by him and communicated by me to Congress. This new return, with his letter,

The PRESIDENT laid before the Senate a report from the Secretary for the Department of Treasury, in obedience to the directions of the act supplementary to the act entitled "An act to estab-is now laid before you. lish the Treasury Department;" which was read, and ordered to be printed.

A message from the House of Representatives informed the Senate that the House have passed a resolution that the Secretary of State be directed to cause to be furnished to each member of the two Houses a copy of the laws of the sixth Congress; in which they desire the concurrence of the Senate.

The Senate took into consideration the report of the joint committee, made on the 18th instant, respecting the books purchased in pursuance of a resolution of Congress of the 24th April, 1800; which report was adopted as amended, and sundry resolutions consequent thereon agreed to.

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DEC. 23, 1801.

TH: JEFFERSON.

The Message and papers therein referred to were read, and severally ordered to lie for consideration.

THURSDAY, December 24.

The bill authorizing the discharge of Laurance Erb from his confinement was read the second time, and committed to Messrs. ANDERSON, TRACY, and BRADLEY, to consider and report thereon.

The PRESIDENT laid before the Senate a report of the Postmaster General, in obedience to the "Act to establish the Post Office;" which was read, and ordered to lie for consideration.

The bill, sent from the House of Representatives for concurrence, extending the privilege of franking letters to the delegate from the Mississippi Territory, and making provision for his compensation,

was read the second time, and the further consideration thereof postponed until Monday next.

MONDAY, December 28.

JOHN EWING COLHOUN, appointed a Senator by the Legislature of the State of South Carolina,

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produced his credentials, was qualified, and took his seat in the Senate.

On motion, it was agreed that the bill extending the privilege of franking letters to the delegate from the Mississippi Territory, and making provision for his compensation, which was the order of the day, be postponed to the 12th of January next.

TUESDAY, December 29.

SENATE.

REPORTING THE DEBATES. The PRESIDENT laid before the Senate a letter signed Samuel H. Smith, stating that he was desirous of taking notes of the proceedings of the Senate, in such manner as to render them correct: Whereupon,

Resolved, That any stenographer desirous to take the debates of the Senate on Legislative 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.

WEDNESDAY, December 30.

Mr. TRACY gave notice that he should, to-morrow, ask leave to bring in a bill to carry into effect the appropriations of land in the purchase of the Ohio company, in the Northwestern Territory, for the support of schools and religion, and for other purposes.

THURSDAY, December 31.

Mr. BRECKENRIDGE presented the petition of Isaac Zane, stating that he was made a prisoner at the age of nine years by the Wyandot Indians, with whom he remained until he became of age; had a family by a woman of that nation, and a tract of land was assigned him by the said nation, on a branch of the Great Miami, and which tract of land was ceded to the United States by a recent treaty with the said Wyandot Indians, and praying such relief as may be deemed equitable; and the petition was read, and committed to Messrs. BRECKENRIDGE, TRACY, and OGDEN, to consider and report thereon.

A message from the House of Representatives informed the Senate that the House disagree to the resolutions of the Senate respecting the books and maps purchased pursuant to a resolution of Congress of the 24th of April, 1800. They have passed a bill concerning the library for the use of both Houses of Congress, in which they desire the concurrence of the Senate.

The bill was twice read by unanimous consent, and committed to Messrs. TRACY, LOGAN, and DAYTON, to consider and report thereon.

The Senate took into consideration the motion made on the 16th instant respecting Lieutenant Sterret, commander of the United States schooner Enterprize; which motion was amended and agreed to, and sundry resolutions adopted accordingly.

MONDAY, January 4, 1802.

Mr. BRECKENRIDGE notified the Senate that he should, on Wednesday next, move for the order of the day on that part of the Message of the President of the United States of the 8th of December last, which respects the judiciary system.

TUESDAY, January 5.

And, on motion to reconsider the above resolution, it passed in the affirmative-yeas 17, nays 9. YEAS-Messrs. Anderson, Breckenridge, Cocke, DayJonathan Mason, Morris, Ogden, Olcott, Sumter, Tracy, ton, Ellery, Dwight Foster, Hillhouse, Howard, Logan, White, and Wright.

NAYS-Messrs. Baldwin, Brown, Chipman, T. Foster, Franklin, Jackson, Nicholas, Sheafe, and Stone.

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On motion, to amend the resolution, by adding, after the word stenographer, "He having given bond in the sum of with two sufficient sureties, in the sum of each, for his good conduct," it passed in the negative-yeas 10, nays 18, as follows:

YEAS-Messrs. Chipman, Dayton, Dwight Foster, Hillhouse, Howard, Morris, Ogden, Olcott, Sheafe, and Tracy.

NAYS-Messrs. Anderson, Baldwin, Breckenridge, Brown, Cocke, Colhoun, Ellery, T. Foster, Franklin, Jackson, Logan, S. T. Mason, J. Mason, Nicholas, Stone, Sumter, White, and Wright.

On motion, to agree to the original resolution, amended by adding the words " or note-taker," after the words stenographer, it passed in the affirmative yeas 16, nays 12, as follows:

YEAS-Messrs. Anderson, Baldwin, Breckenridge, Brown, Cocke, Colhoun, Ellery, T. Foster, Franklin, Jackson, Logan, S. T. Mason, Nicholas, Stone, Sumter, and Wright.

NAYS-Messrs. Chipman, Dayton, Dwight Foster, Hillhouse, Howard, J. Mason, Morris, Ogden, Olcott, Sheafe, Tracy, and White.

So it was Resolved, That any stenographer, or note-taker, desirous to take the debates of the Senate on Legislative business, may be admitted for that purpose at such place, within the area of the Senate Chamber, as the President shall allot.*

[From the National Intelligencer of Jan. 8, 1802.] *On Monday last the editor addressed a letter to the President of the Senate, requesting permission to occupy a position in the lower area of the Senate Chamber, for the purpose of taking with correctness the debates and proceedings of that body.

It may be necessary to remark that heretofore no stenographer has been admitted in this area; and the upper gallery, being open to the admission of every one, and very remote from the floor of the House, has prevented any attempt being made to take the debates, from the impossibility of hearing distinctly from it.

The contents of the letter were submitted by the President to the Senate; and a resolution agreed to, to the following effect: Resolved, That any stenographer, de

Mr. 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

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