PROCEEDINGS AND DEBATES

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE NINTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, DECEMBER 2, 1805.

MONDAY, December 2, 1805.

The first session of the Ninth Congress, conformably to the Constitution of the United States, commenced this day, at the City of Washington,

and the Senate assembled.

PRESENT:

WILLIAM PLUMER and NICHOLAS GILMAN, from New Hampshire.

JOHN QUINCY ADAMS and TIMOTHY PICKERING, from Massachusetts.

JAMES HILLHOUSE, and URIAH TRACY, from
Connecticut.

JAMES FENNER, from Rhode Island.
STEPHEN R. BRADLEY and ISRAEL SMITH, from
Vermont.

SAMUEL L. MITCHILL, from New York.
JOHN CONDIT and AARON KITCHEL, from New
Jersey.

GEORGE LOGAN and SAMUEL MACLAY, from
Pennsylvania.

SAMUEL WHITE, from Delaware.
SAMUEL SMITH, from Maryland.
DAVID STONE, from North Carolina.

of March last; of AARON KITCHEL, appointed a Senator by the Legislature of the State of New Jersey, to serve during the term limited by the Constitution; of TIMOTHY PICKERING, appointed a Senator by the Legislature of the State of Massachusetts, for the term of six years, to commence on the 4th day of March last; of DANIEL SMITH, appointed a Senator by the Legislature of the State of Tennessee, for the term of six years, from the 3d of March last; and of BUCKNER THRUSTON, appointed a Senator by the Legislature of the State of Kentucky.

The oath was administered by the President to the following Senators, as the law prescribes: Mr. BALDWIN, Mr. FENNER, Mr. GILMAN, Mr. KITCHEL, Mr. PICKERING, and Mr. SMITH, of Tennessee; also, to Mr. SUMTER, appointed a Senator by the Legislature of the State of South Carolina, for the term of six years, commencing on the 4th day of March last.

Ordered, That the Secretary wait on the President of the United States, and acquaint him that a quorum of the Senate is assembled, and that, in the absence of the Vice President, they have

THOMAS SUMTER and JOHN GAILLARD, from elected the honorable SAMUEL SMITH President

South Carolina.

ABRAHAM BALDWIN, from Georgia. DAVID SMITH, from Tennessee. THOMAS WORTHINGTON, from Ohio. The VICE PRESIDENT being absent, the Senate proceeded to the election of a President pro tem., as the Constitution provides, and the honorable SAMUEL SMITH was appointed.

The credentials of the following Senators were read, viz:

Of ABRAHAM BALDWIN, appointed a Senator by the Legislature of the State of Georgia, for the term of six years, from the 3d day of March last; of JAMES A. BAYARD, appointed a Senator by the Legislature of the State of Delaware, for the term of six years, from the 3d day of March last; of JAMES FENNER, appointed a Senator by the Legislature of the State of Rhode Island, for the term of six years, from the 3d day of March last; of NICHOLAS GILMAN, appointed a Senator by the Legislature of the State of New Hampshire, for the term of six years, from the 3d day

of the Senate pro tempore.

Ordered, That the Secretary make a like communication to the House of Representatives.

Ordered, That Messrs. SUMTER and MITCHILL be a committee, on the part of the Senate, with such committee as the House of Representatives may appoint on their part, to wait on the President of the United States and notify him that a quorum of the two Houses is assembled, and ready to receive any communication that he may be pleased to make to them.

Resolved, That each Senator be supplied during the present session with three such newspapers, printed in any of the States, as he may choose, provided that the same be furnished at the usual rate for the annual charge of such papers.

Resolved, That JAMES MATHERS, Sergeant-atArms and Doorkeeper to the Senate, be, and he is hereby, authorized to employ one assistant and two horses, for the purpose of performing such services as are usually required by the Doorkeeper to the Senate; and that the sum of twenty-eight

dollars be allowed him weekly for that purpose during the session, and for twenty days after. Resolved, That two Chaplains, of different denominations, be appointed to Congress, for the present session, one by each House, who shall terchange weekly.

Ordered, That the Secretary desire the concurrence of the House of Representatives in this

resolution.

TUESDAY, December 3. JOSEPH ANDERSON, from the State of Tennessee; BUCKNER THRUSTON, from the State of Kentucky; and ROBERT WRIGHT, from the State of Maryland, attended.

DECEMBER, 1805.

municable in the country, either by persons under the disease, or by goods carried from diseased places; that its access is with the autumn, and it disappears with the early frosts. These restrictions, within narrow in-limits of time and space, give security even to our maritime cities during three-fourths of the year, and to the country always. Although from these facts it appears unnecessary, yet to satisfy the fears of foreign nations, and cautions on their part, not to be complained of in a danger whose limits are yet unknown to them, I have strictly enjoined on the officers at the head of the customs to certify, with exact truth, for every vessel sailing for a foreign port, the state of health respecting sails. Under every motive from character and duty to this fever which prevails at the place from which she certify the truth, I have no doubt they have faithfully executed this injunction, Much real injury has, however, been sustained from a propensity to identify with this endemic, and to call by the same name, fevers of very different kinds, which have been known at all times and in all countries, and never have been placed among those deemed contagious. As we advance in our knowledge of this disease, as facts develop the source from which individuals receive it, the State authorities charged with the care of the public health, and Congress with that of the general commerce, will be come able to regulate with effect their respective functions in these departments. The burden of quaran tines is felt at hoine as well as abroad; their efficacy States should be found to need no present revisal by merits examination. Although the health laws of the Congress, yet commerce claims that their attention be

A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled, and have appointed NATHANIEL MACON, Esq., one of the Representatives for North Carolina, their Speaker, and are ready to proceed to business. The House of Representatives have appointed a committee on their part, jointly, with the committee appointed on the part of the Senate, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them. The House of Representatives agree to the resolution of the Senate for the appointment of two Chaplains.

Mr. SUMTER reported, from the committee appointed yesterday to wait on the President of the United States, that they had performed the service, and that the President of the United States

informed the committee that he would make his

communications to the two Houses at twelve o'clock this day.

The oath prescribed by law was administered to Mr. THRUSTON.

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

of the United States of America :

ever awake to them.

Since our last meeting the aspect of our foreign relations has considerably changed. Our coasts have

been infested, and our harbors watched, by private

armed vessels, some of them without commissions, some with illegal commissions, others with those of

legal form, but committing piratical acts beyond the authority of their commissions. They have captured, in the very entrance of our harbors, as well as on the high seas, not only the vessels of our friends coming to trade with us, but our own also. They have carried them off under pretence of legal adjudica tion; but, not daring to approach a court of justice, they have plundered and sunk them by the way, or in At a moment when the nations of Europe are in obscure places, where no evidence could arise against commotion, and arming against each other, and when them; maltreated the crews, and abandoned them in those with whom we have principal intercourse are en- boats in the open sea, or on desert shores, without food gaged in the general contest, and when the coun- or covering. These enormities appearing to be untenance of some of them towards our peaceable reached by any control of their Sovereigns, I found it country threatens that even that may not be unaf- necessary to equip a force to cruise within our own fected by what is passing on the general theatre, a seas, to arrest all vessels of these descriptions found meeting of the Representatives of the nation in both hovering on our coasts, within the limits of the Gulf Houses of Congress has become more than usually de-Stream, and to bring the offenders in for trial as pisirable. Coming from every section of our country rates.

they bring with them the sentiments and the informa- The same system of hovering on our coasts and hartion of the whole, and will be enabled to give a direc-bors, under color of seeking enemies, has been also tion to the public affairs, which the will and the wisdom of the whole will approve and support.

In taking a view of the state of our country, we, in the first place, notice the late affliction of two of our cities under the fatal fever which, in latter times, has occasionally visited our shores. Providence, in his goodness, gave it an early termination on this occasion, and lessened the number of victims which have usually fallen before it. In the course of the several visitations by this disease, it has appeared that it is strictly local, incident to cities and on the tide waters only, incom

carried on by public armed ships, to the great annoyance and oppression of our commerce. New principles, too, have been interpolated into the law of nations, founded neither in justice nor the usage or acknowledgment of nations. According to these, a belligerent takes to itself a commerce with its own enemy which it denies to a neutral, on the ground of its aiding that enemy in the war. But reason revolts at such an inconsistency, and the neutral, having equal right with the belligerent to decide the question, the interests of our constituents, and the duty of maintain

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Proceedings.

December, 1805.

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ing the authority of reason, the only umpire between younger portions, unencumbered with the old and those just nations, impose on us the obligation of providing having families. Upwards of three hundred thousand an effectual and determined opposition to a doctrine so able bodied men, between the ages of eighteen and injurious to the rights of peaceable nations. Indeed, twenty-six years, which the last census shows we may the confidence we ought to have in the justice of others now count within our limits, will furnish a competent still countenances the hope that a sounder view of those number for offence or defence, in any point where they rights will, of itself, induce from every belligerent a may be wanted, and will give time for raising regular more correct observance of them.

forces after the necessity of them shall become certain; With Spain, our negotiations for a settlement of dif- and the reducing to the early period of life all its active ferences have not had a satisfactory issue. Spoliations service cannot but be desirable to our younger citizens, during a former war, for which she had formally of the present as well as future times, inasmuch as it acknowledged herself responsible, have been refused engages to them in more advanced age a quiet and to be compensated but on conditions affecting other undisturbed repose in the bosom of their families. I claims in nowise connected with them. Yet the same

cannot, then, but earnestly recommend to your early practices are renewed in the present war, and are al consideration the expediency of so modifying our militia ready of great amount. On the Mobile, our commerce system as, by a separation of the more active part from passing through that river continues to be obstructed that which is less so, we may draw from it, when neby arbitrary duties and vexatious searches. Proposi- cessary, an efficient corps, fit for real and active service, tions for adjusting amicably the boundaries of Louisi- and to be called to it in regular rotation. ana have not been acceded to. While, however, the Considerable provision has been made, under former right is unsettled, we have avoided changing the state authorities from Congress, of materials for the conof things by taking new posts, or strengthening our

struction of ships of war of seventy-four guns. These selves in the disputed territories, in the hope that the materials are on hand, subject to the further will of the other Power would not, by

contrary conduct, oblige Legislature. us to meet their example, and endanger conflicts of au

An immediate prohibition of the exportation of amthority the issue of which may not be easily controlled. munition is also submitted to your determination. But in this hope we have now reason to lessen our con

Turning from these unpleasant views of violence and fidence. Inroads have been recently made into the wrong, I congratulate you on the liberation of our territories of Orleans and Mississippi, vur citizens have fellow-citizens who were stranded on the coast of been seized and their property plundered in the very Tripoli and made prisoners of war. In a Government parts of the former which had been actually delivered bottomed on the will of all, the life and liberty of every up by Spain, and this by the regular officers and sol- individual citizen become interesting to all. In the diers of that Government. I have, therefore, found it treaty, therefore, which has concluded our warfare with necessary, at length, to give orders to our troops on

that State, an article for the ransom of our citizens has that frontier to be in readiness to protect our citizens, been agreed to. An operation by land, by a small and to repel by arms any similar aggressions in future. band of our countrymen, and others engaged for the Other details, necessary for your full information of the occasion, in conjunction with the troops of the exstate of things between this country and that, shall be bashaw of that country, gallantly conducted by our late the subject of another communication. In reviewing Consul Eaton, and their successful enterprise on the city these injuries from some of the belligerent Powers, the of Derne, contributed, doubtless, to the impression which moderation, the firmness, and the wisdom, of the Le- produced peace; and the conclusion of this, prevented gislature will all be called into action. We ought opportunities of which the officers and men of our still to hope that time and a more correct estimate of squadron, destined for Tripoli, would have availed interest, as well as of character, will produce the jus- themselves to emulate the acts of valor exhibited by tice we are bound to expect. But should any nation their brethren in the attack of the last year. Retlectdeceive itself by false calculations, and disappoint that ing with high satisfaction on the distinguished bravery expectation, we must join in the unprofitable contest displayed, whenever occasions permitted, in the late of trying which party can do the other the most harm. Mediterranean service, I think it would be an usefu Some of these injuries may, perhaps, admit a peaceable encouragement as well as a just reward, to make ar remedy. Where that is competent it is always the opening for some present promotion, by enlarging ou most desirable. But some of them are of a nature to peace establishment of captains and lieutenants. be met by force only, and all of them may lead to it.

With Tunis some misunderstandings have ariser I cannot, therefore, but recommend such preparations not yet sufficiently explained, but friendly discussion as circumstances call for. The first object is to place with their Ambassador, recently arrived, and a mutu our seaport towns out of the danger of insult. Meas- disposition to do whatever is just and reasonable, ca ures have already been taken for furnishing them with not fail of dissipating these. So that we may consid heavy cannon for the service of such land batteries our peace on that coast, generally, to be on as sound as may make a part of their defence against armed footing as it has been at any preceding time. Still vessels approaching them. In aid of these, it is desira- will not be expedient to withdraw, immediately, t ble we should have a competent number of gunboats, whole of our force from that sea. and the number to be competent must be considerable. The law providing for a Naval Peace Establishme

If immediately begun, they may be in readiness for service fixes the number of frigates which shall be kept at the opening of the next season. Whether it will be constant service in time of peace, and prescribes t necessary to augment our land forces will be decided they shall be manned by not more than two-thirds by occurrences probably in the course of your session. their complement of seamen and ordinary seam In the mean time, you will consider whether it would Whether a frigate may be trusted to two-thirds not be expedient, for a state of peace as well as of war, of her proper complement of men, must depend on so to organize or class the militia as would enable us, nature of the service on which she is ordered. 1 on any sudden emergency, to call for the services of the may sometimes for her safety, as well as to insure

SENATE.

Proceedings.

DECEMBER, 1805.

object, require her fullest complement. In adverting claims of our citizens, assumed by the convention with to this subject, Congress will, perhaps, consider whe- France. We have not, however, made use of this auther the best limitation on the Executive discretion in thority ; because, the sum of four millions and an half. this case, would not be by the number of seamen which which remained in the Treasury on the same 30th day may be employed in the whole service, rather than by of September last, with the receipts which we may cal. the number of vessels. Occasions oftener arise for the culate on for the ensuing year, besides paying the an. employment of small than of large vessels, and it would nual sum of eight millions of dollars, appropriated to lessen risk as well as expense, to be authorized to em- the funded debt, ard meeting all the current demands ploy them of preference. The limitation suggested by which may be expected, will enable us to pay the the number of seamen would admit a selection of ves- whole sum of three millions seven hundred and fifty sels best adapted to the service.

thousand dollars, assumed by the French convention, Our Indian neighbors are advancing, many of them, and still leave us a surplus of nearly a million of dollars with spirit, and others beginning to engage in the pur- at our free disposal. Should you concur in the provis. suits of agriculture and household manufacture. They ions of arms and armed vessels, recommended by the are becoming sensible that the earth yields subsistence circumstances of the times, this surplus will furnish the with less labor and more certainty, than the forest, means of doing so. and find it their interest, from time to time, to dispose

On the first occasion of addressing Congress, since, of parts of their surplus and waste lands for the means by the choice of my constituents, I have entered on a of improving those they occupy, and of subsisting their second term of administration, I embrace the opportufamilies while they are preparing their farms. Since nity to give this public assurance, that I will exert my your last session, the northern tribes have sold to us best endeavors to administer faithfully the Executive the lands between the Connecticut Reserve and the Department, and will zealously co-operate with you in former Indian boundary, and those on the Ohio, from every measure which may tend to secure the liberty, the same boundary to the Rapids, and for a considera- property, and personal safety, of our fellow-citizens, ble depth inland. The Chickasaws and Cherokees and to consolidate the republican forins and principles have sold us the country between and adjacent to the of our Government. two districts of Tennessee, and the Creeks the residue In the course of your session, you shall receive all of their lands in the fork of Ocmulgee, up to the Ulco- the aid which I can give, for the despatch of public fauhatche. The three former purchases are important, business, and all the information necessary for your inasmuch as they consolidate disjoined parts of our deliberations, of which the interests of our own country, settled country, and render their intercourse secure; and the confidence reposed in us by others, will admit and the second particularly so, as, with the small point a communication.

TH. JEFFERSON, on the river, which we expect is by this time ceded by

DECEMBER 3, 1805. the Piankeshaws, it completes our possession of the The Message was read and three hundred copies whole of both banks of the Ohio, from its source to thereof ordered to be printed for the use of the near its mouth, and the navigation of that river is Senate. thereby rendered forever safe to our citizens settled and settling on its extensive waters. The purchase from the Creeks too has been for some time particularly in

Wednesday, December 4. teresting to the State of Georgia.

On motion that it be The several treaties which have been mentioned will Resolved, That a committee be appointed to exambe submitted to both Houses of Congress for the exer- ine the act, entitled "An act, to enable the people of cise of their respective functions.

the eastern division of the Territory Northwest of the Deputations, now on their way to the seat of Gov- river Ohio, to form a constitution and State govern. ernment, from various nations of Indians inhabiting ment, and for the admission of such State into the the Missouri and other parts beyond the Mississippi, come Union, on an equal footing with the original States, charged with assurances of their satisfaction with the new and for other purposes;" and that they have leave to relations in which they are placed with us, of their dispo- report, by bill or otherwise, the manner, in their opinsitions to cultivate our peace and friendship, and their de- ion, the money appropriated by the said act, ought to sire to enter into commercial intercourse with us. A state be applied: of our progress in exploring the principal rivers of that

It was agreed that this motion lie for considercountry, and of the information respecting them hith-ation. erto obtained, will be communicated so soon as we shall receive some further relations which we have reason informed the Senate that the House have passed

A message from the House of Representatives shortly to expect.

a bill, entitled "An act making an additional apThe recepts at the Treasury during the year ending propriation for the Naval service, during the on the 30th day of September last, have exceeded the year one thousand eight hundred and five,” in sum of thirteen millions of dollars, which, with not which they desire the concurrence of the Senate. quite five millions in the Treasury at the beginning of the year, have enabled us, after meeting other demands,

The bill was read and ordered to the second to pay nearly two millions of the debt contracted under

reading. the British treaty and convention, upwards of four

The Senate proceeded to the election of a millions of principal of the public debt, and four mil- Chaplain, on their part, in pursuance of the resolions of interest

. These payments, with those which lution of the two Houses, and the ballots being had been made in three years and an half preceding, collected, were, for Doctor GANTT, 15; Bishop have extinguished of the funded debt nearly eighteen Claggett, 5; Mr. McCormick, 2. So the Rev. inillions of principal.

erend Doctor Gantt was elected a Chaplain 10 Congress, by their act of November 10, 1803, au- | Congress on the part of the Senate, during the thorized us to borrow $1,750,000, towards meeting the present session.

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