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PROCEEDINGS AND DEBATES

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE SEVENTH CONGRESS, BEGUN AT THE CITY OF

WASHINGTON, DECEMBER 7, 1801.

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Monday, December 7, 1801.

the absence of the Vice PRESIDENT, they have The first session of the Seventh Congress of elected Abraham Baldwin President of the Senthe United States commenced this day, conform

ate, pro tempore.

Ordered,' That the Secretary acquaint the ably to the Constitution, and the Senate assembled at the Capitol in the City of Washington.

House of Representatives that a quorum of the

Senate is assembled and ready to proceed to busiPRESENT:

ness, and that, in the absence of the Vice PresiTHEODORE Foster, from Rhode Island; dent, they have elected ABRAHAM Baldwin PresNATHANIEL CHIPman, from Vermont;

ident of the Senate pro tempore. William Hill Wells and Samuel WHITE, A message from the House of Representatives from Delaware;

informed the Senate that a quorum of the House John E. Howard, from Maryland;

is assembled, and have elected NATHANIEL Macon Stevens THOMPSON Mason and Wilson their Speaker, and are ready to proceed to business. CARY NICHOLAS, from Virginia;

Ordered, That Messrs. AndERSON and JackABRAHAM BALDwin, from Georgia;

son be a committee on the part of the Senate, toJoseph Anderson and William Ćocke, from gether with such committee as the House of Tennessee.

Representatives may appoint on their part, to STEPHEN R. Bradley, appointed a Senator by wait on the President of the United States and the State of Vermont, for the remainder of the notify him that a quorum of the two Houses is term for which their late Senator, Elijah Paine, assembled, and ready to receive any communicawas appointed ; John BRECKENRIDGE, appointed a tions that he may be pleased to make to them. Senator by the State of Kentucky; CHRISTOPHER A message from the House of Representatives ELLERY, appointed a Senator by the State of informed the Senate that the House agree to the Rhode Island, for the remainder of the term for resolution of the Senate for the appointment of a which their late Senator, Ray Greene, was ap- joint committee to wait on the President of the pointed; JAMES Jackson, appointed a Senator by United States, and have appointed a committee The State of Georgia ; GEORGE Logan, appointed on their part. a Senator by the Executive of the State of Penn- Resolved, That a committee be appointed to sylvania, in the place of their late Senator, Peter join such gentlemen as shall be appointed by the Muhlenberg

, resigned; Simeon Olcott, appoint- House of Representatives, to take into consideraed a Senator by the State of New Hampshire, for tion a statement made this day by the Secretary the remainder of the term for which their 'late of the Senate, respecting books and maps purSenator

, Samuel Livermore, was appointed; URI- chased in consequence of an act of Congress, passAu Tracy, appointed a Senator by the State of ed 24th April, 1800, and to make report of their Connecticut; and Robert Wright, appointed a opinion respecting the future arrangement of said Senator by the State of Maryland, severally pro- books and maps; and that Messrs. Tracy and duced their credentials, and took their seats in the Nicholas be the committee on the part of the Senate.

Senate. The Vice President being absent, the Senate Mr. ANDERSON reported, from the joint comproceeded to the election of a President pro tem- mittee, that they had waited on the President of Baldwin was chosen. pore, as the Constitution provides; and ABRAHAM the United States and acquainted him that a quo

rum of both Houses is assembled, and that the The President administered the oath, as the President of the United States informed the comlaw prescribes, to Mr. Bradley, Mr. BRECKEN- mittee that he would make a communication to RIDGE, Mr. ELLERY, Mr. Jackson, Mr. Olcott, them by message to-morrow. Mr. Tracy, and Mr. Wright, and the affirmation to Mr. Logan. Ordered, That the Secretary wait on the Pres

Tuesday, December 8. ident of the United States and acquaint him that JONATHAN DAYTON and AARON OGDEN, from a quorum of the Senate is assembled, and that, in the State of New Jersey, and Jesse FRANKLIN

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SENATE.

President's Message.

DECEMBER, 1801.

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from the State of North Carolina, severally at- to this confidence, and strengthens, at the same time, tended.

the hope that wrongs committed on unoffending friends, Resolved, That two Chaplains, of different de- under a pressure of circumstances, will now be reviewed nominations, be appointed to Congress for the with candor, and will be considered as founding just present session, one by each House, who shall claims of restribution for the past, and new assurances interchange weekly.

for the future. A message from the House of Representatives Among our Indian neighbors, also, a spirit of peace informed the Senate that the House concur in the and friendship generally prevails; and I am happy to resolution of the Senate for the appointment of a inform you that the continued efforts to introduce joint committee respecting the books and maps

among them the implements and the practice of huspurchased in pursuance of an act of Congress, of bandry, and of the household arts, have not been withthe 24th of April, 1800, and have appointed a com-sible of the superiority of this dependence for clothing

out success; that they are becoming more and more senmittee on their part. They agree to the resolution and subsistence, over the precarious resources of huntof the Senate for the appointment of two Chap-ing and fishing; and already we are able to announce lains during the present session.

that, instead of that constant diminution of their numResolved, Thai each Senator be supplied, during bers, produced by their wars and their wants, some of the present session, with three such newspapers, them begin to experience an increase of population. printed in any of the States, as he may choose, To this state of general peace with which we have provided that the same be furnished at the rate been blessed, one only exception exists. Tripoli, the usual for the annual charge of such papers. least considerable of the Barbary States, had come for

ward with demands unfounded either in right or in comPRESIDENT'S MESSAGE.

pact, and had permitted itself to denounce war, on our The following Letter and Message were re- failure to comply before a given day. The style of the ceived from the PresidENT OF THE UNITED demands admitted but one answer. I sent a small States, by Mr. Lewis, his Secretary:

squadron of frigates into the Mediterranean, with assur

ances to that Power of our sincere desire to remain in

DECEMBER 8, 1801. Sir: The circumstances under which we find our peace; but with orders to protect our commerce against

the threatened attack. The measure was seasonable selves at this place rendering inconvenient the mode and salutary. The Bey had already declared war. His heretofore practised, of making by personal address the cruisers were out. Two had arrived at Gibraltar. Our first communications between the Legislative and Executive branches, I have adopted that by Message, as that of the Atlantic in peril. The arrival of our squad

commerce in the Mediterranean was blockaded, and used on all subsequent occasions through the session.

ron dispelled the danger. One of the Tripolitan cruisIn doing this I have had principal regard to the conve

ers, having fallen in with and engaged the small schooner nience of the Legislature, to the economy of their time, Enterprize, commanded by Lieutenant Sterret, which to their relief from the embarrassment of immediate had gone as a tender to our larger vessels, was captured, answers, on subjects not yet fully before them, and to after a heavy slaughter of her men, without the loss of a the benefits thence resulting to the public affairs. single one on our part. The bravery exhibited by our Trusting that a procedure founded in these motives citizens on that element will, I trust, be a testimony to will meet their approbation, I beg leave, through you, the world that it is not the want of that virtue which sir, to communicate the enclosed Me ge, with the makes us seek their peace, but a conscientious desire to documents accompanying it, to the honorable the Sen- direct the energies of our nation to the multiplication ate, and pray you to accept, for yourself and them, the of the human race, and not to its destruction. Unauhomage of my high respect and consideration.

thorized by the Constitution, without the sanction of TH: JEFFERSON.

Congress, to go beyond the line of defence, the vessel, The Hon. the PRESIDENT OF THE SENATE.

being disabled from committing further hostilities, was Fellow-citizens of the Senate,

liberated with its crew. The Legislature will doubtless and House of Representatives :

consider whether, by authorizing measures of offence also, It is a circumstance of sincere gratification to me they will place our force on an equal footing with that that, on meeting the great council of our nation, I am of its adversaries. I communicate all material informaable to announce to them, on grounds of reasonable tion on this subject, that, in the exercise of this imporcertainty, that the wars and troubles which for so ma- tant function confided by the Constitution to the Legis. ny years afflicted our sister nations, have at length lature exclusively, their judgment may form itself on a come to an end; and that the communications of peace knowledge and consideration of every circumstance of and commerce are once more opening among them. weight. Whilst we devoutly return thanks to the beneficent I wish I could say that our situation with all the Being who has been pleased to breathe into them the other Barbary States was entirely satisfactory. Discovspirit of conciliation and forgiveness, we are bound, ering that some delays had taken place in the performwith peculiar gratitude, to be thankful to Him that our ance of certain articles stipulated by us, I thought it own peace has been preserved through so perilous a sea- my duty, by immediate measures for fulfilling them, to son, and ourselves permitted quietly to cultivate the vindicate to ourselves the right of considering the efearth, and to practice and iinprove those arts which tend fect of departure from stipulation on their side. From to increase our comforts. The assurances, indeed, of the papers which will be laid before you, you will be friendly disposition, received from all the Powers with enabled to judge whether our treaties are regarded by whom we have principal relations, had inspired a con- them as fixing at all the measure of their demands, or, fidence that our peace with them would not have been as guarding from the exercise of force our vessels withdisturbed. But a cessation of irregularities which had in their power; and to consider how far it will be safe affected the commerce of neutral nations, and of the ir- and expedient to leave our affairs with them in their presritations and injuries produced by them, cannot but add 'ent posture.

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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 Other circumstances, combined with the increase of what it was instituted to guard. numbers, have produced an augmentation of revenue In our care too of the public contributions entrusted arising from consumption, in a ratio far beyond that of to our direction, it would be prudent to multiply barriers population alone; and, though the changes in foreign against their dissipation, by appropriating specific sums relations now taking place, so desirably for the whole to every specific purpose susceptible of definition; by world, may for a season affect this branch of revenue, disallowing all applications of money varying from the yet, weighing all probabilities of expense, as well as of appropriation in object, or transcending it in amount; income, there is reasonable ground of confidence that we by reducing the undefined field of contingencies, and may now safely dispense with all the internal taxes, thereby circumscribing discretionary powers over mocomprehending excise, stamps, auctions, licenses, car- ney; and by bringing back to a single department all riages, and refined sugars ; to which the postage on accountabilities for money, where the examinations newspapers may be added, to facilitate the progress of may be prompt, efficacious, and uniform. information; and that the remaining sources of revenue An account of the receipts and expenditures of the will be sufficient to provide for the support of Govern- last year, as prepared by the Secretary of the Treasument, to pay the interest of the public debts, and to dis- ry, will, as usual, be laid before you. The success charge the principals within shorter periods than the which has attended the late sales of the public lands laws or the general expectation had contemplated. shows that, with attention, they may be made an imWar, indeed, and untoward events, may change this portant source of receipt. Among the payments those prospect of things, and call for expenses which the im- made in discharge of the principal and interest of the posts could not meet. But sound principles will not national debt, will show that the public faith has been justify our taxing the industry of our fellow-citizens to exactly maintained. To these will be added an estiaccumulate treasure for wars to happen we know not mate of appropriations necessary for the ensuing year. when, and which might not, perhaps, happen, but from This last will, of course, be affected by such modificathe temptations offered by that treasure.

tions of the system of expense as you shall think These views, however, of reducing our burdens, proper to adopt. are formed on the expectation that a sensible, and at A statement has been formed by the Secretary of the same time a salutary, reduction may take place in War, on mature consideration, of all the posts and our habitual expenditures. For this purpose those of the stations where garrisons will be expedient, and of the civil government, the army, and navy, will need revisal. number of men requisite for each garrison. The whole When we consider that this Government is charged amount is considerably short of the present Military with the external and mutual relations only of these Establishment. For the surplus no particular use can States; that the States themselves have principal care be pointed out. For defence against invasion their of our persons, our property, and our reputation, consti- number is as nothing ; nor is it conceived needful or tuting the great field of human concerns, we may well safe that a standing army should be kept up in time of doubt whether our organization is not too complicated, peace, for that purpose. Uncertain as we must ever too expensive ; whether offices and officers have not been be of the particular point in our circumference where multiplied unnecessarily, and sometimes injuriously to an enemy may choose to invade us, the only force the service they were meant to promote. I will cause to which can be ready at every point, and competent to be laid before you an essay towards a statement of those oppose them, is the body of neighboring citizens, as who, under publicemployment of various kinds, draw mo- formed into a militia. On these, collected from the ney from the Treasury, or from our citizens. Time has parts most convenient, in numbers proportioned to the not permitted a perfect enumeration, the ramifications of invading force, it is best to rely, not only to meet the office being too multiplied and remote to be completely first attack, but, if it threatens to be permanent, to traced in a first trial. Among those who are dependent maintain the defence until regulars may be engaged to on Executive discretion, I have begun the reduction of relieve them. These considerations render it importwhat was deemed unnecessary. The expenses of di- ant that we should, at every session, continue to amend plomatic agency have been considerably diminished. the defects

which from time to time show themselves in The inspectors of internal revenue, who were found the laws for regulating the militia, until they are suffito obstruct the accountability of the institution, have ciently perfect: nor should we now, or at any time, been discontinued. Several agencies, created by Ex- separate, until we can say that we have done everycutive authority, on salaries fixed by that also, have thing for the militia which we could do were an enemy been suppressed, and should suggest the expediency of at our door. regulating that power by law, so as to subject its exer- The provision of military stores on hand will be laid cise to legislative inspection and sanction. Other re- before you, that you may judge of the additions still formations of the same kind will be pursued with that requisite. caution which is requisite, in removing useless things, With respect to the extent to which our naval prepa

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SENATE.

President's Message.

DECEMBER, 1801.

rations should be carried, some difference of opinion that they may be able to judge of the proportion which may be expected to appear; but just attention to the the institution bears to the business it has to perform, I circumstances of every part of the Union will doubt- have caused to be procured from the several States, and less reconcile all. A small force will probably continue now lay before Congress, an exact statement of all the to be wanted for actual service in the Mediterranean. causes decided since the first establishment of the courts, Whatever annual sum beyond that you may think and of those which were depending when additional proper to appropriate to naval preparations, would per- courts and judges were brought in to their aid. haps be better employed in providing those articles And while on the Judiciary organization, it will be which may be kept without waste or consumption, and worthy of your consideration whether the protection of be in readiness when any exigence calls them into use. the inestimable institution of juries has been extended Progress has been made, as will appear by papers now to all the cases involving the security of our persons communicated, in providing materials for seventy-four and property. Their impartial selection also being esgun ships, as directed by law.

sential to their value, we ought further to consider How far the authority given by the Legislature for whether that is sufficiently secured in those States procuring and establishing sites for naval purposes, has where they are named by a marshal depending on Exbeen perfectly understood and pursued in the execu- ecutive will, or designated by the court, or by officers tion, admits some doubt. A statement of the ex- dependent on them. penses already incurred on that subject is now laid be- I cannot omit recommending a revisal of the laws on fore you. I have, in certain cases, suspended or slack- the subject of naturalization. Considering the ordinaened these expenditures, that the Legislature might ry chances of human life, a denial of citizenship under determine whether so many yards are necessary as have a residence of fourteen years, is a denial to a great probeen contemplated. The works at this place are among portion of those who ask it; and controls a policy purthose permitted to go on; and five of the seven frigates sued, from their first settlement, by many of these directed to be laid up, have been brought and laid up States, and still believed of consequence to their proshere, where, besides the safety of their position, they perity. And shall we refuse to the unhappy fugitives are under the eye of the Executive Administration, as from distress that hospitality which the savages of the well as of its agents; and where yourselves also will wilderness extended to our fathers arriving in this land? be guided by your own view in the Legislative provis- Shall oppressed humanity find no asylum on this globe! ions respecting them, which may, from time to time, be | The Constitution, indeed, has wisely provided that, for necessary. They are preserved in such condition, as admission to certain offices of important trust, a resiwell the vessels as whatever belongs to them, as to be dence shall be required sufficient to develop character at all times ready for sea on a short warning. Two and design. But might not the general character and others are yet to be laid up, so soon as they shall re- capabilities of a citizen be safely communicated to every ceive the repairs requisite to put them also into sound one manifesting a bona fide purpose of embarking his condition. As a superintending officer will be neces- life and fortunes permanently with us? with restricsary at each yard, his duties and emoluments, hitherto tions, perhaps, to guard against the fraudulent usurpafixed by the Executive, will be a more proper subject tion of our flag ? an abuse which brings so much emfor legislation. A communication will also be made of barrassment and loss on the genuine citizen, and so our progress in the execution of the law respecting the much danger to the nation of being involved in war, vessels directed to be sold.

that no endeavor should be spared to detect and supThe fortifications of our harbors, more or less ad- press it. vanced, present considerations of great difficulty. These, fellow-citizens, are the matters respecting the While some of them are on a scale sufficiently propor- state of the nation which I have thought of importance tioned to the advantages of their position, to the effica- to be submitted to your consideration at this time. cy of their protection, and the importance of the points Some others of less moment, or not yet ready for comwithin it, others are so extensive, will cost so much in munication, will be the subject of separate Messages. their first erection, so much in their maintenance, and I am happy in this opportunity of committing the arrequire such a force to garrison them, as to make it duous affairs of our Government to the collected wisquestionable what is best now to be done. A state- dom of the Union. Nothing shall be wanting on my ment of those commenced or projected; of the expen- part to inform, as far as in my power, the Legislative ses already incurred; and estimates of their future judgment, nor to carry that judgment into faithful execost, as far as can be foreseen, shall be laid before you, cution. The prudence and temperance of your discusthat you may be enabled to judge whether any altera- sions will promote, within your own walls, that conciltion is necessary in the laws respecting this subject. iation which so much befriends rational conclusion ;

Agriculture, manufactures, commerce, and naviga- and by its example will encourage among our constitu. tion, the four pillars of our prosperity, are then most ents that progress of opinion which is tending to unite thriving when left most free to individual enterprise. them in object and in will. That all should be satisProtection from casual embarrassments, however, may fied with any one order of things, is not to be expectsometimes be seasonably interposed. If, in the course ed; but I indulge the pleasing persuasion that the great of your observations or inquiries, they should appear body of our citizens will cordially concur in honest and to need any aid within the limits of our Constitutional disinterested efforts, which have for their object to prepowers, your sense of their importance is a sufficient serve the General and State Governments in their Conassurance they will occupy your attention. We can stitutional form and equilibrium; to maintain peace not, indeed, but all feel an anxious solicitude for the abroad, and order and obedience to the laws at home; difficulties under which our carrying trade will soon be to establish principles and practices of administration placed. How far it can be relieved, otherwise than by favorable to the security of liberty and property, and to time, is a subject of important consideration.

reduce expenses to what is necessary for the useful The Judiciary system of the United States, and espe- purposes of Government. cially that portion of it recently erected, will, of course,

TH: JEFFERSON. present itself to the contemplation of Congress; and DECEMBER 8, 1801.

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