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BENJAMIN HOWLAND, from the State of Rhode Island, attended.
The bill, entitled "An act making an additional appropriation for the Naval service during the year one thousand eight hundred and five," was read the second time and referred to Messrs. MITCHILL, BRADLEY, and SUMTER, to consider and report thereon.
The following motion was submitted for consideration:
Resolved, That a committee be appointed to inquire into the expediency of appropriating a further sum of money to purchase maps and books for the library.
The Senate took into consideration the motion made yesterday for the appointment of a committee to examine the "Act to enable the people of the eastern division of the Territory Northwest of the river Ohio to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes;" and Messrs TRACY, ANDERSON, WORTHINGTON, ADAMS, and WRIGHT, were apponted the committee.
Mr. MITCHILL, from the committee to whom was referred this day the bill, entitled "An act making an additional appropriation for the Naval service during the year one thousand eight hundred and five," reported the bill without amend
FRIDAY, December 6.
The Senate took into consideration the mction made yesterday for the appointment of a committee to inquire into the expediency of appropriating a further sum of money to purchase maps and books for the Library; and, having agreed thereto, Messrs. MITCHILL, BALDWIN, and TRACY, were appointed the committee.
Resolved, That the committee appointed to inquire into the expediency of purchasing maps and books for the Library, be, and they are hereby, instructed to report what disposition, in their opinion, ought to be made of the one thousand volumes of laws ordered by law to be reserved for the disposal of Congress.
The PRESIDENT laid before the Senate a letter from the Secretary of the Navy, enclosing a report made in pursuance of the resolution of the Senate of yesterday.
MONDAY, December 9.
JAMES JACKSON, from the State of Georgia, attended.
JOHN ADAIR, appointed a Senator by the Legislature of the State of Kentucky, in place of JOHN BRECKENRIDGE, Esq., resigned, produced his credentials, which were read; and the oath prescribed by law having been administered, he took his seat in the Senate.
A confidential Message was received from the PRESIDENT OF THE UNITED STATES, as follows: To the Senate and House of
Representatives of the United States :
the commerce of the United States during a preceding The depredations which have been committed on war, by persons under the authority of Spain, are sufficiently known to all. These made it a duty to require from that Government indemnifications for our injured citizens; a convention was accordingly entered into between the Minister of the United States at Madrid, and the Minister of that Government for Foreign Affairs, by which it was agreed that spoliations committed by Spanish subjects, and carried into ports of Spain, should be paid for by that nation; and that those committed by French subjects, and carried into Spanish ports, should remain for further discussion. Before this convention was returned to Spain with our ratification, the transfer of Louisiana by France to the United States took place; an event as unexpected as disagreeable to Spain. From that moment she seemed to change her conduct and dispositions toward us. It France to alienate Louisiana to us; which, however, was first manifested by her protest against the right of was soon retracted, and the right confirmed: then high offence was manifested at the act of Congress establishing a collection district on the Mobile, although, by an authentic declaration, immediately made, it was expressly confined to our acknowledged limits; and she Minister, under the eye of his Sovereign, unless we now refused to ratify the convention signed by her own would consent to alterations of its terms, which would have affected our claims against her for the spoliations by French subjects carried into Spanish ports.
To obtain justice, as well as to restore friendship, I thought a special mission advisable; and accordingly appointed James Monroe, Minister Extraordinary and Plenipotentiary, to repair to Madrid, and, in conjunction with our Minister resident there, to endeavor to procure a ratification of the former convention, and to come to an understanding with Spain as to the boundaries of Louisiana. It appeared at once that her policy was to reserve herself for events, and, in the meantime, to keep our differences in an undetermined state. This will be evident from the papers now communicated to you. After nearly five months of fruitless endeavor to bring them to some definite and satisfactory result, our Ministers ended the conferences, without having been able to obtain indemnity for spoliations of any description, or any satisfaction as to the A message from the House of Representatives boundaries of Louisiana, other than a declaration that informed the Senate that the House have appoint-line to the west, was one which would have left us but we had no rights eastward of the Iberville, and that our ed the Reverend Mr. GLENDIE, a Chaplain to a string of land on that bank of the river Mississippi. Congress on their part during the present session. Our injured citizens were thus left without any prosThe bill, entitled "An act making an additional pect of retribution from the wrong-doer; and, as to appropriation for the Naval service during the boundary, each party was to take its own course. That year one thousand eight hundred and five," was which they have chosen to pursue, will appear from read the third time and passed. the documents now communicated. They authorize
The letter and report were read, and ordered to lie for consideration.
the inference that it is their intention to advance on our possessions, until they shall be repressed by an opposing force. Considering that Congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force in any degree which could be avoided. I have barely instructed the officers stationed in the neighborhood of the aggressions, to protect our citizens from violence, to patrol within the borders actually delivered to us, and not to go out of them, but, when necessary, to repel an inroad, or to rescue a citizen or his property; and the Spanish officers remaining at New Orleans are required to depart without further delay. It ought to be noted here, that since the late change in the state of affairs in Europe, Spain has ordered her cruisers and courts to respect our treaty with her.
The conduct of France, and the part she may take in the misunderstandings between the United States and Spain, are too important to be unconsidered. She was prompt and decided in her declarations, that our demands on Spain for French spoliations carried into Spanish ports were included in the settlement between the United States and France: she took at once the ground that she had acquired no right from Spain, and had meant to deliver us none, eastward of the Iberville. Her silence as to the western boundary, leaving us to infer her opinion might be against Spain in that quarter. Whatever direction she might mean to give to these differences, it does not appear that she has contemplated their proceeding to actual rupture, or that, at the date of our last advices from Paris, her Government had any suspicion of the hostile attitude Spain had taken here; on the contrary, we have reason to believe that she was disposed to effect a settlement on a plan analogous to what our Ministers had proposed, and so comprehensive as to remove, as far as possible, the grounds of future collision and controversy on the eastern as well as western side of the Mississippi.
The present crisis in Europe is favorable for pressing such a settlement, and not a moment should be lost in availing ourselves of it. Should it pass unimproved, our situation would become much more difficult. Formal war is not necessary-it is not probable it will follow; but the protection of our citizens, the spirit and honor of our country, require that force should be interposed to a certain degree. It will probably contribute to advance the object of peace.
But the course to be pursued will require the command of means which it belongs to Congress exclusively to yield or to deny. To them I communicate every fact material for their information, and the documents necessary to enable them to judge for themselves. To their wisdom, then, I look for the course I am to pursue; and will pursue, with sincere zeal, that which they shall approve.
DECEMBER 6, 1805. The Message was read, and ordered to lie for consideration.
TUESDAY, December 10.
ANDREW MOORE, from the State of Virginia, attended.
PRESIDENT OF THE UNITED STATES:
Representatives of the United States:
The enclosed documents relating to my Message of the 6th instant, not being ready at that date, I thought it better not to detain the Message, but to communicate these papers afterward as supplementary to those then sent. They are not of a nature to be deemed confidential. TH. JEFFERSON.
DECEMBER 10, 1805.
The Message and documents were read, and ordered to lie for consideration.
WEDNESDAY, December 11.
The Senate spent the day in the consideration of Executive business.
THURSDAY, December 12.
Monday next, move for leave to bring in a bill to Mr. BRADLEY gave notice that he should, on prohibit the importation of certain persons therein described, into any port or place within the jurisdiction of the United States, from and after the first day of January, which will be in the year of our Lord 1808.
A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act prohibiting for a limited time the exportation of arms and ammunition from the United States and the Territories thereof," in which they desire the concurrence of the Senate.
The bill mentioned in the message was read, and ordered to a second reading.
FRIDAY, December 13.
The bill, entitled "An act prohibiting for a limited time the exportation of arms and ammunition from the United States and the Territories thereof," was read the second time, and referred to Messrs. BRADLEY, BALDWIN, and JACKSON, to consider and report thereon.
MONDAY, December 16.
GEORGE CLINTON, Vice President of the United States and President of the Senate, attended. JOHN SMITH, from the State of Ohio, also attended.
A message from the House of Representatives The PRESIDENT laid before the Senate a letter informed the Senate that the House have apfrom the Secretary of the Treasury, enclosing the pointed the Rev. Mr. LAURIE, Chaplain to Conannual report prepared in obedience to the act, gress, on their part, during the present session, in entitled "An act to establish the Treasury De-place of the Rev. Mr. GLENDIE, who has declined partment."
The report was read, and ordered to lie for consideration.
And on motion, the House adjourned.
Agreeably to notice given, on the 12th instant, Mr. BRADLEY asked leave to bring in a bill to prohibit the importation of slaves into any port or
place within the jurisdiction of the United States, from and after the first day of January, 1808.
TUESDAY, December 17.
The Senate resumed the motion made yesterday, for leave to bring in a bill to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, 1808; and, after debate, the previous question was moved for, to wit: Shall the main question be now put? And the yeas and nays being required by one-fifth of the Senators present, on th previous question, it passed in the affirmative-yeas 16, nays 11, as follows:
YEAS-Messrs. Anderson, Bradley, Condit, Fenner, Howland, Kitchel, Logan, Maclay, Mitchill, Plumer, Smith of Maryland, Smith of Tennessee, Smith of Vermont, Stone, Thruston, and Worthington. NAYS-Messrs. Adair, Adams, Baldwin, Gaillard, Gilman, Jackson, Moore, Pickering, Sumter, Tracy,
a bill, entitled "An act to make provision for persons that have been disabled by known wounds received in the actual service of the United States, during the Revolutionary war;" also a bill, entitled An act supplementary to the act, entitled An act regulating the grants of land appropriated for the refugees from the British Provinces of Canada and Nova Scotia ;" in which bills they desire the concurrence of the Senate.
The bills last mentioned were read and ordered to the second reading.
PROCEEDS OF PUBLIC LANDS.
Mr. TRACY, from the committee to whom was referred the examination of the act, entitled "An act to enable the people of the eastern division of the Territory Northwest of the river Ohio, to form a constitution and State government; and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes;" and to report the manner, in their opinion, the money appropriated by said act ought to be applied, made the following report, which was ordered to lie for consid
And the yeas and nays being required, on the main question, by one-fifth of the Senators pres-eration: ent. it passed in the affirmative-yeas 18, nays 9, as follows:
YEAS-Messrs. Anderson, Bradley, Condit, Fenner,
NAYS-Messrs, Adair, Adams, Baldwin, Gaillard,
WEDNESDAY, December 18.
A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of Theodorick Armistead," in which they ask the concurrence of the Senate.
The bill was read, and ordered to the second reading.
Mr. LOGAN gave notice that he should to-morrow ask leave to bring in a bill to suspend the commercial intercourse between the United States of America and the French Island of St. Domingo.
On motion, the bill to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord 1808, was read the second time, and the further consideration of the bill was postponed to the first Monday in December next.
THURSDAY, December 19.
The bill, entitled "An act for the relief of Theodorick Armistead," was read the second time, and referred to Messrs. TRACY, BALDWIN, and ANDERSON, to consider and report thereon.
A message from the House of Representatives informed the Senate that the House have passed
That, upon examination of the act aforesaid, they find the one-twentieth part of five per cent. of the net proceeds of the lands lying within the State of Ohio, and sold by Congress from and after the 30th day of June, 1802, is appropriated for the laying out and making public roads, leading from the navigable waters emptying into the Atlantic, to the river Ohio, to said State, and through the same: such roads to be laid out under the authority of Congress, with the consent of the several States through which the road shall pass.
They find that, by a subsequent law passed on the 3d day of March, 1803, Congress appropriated three per cent. of the said five per cent. to laying out and making roads within the State of Ohio, leaving two per cent. of the appropriation contained in the first-mentioned law, unexpended; which now remains for "the laying out and making roads from the navigable waters emptying into the Atlantic, to the river Ohio, to said State."
They find that the net proceeds of sales of land in the State of Ohio, from July 1, 1802, to June 30, 1803, both inclusive, was
From 1st July, 1803, to June 30, 1804 From 1st July, 1804, to June 30, 1805 From 1st July, 1805, to September 30, 1805
Amounting in the whole, to
176,203 35 266,000 00
66,000 00 $632,604 27
Two per cent. on which sum amounts to $12,652. Twelve thousand six hundred and fifty-two dollars were, therefore, on the first day of October last, subject to the uses directed by law, as mentioned in this report-and it will be discerned that the fund is constantly accumulating, and will, probably, by the time regular preparations can be made for its expenditure, amount to eighteen or twenty thousand dollars.
The committee have examined, as far as their limited time, and the scanty sources of facts within their reach would permit, the various routes which have been contemplated for laying out roads pursuant to the provisions of the act first mentioned in this report.
They find that the distance from Philadelphia to Pittsburg is three hundred and fourteen miles by the usual route, and on a straight line about two hundred and seventy.
From Philadelphia to the nearest point on the river Ohio, contiguous to the State of Ohio, which is probably between Steubenville and the mouth of Grave creek, the distance by the usual route is three hundred and sixty miles, and on a straight line, about three hundred and eight.
From Baltimore to the river Ohio, between the same points, and by the usual routes, is two hundred and seventy-five miles, and on a straight line, two hundred and twenty-four.
From this city, (Washington,) to the same points on the river Ohio, the distance is nearly the same as from Baltimore; probably the difference is not a plurality of miles.
From Richmond, in Virginia, to the nearest point on the river Ohio, the distance by the usual route is three hundred and seventy-seven miles; but new roads are opening which will shorten the distance fifty or sixty miles-two hundred and forty-seven miles of the contemplated road, from Richmond northwesterly, will be as good as the roads usually are in that country, but the remaining seventy or eighty miles are bad, for the present, and probably will remain so for a length of time, as there seems to be no existing inducement for the State of Virginia to incur the expense of making that part of the road passable.
From Baltimore to the Monongahela river, where the route from Baltimore to the Ohio river will intersect it, the distance, as usually travelled, is two hundred and eighteen miles, and on a straight line about one hundred and eighty-four. From this point, which is at or near Brownsville, boats can pass down with great facility to the State of Ohio, during a number of months in every year.
The above distances are not all stated from actual mensuration, but it is believed they are sufficiently correct for the present purpose.
tions on this or other routes, and an increase of the requisite fund, as the discoveries of experience may point out their expediency and necessity. The committee being fully convinced that a wise Government can never lose sight of an object so important as that of connecting a numerous and rapidly increasing population, spread upon a fertile and extensive country, with the Atlantic States, now separated from them by mountains, which, by industry and an expense moderate in comparison with the advantages, can be rendered passable.
The route from Richmond must necessarily approach the State of Ohio, in a part thinly inhabited; and which, from the nature of the soil, and other circumstances, must remain so, at least for a considerable time; and from the hilly and rough condition of the country, no roads are, or can can be, conveniently made leading to the principal population of the State of Ohio. These considerations have induced the committee to postpone, for the present, any further consideration of that route.
The spirit and perseverance of Pennsylvania are such, in the article of road-making, that no doubt can remain but they will, in a little time, complete a road from Philadelphia to Pittsburg, as good as the nature of the ground will permit. They are so particularly interested to facilitate the intercourse between their trading capital, Philadelphia, not only to Pittsburg, but also to the extensive country, within that State, on the Western waters, that they will of course surmount the difficulties presented by the Alleghany mountain, Chesnut Ridge, and Laurel Hill, the three great and almost exclusive impediments, which now exist on that route.
The State of Maryland, with no less spirit and perseverance, are engaged in making roads from Baltimore, and from the western boundary of the District of Columbia, through Fredericktown to Williamsport. Were the Government of the United States to direct the expenditure of the fund in contemplation upon either of these routes, for the present, in Pennsylvania or Maryland, it would probably so far interfere with the obserThe committee have not examined any routes north-vations of the respective States, as to produce mischief ward of that leading from Philadelphia to the river Ohio, nor southward of that leading from Richmond, because they suppose the roads to be laid out must strike the river Ohio on some point contiguous to the State of Ohio, in order to satisfy the words of the law making the appropriation; the words are, "leading from the navigahle waters emptying into the Atlantic, to the river Ohio, to the said State, and through the same."
The mercantile intercourse of the citizens of Ohio, with those of the Atlantic States, is chiefly in Philadelphia and Baltimore; not very extensive in the towns on the Potomac within the District of Columbia; and still less, with Richmond, in Virginia. At present, the greatest portion of their trade is with Philadelphia; but it is believed their trade is rapidly increasing with Baltimore, owing to the difference of distance in favor of Baltimore, and to the advantage of boating down the Monongahela river, from the point where the road strikes it, about seventy miles by water, and fifty by land, above Pittsburg,
The sum appropriated for laying out and making roads is so small, that the committee have thought it most expedient to direct an expenditure to one route only; they have therefore endeavored to fix on that which, for the present, will be most accommodating to the citizens of the State of Ohio, leaving to the future benevolence and policy of Congress, an extension of their opera
instead of benefit; especially as the sum to be laid out by the United States is too inconsiderable, alone, to effect objects of such magnitude. But as the State of Maryland have no particular interest to extend their road across the mountains; and if they had it, it would be impracticable, because the State does not extend so far; the committee have thought it expedient to recommend the laying out and making a road from Cumberland, on the northerly bank of the Potomac, and within the State of Maryland, to the river Ohio, at the most convenient place between a point on the easterly bank of said river, opposite to Steubenville and the mouth of Grave creek, which empties into said river Ohio, a little below Wheeling, in Virginia. This route will meet and accommodate the roads leading from Baltimore and the District of Columbia; it will cross the Monongahela river, at or near Brownsville, sometimes called Redstone, where the advantage of boating can be taken, and from the point where it will probably intersect the river Ohio, there are now roads, or they can easily be made over feasible and proper ground, to and through the principal population of the State of Ohio.
Cumberland is situated at the eastern foot of the Alleghany mountains, about eighty miles from Williamsport by the usual route, which is circuitous, owing to a large bend in the Potomac, on the bank of which the road now runs; the distance on a straight line is not
more than fifty or fifty-five miles, over tolerable ground for a road, which will probably be opened by the State of Maryland, should the route be established over the mountains as contemplated by this report.
From Cumberland to the western extremity of Laurel Hill, by the route now travelled, the distance is sixty-six miles, and on a straight line about fifty-five; on this part of the route, the committee suppose the first and very considerable expenditures are specially necessary. From Laurel Hill to the Ohio river, by the usual route is about seventy miles, and on a straight line fifty-four or fifty-five; the road is tolerable, though capable of amelioration.
To carry into effect the principles arising from the foregoing facts, the committee present herewith a bill
for the consideration of the Senate. They suppose that, to take the proper measures for carrying into effect the section of the law respecting a road or roads to the State of Ohio, is a duty imposed upon Congress by the law itself, and that a sense of duty will always be sufficient to insure the passage of the bill now offered to
To enlarge upon the highly important considerations of cementing the union of our citizens located on the Western waters with those of the Atlantic States, would be an indelicacy offered to the understandings of the body to whom this report is addressed, as it might seem, to distrust them. But from the interesting nature of the subject, the committee are induced to ask the indulgence of a single observation.
Politicians have generally agreed that rivers unite the interests and promote the friendship of those who inhabit their banks; while mountains, on the contrary, tend to the disunion and estrangement of those who are separated by their intervention. In the present case,
to make the crooked ways straight, and the rough ways smooth, will, in effect, remove the intervening mountains, and by facilitating the intercourse of our Western brethren with those on the Atlantic, substantially unite them in interest, which, the committee believe, is the most effectual cement of union applicable to the human
Mr. TRACY, also, from the committee last mentioned, reported a bill to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio; and the bill was read, and ordered to the second reading.
Mr. BRADLEY Submitted the following resolutions; which were read, and ordered to lie for consideration:
Resolved, That one or more land offices be opened for the sale of the lands of the United States, on which the Indian title shall have been extinguished, in the State of Tennessee.
Resolved, That Commissioners be appointed, with ample powers, to settle all disputes relative to the lands ceded by North Carolina to the United States, and to quiet all claims, agreeable to the conditions of the cession.
Resolved, After satisfying all just claims, and the expenses incident thereto, that one- part of all the public lands belonging to the United States, within the limits aforesaid, ought to be appropriated for the use of a college or university in said State, forever; one part for the use of schools for the instruction of children, forever; and five per cent. on the net proceeds of the sales of the public lands, for the purpose of making
The bill, entitled "An act supplementary to the act, entitled 'An act regulating the grants of land appropriated for the refugees from the British Provinces of Canada and Nova Scotia," was read the second time, and referred to Messrs. BRADLEY, BALDWIN, and TRACY, to consider and report thereon.
The bill to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio, was read the second time; and the further consideration of the bill made the order of the day for Monday next.
A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to repeal so much of the act, entitled 'An act regulating foreign coins, and for other purposes, as is contained in the second section thereof;" also a bill, entitled "An act suppayment of claims of citizens of the United States plementary to the act making provision for the on the Government of France, the payment of which has been assumed by the United States, by virtue of the convention of the 30th of April, 1803, between the United States and the French Republic;" in which bills they desire the concurrence of the Senate.
The bills were read, and ordered to the second reading.
TRADE WITH ST. DOMINGO. Agreeably to notice given on the 18th instant, Mr. LOGAN asked leave to bring in a bill to suspend the commercial intercourse between the United States of America and the French island of St. Domingo.
Mr. L. observed that the attention of Congress had been called to this subject by the President of the United States, at the commencement of the last session of Congress, in the following words:
"While noticing the irregularities committed on the ocean by others, those on our own part should not be omitted, nor left unprovided for. Complaints have been received, that persons residing within the United States have taken on themselves to arm merchant vessels, and to force a commerce into certain ports and countries in defiance of the laws of those countries. That individuals should undertake to wage private war, independently of the authority of their country, cannot be permitted in a well ordered society. Its tendency to produce aggressions on the laws and rights of other nations, and to endanger the peace of our own, is so