PROCEEDINGS AND DEBATES OF THE SENATE OF THE UNITED STATES, AT THE SECOND SESSION OF THE EIGHTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, NOVEMBER 5, 1804. MONDAY, November 5, 1804. WEDNESDAY, November 7. ROBERT WRIGHT, from the State of Maryland, The second session of the Eighth Congress, conformably to the act passed at the last session, en-attended. titled "An act altering the time for the next meeting of Congress," commenced this day; and the Senate assembled at the City of Washington. JESSE FRANKLIN, from the State of North Carolina, GEORGE LOGAN, from the State of Pennsylvania, and TIMOTHY PICKERING, from the State of Massachusetts, severally attended. ANDREW MOORE, appointed a Senator by the Executive of the Commonwealth of Virginia, in place of Wilson C. Nicholas, resigned, took his seat, and his credentials were read. The PRESIDENT administered the oath to Mr. GILES and Mr. MOORE, as the law prescribes. Ordered. That the PRESIDENT be requested to notify the Executive of the State of Delaware of the resignation of Mr. Wells. No quorum being present, the Senate adjourned. Ordered, That the Secretary notify the House of Representatives that a quorum of the Senate is assembled and ready to proceed to business. A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled and ready to proCeed to business. The House of Representatives have appointed a committee on their part, jointly, with such committee as the Senate may appoint, 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 have also passed a resolution that two Chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly; in which several resolutions they desire the concurrence of the Senate. The Senate took into consideration the resolu tion of the House of Representatives for the appointment of a joint committee to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled; and concurred therein, and Messrs. SAMUEL SMITH and BALDWIN were appointed the committee on the part of the Senate. tion of the House of Representatives for the appointment of two Chaplains to Congress during the present session, and having agreed thereto, proceeded to the choice of a Chaplain on their part; and the Rev. Mr. McCORMICK was duly elected. The Senate took into consideration the resolu Mr. SAMUEL SMITH reported, from the joint committee, that they had waited on the President of the United States, agreeably to the resolution of this day, and that the President of the United States had informed the committee that he would make a communication to the two Houses tomorrow at 12 o'clock. 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. SENATE. Proceedings. NOVEMBER, 1804 Resolved, That James Mathers, Sergeant-at-mation of them by the tenor of the instrument esta Arms and Doorkeeper to the Senate, be, and he is lishing the port and district, may reasonably be e hereby, authorized to employ one additional as-pected to replace them in the dispositions and views sistant and two horses, for the purpose of perform-the whole subject which originally dictated the Co ing such services as are usually required by the vention. 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. THURSDAY, November 8. JONATHAN DAYTON, from the State of New Jersey, and JAMES HILLHOUSE, from the State of Connecticut, severally attended. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: To a people, fellow-citizens, who sincerely desire the happiness and prosperity of other nations, to those who justly calculate that their own well-being is advanced by that of the nations with which they have intercourse, it will be a satisfaction te observe, that the war which was lighted up in Europe a little before our last meeting, has not yet extended its flames to other nations, nor been marked by the calamities which sometimes stain the footsteps of war. The irregularities, too, on the ocean, which generally harass the commerce of neutral nations, have, in distant parts, disturbed ours less than on former occasions. But, in the American seas, they have been greater from peculiar causes; and even within our harbors and jurisdiction, infringements on the authority of the laws have been committed, which have called for serious attention. The friendly conduct of the Governments from whose officers and subjects these acts have proceeded, in other respects, and in places more under their observation and control, gives us confidence, that our representations on this subject will have been properly regarded. 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 aggression on the laws and rights of other nations, and to endanger the peace of our own, is so obvious that I doubt not you will adopt measures for restraining it effectually in future. Soon after the passage of the act of the last session authorizing the establishment of a district and port of entry on the waters of the Mobile, we learned that its object was misunderstood on the part of Spain. Can did explanations were immediately given, and assurances that, reserving our claims in that quarter as a subject of discussion and arrangement with Spain, no act was meditated in the meantime inconsistent with the peace and friendship existing between the two nations; and that conformably to these intentions would be the execution of the law. That Government, however, thought proper to suspend the ratification of the Convention of 1802. But the explanations which would reach them soon after, and still more the confir I have the satisfaction to inform you that the obje tions which had been urged by that Governmer na have been withdrawn; its exact limits, howeve against the validity of our title to the country of Louis remaining still to be settled between us; and to this to be added, that, having prepared and delivered th stock created in execution of the Convention of Pari of April 30, 1803, in consideration of the cession that country, we have received from the Governme of France an acknowledgment in due form of the fu filment of that stipulation. With the nations of Europe, in general, our frien ship and intercourse are undisturbed, and from t Governments of the belligerent Powers especially, continue to receive those friendly manifestations whi are justly due to an honest neutrality, and to su good offices consistent with that as we have opportu ties of rendering. The activity and success of the small force employ in the Mediterranean in the early part of the prese year, the reinforcements sent into that sea, and t energy of the officers having command in the sever vessels, will, I trust, by the sufferings of war, redu the barbarians of Tripoli to the desire of peace on p per terms. Great injury, however, ensues to ourselv as well as to others interested, from the distance which prizes must be brought for adjudication, a from the impracticability of bringing hither such are not seaworthy. The Bey of Tunis having made requisitions und thorized by our treaty, their rejection has produc from him some expressions of discontent. But to the who expect us to calculate whether a compliance w unjust demands will not cost us less than a war, must leave as a question of calculation for them; al whether to retire from unjust demands will not o them less than a war. We can do to each other v sensible injuries by war; but the mutual advantage peace make that the best interest of both. Peace and intercourse with the other Powers on same coast continue on the footing on which they established by treaty. In pursuance of the act providing for the tempor government of Louisiana, the necessary officers for Territory of Orleans were appointed in due time, commence the exercise of their functions on the i day of October. The distance, however, of some them, and indispensable previous arrangements, n have retarded its commencement in some of its par the form of government thus provided having been c sidered but as temporary, and open to such future provements as further information of the circumstan of our brethren there might suggest, it will of cou be subject to your consideration. In the district of Louisiana it has been thought to adopt the division into subordinate districts, wh had been established under its former governme These being five in number, a commanding officer been appointed to each, according to the provision the law, and so soon as they can be at their static that district will also be in its due state of organizat In the meantime their places are supplied by the cers before commanding there; and the functions the Governor and Judges of Indiana having c 13 NOVEMBER, 1804. Proceedings. menced, the government, we presume, is proceeding in its new form. The lead mines in that district offer so rich a supply of that metal as to merit attention. The report now communicated will inform you of their state and of the necessity of immediate inquiry into ther occupation and titles. With the Indian tribes established within our newly acquired limits, I have deemed it necessary to open conferences for the purpose of establishing a good unSo derstanding and neighborly relations between us. far as we have yet learned, we have reason to believe that their dispositions are generally favorable and friendly, and, with these dispositions on their part, we have in our own hands means which cannot fail us for preserving their peace and friendship. By pursuing an uniform course of justice towards them, by aiding them in all the improvements which may better their condition, and especially by establishing a commerce on terms which shall be advantageous to them, and only not losing to us; and so regulated as that no incendiaries of our own, or any other nation, may be permitted to disturb the natural effects of our just and friendly offices, we may render ourselves so necessary to their comfort and prosperity that the protection of our citizens from their disorderly members will become their interest and their voluntary care. Instead, therefore, of an augmentation of military force proportioned to our extension of frontier, I propose a moderate enlargement of the capital employed in that commerce, as a more effectual, economical, and humane instrument for preserving peace and good neighborhood with them. SENATE. petence of our finances to this defensive provision, without any new burden, are considerations which will have due weight with Congress in deciding on the expediency of adding to their number from year to year, as experience shall test their utility, until all our important harbors, by these and auxiliary means, shall be secured against insult and opposition to the laws. No circumstance has arisen since your last session which calls for any augmentation of our regular military force. Should any improvement occur in the militia system, that will be always seasonable. Accounts of the receipts and expenditures of the last year, with estimates for the ensuing one, will, as usual, be laid before you. The state of our finances continues to fulfil our expectations. Eleven millions and an half of dollars, received in the course of the year ending the 30th of September last, have enabled us, after meeting all the ordinary expenses of the year, to pay upwards of three million six hundred thousand dollars of the public debt, exclusive of interest. This payment, with those of the two preceding years, has extinguished upwards of twelve millions of the principal, and a greater sum of interest within that period; and, by a proportionate diminution of interest, renders already sensible the effect of the growing sum yearly applicable to the discharge of the principal. It is also ascertained that the revenue accrued dur ing the last year exceeds that of the preceding, and the probable receipts of the ensuing year may safely be relied on as sufficient, with the sum already in the Treasury, to meet all the current demands of the year, to On this side the Mississippi an important relinquish-discharge upwards of three millions and a half of the ment of native title has been received from the Delawares. That tribe, desiring to extinguish in their people the spirit of hunting, and to convert superfluous lands into the means of improving what they retain, has ceded to us all the country between the Wabash and Ohio, south of and including the road from the Rapids towards Vincennes; for which they are to receive annuities in animals and implements for agriculture, and in other necessaries. This acquisition is important, not only for its extent and fertility, but as fronting three hundred miles on the Ohio, and nearly half that on the Wabash, the produce of the settled country descending those rivers will no longer pass in view of the Indian frontier, but in a small portion; and, with the cession heretofore made by the Kaskaskias, nearly consolidates our possessions north of the Ohio, in a very respectable breadth, from Lake Erie to the Mississippi. The Piankeshaws having some claim to the country ceded by the Delawares, it has been thought best to quiet that by fair purchase also. So soon as the treaties on this subject shall have received their Constitutional sanctions they shall be laid before both Houses. engagements incurred under the British and French Conventions, and to advance in the further redemption of the funded debt as rapidly as had been contemplated. These, fellow-citizens, are the principal matters which I have thought it necessary, at this time, to communicate for your consideration and attention. Some others will be laid before you in the course of the session; but, in the discharge of the great duties confided to you by our country, you will take a broader view of the field of legislation. Whether the great interests of agriculture, manufactures, commerce, or navigation, can, within the pale of your Constitutional powers, be aided in any of their relations; whether laws are provided in all cases where they are wanting; whether those provided are exactly what they should be; whether any abuses take place in their administration, or in that of the public revenues; whether the organization of the public agents, or of the public force, is perfect in all its parts: In fine, whether anything can be done to advance the general good, are questions within the limits of your functions, which will necessarily occupy your attention. In these and all other matters which you in your wisdom may propose for the good of our country, you may count with assurance on my The act of Congress of February 28, 1803, for build-hearty co-operation and faithful execution. ing and employing a number of gun-boats, is now in a course of execution to the extent there provided for. The obstacle to naval enterprise which vessels of this construction offer for our seaport towns; their utility NOVEMBER 8, 1804. TH. JEFFERSON. The Message was read, and with the documents towards supporting, within our waters, the authority of therein referred to, ordered to be printed for the the laws; the promptness with which they will be use of the Senate. manned by the seamen and militia of the place in the moment they are wanting; the facility of their assembling from different parts of the coast to any point where they are required in greater force than ordinary; the economy of their maintenance and preservation from decay when not in actual service; and the com FRIDAY, November 9. THOMAS SUMTER, from the State of South Carolina, attended. A message from the House of Representatives Proceedings. ed That Messrs. TRACY, BALDWIN, and Faisy be a committee to inquire whether egues of the jaws of the United States have been pescared persoant to an act passed at the last sesBon of Congress, entitled "An act to provide for a more ressive distribution of the laws of the Lined States; and if procured, to report a mode for the disposal of those copies which are by said acc reserved for the disposal of Congress. TUESDAY, November 13. The Senate assembled, but no business was WEDNESDAY, November 14. NOVEMBER, 180 oli and destroying a Tripolitan frigate of forty four guns," in which they desire the concurrenc of the Senate. The resolution last mentioned was read an passed to the second reading. The bill, entitled "An act making a further ap propriation for carrying into effect the Treaty o Amity, Commerce, and Navigation, between His Britannic Majesty and the United States of Amer ica," was read the second time, and referred to Messrs. BALDWIN, TRACY, and LOGAN, to consider and report thereon to the Senate. WEDNESDAY, November 21. The PRESIDENT laid before the Senate a report from the Secretary for the Department of Treas ury, in obedience to the act, entitled "An act to establish the Treasury Department;" and the report was read and ordered to lie for consideration. and be printed for the use of the Senate. Mr. LOGAN presented the petition of the Directors of the Library Company of Philadelphia praying the relinquishment of the duties charged on certain books, the donation of Samuel Preston of Great Britain, to said company; and the petition The Senate assembled, but transacted no busi- was read, and ordered to lie on the table. A message from the House of Representatives informed the Senate that the House have passed ab entitled "An act making a further appropation for carrying into effect the Treaty of Amity, Commerce, and Navigation, between His Britannic Majesty and the United States of Amer4," in which they desire the concurrence of the Benate. Mr. BALDWIN, from the committee to whom was referred, on the 20th instant, the bill sent from the House of Representatives for concur. rence, entitled "An act making a further appropriation for carrying into effect the Treaty of Amity, Commerce, and Navigation, between His Britannic Majesty and the United States of America," reported it without amendment. Ordered, That this bill pass to a third reading, A message from the House of Representatives informed the Senate that the House of Repre sentatives have passed a joint resolution to authorize the President of the United States to appoint an agent to inquire into, and report on, the occupancy and titles of the lead mines in Louisiana; in which they desire the concurrence the Senate. of ond reading. THURSDAY, November 22. The bill was read, and ordered to the second reading. Mr. TRACY gave notice that he should, to-mor-expressive of the sense of Congress of the gallant The resolution of the House of Representatives row ask leave to bring in a bill for the repeal of conduct of Capt. Stephen Decatur, the officers the two first sections, and to alter and amend the and crew of the United States' ketch Intrepid. last section, of the act passed at the last session was read the second time, and referred to Messrs. of Congress, entitled "An act further to protect BRADLEY, BALDWIN, and GILES, to consider and Le commerce and seamen of the United States report thereon to the Senate. **st the Barbary Powers." The resolution of the House of Representatives to authorize the President of the United States to appoint an agent to inquire into, and report on. Louisiana, was read the second time, and referred the occupancy and titles of the lead mines in to Messrs. LOGAN, WRIGHT, and ELLERY, to consider and report thereon to the Senate. tives for concurrence, entitled "An act making a The bill sent from the House of Representafurther appropriation for carrying into effect the |