diff options
| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:35:30 -0700 |
|---|---|---|
| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:35:30 -0700 |
| commit | 7e4f1dbc4c6b4c3a31a1beb80093f03cf5a76f7b (patch) | |
| tree | 84c90b20bc29972984848e3dea7d85123bf57290 /old | |
Diffstat (limited to 'old')
| -rw-r--r-- | old/10893-8.txt | 8254 | ||||
| -rw-r--r-- | old/10893-8.zip | bin | 0 -> 138906 bytes | |||
| -rw-r--r-- | old/10893-h.zip | bin | 0 -> 146258 bytes | |||
| -rw-r--r-- | old/10893-h/10893-h.htm | 11510 | ||||
| -rw-r--r-- | old/10893.txt | 8254 | ||||
| -rw-r--r-- | old/10893.zip | bin | 0 -> 138876 bytes |
6 files changed, 28018 insertions, 0 deletions
diff --git a/old/10893-8.txt b/old/10893-8.txt new file mode 100644 index 0000000..e062da3 --- /dev/null +++ b/old/10893-8.txt @@ -0,0 +1,8254 @@ +The Project Gutenberg EBook of A Compilation of the Messages and Papers of +the Presidents, by Edited by James D. Richardson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Compilation of the Messages and Papers of the Presidents + Section 3 (of 4) of Volume 1: Thomas Jefferson + +Author: Edited by James D. Richardson + +Release Date: January 31, 2004 [EBook #10893] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THOMAS JEFFERSON *** + + + + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + + + + +A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS. + +BY JAMES D. RICHARDSON + + +Thomas Jefferson + +March 4, 1801, to March 4, 1809 + + + + + + +Thomas Jefferson + +Thomas Jefferson was born at Shadwell, Albemarle County, Va., on April +2 (old style), 1743. He was the oldest son of Peter Jefferson, who died +in 1757. After attending private schools, he entered William and Mary +College in 1760. In 1767 began the practice of the law. In 1769 was +chosen to represent his county in the Virginia house of burgesses, a +station he continued to fill up to the period of the Revolution. He +married Mrs. Martha Skelton in 1772, she being a daughter of John +Wayles, an eminent lawyer of Virginia. On March 12, 1773, was chosen +a member of the first committee of correspondence established by the +Colonial legislature. Was elected a delegate to the Continental Congress +in 1775; was placed on the Committee of Five to prepare the Declaration +of Independence, and at the request of that committee he drafted the +Declaration, which, with slight amendments, was adopted July 4, 1776. +Resigned his seat in Congress and occupied one in the Virginia +legislature in October, 1776. Was elected governor of Virginia by the +legislature on June 1, 1779, to succeed Patrick Henry. Retired to +private life at the end of his term as governor, but was the same year +elected again to the legislature. Was appointed commissioner with others +to negotiate treaties with France in 1776, but declined. In 1782 he was +appointed by Congress minister plenipotentiary to act with others in +Europe in negotiating a treaty of peace with Great Britain. Was again +elected a Delegate to Congress in 1783, and as a member of that body +he advocated and had adopted the dollar as the unit and the present +system of coins and decimals. In May, 1784, was appointed minister +plenipotentiary to Europe to assist John Adams and Benjamin Franklin +in negotiating treaties of commerce. In March, 1785, was appointed by +Congress minister at the French Court to succeed Dr. Franklin, and +remained in France until September, 1789. On his arrival at Norfolk, +November 23, 1789, received a letter from Washington offering him the +appointment of Secretary of State in his Cabinet. Accepted and became +the first Secretary of State under the Constitution. December 31, 1793, +resigned his place in the Cabinet and retired to private life at his +home. In 1796 was brought forward by his friends as a candidate for +President, but Mr. Adams, receiving the highest number of votes, was +elected President, and Jefferson became Vice-President for four years +from March 4, 1797. In 1800 was again voted for by his party for +President. He and Mr. Burr received an equal number of electoral votes, +and under the Constitution the House of Representatives was called upon +to elect. Mr. Jefferson was chosen on the thirty-sixth ballot. Was +reelected in 1804, and retired finally from public life March 4, 1809. +He died on the 4th day of July, 1826, and was buried at Monticello, Va. + + + + + +NOTIFICATION OF ELECTION. + + +Mr. Pinckney, from the committee instructed on the 18th instant to wait +on the President elect to notify him of his election, reported that the +committee had, according to order, performed that service, and addressed +the President elect in the following words, to wit: + +The committee beg leave to express their wishes for the prosperity of +your Administration and their sincere desire that it may promote your +own happiness and the welfare of our country. + +To which the President elect was pleased to make the following reply: + +I receive, gentlemen, with profound thankfulness this testimony of +confidence from the great representative council of our nation. It fills +up the measure of that grateful satisfaction which had already been +derived from the suffrages of my fellow-citizens themselves, designating +me as one of those to whom they were willing to commit this charge, the +most important of all others to them. In deciding between the candidates +whom their equal vote presented to your choice, I am sensible that age +has been respected rather than more active and useful qualifications. + +I know the difficulties of the station to which I am called, and feel +and acknowledge my incompetence to them. But whatsoever of +understanding, whatsoever of diligence, whatsoever of justice or of +affectionate concern for the happiness of man, it has pleased Providence +to place within the compass of my faculties shall be called forth for +the discharge of the duties confided to me, and for procuring to my +fellow-citizens all the benefits which our Constitution has placed under +the guardianship of the General Government. + +Guided by the wisdom and patriotism of those to whom it belongs to +express the legislative will of the nation, I will give to that will +a faithful execution. + +I pray you, gentlemen, to convey to the honorable body from which you +are deputed the homage of my humble acknowledgments and the sentiments +of zeal and fidelity by which I shall endeavor to merit these proofs of +confidence from the nation and its Representatives; and accept +yourselves my particular thanks for the obliging terms in which you have +been pleased to communicate their will. + +TH. JEFFERSON. + +FEBRUARY 20, 1801. + + + + +LETTER FROM THE PRESIDENT ELECT. + + +The President laid before the Senate a letter from the President elect +of the United States, which was read, as follows: + +WASHINGTON, _March 2, 1801_. + +The PRESIDENT PRO TEMPORE OF THE SENATE. + +SIR: I beg leave through you to inform the honorable the Senate of the +United States that I propose to take the oath which the Constitution +prescribes to the President of the United States before he enters on the +execution of his office on Wednesday, the 4th instant, at 12 o'clock, in +the Senate Chamber. + +I have the honor to be, with the greatest respect, sir, your most +obedient and most humble servant, + +TH. JEFFERSON. + +(The same letter was sent to the House of Representatives.) + + + + +FIRST INAUGURAL ADDRESS. + + +AT WASHINGTON, D.C. + +_Friends and Fellow-Citizens_. + +Called upon to undertake the duties of the first executive office of our +country, I avail myself of the presence of that portion of my +fellow-citizens which is here assembled to express my grateful thanks +for the favor with which they have been pleased to look toward me, to +declare a sincere consciousness that the task is above my talents, and +that I approach it with those anxious and awful presentiments which the +greatness of the charge and the weakness of my powers so justly inspire. +A rising nation, spread over a wide and fruitful land, traversing all +the seas with the rich productions of their industry, engaged in +commerce with nations who feel power and forget right, advancing rapidly +to destinies beyond the reach of mortal eye--when I contemplate these +transcendent objects, and see the honor, the happiness, and the hopes of +this beloved country committed to the issue and the auspices of this +day, I shrink from the contemplation, and humble myself before the +magnitude of the undertaking. Utterly, indeed, should I despair did not +the presence of many whom I here see remind me that in the other high +authorities provided by our Constitution I shall find resources of +wisdom, of virtue, and of zeal on which to rely under all difficulties. +To you, then, gentlemen, who are charged with the sovereign functions of +legislation, and to those associated with you, I look with encouragement +for that guidance and support which may enable us to steer with safety +the vessel in which we are all embarked amidst the conflicting elements +of a troubled world. + +During the contest of opinion through which we have passed the animation +of discussions and of exertions has sometimes worn an aspect which might +impose on strangers unused to think freely and to speak and to write +what they think; but this being now decided by the voice of the nation, +announced according to the rules of the Constitution, all will, of +course, arrange themselves under the will of the law, and unite in +common efforts for the common good. All, too, will bear in mind this +sacred principle, that though the will of the majority is in all cases +to prevail, that will to be rightful must be reasonable; that the +minority possess their equal rights, which equal law must protect, and +to violate would be oppression. Let us, then, fellow-citizens, unite +with one heart and one mind. Let us restore to social intercourse that +harmony and affection without which liberty and even life itself are but +dreary things. And let us reflect that, having banished from our land +that religious intolerance under which mankind so long bled and +suffered, we have yet gained little if we countenance a political +intolerance as despotic, as wicked, and capable of as bitter and bloody +persecutions. During the throes and convulsions of the ancient world, +during the agonizing spasms of infuriated man, seeking through blood and +slaughter his long-lost liberty, it was not wonderful that the agitation +of the billows should reach even this distant and peaceful shore; that +this should be more felt and feared by some and less by others, and +should divide opinions as to measures of safety. But every difference of +opinion is not a difference of principle. We have called by different +names brethren of the same principle. We are all Republicans, we are all +Federalists. If there be any among us who would wish to dissolve this +Union or to change its republican form, let them stand undisturbed as +monuments of the safety with which error of opinion may be tolerated +where reason is left free to combat it. I know, indeed, that some honest +men fear that a republican government can not be strong, that this +Government is not strong enough; but would the honest patriot, in the +full tide of successful experiment, abandon a government which has so +far kept us free and firm on the theoretic and visionary fear that this +Government, the world's best hope, may by possibility want energy to +preserve itself? I trust not. I believe this, on the contrary, the +strongest Government on earth. I believe it the only one where every +man, at the call of the law, would fly to the standard of the law, and +would meet invasions of the public order as his own personal concern. +Sometimes it is said that man can not be trusted with the government of +himself. Can he, then, be trusted with the government of others? Or have +we found angels in the forms of kings to govern him? Let history answer +this question. + +Let us, then, with courage and confidence pursue our own Federal and +Republican principles, our attachment to union and representative +government. Kindly separated by nature and a wide ocean from the +exterminating havoc of one quarter of the globe; too high-minded to +endure the degradations of the others; possessing a chosen country, with +room enough for our descendants to the thousandth and thousandth +generation; entertaining a due sense of our equal right to the use of +our own faculties, to the acquisitions of our own industry, to honor and +confidence from our fellow-citizens, resulting not from birth, but from +our actions and their sense of them; enlightened by a benign religion, +professed, indeed, and practiced in various forms, yet all of them +inculcating honesty, truth, temperance, gratitude, and the love of man; +acknowledging and adoring an overruling Providence, which by all its +dispensations proves that it delights in the happiness of man here and +his greater happiness hereafter--with all these blessings, what more is +necessary to make us a happy and a prosperous people? Still one thing +more, fellow-citizens--a wise and frugal Government, which shall +restrain men from injuring one another, shall leave them otherwise free +to regulate their own pursuits of industry and improvement, and shall +not take from the mouth of labor the bread it has earned. This is the +sum of good government, and this is necessary to close the circle of our +felicities. + +About to enter, fellow-citizens, on the exercise of duties which +comprehend everything dear and valuable to you, it is proper you should +understand what I deem the essential principles of our Government, and +consequently those which ought to shape its Administration. I will +compress them within the narrowest compass they will bear, stating the +general principle, but not all its limitations. Equal and exact justice +to all men, of whatever state or persuasion, religious or political; +peace, commerce, and honest friendship with all nations, entangling +alliances with none; the support of the State governments in all their +rights, as the most competent administrations for our domestic concerns +and the surest bulwarks against antirepublican tendencies; the +preservation of the General Government in its whole constitutional +vigor, as the sheet anchor of our peace at home and safety abroad; a +jealous care of the right of election by the people--a mild and safe +corrective of abuses which are lopped by the sword of revolution where +peaceable remedies are unprovided; absolute acquiescence in the +decisions of the majority, the vital principle of republics, from which +is no appeal but to force, the vital principle and immediate parent of +despotism; a well-disciplined militia, our best reliance in peace and +for the first moments of war, till regulars may relieve them; the +supremacy of the civil over the military authority; economy in the +public expense, that labor may be lightly burthened; the honest payment +of our debts and sacred preservation of the public faith; encouragement +of agriculture, and of commerce as its handmaid; the diffusion of +information and arraignment of all abuses at the bar of the public +reason; freedom of religion; freedom of the press, and freedom of person +under the protection of the habeas corpus, and trial by juries +impartially selected. These principles form the bright constellation +which has gone before us and guided our steps through an age of +revolution and reformation. The wisdom of our sages and blood of our +heroes have been devoted to their attainment. They should be the creed +of our political faith, the text of civic instruction, the touchstone by +which to try the services of those we trust; and should we wander from +them in moments of error or of alarm, let us hasten to retrace our steps +and to regain the road which alone leads to peace, liberty, and safety. + +I repair, then, fellow-citizens, to the post you have assigned me. With +experience enough in subordinate offices to have seen the difficulties +of this the greatest of all, I have learnt to expect that it will rarely +fall to the lot of imperfect man to retire from this station with the +reputation and the favor which bring him into it. Without pretensions to +that high confidence you reposed in our first and greatest revolutionary +character, whose preeminent services had entitled him to the first place +in his country's love and destined for him the fairest page in the +volume of faithful history, I ask so much confidence only as may give +firmness and effect to the legal administration of your affairs. I shall +often go wrong through defect of judgment. When right, I shall often be +thought wrong by those whose positions will not command a view of the +whole ground. I ask your indulgence for my own errors, which will never +be intentional, and your support against the errors of others, who may +condemn what they would not if seen in all its parts. The approbation +implied by your suffrage is a great consolation to me for the past, and +my future solicitude will be to retain the good opinion of those who +have bestowed it in advance, to conciliate that of others by doing them +all the good in my power, and to be instrumental to the happiness and +freedom of all. + +Relying, then, on the patronage of your good will, I advance with +obedience to the work, ready to retire from it whenever you become +sensible how much better choice it is in your power to make. And may +that Infinite Power which rules the destinies of the universe lead our +councils to what is best, and give them a favorable issue for your peace +and prosperity. + +MARCH 4, 1801. + + + + +PROCLAMATION. + + +[From the National Intelligencer, March 13, 1801.] + +BY THE PRESIDENT OF THE UNITED STATES. + +Whereas by the first article of the terms and conditions declared by the +President of the United States on the iyth day of October, 1791, for +regulating the materials and manner of buildings and improvements on the +lots in the city of Washington, it is provided "that the outer and party +walls of all houses in the said city shall be built of brick or stone;" +and by the third article of the same terms and conditions it is declared +"that the wall of no house shall be higher than 40 feet to the roof in +any part of the city, nor shall any be lower than 35 feet in any of the +avenues;" and + +Whereas the above-recited articles were found to impede the settlement +in the city of mechanics and others whose circumstances did not admit of +erecting houses authorized by the said regulations, for which cause the +President of the United States, by a writing under his hand, bearing +date the 25th day of June, 1796, suspended the operation of the said +articles until the first Monday of December, 1800, and the beneficial +effects arising from such suspension having been experienced, it is +deemed proper to revive the same: + +Wherefore I, Thomas Jefferson, President of the United States, do +declare that the operation of the first and third articles above recited +shall be, and the same is hereby, suspended until the ist day of +January, 1802, and that all the houses which shall be erected in the +said city of Washington previous to the said 1st day of January, 1802, +conformable in other respects to the regulations aforesaid, shall be +considered as lawfully erected, except that no wooden house shall be +erected within 24 feet of any brick or stone house. + +Given under my hand this 11th day of March, 1801. + +TH. JEFFERSON. + + + + +In communicating his first message to Congress, President Jefferson +addressed the following letter to the presiding officer of each branch +of the National Legislature: + + +DECEMBER 8, 1801. + +The Honorable the PRESIDENT OF THE SENATE. + +SIR: The circumstances under which we find ourselves at this place +rendering inconvenient the mode heretofore practiced of making by +personal address the first communications between the legislative and +executive branches, I have adopted that by message, as used on all +subsequent occasions through the session. In doing this I have had +principal regard to the convenience of the Legislature, to the economy +of their time, to their relief from the embarrassment of immediate +answers on subjects not yet fully before them, and to the benefits +thence resulting to the public affairs. Trusting that a procedure +founded in these motives will meet their approbation, I beg leave +through you, sir, to communicate the inclosed message, with the +documents accompanying it, to the honorable the Senate, and pray you +to accept for yourself and them the homage of my high respect and +consideration. + +TH. JEFFERSON. + + + + +FIRST ANNUAL MESSAGE. + + +DECEMBER 8, 1801. + +_Fellow-Citizens of the Senate and House of Representatives_: + +It is a circumstance of sincere gratification to me that on meeting the +great council of our nation I am able to announce to them on grounds of +reasonable certainty that the wars and troubles which have for so many +years afflicted our sister nations have at length come to an end, and +that the communications of peace and commerce are once more opening +among them. Whilst we devoutly return thanks to the beneficent Being who +has been pleased to breathe into them the spirit of conciliation and +forgiveness, we are bound with peculiar gratitude to be thankful to Him +that our own peace has been preserved through so perilous a season, and +ourselves permitted quietly to cultivate the earth and to practice and +improve those arts which tend to increase our comforts. The assurances, +indeed, of friendly disposition received from all the powers with whom +we have principal relations had inspired a confidence that our peace +with them would not have been disturbed. But a cessation of +irregularities which had affected the commerce of neutral nations and of +the irritations and injuries produced by them can not but add to this +confidence, and strengthens at the same time the hope that wrongs +committed on unoffending friends under a pressure of circumstances will +now be reviewed with candor, and will be considered as founding just +claims of retribution for the past and new assurance for the future. + +Among our Indian neighbors also a spirit of peace and friendship +generally prevails, and I am happy to inform yon that the continued +efforts to introduce among them the implements and the practice of +husbandry and of the household arts have not been without success; that +they are becoming more and more sensible of the superiority of this +dependence for clothing and subsistence over the precarious resources of +hunting and fishing, and already we are able to announce that instead of +that constant diminution of their numbers produced by their wars and +their wants, some of them begin to experience an increase of population. + +To this state of general peace with which we have been blessed, one only +exception exists. Tripoli, the least considerable of the Barbary States, +had come forward with demands unfounded either in right or in compact, +and had permitted itself to denounce war on our failure to comply before +a given day. The style of the demand admitted but one answer. I sent a +small squadron of frigates into the Mediterranean, with assurances to +that power of our sincere desire to remain in peace, but with orders to +protect our commerce against the threatened attack. The measure was +seasonable and salutary. The Bey had already declared war. His cruisers +were out. Two had arrived at Gibraltar. + +Our commerce in the Mediterranean was blockaded and that of the Atlantic +in peril. The arrival of our squadron dispelled the danger. One of the +Tripolitan cruisers having fallen in with and engaged the small schooner +_Enterprise_, commanded by Lieutenant Sterret, which had gone as a +tender to our larger vessels, was captured, after a heavy slaughter of +her men, without the loss of a single one on our part. The bravery +exhibited by our citizens on that element will, I trust, be a testimony +to the world that it is not the want of that virtue which makes us seek +their peace, but a conscientious desire to direct the energies of our +nation to the multiplication of the human race, and not to its +destruction. Unauthorized by the Constitution, without the sanction of +Congress, to go beyond the line of defense, the vessel, being disabled +from committing further hostilities, was liberated with its crew. The +Legislature will doubtless consider whether, by authorizing measures of +offense also, they will place our force on an equal footing with that of +its adversaries. I communicate all material information on this subject, +that in the exercise of this important function confided by the +Constitution to the Legislature exclusively their judgment may form +itself on a knowledge and consideration of every circumstance of weight. + +I wish I could say that our situation with all the other Barbary States +was entirely satisfactory. Discovering that some delays had taken place +in the performance of certain articles stipulated by us, I thought it my +duty, by immediate measures for fulfilling them, to vindicate to +ourselves the right of considering the effect of departure from +stipulation on their side. From the papers which will be laid before you +you will be enabled to judge whether our treaties are regarded by them +as fixing at all the measure of their demands or as guarding from the +exercise of force our vessels within their power, and to consider how +far it will be safe and expedient to leave our affairs with them in +their present posture. + +I lay before you the result of the census lately taken of our +inhabitants, to a conformity with which we are now to reduce the ensuing +ratio of representation and taxation. You will perceive that the +increase of numbers during the last ten years, proceeding in geometrical +ratio, promises a duplication in little more than twenty-two years. We +contemplate this rapid growth and the prospect it holds up to us, not +with a view to the injuries it may enable us to do others in some future +day, but to the settlement of the extensive country still remaining +vacant within our limits to the multiplication of men susceptible of +happiness, educated in the love of order, habituated to self-government, +and valuing its blessings above all price. + +Other circumstances, combined with the increase of numbers, have +produced an augmentation of revenue arising from consumption in a ratio +far beyond that of population alone; and though the changes in foreign +relations now taking place so desirably for the whole world may for a +season affect this branch of revenue, yet weighing all probabilities of +expense as well as of income, there is reasonable ground of confidence +that we may now safely dispense with all the internal taxes, +comprehending excise, stamps, auctions, licenses, carriages, and refined +sugars, to which the postage on newspapers may be added to facilitate +the progress of information, and that the remaining sources of revenue +will be sufficient to provide for the support of Government, to pay the +interest of the public debts, and to discharge the principals within +shorter periods than the laws or the general expectation had +contemplated. War, indeed, and untoward events may change this prospect +of things and call for expenses which the imposts could not meet; but +sound principles will not justify our taxing the industry of our +fellow-citizens to accumulate treasure for wars to happen we know not +when, and which might not, perhaps, happen but from the temptations +offered by that treasure. + +These views, however, of reducing our burthens are formed on the +expectation that a sensible and at the same time a salutary reduction +may take place in our habitual expenditures. For this purpose those of +the civil Government, the Army, and Navy will need revisal. + +When we consider that this Government is charged with the external, and +mutual relations only of these States; that the States themselves have +principal care of our persons, our property, and our reputation, +constituting the great field of human concerns, we may well doubt +whether our organization is not too complicated, too expensive; whether +offices and officers have not been multiplied unnecessarily and +sometimes injuriously to the service they were meant to promote. I will +cause to be laid before you an essay toward a statement of those who, +under public employment of various kinds, draw money from the Treasury +or from our citizens. Time has not permitted a perfect enumeration, the +ramifications of office being too multiplied and remote to be completely +traced in a first trial. Among those who are dependent on Executive +discretion I have begun the reduction of what was deemed unnecessary. +The expenses of diplomatic agency have been considerably diminished. The +inspectors of internal revenue who were found to obstruct the +accountability of the institution have been discontinued. Several +agencies created by Executive authority, on salaries fixed by that also, +have been suppressed, and should suggest the expediency of regulating +that power by law, so as to subject its exercises to legislative +inspection and sanction. Other reformations of the same kind will be +pursued with that caution which is requisite in removing useless things, +not to injure what is retained. But the great mass of public offices is +established by law, and therefore by law alone can be abolished. Should +the Legislature think it expedient to pass this roll in review and try +all its parts by the test of public utility, they may be assured of +every aid and light which Executive information can yield. Considering +the general tendency to multiply offices and dependencies and to +increase expense to the ultimate term of burthen which the citizen can +bear, it behooves us to avail ourselves of every occasion which presents +itself for taking off the surcharge, that it never may be seen here that +after leaving to labor the smallest portion of its earnings on which it +can subsist, Government shall itself consume the whole residue of what +it was instituted to guard. + +In our care, too, of the public contributions intrusted to our direction +it would be prudent to multiply barriers against their dissipation by +appropriating specific sums to every specific purpose susceptible of +definition; by disallowing all applications of money varying from the +appropriation in object or transcending it in amount; by reducing the +undefined field of contingencies and thereby circumscribing +discretionary powers over money, and by bringing back to a single +department all accountabilities for money, where the examinations may be +prompt, efficacious, and uniform. + +An account of the receipts and expenditures of the last year, as +prepared by the Secretary of the Treasury, will, as usual, be laid +before you. The success which has attended the late sales of the public +lands shews that with attention they may be made an important source of +receipt. Among the payments those made in discharge of the principal and +interest of the national debt will shew that the public faith has been +exactly maintained. To these will be added an estimate of appropriations +necessary for the ensuing year. This last will, of course, be affected +by such modifications of the system of expense as you shall think proper +to adopt. + +A statement has been formed by the Secretary of War, on mature +consideration, of all the posts and stations where garrisons will be +expedient and of the number of men requisite for each garrison. The +whole amount is considerably short of the present military +establishment. For the surplus no particular use can be pointed out. For +defense against invasion their number is as nothing, nor is it conceived +needful or safe that a standing army should be kept up in time of peace +for that purpose. Uncertain as we must ever be of the particular point +in our circumference where an enemy may choose to invade us, the only +force which can be ready at every point and competent to oppose them is +the body of neighboring citizens as formed into a militia. On these, +collected from the parts most convenient in numbers proportioned to the +invading force, it is best to rely not only to meet the first attack, +but if it threatens to be permanent to maintain the defense until +regulars may be engaged to relieve them. These considerations render it +important that we should at every session continue to amend the defects +which from time to time shew themselves in the laws for regulating the +militia until they are sufficiently perfect. Nor should we now or at any +time separate until we can say we have done everything for the militia +which we could do were an enemy at our door. + +The provision of military stores on hand will be laid before you, that +you may judge of the additions still requisite. + +With respect to the extent to which our naval preparations should be +carried some difference of opinion may be expected to appear, but just +attention to the circumstances of every part of the Union will doubtless +reconcile all. A small force will probably continue to be wanted for +actual service in the Mediterranean. Whatever annual sum beyond that you +may think proper to appropriate to naval preparations would perhaps be +better employed in providing those articles which may be kept without +waste or consumption, and be in readiness when any exigence calls them +into use. Progress has been made, as will appear by papers now +communicated, in providing materials for 74-gun ships as directed by +law. + +How far the authority given by the Legislature for procuring and +establishing sites for naval purposes has been perfectly understood and +pursued in the execution admits of some doubt. A statement of the +expenses already incurred on that subject is now laid before you. I have +in certain cases suspended or slackened these expenditures, that the +Legislature might determine whether so many yards are necessary as have +been contemplated. The works at this place are among those permitted to +go on, and five of the seven frigates directed to be laid up have been +brought and laid up here, where, besides the safety of their position, +they are under the eye of the Executive Administration, as well as of +its agents, and where yourselves also will be guided by your own view in +the legislative provisions respecting them which may from time to time +be necessary. They are preserved in such condition, as well the vessels +as whatever belongs to them, as to be at all times ready for sea on a +short warning. Two others are yet to be laid up so soon as they shall +have received the repairs requisite to put them also into sound +condition. As a superintending officer will be necessary at each yard, +his duties and emoluments, hitherto fixed by the Executive, will be a +more proper subject for legislation. A communication will also be made +of our progress in the execution of the law respecting the vessels +directed to be sold. + +The fortifications of our harbors, more or less advanced, present +considerations of great difficulty. While some of them are on a scale +sufficiently proportioned to the advantages of their position, to the +efficacy of their protection, and the importance of the points within +it, others are so extensive, will cost so much in their first erection, +so much in their maintenance, and require such a force to garrison them +as to make it questionable what is best now to be done. A statement of +those commenced or projected, of the expenses already incurred, and +estimates of their future cost, as far as can be foreseen, shall be laid +before you, that you may be enabled to judge whether any alteration is +necessary in the laws respecting this subject. + +Agriculture, manufactures, commerce, and navigation, the four pillars of +our prosperity, are then most thriving when left most free to individual +enterprise. Protection from casual embarrassments, however, may +sometimes be seasonably interposed. If in the course of your +observations or inquiries they should appear to need any aid within the +limits of our constitutional powers, your sense of their importance is a +sufficient assurance they will occupy your attention. We can not, +indeed, but all feel an anxious solicitude for the difficulties under +which our carrying trade will soon be placed. How far it can be +relieved, otherwise than by time, is a subject of important +consideration. + +The judiciary system of the United States, and especially that portion +of it recently erected, will of course present itself to the +contemplation of Congress, and, that they may be able to judge of the +proportion which the institution bears to the business it has to +perform, I have caused to be procured from the several States and now +lay before Congress an exact statement of all the causes decided since +the first establishment of the courts, and of those which were depending +when additional courts and judges were brought in to their aid. + +And while on the judiciary organization it will be worthy your +consideration whether the protection of the inestimable institution of +juries has been extended to all the cases involving the security of our +persons and property. Their impartial selection also being essential to +their value, we ought further to consider whether that is sufficiently +secured in those States where they are named by a marshal depending on +Executive will or designated by the court or by officers dependent on +them. + +I can not omit recommending a revisal of the laws on the subject of +naturalization. Considering the ordinary chances of human life, a denial +of citizenship under a residence of fourteen years is a denial to a +great proportion of those who ask it, and controls a policy pursued from +their first settlement by many of these States, and still believed of +consequence to their prosperity; and shall we refuse to the unhappy +fugitives from distress that hospitality which the savages of the +wilderness extended to our fathers arriving in this land? Shall +oppressed humanity find no asylum on this globe? The Constitution indeed +has wisely provided that for admission to certain offices of important +trust a residence shall be required sufficient to develop character and +design. But might not the general character and capabilities of a +citizen be safely communicated to everyone manifesting a bona fide +purpose of embarking his life and fortunes permanently with us, with +restrictions, perhaps, to guard against the fraudulent usurpation of our +flag, an abuse which brings so much embarrassment and loss on the +genuine citizen and so much danger to the nation of being involved in +war that no endeavor should be spared to detect and suppress it? + +These, fellow-citizens, are the matters respecting the state of the +nation which I have thought of importance to be submitted to your +consideration at this time. Some others of less moment or not yet ready +for communication will be the subject of separate messages. I am happy +in this opportunity of committing the arduous affairs of our Government +to the collected wisdom of the Union. Nothing shall be wanting on my +part to inform as far as in my power the legislative judgment, nor to +carry that judgment into faithful execution. The prudence and temperance +of your discussions will promote within your own walls that conciliation +which so much befriends rational conclusion, and by its example will +encourage among our constituents that progress of opinion which is +tending to unite them in object and in will. That all should be +satisfied with any one order of things is not to be expected; but I +indulge the pleasing persuasion that the great body of our citizens will +cordially concur in honest and disinterested efforts which have for +their object to preserve the General and State Governments in their +constitutional form and equilibrium; to maintain peace abroad, and order +and obedience to the laws at home; to establish principles and practices +of administration favorable to the security of liberty and property, and +to reduce expenses to what is necessary for the useful purposes of +Government. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 11, 1801. + +_Gentlemen of the Senate_: + +Early in the last month I received the ratification by the First Consul +of France of the convention between the United States and that nation. +His ratification not being pure and simple in the ordinary form, I have +thought it my duty, in order to avoid all misconception, to ask a second +advice and consent of the Senate before I give it the last sanction by +proclaiming it to be a law of the land. + +TH. JEFFERSON. + + + +DECEMBER 22, 1801. + +_Gentlemen of the Senate_: + +The States of Georgia and Tennessee being peculiarly interested in our +carrying into execution the two acts passed by Congress on the 19th of +February, 1799 (chapter 115), and 13th May, 1800 (chapter 62), +commissioners were appointed early in summer and other measures taken +for the purpose. The objects of these laws requiring meetings with the +Cherokees, Chickasaws, Choctaws, and Creeks, the inclosed instructions +were prepared for the proceedings with the three first nations. Our +applications to the Cherokees failed altogether. Those to the Chickasaws +produced the treaty now laid before you for your advice and consent, +whereby we obtained permission to open a road of communication with the +Mississippi Territory. The commissioners are probably at this time in +conference with the Choctaws. Further information having been wanting +when these instructions were, formed to enable us to prepare those +respecting the Creeks, the commissioners were directed to proceed with +the others. We have now reason to believe the conferences with the +Creeks can not take place till the spring. + +The journals and letters of the commissioners relating to the subject of +the treaty now inclosed accompany it. + +TH. JEFFERSON. + + + +DECEMBER 22, 1801. + +_Gentlemen of the Senate and of the House of Representatives_: + +I now inclose sundry documents supplementary to those communicated to +you with my message at the commencement of the session. Two others of +considerable importance--the one relating to our transactions with the +Barbary Powers, the other presenting a view of the offices of the +Government--shall be communicated as soon as they can be completed. + +TH. JEFFERSON. + + + +DECEMBER 23, 1801. + +_Gentlemen of the Senate and of the House of Representatives_: + +Another return of the census of the State of Maryland is just received +from the marshal of that State, which he desires may be substituted as +more correct than the one first returned by him and communicated by me +to Congress. This new return, with his letter, is now laid before you. + +TH. JEFFERSON. + + + +JANUARY 11, 1802. + +_Gentlemen of the Senate and of the House of Representatives_. + +I now communicate to you a memorial of the commissioners of the city of +Washington, together with a letter of later date, which, with their +memorial of January 28, 1801, will possess the Legislature fully of the +state of the public interests and of those of the city of Washington +confided to them. The moneys now due, and soon to become due, to the +State of Maryland on the loan guaranteed by the United States call for +an early attention. The lots in the city which are chargeable with the +payment of these moneys are deemed not only equal to the indemnification +of the public, but to insure a considerable surplus to the city to be +employed for its improvement, provided they are offered for sale only in +sufficient numbers to meet the existing demand. But the act of 1796 +requires that they shall be positively sold in such numbers as shall be +necessary for the punctual payment of the loans. Nine thousand dollars +of interest are lately become due, $3,000 quarter yearly will continue +to become due, and $50,000, an additional loan, are reimbursable on the +1st day of November next. These sums would require sales so far beyond +the actual demand of the market that it is apprehended that the whole +property may be thereby sacrificed, the public security destroyed, and +the residuary interest of the city entirely lost. Under these +circumstances I have thought it my duty before I proceed to direct a +rigorous execution of the law to submit the subject to the consideration +of the Legislature. Whether the public interest will be better secured +in the end and that of the city saved by offering sales commensurate +only to the demand at market, and advancing from the Treasury in the +first instance what these may prove deficient, to be replaced by +subsequent sales, rests for the determination of the Legislature. If +indulgence for the funds can be admitted, they will probably form a +resource of great and permanent value; and their embarrassments have +been produced only by overstrained exertions to provide accommodations +for the Government of the Union + +TH. JEFFERSON. + + + +JANUARY 12, 1802. + +_Gentlemen of the Senate_: + +I now communicate to you a letter from the Secretary of State inclosing +an estimate of the expenses which appear at present necessary for +carrying into effect the convention between the United States of America +and the French Republic, which has been prepared at the request of the +House of Representatives. + +TH. JEFFERSON. + + + +JANUARY 27, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +I lay before you the accounts of our Indian trading houses, as rendered +up to the 1st day of January, 1801, with a report of the Secretary of +War thereon, explaining the effects and the situation of that commerce +and the reasons in favor of its further extension. But it is believed +that the act authorizing this trade expired so long ago as the 3d of +March, 1799. Its revival, therefore, as well as its extension, is +submitted to the consideration of the Legislature. + +The act regulating trade and intercourse with the Indian tribes will +also expire on the 3d day of March next. While on the subject of its +continuance it will be worthy the consideration of the Legislature +whether the provisions of the law inflicting on Indians, in certain +cases, the punishment of death by hanging might not permit its +commutation into death by military execution, the form of the punishment +in the former way being peculiarly repugnant to their ideas and +increasing the obstacles to the surrender of the criminal. + +These people are becoming very sensible of the baneful effects produced +on their morals, their health, and existence by the abuse of ardent +spirits, and some of them earnestly desire a prohibition of that article +from being carried among them. The Legislature will consider whether the +effectuating that desire would not be in the spirit of benevolence and +liberality which they have hitherto practiced toward these our +neighbors, and which has had so happy an effect toward conciliating +their friendship. It has been found, too, in experience that the same +abuse gives frequent rise to incidents tending much to commit our peace +with the Indians. + +It is now become necessary to run and mark the boundaries between them +and us in various parts. The law last mentioned has authorized this to +be done, but no existing appropriation meets the expense. + +Certain papers explanatory of the grounds of this communication are +herewith inclosed. + +TH. JEFFERSON. + + + +FEBRUARY 2, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +I now lay before you-- + +1. A return of ordnance, arms, and military stores the property of the +United States. + +2. Returns of muskets and bayonets fabricated at the armories of the +United States at Springfield and Harpers Ferry, and of the expenditures +at those places; and + +3. An estimate of expenditures which may be necessary for fortifications +and barracks for the present year. + +Besides the permanent magazines established at Springfield, West Point, +and Harpers Ferry, it is thought one should be established in some point +convenient for the States of North Carolina, South Carolina, and +Georgia. Such a point will probably be found near the border of the +Carolinas, and some small provision by the Legislature preparatory to +the establishment will be necessary for the present year. + +We find the United States in possession of certain iron mines and works +in the county of Berkeley and State of Virginia, purchased, as is +presumable, on the idea of establishing works for the fabrication of +cannon and other military articles by the public. Whether this method of +supplying what may be wanted will be most advisable or that of +purchasing at market where competition brings everything to its proper +level of price and quality is for the Legislature to decide, and if the +latter alternative be preferred, it will rest for their further +consideration in what way the subjects of this purchase may be best +employed or disposed of. The Attorney-General's opinion on the subject +of the title accompanies this. + +There are in various parts of the United States small parcels of land +which have been purchased at different times for cantonments and other +military purposes. Several of them are in situations not likely to be +accommodated to future purposes. The loss of the records prevents a +detailed statement of these until they can be supplied by inquiry. In +the meantime, one of them, containing 88 acres, in the county of Essex, +in New Jersey, purchased in 1799 and sold the following year to +Cornelius Vermule and Andrew Codmas, though its price has been received, +can not be conveyed without authority from the Legislature. + +I inclose herewith a letter from the Secretary of War on the subject of +the islands in the lakes and rivers of our northern boundary, and of +certain lands in the neighborhood of some of our military posts, on +which it may be expedient for the Legislature to make some provisions. + +TH. JEFFERSON. + + + +FEBRUARY 16, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +I now transmit a statement of the expenses incurred by the United States +in their transactions with the Barbary Powers, and a roll of the persons +having office or employment under the United States, as was proposed in +my messages of December 7 and 22. Neither is as perfect as could have +been wished, and the latter not so much so as further time and inquiry +may enable us to make it. + +The great volume of these communications and the delay it would produce +to make out a second copy will, I trust, be deemed a sufficient reason +for sending one of them to the one House, and the other to the other, +with a request that they may be interchanged for mutual information +rather than to subject both to further delay. + +TH. JEFFERSON. + + + +FEBRUARY 18, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +In a message of the 2d instant I inclosed a letter from the Secretary of +War on the subject of certain lands in the neighborhood of our military +posts on which it might be expedient for the Legislature to make some +provisions. A letter recently received from the governor of Indiana +presents some further views of the extent to which such provision may be +needed, I therefore now transmit it for the information of Congress. + +TH. JEFFERSON. + + + +FEBRUARY 24, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +I communicate to both Houses of Congress a report of the Secretary of +the Treasury on the subject of our marine hospitals, which appear to +require legislative attention. + +As connected with the same subject, I also inclose information +respecting the situation of our seamen and boatmen frequenting the port +of New Orleans and suffering there from sickness and the want of +accommodation. There is good reason to believe their numbers greater +than stated in these papers. When we consider how great a proportion of +the territory of the United States must communicate with that port +singly, and how rapidly that territory is increasing its population and +productions, it may perhaps be thought reasonable to make hospital +provisions there of a different order from those at foreign ports +generally. + +TH. JEFFERSON. + + + +FEBRUARY 25, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +No occasion having arisen since the last account rendered by my +predecessor of making use of any part of the moneys heretofore granted +to defray the contingent charges of the Government, I now transmit to +Congress an official statement thereof to the 31st day of December last, +when the whole unexpended balance, amounting to $20,911.80, was carried +to the credit of the surplus fund, as provided for by law, and this +account consequently becomes finally closed, + +TH. JEFFERSON. + + + +FEBRUARY 26, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +Some statements have been lately received of the causes decided or +depending in the courts of the Union in certain States, supplementary or +corrective of those from which was formed the general statement +accompanying my message at the opening of the session. I therefore +communicate them to Congress, with a report of the Secretary of State +noting their effect on the former statement and correcting certain +errors in it which arose partly from inexactitude in some of the returns +and partly in analyzing, adding, and transcribing them while hurried in +preparing the other voluminous papers accompanying that message. + +TH. JEFFERSON. + + + +MARCH 1, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +I transmit for the information of Congress letters recently received +from our consuls at Gibraltar and Algiers, presenting the latest view of +the state of our affairs with the Barbary Powers. The sums due to the +Government of Algiers are now fully paid up, and of the gratuity which +had been promised to that of Tunis, and was in a course of preparation, +a small portion only remains still to be finished and delivered. + +TH. JEFFERSON. + + + +MARCH 9, 1802. + +_Gentlemen of the Senate_: + +The governor of New York has desired that, in addition to the +negotiations with certain Indians already authorized under the +superintendence of John Taylor, further negotiations should be held with +the Oneidas and other members of the Confederacy of the Six Nations for +the purchase of lands in and for the State of New York, which they are +willing to sell, as explained in the letter from the Secretary of War +herewith sent. I have therefore thought it better to name a commissioner +to superintend the negotiations specified with the Six Nations +generally, or with any of them. + +I do accordingly nominate John Taylor, of New York, to be commissioner +for the United States, to hold a convention or conventions between the +State of New York and the Confederacy of the Six Nations of Indians, or +any of the nations composing it. + +This nomination, if advised and consented to by the Senate, will +comprehend and supersede that of February 1 of the same John Taylor so +far as it respected the Seneca Indians, + +TH. JEFFERSON. + + + +MARCH 10, 1802. + +_Gentlemen of the Senate_: + +I now submit for the ratification of the Senate a treaty entered into +by the commissioners of the United States with the Choctaw Nation of +Indians, and I transmit therewith so much of the instructions to the +commissioners as related to the Choctaws, with the minutes of their +proceedings and the letter accompanying them. + +TH. JEFFERSON. + + + +MARCH 29, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +The Secretary of State, charged with the civil affairs of the several +Territories of the United States, has received from the marshal of +Columbia a statement of the condition, unavoidably distressing, of the +persons committed to his custody on civil or criminal process and the +urgency for some legislative provisions for their relief. There are +other important cases wherein the laws of the adjoining States under +which the Territory is placed, though adapted to the purposes of those +States, are insufficient for those of the Territory from the dissimilar +or defective organization of its authorities. The letter and statement +of the marshal and the disquieting state of the Territory generally are +now submitted to the wisdom and consideration of the Legislature. + +TH. JEFFERSON. + + + +MARCH 29, 1802. + +_Gentlemen of the Senate_: + +The commissioners who were appointed to carry into execution the sixth +article of the treaty of amity, commerce, and navigation between the +United States and His Britannic Majesty having differed in opinion as to +the objects of that article and discontinued their proceedings, the +Executive of the United States took early measures, by instructions to +our minister at the British Court, to negotiate explanations of that +article. This mode of resolving the difficulty, however, proved +unacceptable to the British Government, which chose rather to avoid all +further discussion and expense under that article by fixing at a given +sum the amount for which the United States should be held responsible +under it. Mr. King was consequently authorized to meet this proposition, +and a settlement in this way has been effected by a convention entered +into with the British Government, and now communicated for your advice +and consent, together with the instructions and correspondence relating +to it. The greater part of these papers being originals, the return of +them is requested at the convenience of the Senate. + +TH. JEFFERSON. + + + +MARCH 30, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +The Secretary of War has prepared an estimate of expenditures for the +Army of the United States during the year 1802, conformably to the act +fixing the military peace establishment, which estimate, with his letter +accompanying and explaining it, I now transmit to both Houses of +Congress. + +TH. JEFFERSON. + + + +MARCH 31, 1802. + +_Gentlemen of the House of Representatives_: + +According to the desire expressed in your resolution of the 23d instant, +I now transmit a report of the Secretary of State, with the letters it +refers to, shewing the proceedings which have taken place under the +resolution of Congress of the 16th of April, 1800. The term prescribed +for the execution of the resolution having elapsed before the person +appointed had sat out on the service, I did not deem it justifiable to +commence a course of expenditure after the expiration of the resolution +authorizing it. The correspondence which has taken place, having regard +to dates, will place this subject properly under the view of the House +of Representatives. + +TH. JEFFERSON. + + + +APRIL, 8, 1802. + +_Gentlemen of the Senate_: + +In order to satisfy as far as it is in my power the desire expressed in +your resolution of the 6th instant, I now transmit you a letter from +John Read, agent for the United States before the board of commissioners +under the sixth article of the treaty with Great Britain, to the +Attorney-General, bearing date the 25th of April, 1801, in which he +gives a summary view of the proceedings of those commissioners and of +the principles established or insisted on by a majority of them. + +Supposing it might be practicable for us to settle by negotiation with +Great Britain the principles which ought to govern the decisions under +the treaty, I caused instructions to be given to Mr. Read to analyze +the claims before the board of commissioners, to class them under the +principles on which they respectively depended, and to state the sum +depending on each principle or the amount of each description of debt. +The object of this was that we might know what principles were most +important for us to contend for and what others might be conceded +without much injury. He performed this duty, and gave in such a +statement during the last summer, but the chief clerk of the Secretary +of State's office being absent on account of sickness, and the only +person acquainted with the arrangement of the papers of the office, this +particular document can not at this time be found. Having, however, +been myself in possession of it a few days after its receipt, I then +transcribed from it for my own use the recapitulation of the amount of +each description of debt. A copy of this transcript I shall subjoin +hereto, with assurances that it is substantially correct, and with the +hope that it will give a view of the subject sufficiently precise to +fulfill the wishes of the Senate. To save them the delay of waiting till +a copy of the agent's letter could be made, I send the original, with +the request that it may be returned at the convenience of the Senate. + +TH. JEFFERSON. + + + +APRIL 15, 1802. + +_Gentlemen of the House of Representatives_: + +I now transmit the papers desired in your resolution of the 6th +instant. Those respecting the _Berceau_ will sufficiently explain +themselves. The officer charged with her repairs states in his letter, +received August 27, 1801, that he had been led by circumstances, which +he explains, to go considerably beyond his orders. In questions between +nations, who have no common umpire but reason, something must often be +yielded of mutual opinion to enable them to meet in a common point. + +The allowance which had been proposed to the officers of that vessel +being represented as too small for their daily necessities, and still +more so as the means of paying before their departure debts contracted +with our citizens for subsistence, it was requested on their behalf that +the daily pay of each might be the measure of their allowance. + +This being solicited and reimbursement assumed by the agent of their +nation, I deemed that the indulgence would have a propitious effect in +the moment of returning friendship. The sum of $870.83 was accordingly +furnished them for the five months of past captivity and a proportional +allowance authorized until their embarkation. + +TH. JEFFERSON. + + + +APRIL 20, 1802. + +_Gentlemen of the House of Representatives_: + +I transmit you a report from the Secretary of State, with the +information desired by the House of Representatives, of the 8th of +January, relative to certain spoliations and other proceedings therein +referred to. + +TH. JEFFERSON. + + + +APRIL 26, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +In pursuance of the act entitled "An act supplemental to the act +entitled 'An act for an amicable settlement of limits with the State +of Georgia, and authorizing the establishment of a government in the +Mississippi Territory,'" James Madison, Secretary of State, Albert +Gallatin, Secretary of the Treasury, and Levi Lincoln, Attorney-General +of the United States, were appointed commissioners to settle by +compromise with the commissioners appointed by the State of Georgia the +claims and cession to which the said act has relation. + +Articles of agreement and cession have accordingly been entered into and +signed by the said commissioners of the United States and of Georgia, +which, as they leave a right to Congress to act upon them legislatively +at any time within six months after their date, I have thought it my +duty immediately to communicate to the Legislature. + +TH. JEFFERSON. + + + +APRIL 27, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +The commissioners who were appointed to carry into execution the sixth +article of the treaty of amity, commerce, and navigation between the +United States and Great Britain having differed in their construction +of that article, and separated in consequence of that difference, the +President of the United States took immediate measures for obtaining +conventional explanations of that article for the government of the +commissioners. Finding, however, great difficulties opposed to a +settlement in that way, he authorized our minister at the Court of +London to meet a proposition that the United States by the payment of a +fixed sum should discharge themselves from their responsibility for such +debts as can not be recovered from the individual debtors. A convention +has accordingly been signed, fixing the sum to be paid at £600,000 in +three equal and annual installments, which has been ratified by me with +the advice and consent of the Senate. + +I now transmit copies thereof to both Houses of Congress, trusting that +in the free exercise of the authority which the Constitution has given +them on the subject of public expenditures they will deem it for the +public interest to appropriate the sums necessary for carrying this +convention into execution. + +TH. JEFFERSON. + + + + +SECOND ANNUAL MESSAGE. + + +DECEMBER 15, 1802 + +_To the Senate and House of Representatives of the United States_: + +When we assemble together, fellow-citizens, to consider the state of our +beloved country, our just attentions are first drawn to those pleasing +circumstances which mark the goodness of that Being from whose favor +they flow and the large measure of thankfulness we owe for His bounty. +Another year has come around, and finds us still blessed with peace and +friendship abroad; law, order, and religion at home; good affection and +harmony with our Indian neighbors; our burthens lightened, yet our +income sufficient for the public wants, and the produce of the year +great beyond example. These, fellow-citizens, are the circumstances +under which we meet, and we remark with special satisfaction those which +under the smiles of Providence result from the skill, industry, and +order of our citizens, managing their own affairs in their own way and +for their own use, unembarrassed by too much regulation, unoppressed by +fiscal exactions. + +On the restoration of peace in Europe that portion of the general +carrying trade which had fallen to our share during the war was abridged +by the returning competition of the belligerent powers. This was to +be expected, and was just. But in addition we find in some parts of +Europe monopolizing discriminations, which in the form of duties tend +effectually to prohibit the carrying thither our own produce in our own +vessels. From existing amities and a spirit of justice it is hoped that +friendly discussion will produce a fair and adequate reciprocity. But +should false calculations of interest defeat our hope, it rests with the +Legislature to decide whether they will meet inequalities abroad with +countervailing inequalities at home, or provide for the evil in any +other way. + +It is with satisfaction I lay before you an act of the British +Parliament anticipating this subject so far as to authorize a mutual +abolition of the duties and countervailing duties permitted under the +treaty of 1794. It shows on their part a spirit of justice and friendly +accommodation which it is our duty and our interest to cultivate with +all nations. Whether this would produce a due equality in the navigation +between the two countries is a subject for your consideration. + +Another circumstance which claims attention as directly affecting the +very source of our navigation is the defect or the evasion of the law +providing for the return of seamen, and particularly of those belonging +to vessels sold abroad. Numbers of them, discharged in foreign ports, +have been thrown on the hands of our consuls, who, to rescue them from +the dangers into which their distresses might plunge them and save them +to their country, have found it necessary in some cases to return them +at the public charge. + +The cession of the Spanish Province of Louisiana to France, which took +place in the course of the late war, will, if carried into effect, make +a change in the aspect of our foreign relations which will doubtless +have just weight in any deliberations of the Legislature connected with +that subject. + +There was reason not long since to apprehend that the warfare in which +we were engaged with Tripoli might be taken up by some other of the +Barbary Powers. A reenforcement, therefore, was immediately ordered to +the vessels already there. Subsequent information, however, has removed +these apprehensions for the present. To secure our commerce in that sea +with the smallest force competent, we have supposed it best to watch +strictly the harbor of Tripoli. Still, however, the shallowness of their +coast and the want of smaller vessels on our part has permitted some +cruisers to escape unobserved, and to one of these an American vessel +unfortunately fell a prey. The captain, one American seaman, and two +others of color remain prisoners with them unless exchanged under an +agreement formerly made with the Bashaw, to whom, on the faith of that, +some of his captive subjects had been restored. + +The convention with the State of Georgia has been ratified by their +legislature, and a repurchase from the Creeks has been consequently made +of a part of the Talasscee country. In this purchase has been also +comprehended a part of the lands within the fork of Oconee and Oakmulgee +rivers. The particulars of the contract will be laid before Congress so +soon as they shall be in a state for communication. + +In order to remove every ground of difference possible with our Indian +neighbors, I have proceeded in the work of settling with them and +marking the boundaries between us. That with the Choctaw Nation is fixed +in one part and will be through the whole within a short time. The +country to which their title had been extinguished before the Revolution +is sufficient to receive a very respectable population, which Congress +will probably see the expediency of encouraging so soon as the limits +shall be declared. We are to view this position as an outpost of the +United States, surrounded by strong neighbors and distant from its +support; and how far that monopoly which prevents population should +here be guarded against and actual habitation made a condition of +the continuance of title will be for your consideration. A prompt +settlement, too, of all existing rights and claims within this territory +presents itself as a preliminary operation. + +In that part of the Indiana Territory which includes Vincennes the lines +settled with the neighboring tribes fix the extinction of their title +at a breadth of 24 leagues from east to west and about the same length +parallel with and including the Wabash. They have also ceded a tract of +4 miles square, including the salt springs near the mouth of that river. + +In the Department of Finance it is with pleasure I inform you that the +receipts of external duties for the last twelve months have exceeded +those of any former year, and that the ratio of increase has been also +greater than usual. This has enabled us to answer all the regular +exigencies of Government, to pay from the Treasury within one year +upward of $8,000,000, principal and interest, of the public debt, +exclusive of upward of one million paid by the sale of bank stock, and +making in the whole a reduction of nearly five millions and a half of +principal, and to have now in the Treasury $4,500,000, which are in a +course of application to the further discharge of debt and current +demands. Experience, too, so far, authorizes us to believe, if no +extraordinary event supervenes, and the expenses which will be actually +incurred shall not be greater than were contemplated by Congress +at their last session, that we shall not be disappointed in the +expectations then formed. But nevertheless, as the effect of peace +on the amount of duties is not yet fully ascertained, it is the more +necessary to practice every useful economy and to incur no expense which +may be avoided without prejudice. + +The collection of the internal taxes having been completed in some of +the States, the officers employed in it are of course out of commission. +In others they will be so shortly. But in a few, where the arrangements +for the direct tax had been retarded, it will be some time before the +system is closed. It has not yet been thought necessary to employ the +agent authorized by an act of the last session for transacting business +in Europe relative to debts and loans. Nor have we used the power +confided by the same act of prolonging the foreign debt by reloans, and +of redeeming instead thereof an equal sum of the domestic debt. Should, +however, the difficulties of remittance on so large a scale render it +necessary at any time, the power shall be executed and the money thus +unemployed abroad shall, in conformity with that law, be faithfully +applied here in an equivalent extinction of domestic debt. When effects +so salutary result from the plans you have already sanctioned; when +merely by avoiding false objects of expense we are able, without a +direct tax, without internal taxes, and without borrowing to make large +and effectual payments toward the discharge of our public debt and +the emancipation of our posterity from that mortal canker, it is an +encouragement, fellow-citizens, of the highest order to proceed as we +have begun in substituting economy for taxation, and in pursuing what is +useful for a nation placed as we are, rather than what is practiced by +others under different circumstances. And whensoever we are destined to +meet events which shall call forth all the energies of our countrymen, +we have the firmest reliance on those energies and the comfort of +leaving for calls like these the extraordinary resources of loans and +internal taxes. In the meantime, by payments of the principal of our +debt, we are liberating annually portions of the external taxes and +forming from them a growing fund still further to lessen the necessity +of recurring to extraordinary resources. + +The usual account of receipts and expenditures for the last year, with +an estimate of the expenses of the ensuing one, will be laid before you +by the Secretary of the Treasury. + +No change being deemed necessary in our military establishment, an +estimate of its expenses for the ensuing year on its present footing, +as also of the sums to be employed in fortifications and other objects +within that department, has been prepared by the Secretary of War, and +will make a part of the general estimates which will be presented you. + +Considering that our regular troops are employed for local purposes, +and that the militia is our general reliance for great and sudden +emergencies, you will doubtless think this institution worthy of a +review, and give it those improvements of which you find it susceptible. + +Estimates for the Naval Department, prepared by the Secretary of the +Navy, for another year will in like manner be communicated with the +general estimates. A small force in the Mediterranean will still be +necessary to restrain the Tripoline cruisers, and the uncertain tenure +of peace with some other of the Barbary Powers may eventually require +that force to be augmented. The necessity of procuring some smaller +vessels for that service will raise the estimate, but the difference +in their maintenance will soon make it a measure of economy. + +Presuming it will be deemed expedient to expend annually a convenient +sum toward providing the naval defense which our situation may require, +I can not but recommend that the first appropriations for that purpose +may go to the saving what we already possess. No cares, no attentions, +can preserve vessels from rapid decay which lie in water and exposed +to the sun. These decays require great and constant repairs, and will +consume, if continued, a great portion of the moneys destined to naval +purposes. To avoid this waste of our resources it is proposed to add +to our navy-yard here a dock within which our present vessels may be +laid up dry and under cover from the sun. Under these circumstances +experience proves that works of wood will remain scarcely at all +affected by time. The great abundance of running water which this +situation possesses, at heights far above the level of the tide, if +employed as is practiced for lock navigation, furnishes the means for +raising and laying up our vessels on a dry and sheltered bed. And should +the measure be found useful here, similar depositories for laying up as +well as for building and repairing vessels may hereafter be undertaken +at other navy-yards offering the same means. The plans and estimates +of the work, prepared by a person of skill and experience, will be +presented to you without delay, and from this it will be seen that +scarcely more than has been the cost of one vessel is necessary to save +the whole, and that the annual sum to be employed toward its completion +may be adapted to the views of the Legislature as to naval expenditure. + +To cultivate peace and maintain commerce and navigation in all their +lawful enterprises; to foster our fisheries as nurseries of navigation +and for the nurture of man, and protect the manufactures adapted to our +circumstances; to preserve the faith of the nation by an exact discharge +of its debts and contracts, expend the public money with the same care +and economy we would practice with our own, and impose on our citizens +no unnecessary burthens; to keep in all things within the pale of our +constitutional powers, and cherish the federal union as the only rock +of safety--these, fellow-citizens, are the landmarks by which we are to +guide our selves in all our proceedings. By continuing to make these the +rule of our action we shall endear to our countrymen the true principles +of their Constitution and promote an union of sentiment and of action +equally auspicious to their happiness and safety. On my part, you may +count on a cordial concurrence in every measure for the public good and +on all the information I possess which may enable you to discharge to +advantage the high functions with which you are invested by your +country. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 22, 1802. + +_Gentlemen of the House of Representatives_: + +I now transmit a report from the Secretary of State with the information +requested in your resolution of the 17th instant. + +In making this communication I deem it proper to observe that I was led +by the regard due to the rights and interests of the United States and +to the just sensibility of the portion of our fellow-citizens more +immediately affected by the irregular proceeding at New Orleans to lose +not a moment in causing every step to be taken which the occasion +claimed from me, being equally aware of the obligation to maintain in +all cases the rights of the nation and to employ for that purpose those +just and honorable means which belong to the character of the United +States. + +TH. JEFFERSON. + + + +DECEMBER 23, 1802. + +_Gentlemen of the House of Representatives_. + +In pursuance of the resolution of the House of Representatives of the 3d +of May last, desiring a statement of expenditures from January 1, 1797, +by the Quartermaster-General and the navy agents, for the contingencies +of the naval and military establishments and the navy contracts for +timber and stores, I now transmit such statements from the offices of +the Secretaries of the Treasury, War, and Navy, where alone these +expenditures are entered. + +TH. JEFFERSON. + + + +DECEMBER 27, 1802. + +_Gentlemen of the Senate_: + +I lay before you a treaty, which has been agreed to by commissioners +duly authorized on the part of the United States and the Creek Nation +of Indians, for the extinguishment of the native title to lands in the +Talassee County, and others between the forks of Oconce and Oakmulgee +rivers, in Georgia, in pursuance of the convention with that State, +together with the documents explanatory thereof; and it is submitted +to your determination whether you will advise and consent to the +ratification thereof. + +TH. JEFFERSON. + + + +DECEMBER 27, 1802. + +_Gentlemen of the Senate_: + +I lay before you a treaty, which has been concluded between the State of +New York and the Oneida Indians, for the purchase of lands within that +State. + +One other, between the same State and the Seneca Indians, for the +purchase of other lands within the same State. + +One other, between certain individuals styled the Holland Company with +the Senecas, for the exchange of certain lands in the same State. + +And one other, between Oliver Phelps, a citizen of the United States, +and the Senecas, for the exchange of lands in the same State; with +sundry explanatory papers, all of them conducted under the +superintendence of a commissioner on the part of the United States, who +reports that they have been adjusted with the fair and free consent +and understanding of the parties. It is therefore submitted to your +determination whether you will advise and consent to their respective +ratifications. + +TH. JEFFERSON. + + + +DECEMBER 27, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +In my message of the 15th instant I mentioned that plans and estimates +of a dry dock for the preservation of our ships of war, prepared by a +person of skill and experience, should be laid before you without delay. +These are now transmitted, the report and estimates by duplicates; but +the plans being single only, I must request an intercommunication of +them between the Houses and their return when they shall no longer be +wanting for their consideration. + +TH. JEFFERSON. + + + +DECEMBER 30, 1802. + +_Gentlemen of the House of Representatives_: + +In addition to the information accompanying my message of the 22d +instant, I now transmit the copy of a letter on the same subject, +recently received. + +TH. JEFFERSON. + + + +WASHINGTON, _December 30, 1802_. + +The SPEAKER OF THE HOUSE OF REPRESENTATIVES. + +SIR: Although an informal communication to the public of the substance +of the inclosed letter may be proper for quieting the public mind, yet I +refer to the consideration of the House of Representatives whether the +publication of it in form might not give dissatisfaction to the writer +and tend to discourage the freedom and confidence of communications +between the agents of the two Governments. Accept assurances of my high +consideration and respect. + +TH. JEFFERSON. + + + +NATCHEZ, _November 25, 1802_. + +The Honorable the Secretary of State, + +_Washington_. + +SIR: I have the honor to inclose you an original copy of a communication +(together with a translation thereof) which I this morning received +from the governor-general of the Province of Louisiana in answer to my +letters of the 28th ultimo. + +I am, sir, with respect and esteem, your humble servant, + +WILLIAM C.C. CLAIBORNE. + + + +[Translation.] + +New Orleans, _November 15, 1802_. + +His Excellency WILLIAM C.C. CLAIBORNE. + +Most Excellent Sir: I received a few days past your excellency's +esteemed letter of the 28th ultimo, in which your excellency, referring +to the twenty-second article of the treaty of friendship, navigation, +and limits agreed upon between the King, my master, and the United +States of America, has been pleased to inquire, after transcribing the +literal text of said article (which you find so explicit as not to +require any comment nor to admit of dubious construction), if His +Majesty has been pleased to designate any other position on the banks +of the Mississippi, and where that is, if his royal pleasure does not +continue the permission stipulated by the said treaty which entitled the +citizens of the United States to deposit their merchandise and effects +in the port of New Orleans; and you request at the same time that, as +the affair is so interesting to the commerce of the United States and +to the welfare of its citizens, I may do you the favor to send you an +answer as early as possible. I can now assure your excellency that His +Catholic Majesty has not hitherto issued any order for suspending the +deposit, and consequently has not designated any other position on the +banks of the Mississippi for that purpose. But I must inform you, in +answer to your inquiry, that the intendant of these provinces (who +in the affairs of his own department is independent of the general +Government), at the same time that, in conformity with the royal +commands (the peace in Europe having been published since the 4th of May +last), he suspended the commerce of neutrals, also thought proper to +suspend the tacit prolongation which continued, and to put a stop to +the infinite abuses which resulted from the deposit, contrary to the +interest of the State and of the commerce of these colonies, in +consequence of the experience he acquired of the frauds which have been +committed and which it has been endeavored to excuse under the pretext +of ignorance, as is manifested by the number of causes which now await +the determination of His Majesty, as soon as they can be brought to his +royal knowledge, besides many others which have been dropt because the +individuals have absconded who introduced their properties into the +deposit and did not extract them, thus defrauding the royal interests. + +It might appear on the first view that particular cases like these ought +not to operate against a general privilege granted by a solemn treaty, +and it is an incontestable principle that the happiness of nations +consists in a great measure in maintaining a good harmony and +correspondence with their neighbors by respecting their rights, by +supporting their own, without being deficient in what is required by +humanity and civil intercourse; but it is also indubitable that for a +treaty, although solemn, to be entirely valid it ought not to contain +any defect; and if it be pernicious and of an injurious tendency, +although it has been effectuated with good faith but without a knowledge +of its bad consequence, it will be necessary to undo it, because +treaties ought to be viewed like other acts of public will, in which +more attention ought to be paid to the intention than to the words in +which they are expressed; and thus it will not appear so repugnant +that the term of three years fixed by the twenty-second article being +completed without the King's having granted a prolongation, the +intendancy should not, after putting a stop to the commerce of neutrals, +take upon itself the responsibility of continuing that favor without the +express mandate of the King, a circumstance equally indispensable for +designating another place on the banks of the Mississippi. + +From the foregoing I trust that you will infer that as it is the duty of +the intendant, who conducts the business of his ministry with a perfect +independence of the Government, to have informed the King of what he has +done in fulfillment of what has been expressly stipulated, it is to be +hoped that His Majesty will take the measures which are convenient to +give effect to the deposit, either in this capital, if he should not +find it prejudicial to the interests of Spain, or in the place on +the banks of the Mississippi which it may be his royal pleasure to +designate; as it ought to be confided that the justice and generosity +of the King will not refuse to afford to the American citizens all +the advantages they can desire, a measure which does not depend upon +discretion, nor can an individual chief take it upon himself. Besides +these principles on which the regulation of the intendant is founded, I +ought at the same time to inform you that I myself opposed on my part, +as far as I reasonably could, the measure of suspending the deposit, +until the reasons adduced by the intendant brought it to my view; that +as all events can not be prevented, and as with time and different +circumstances various others occur which can not be foreseen, a just +and rational interpretation is always necessary. Notwithstanding the +foregoing, the result of my own reflections, I immediately consulted on +the occasion with my captain-general, whose answer, which can not be +long delayed, will dissipate every doubt that may be raised concerning +the steps which are to be taken, By all means your excellency may live +in the firm persuasion that as there has subsisted, and does subsist, +the most perfect and constant good harmony between the King, my master, +and the United States of America, I will spare no pains to preserve it +by all the means in my power, being assured of a reciprocity of equal +good offices in observing the treaty with good faith, ever keeping it in +view that the felicity and glory of nations are deeply concerned in the +advantages of a wise and prudently conducted commerce. + +I have the honor to assure your excellency of the respect and high +consideration which I profess for you; and I pray the Most High to +preserve your life many years. + +I kiss your excellency's hands. + +Your most affectionate servant, + +MANUEL DE SALCEDO. + + + +JANUARY 5, 1803. + +_Gentlemen of the House of Representatives_: + +Agreeably to the request of the House of Representatives, I now transmit +a statement of the militia of those States from which any returns have +been made to the War Office. They are, as you will perceive, but a small +proportion of the whole. I send you also the copy of a circular letter +written some time since for the purpose of obtaining returns from all +the States. Should any others in consequence of this be made during the +session of Congress, they shall be immediately communicated. + +TH. JEFFERSON. + + + +JANUARY 7, 1803. + +_Gentlemen of the Senate_: + +I submit for your approbation and consent a convention entered into with +the Choctaw Nation of Indians for ascertaining and marking the limits of +the territory ceded to our nation while under its former government, and +lying between the Tombigbee and Mobile rivers on the east and the +Chickasawhay River on the west. + +We are now engaged in ascertaining and marking in like manner the limits +of the former cessions of the Choctaws from the river Yazoo to our +southern boundary, which will be the subject of another convention, +and we expect to obtain from the same nation a new cession of lands +of considerable extent between the Tombigbee and Alabama rivers. + +These several tracts of country will compose that portion of the +Mississippi Territory which, so soon as certain individual claims are +arranged, the United States will be free to sell and settle immediately. + +TH. JEFFERSON + + + +JANUARY 11, 1803. + +_Gentlemen of the Senate_: + +The cession of the Spanish Province of Louisiana to France, and perhaps +of the Floridas, and the late suspension of our right of deposit at New +Orleans are events of primary interest to the United States. On both +occasions such measures were promptly taken as were thought most +likely amicably to remove the present and to prevent future causes of +inquietude. The objects of these measures were to obtain the territory +on the left bank of the Mississippi and eastward of that, if +practicable, on conditions to which the proper authorities of our +country would agree, or at least to prevent any changes which might +lessen the secure exercise of our rights. While my confidence in our +minister plenipotentiary at Paris is entire and undiminished, I still +think that these objects might be promoted by joining with him a person +sent from hence directly, carrying with him the feelings and sentiments +of the nation excited on the late occurrence, impressed by full +communications of all the views we entertain on this interesting +subject, and thus prepared to meet and to improve to an useful result +the counter propositions of the other contracting party, whatsoever form +their interests may give to them, and to secure to us the ultimate +accomplishment of our object. + +I therefore nominate Robert R. Livingston to be minister plenipotentiary +and James Monroe to be minister extraordinary and plenipotentiary, with +full powers to both jointly, or to either on the death of the other, to +enter into a treaty or convention with the First Consul of France for +the purpose of enlarging and more effectually securing our rights and +interests in the river Mississippi and in the Territories eastward +thereof. + +But as the possession of these provinces is still in Spain, and the +course of events may retard or prevent the cession to France being +carried into effect, to secure our object it will be expedient to +address equal powers to the Government of Spain also, to be used only +in the event of its being necessary. + +I therefore nominate Charles Pinckney to be minister plenipotentiary, +and James Monroe, of Virginia, to be minister extraordinary and +plenipotentiary, with full powers to both jointly, or to either on the +death of the other, to enter into a treaty or convention with His +Catholic Majesty for the purpose of enlarging and more effectually +securing our rights and interests in the river Mississippi and in the +Territories eastward thereof. + +TH. JEFFERSON. + + + +JANUARY 11, 1803. + +_Gentlemen of the Senate_: + +The spoliations and irregularities committed on our commerce during +the late war by subjects of Spain or by others deemed within her +responsibility having called for attention, instructions were +accordingly given to our minister at Madrid to urge our right to just +indemnifications, and to propose a convention for adjusting them. The +Spanish Government listened to our proposition with an honorable +readiness and agreed to a convention, which I now submit for your advice +and consent. It does not go to the satisfaction of all our claims, but +the express reservation of our right to press the validity of the +residue has been made the ground of further instructions to our minister +on the subject of an additional article, which it is to be hoped will +not be without effect. + +TH. JEFFERSON. + + + +JANUARY 18, 1803. + +_Gentlemen of the Senate and of the House of Representatives_: + +As the continuance of the act for establishing trading houses with the +Indian tribes will be under the consideration of the Legislature at its +present session, I think it my duty to communicate the views which have +guided me in the execution of that act, in order that you may decide +on the policy of continuing it in the present or any other form, or +discontinue it altogether if that shall, on the whole, seem most for +the public good. + +The Indian tribes residing within the limits of the United States +have for a considerable time been growing more and more uneasy at the +constant diminution of the territory they occupy, although effected by +their own voluntary sales, and the policy has long been gaining strength +with them of refusing absolutely all further sale on any conditions, +insomuch that at this time it hazards their friendship and excites +dangerous jealousies and perturbations in their minds to make any +overture for the purchase of the smallest portions of their land. A +very few tribes only are not yet obstinately in these dispositions. In +order peaceably to counteract this policy of theirs and to provide an +extension of territory which the rapid increase of our numbers will call +for, two measures are deemed expedient. First. To encourage them to +abandon hunting, to apply to the raising stock, to agriculture, and +domestic manufacture, and thereby prove to themselves that less land and +labor will maintain them in this better than in their former mode of +living. The extensive forests necessary in the hunting life will then +become useless, and they will see advantage in exchanging them for +the means of improving their farms and of increasing their domestic +comforts. Secondly. To multiply trading houses among them, and place +within their reach those things which will contribute more to their +domestic comfort than the possession of extensive but uncultivated +wilds. Experience and reflection will develop to them the wisdom of +exchanging what they can spare and we want for what we can spare and +they want. In leading them thus to agriculture, to manufactures, and +civilization; in bringing together their and our sentiments, and +in preparing them ultimately to participate in the benefits of our +Government, I trust and believe we are acting for their greatest good. +At these trading houses we have pursued the principles of the act of +Congress which directs that the commerce shall be carried on liberally, +and requires only that the capital stock shall not be diminished. We +consequently undersell private traders, foreign and domestic, drive them +from the competition, and thus, with the good will of the Indians, rid +ourselves of a description of men who are constantly endeavoring to +excite in the Indian mind suspicions, fears, and irritations toward us. +A letter now inclosed shows the effect of our competition on the +operations of the traders, while the Indians, perceiving the advantage +of purchasing from us, are soliciting generally our establishment +of trading houses among them. In one quarter this is particularly +interesting. The legislature, reflecting on the late occurrences on +the Mississippi, must be sensible how desirable it is to possess a +respectable breadth of country on that river, from our southern limit to +the Illinois, at least, so that we may present as firm a front on that +as on our eastern border. We possess what is below the Yazoo, and can +probably acquire a certain breadth from the Illinois and Wabash to the +Ohio; but between the Ohio and Yazoo the country all belongs to the +Chickasaws, the most friendly tribe within our limits, but the most +decided against the alienation of lands. The portion of their country +most important for us is exactly that which they do not inhabit. Their +settlements are not on the Mississippi, but in the interior country. +They have lately shown a desire to become agricultural, and this leads +to the desire of buying implements and comforts. In the strengthening +and gratifying of these wants I see the only prospect of planting on the +Mississippi itself the means of its own safety. Duty has required me to +submit these views to the judgment of the Legislature, but as their +disclosure might embarrass and defeat their effect, they are committed +to the special confidence of the two Houses. + +While the extension of the public commerce among the Indian tribes may +deprive of that source of profit such of our citizens as are engaged +in it, it might be worthy the attention of Congress in their care of +individual as well as of the general interest to point in another +direction the enterprise of these citizens, as profitably for themselves +and more usefully for the public. The river Missouri and the Indians +inhabiting it are not as well known as is rendered desirable by their +connection with the Mississippi, and consequently with us. It is, +however, understood that the country on that river is inhabited by +numerous tribes, who furnish great supplies of furs and peltry to the +trade of another nation, carried on in a high latitude through an +infinite number of portages and lakes shut up by ice through a long +season. The commerce on that line could bear no competition with that of +the Missouri, traversing a moderate climate, offering, according to the +best accounts, a continued navigation from its source, and possibly with +a single portage from the Western Ocean, and finding to the Atlantic a +choice of channels through the Illinois or Wabash, the Lakes and Hudson, +through the Ohio and Susquehanna, or Potomac or James rivers, and +through the Tennessee and Savannah rivers. An intelligent officer, +with ten or twelve chosen men, fit for the enterprise and willing to +undertake it, taken from our posts where they may be spared without +inconvenience, might explore the whole line, even to the Western +Ocean, have conferences with the natives on the subject of commercial +intercourse, get admission among them for our traders as others are +admitted, agree on convenient deposits for an interchange of articles, +and return with the information acquired in the course of two summers. +Their arms and accouterments, some instruments of observation, and light +and cheap presents for the Indians would be all the apparatus they could +carry, and with an expectation of a soldier's portion of land on their +return would constitute the whole expense. Their pay would be going on +whether here or there. While other civilized nations have encountered +great expense to enlarge the boundaries of knowledge by undertaking +voyages of discovery, and for other literary purposes, in various parts +and directions, our nation seems to owe to the same object, as well +as to its own interests, to explore this the only line of easy +communication across the continent, and so directly traversing our own +part of it. The interests of commerce place the principal object within +the constitutional powers and care of Congress, and that it should +incidentally advance the geographical knowledge of our own continent +can not but be an additional gratification. The nation claiming the +territory, regarding this as a literary pursuit, which it is in the +habit of permitting within its dominions, would not be disposed to view +it with jealousy, even if the expiring state of its interests there did +not render it a matter of indifference. The appropriation of $2,500 "for +the purpose of extending the external commerce of the United States," +while understood and considered by the Executive as giving the +legislative sanction, would cover the undertaking from notice and +prevent the obstructions which interested individuals might otherwise +previously prepare in its way. + +TH. JEFFERSON. + + + +JANUARY 18, 1803. + +_Gentlemen of the Senate and of the House of Representatives_: + +I inclose a report of the Secretary of War, stating the trading houses +established in the Indian territories, the progress which has been made +in the course of the last year in settling and marking boundaries with +the different tribes, the purchases of lands recently made from them, +and the prospect of further progress in marking boundaries and in new +extinguishments of title in the year to come, for which some +appropriations of money will be wanting. + +To this I have to add that when the Indians ceded to us the salt springs +on the Wabash they expressed a hope that we would so employ them as to +enable them to procure there the necessary supplies of salt. Indeed, it +would be the most proper and acceptable form in which the annuity could +be paid which we propose to give them for the cession. These springs +might at the same time be rendered eminently serviceable to our Western +inhabitants by using them as the means of counteracting the monopolies +of supplies of salt and of reducing the price in that country to a just +level. For these purposes a small appropriation would be necessary to +meet the first expenses, after which they should support themselves and +repay those advances. These springs are said to possess the advantage of +being accompanied with a bed of coal. + +TH. JEFFERSON. + + + +JANUARY 19, 1803. + +_Gentlemen of the Senate and of the House of Representatives_: + +I now lay before Congress the annual account of the fund established +for defraying the contingent charges of Government. A single article of +$1,440, paid for bringing home 72 seamen discharged in foreign ports +from vessels sold abroad, is the only expenditure from that fund, +leaving an unexpended balance of $18,560 in the Treasury. + +TH. JEFFERSON. + + + +JANUARY 24. 1803. + +_Gentlemen of the Senate and of the House of Representatives_: + +I transmit a report by the superintendent of the city of Washington on +the affairs of the city committed to his care. By this you will perceive +that the resales of lots prescribed by an act of the last session of +Congress did not produce a sufficiency to pay the debt to Maryland +to which they are appropriated, and as it was evident that the sums +necessary for the interest and installments due to that State could not +be produced by a sale of the other public lots without an unwarrantable +sacrifice of the property, the deficiencies were of necessity drawn from +the Treasury of the United States. + +The office of the surveyor for the city, created during the former +establishment, being of indispensable necessity, it has been continued, +and to that of the superintendent, substituted instead of the board of +commissioners at the last session of Congress, no salary was annexed by +law. These offices being permanent, I have supposed it more agreeable to +principle that their salaries should be fixed by the Legislature, and +therefore have assigned them none. Their services to be compensated are +from the 1st day of June last. + +The marshal of the District of Columbia has, as directed by law, caused +a jail to be built in the city of Washington. I inclose his statements +of the expenses already incurred and of what remains to be finished. The +portion actually completed has rendered the situation of the persons +confined much more comfortable and secure than it has been heretofore. + +TH. JEFFERSON. + + + +FEBRUARY 3, 1803. + +_Gentlemen of the House of Representatives_: + +The inclosed letter and affidavits exhibiting matter of complaint against +John Pickering, district judge of New Hampshire, which is not within +Executive cognizance, I transmit them to the House of Representatives, +to whom the Constitution has confided a power of instituting proceedings +of redress, if they shall be of opinion that the case calls for them. + +TH. JEFFERSON. + + + +FEBRUARY 14, 1803. + +_Gentlemen of the Senate and of the House of Representatives_: + +In obedience to the ordinance for the government of the Territories of +the United States requiring that the laws adopted by the governor and +judges thereof shall be reported to Congress from time to time, I now +transmit those which have been adopted in the Indiana Territory from +January, 1801, to February, 1802, as forwarded to the office of the +Secretary of State. + +TH. JEFFERSON. + + + +FEBRUARY 21, 1803. + +_Gentlemen of the Senate_: + +The Tuscarora Indians, having an interest in some lands within the State +of North Carolina, asked the superintendence of the Government of the +United States over a treaty to be held between them and the State of +North Carolina respecting these lands. William Richardson Davie was +appointed a commissioner for this purpose, and a treaty was concluded +under his superintendence. This, with his letter on the subject, is now +laid before the Senate for their advice and consent whether it shall be +ratified. + +TH. JEFFERSON. + + + +FEBRUARY 23, 1803. + +_Gentlemen of the Senate and House of Representatives_: + +I lay before you a report of the Secretary of State on the case of +the Danish brigantine _Henrick_, taken by a French privateer in 1799, +retaken by an armed vessel of the United States, carried into a British +island, and there adjudged to be neutral, but under allowance of such +salvage and costs as absorbed nearly the whole amount of sales of +the vessel and cargo. Indemnification for these losses occasioned +by our officers is now claimed by the sufferers, supported by the +representations of their Government. I have no doubt the legislature +will give to the subject that just attention and consideration which +it is useful as well as honorable to practice in our transactions with +other nations, and particularly with one which has observed toward us +the most friendly treatment and regard. + +TH. JEFFERSON. + + + + + +PROCLAMATION. + + +[From the National Intelligencer, July 18, 1803.] + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +Whereas great and weighty matters claiming the consideration of the +Congress of the United States form an extraordinary occasion for +convening them, I do by these presents appoint Monday, the 17th day +of October next, for their meeting at the city of Washington, hereby +requiring their respective Senators and Representatives then and there +to assemble in Congress, in order to receive such communications as may +then be made to them and to consult and determine on such measures as in +their wisdom may be deemed meet for the welfare of the United States. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to be +hereunto affixed, and signed the same with my hand. + +Done at the city of Washington, the 16th day of July, A.D. 1803, and +in the twenty-eighth year of the Independence of the United States. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary_. + + + + +THIRD ANNUAL MESSAGE. + + +OCTOBER 17, 1803. + +_To the Senate and House of Representatives of the United States_: + +In calling you together, fellow-citizens, at an earlier day than was +contemplated by the act of the last session of Congress, I have not been +insensible to the personal inconveniences necessarily resulting from +an unexpected change in your arrangements. But matters of great public +concernment have rendered this call necessary, and the interests you +feel in these will supersede in your minds all private considerations. + +Congress witnessed at their late session the extraordinary agitation +produced in the public mind by the suspension of our right of deposit at +the port of New Orleans, no assignment of another place having been made +according to treaty. They were sensible that the continuance of that +privation would be more injurious to our nation than any consequences +which could flow from any mode of redress, but reposing just confidence +in the good faith of the Government whose officer had committed the +wrong, friendly and reasonable representations were resorted to, and +the right of deposit was restored. + +Previous, however, to this period we had not been unaware of the danger +to which our peace would be perpetually exposed whilst so important a +key to the commerce of the Western country remained under foreign power. +Difficulties, too, were presenting themselves as to the navigation of +other streams which, arising within our territories, pass through those +adjacent. Propositions had therefore been authorized for obtaining on +fair conditions the sovereignty of New Orleans and of other possessions +in that quarter interesting to our quiet to such extent as was deemed +practicable, and the provisional appropriation of $2,000,000 to be +applied and accounted for by the President of the United States, +intended as part of the price, was considered as conveying the sanction +of Congress to the acquisition proposed. The enlightened Government of +France saw with just discernment the importance to both nations of such +liberal arrangements as might best and permanently promote the peace, +friendship, and interests of both, and the property and sovereignty of +all Louisiana which had been restored to them have on certain conditions +been transferred to the United States by instruments bearing date the +30th of April last. When these shall have received the constitutional +sanction of the Senate, they will without delay be communicated to the +Representatives also for the exercise of their functions as to those +conditions which are within the powers vested by the Constitution in +Congress. + +Whilst the property and sovereignty of the Mississippi and its waters +secure an independent outlet for the produce of the Western States +and an uncontrolled navigation through their whole course, free from +collision with other powers and the dangers to our peace from that +source, the fertility of the country, its climate and extent, promise +in due season important aids to our Treasury, an ample provision for +our posterity, and a wide spread for the blessings of freedom and +equal laws. + +With the wisdom of Congress it will rest to take those ulterior measures +which may be necessary for the immediate occupation and temporary +government of the country; for its incorporation into our Union; for +rendering the change of government a blessing to our newly adopted +brethren; for securing to them the rights of conscience and of property; +for confirming to the Indian inhabitants their occupancy and +self-government, establishing friendly and commercial relations with +them, and for ascertaining the geography of the country acquired. Such +materials, for your information, relative to its affairs in general as +the short space of time has permitted me to collect will be laid before +you when the subject shall be in a state for your consideration. + +Another important acquisition of territory has also been made since the +last session of Congress. The friendly tribe of Kaskaskia Indians, with +which we have never had a difference, reduced by the wars and wants of +savage life to a few individuals unable to defend themselves against the +neighboring tribes, has transferred its country to the United States, +reserving only for its members what is sufficient to maintain them in an +agricultural way. The considerations stipulated are that we shall extend +to them our patronage and protection and give them certain annual +aids in money, in implements of agriculture, and other articles of +their choice. This country, among the most fertile within our limits, +extending along the Mississippi from the mouth of the Illinois to and up +the Ohio, though not so necessary as a barrier since the acquisition of +the other bank, may yet be well worthy of being laid open to immediate +settlement, as its inhabitants may descend with rapidity in support of +the lower country should future circumstances expose that to foreign +enterprise. As the stipulations in this treaty also involve matters +within the competence of both Houses only, it will be laid before +Congress as soon as the Senate shall have advised its ratification. + +With many of the other Indian tribes improvements in agriculture +and household manufacture are advancing, and with all our peace and +friendship are established on grounds much firmer than heretofore. +The measure adopted of establishing trading houses among them and of +furnishing them necessaries in exchange for their commodities at such +moderate prices as leave no gain, but cover us from loss, has the most +conciliatory and useful effect on them, and is that which will best +secure their peace and good will. + +The small vessels authorized by Congress with a view to the +Mediterranean service have been sent into that sea, and will be able +more effectually to confine the Tripoline cruisers within their harbors +and supersede the necessity of convoy to our commerce in that quarter. +They will sensibly lessen the expenses of that service the ensuing year. + +A further knowledge of the ground in the northeastern and northwestern +angles of the United States has evinced that the boundaries established +by the treaty of Paris between the British territories and ours in those +parts were too imperfectly described to be susceptible of execution. +It has therefore been thought worthy of attention for preserving and +cherishing the harmony and useful intercourse subsisting between the +two nations to remove by timely arrangements what unfavorable incidents +might otherwise render a ground of future misunderstanding. A convention +has therefore been entered into which provides for a practicable +demarcation of those limits to the satisfaction of both parties. + +An account of the receipts and expenditures of the year ending the 30th +of September last, with the estimates for the service of the ensuing +year, will be laid before you by the Secretary of the Treasury so soon +as the receipts of the last quarter shall be returned from the more +distant States. It is already ascertained that the amount paid into the +Treasury for that year has been between $11,000,000 and $12,000,000, and +that the revenue accrued during the same term exceeds the sum counted on +as sufficient for our current expenses and to extinguish the public debt +within the period heretofore proposed. + +The amount of debt paid for the same year is about $3,100,000, exclusive +of interest, and making, with the payment of the preceding year, a +discharge of more than $8,500,000 of the principal of that debt, +besides the accruing interest; and there remain in the Treasury nearly +$6,000,000. Of these, $880,000 have been reserved for payment of the +first installment due under the British convention of January 8, 1802, +and two millions are what have been before mentioned as placed by +Congress under the power and accountability of the President toward the +price of New Orleans and other territories acquired, which, remaining +untouched, are still applicable to that object and go in diminution of +the sum to be funded for it. + +Should the acquisition of Louisiana be constitutionally confirmed and +carried into effect, a sum of nearly $13,000,000 will then be added to +our public debt, most of which is payable after fifteen years, before +which term the present existing debts will all be discharged by the +established operation of the sinking fund. When we contemplate the +ordinary annual augmentation of impost from increasing population and +wealth, the augmentation of the same revenue by its extension to the new +acquisition, and the economies which may still be introduced into our +public expenditures, I can not but hope that Congress in reviewing their +resources will find means to meet the intermediate interest of this +additional debt without recurring to new taxes, and applying to this +object only the ordinary progression of our revenue. Its extraordinary +increase in times of foreign war will be the proper and sufficient fund +for any measures of safety or precaution which that state of things may +render necessary in our neutral position. + +Remittances for the installments of our foreign debt having been found +practicable without loss, it has not been thought expedient to use the +power given by a former act of Congress of continuing them by reloans, +and of redeeming instead thereof equal sums of domestic debt, although +no difficulty was found in obtaining that accommodation. + +The sum of $50,000 appropriated by Congress for providing gunboats +remains unexpended. The favorable and peaceable turn of affairs on the +Mississippi rendered an immediate execution of that law unnecessary, +and time was desirable in order that the institution of that branch of +our force might begin on models the most approved by experience, The +same issue of events dispensed with a resort to the appropriation of +$1,500,000, contemplated for purposes which were effected by happier +means. + +We have seen with sincere concern the flames of war lighted up again +in Europe, and nations with which we have the most friendly and useful +relations engaged in mutual destruction. While we regret the miseries +in which we see others involved, let us bow with gratitude to that +kind Providence which, inspiring with wisdom and moderation our late +legislative councils while placed under the urgency of the greatest +wrongs, guarded us from hastily entering into the sanguinary contest and +left us only to look on and to pity its ravages. These will be heaviest +on those immediately engaged. Yet the nations pursuing peace will not +be exempt from all evil. In the course of this conflict let it be our +endeavor, as it is our interest and desire, to cultivate the friendship +of the belligerent nations by every act of justice and of innocent +kindness; to receive their armed vessels with hospitality from the +distresses of the sea, but to administer the means of annoyance to none; +to establish in our harbors such a police as may maintain law and order; +to restrain our citizens from embarking individually in a war in which +their country takes no part; to punish severely those persons, citizen +or alien, who shall usurp the cover of our flag for vessels not entitled +to it, infecting thereby with suspicion those of real Americans and +committing us into controversies for the redress of wrongs not our +own; to exact from every nation the observance toward our vessels and +citizens of those principles and practices which all civilized people +acknowledge; to merit the character of a just nation, and maintain +that of an independent one, preferring every consequence to insult and +habitual wrong. Congress will consider whether the existing laws enable +us efficaciously to maintain this course with our citizens in all places +and with others while within the limits of our jurisdiction, and will +give them the new modifications necessary for these objects. Some +contraventions of right have already taken place, both within our +jurisdictional limits and on the high seas. The friendly disposition of +the Governments from whose agents they have proceeded, as well as their +wisdom and regard for justice, leave us in reasonable expectation that +they will be rectified and prevented in future, and that no act will +be countenanced by them which threatens to disturb our friendly +intercourse. Separated by a wide ocean from the nations of Europe +and from the political interests which entangle them together, with +productions and wants which render our commerce and friendship useful to +them and theirs to us, it can not be the interest of any to assail us, +nor ours to disturb them. We should be most unwise, indeed, were we to +cast away the singular blessings of the position in which nature has +placed us, the opportunity she has endowed us with of pursuing, at a +distance from foreign contentions, the paths of industry, peace, and +happiness, of cultivating general friendship, and of bringing collisions +of interest to the umpirage of reason rather than of force. How +desirable, then, must it be in a Government like ours to see its +citizens adopt individually the views, the interests, and the conduct +which their country should pursue, divesting themselves of those +passions and partialities which tend to lessen useful friendships and to +embarrass and embroil us in the calamitous scenes of Europe. Confident, +fellow-citizens, that you will duly estimate the importance of neutral +dispositions toward the observance of neutral conduct, that you will +be sensible how much it is our duty to look on the bloody arena spread +before us with commiseration indeed, but with no other wish than to see +it closed, I am persuaded you will cordially cherish these dispositions +in all discussions among yourselves and in all communications with your +constituents; and I anticipate with satisfaction the measures of wisdom +which the great interests now committed to you will give _you_ an +opportunity of providing, and _myself_ that of approving and of +carrying into execution with the fidelity I owe to my country, + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +OCTOBER 17, 1803. + +_Gentlemen of the Senate_: + +In my message of this day to both Houses of Congress I explained the +circumstances which had led to the conclusion of conventions with France +for the cession of the Province of Louisiana to the United States. Those +conventions are now laid before you with such communications relating to +them as may assist in deciding whether you will advise and consent to +their ratification. + +The ratification of the First Consul of France is in the hands of his +chargé d'affaires here, to be exchanged for that of the United States +whensoever, before the 30th instant, it shall be in readiness. + +TH. JEFFERSON. + + + +OCTOBER 21, 1803. + +_To the Senate and House of Representatives of the United States_: + +In my communication to you of the 17th instant I informed you that +conventions had been entered into with the Government of France for the +cession of Louisiana to the United States. These, with the advice and +consent of the Senate, having now been ratified and my ratification +exchanged for that of the First Consul of France in due form, they are +communicated to you for consideration in your legislative capacity. You +will observe that some important conditions can not be carried into +execution but with the aid of the Legislature, and that time presses +a decision on them without delay. + +The ulterior provisions, also suggested in the same communication, +for the occupation and government of the country will call for early +attention. Such information relative to its government as time and +distance have permitted me to obtain will be ready to be laid before you +within a few days; but as permanent arrangements for this object may +require time and deliberation, it is for your consideration whether you +will not forthwith make such temporary provisions for the preservation +in the meanwhile of order and tranquillity in the country as the case +may require. + +TH. JEFFERSON. + + + +OCTOBER 24, 1803. + +_To the Senate of the United States_: + +I lay before you the convention signed on the 12th day of May last +between the United States and Great Britain for settling their +boundaries in the northeastern and northwestern parts of the United +States, which was mentioned in my general message of the 17th instant, +together with such papers relating thereto as may enable you to +determine whether you will advise and consent to its ratification. + +TH. JEFFERSON. + + + +OCTOBER 31, 1803. + +_To the Senate of the United States of America_: + +I now lay before you the treaty mentioned im my general message at the +opening of the session as having been concluded with the Kaskaskia +Indians for the transfer of their country to us under certain +reservations and conditions. + +Progress having been made in the demarcation of Indian boundaries, I am +now able to communicate, to you a treaty with the Delawares, Shawanese, +Potawatamies, Miamis, Eel-rivers, Weeas, Kickapoos, Piankeshaws, and +Kaskaskias, establishing the boundaries of the territory around St. +Vincennes. + +Also a supplementary treaty with the Eel-rivers, Wyandots, Piankeshaws, +Kaskaskias, and Kickapoos, in confirmation of the fourth article of the +preceding treaty. + +Also a treaty with the Choctaws, describing and establishing our +demarcation of boundaries with them. + +Which several treaties are accompanied by the papers relating to them, +and are now submitted to the Senate for consideration whether they will +advise and consent to their ratification. + +TH. JEFFERSON. + + + +NOVEMBER 4, 1803. + +_To the Senate and House of Representatives of the United States_: + +By the copy now communicated of a letter from Captain Bainbridge, of +the _Philadelphia_ frigate, to our consul at Gibraltar, you will learn +that an act of hostility has been committed on a merchant vessel of the +United States by an armed ship of the Emperor of Morocco. This conduct +on the part of that power is without cause and without explanation. It +is fortunate that Captain Bainbridge fell in with and took the capturing +vessel and her prize, and I have the satisfaction to inform you that +about the date of this transaction such a force would be arriving in +the neighborhood of Gibraltar, both from the east and from the west, +as leaves less to be feared for our commerce from the suddenness of +the aggression. + +On the 4th of September the _Constitution_ frigate, Captain Preble, +with Mr. Lear on board, was within two days' sail of Gibraltar, where +the _Philadelphia_ would then be arrived with her prize, and such +explanations would probably be instituted as the state of things +required, and as might perhaps arrest the progress of hostilities. + +In the meanwhile it is for Congress to consider the provisional +authorities which may be necessary to restrain the depredations of +this power should they be continued, + +TH. JEFFERSON. + + + +NOVEMBER 14, 1803. + +_To the Senate and House of Representatives of the United States_: + +I now communicate a digest of the information I have received relative +to Louisiana, which may be useful to the Legislature in providing for +the government of the country. A translation of the most important laws +in force in that province, now in press, shall be the subject of a +supplementary communication, with such further and material information +as may yet come to hand. + +TH. JEFFERSON. + + + +NOVEMBER 24, 1803. + +_To the House of Representatives of the United States_: + +In conformity with the desire expressed in the resolution of the House +of Representatives of the 15th instant, I now lay before them copies of +such documents as are in possession of the Executive relative to the +arrest and confinement of Zachariah Cox by officers in the service of +the United States in the year 1798. From the nature of the transaction +some documents relative to it might have been expected from the War +Office; but if any ever existed there they were probably lost when the +office and its papers were consumed by fire. + +TH. JEFFERSON. + + + +NOVEMBER 25, 1803. + +_To the Senate and House of Representatives of the United States_: + +The treaty with the Kaskaskia Indians being ratified with the advice +and consent of the Senate, it is now laid before both Houses in their +legislative capacity. It will inform them of the obligations which the +United States thereby contract, and particularly that of taking the +tribe under their future protection, and that the ceded country is +submitted to their immediate possession and disposal. + +TH. JEFFERSON. + + + +NOVEMBER 29, 1803. + +_To the Senate and House of Representatives of the United States_: + +I now communicate an appendix to the information heretofore given on +the subject of Louisiana. You will be sensible, from the face of these +papers, as well as of those to which they are a sequel, that they +are not and could not be official, but are furnished by different +individuals as the result of the best inquiries they had been able +to make, and now given as received from them, only digested under +heads to prevent repetitions. + +TH. JEFFERSON. + + + +DECEMBER 5, 1803. + +_To the Senate and House of Representatives of the United States_: + +I have the satisfaction to inform you that the act of hostility +mentioned in my message of the 4th of November to have been committed by +a cruiser of the Emperor of Morocco on a vessel of the United States has +been disavowed by the Emperor. All differences in consequence thereof +have been amicably adjusted, and the treaty of 1786 between this country +and that has been recognized and confirmed by the Emperor, each party +restoring to the other what had been detained or taken. I inclose the +Emperor's orders given on this occasion. + +The conduct of our officers generally who have had a part in these +transactions has merited entire approbation. + +The temperate and correct course pursued by our consul, Mr. Simpson, the +promptitude and energy of Commodore Preble, the efficacious cooperation +of Captains Rodgers and Campbell, of the returning squadron, the proper +decision of Captain Bainbridge that a vessel which had committed an open +hostility was of right to be detained for inquiry and consideration, +and the general zeal of the other officers and men are honorable facts +which I make known with pleasure. And to these I add what was indeed +transacted in another quarter--the gallant enterprise of Captain Rodgers +in destroying on the coast of Tripoli a corvette of that power of 22 +guns. + +I recommend to the consideration of Congress a just indemnification +for the interest acquired by the captors of the _Mishouda_ and +_Mirboha_, yielded by them for the public accommodation. + +TH. JEFFERSON. + + + +DECEMBER 5, 1803, + +_To the Senate of the United States_: + +In compliance with the desire of the Senate expressed in their +resolution of the 22d of November, on the impressment of seamen in +the service of the United States by the agents of foreign nations, +I now lay before the Senate a letter from the Secretary of State with +a specification of the cases of which information has been received. + +TH. JEFFERSON. + + + +DECEMBER 21, 1803. + +_To the Senate of the United States_: + +On the 11th of January last I laid before the Senate, for their +consideration and advice, a convention with Spain on the subject of +indemnities for spoliations on our commerce committed by her subjects +during the late war, which convention is still before the Seriate. As +this instrument did not embrace French seizures and condemnations of +our vessels in the ports of Spain, for which we deemed the latter power +responsible, our minister at that Court was instructed to press for +an additional article, comprehending that branch of wrongs. I now +communicate what has since passed on that subject. The Senate will judge +whether the prospect it offers will justify a longer suspension of +that portion of indemnities conceded by Spain should she now take no +advantage of the lapse of the period for ratification. As the settlement +of the boundaries of Louisiana will call for new negotiations on our +receiving possession of that Province, the claims not obtained by the +convention now before the Senate may be incorporated into those +discussions. + +TH. JEFFERSON. + + + +DECEMBER 31, 1803. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress the annual account of the fund established +for defraying the contingent charges of Government. No occasion having +arisen for making use of any part of it in the present year, the balance +of $18,560 unexpended at the end of the last year remains now in the +Treasury. + +TH. JEFFERSON. + + + +JANUARY 16, 1804. + +_To the Senate and House of Representatives of the United States_: + +In execution of the act of the present session of Congress for taking +possession of Louisiana, as ceded to us by France, and for the temporary +government thereof, Governor Claiborne, of the Mississippi Territory, +and General Wilkinson were appointed commissioners to receive +possession. They proceeded with such regular troops as had been +assembled at Fort Adams from the nearest posts and with some militia of +the Mississippi Territory to New Orleans, To be prepared for anything +unexpected which might arise out of the transaction, a respectable +body of militia was ordered to be in readiness in the States of Ohio, +Kentucky, and Tennessee, and a part of those of Tennessee was moved +on to the Natchez. No occasion, however, arose for their sendees. Our +commissioners, on their arrival at New Orleans, found the Province +already delivered by the commissioners of Spain to that of France, who +delivered it over to them on the 20th day of December, as appears by +their declaratory act accompanying this. Governor Claiborne, being +duly invested with the powers heretofore exercised by the governor and +intendant of Louisiana, assumed the government on the same day, and for +the maintenance of law and order immediately issued the proclamation and +address now communicated. + +On this important acquisition, so favorable to the immediate interests +of our Western citizens, so auspicious to the peace and security of the +nation in general, which adds to our country territories so extensive +and fertile and to our citizens new brethren to partake of the blessings +of freedom and self-government, I offer to Congress and our country my +sincere congratulations, + +TH. JEFFERSON. + + + +JANUARY 24, 1804. + +_Gentlemen of the Senate and of the House of Representatives_: + +I communicate for your information a letter just received from Governor +Claiborne, which may throw light on the subject of the government of +Louisiana, under contemplation of the Legislature. The paper being +original, a return is asked. + +TH. JEFFERSON. + + + +FEBRUARY 16, 1804. + +_To the Senate and House of Representatives of the United States_: + +Information having been received some time ago that the public lands in +the neighborhood of Detroit required particular attention, the agent +appointed to transact business with the Indians in that quarter was +instructed to inquire into and report the situation of the titles +and occupation of the lands, private and public, in the neighboring +settlements. His report is now communicated, that the Legislature may +judge how far its interposition is necessary to quiet the legal titles, +confirm the equitable, to remove the past and prevent future intrusions +which have neither law nor justice for the basis. + +TH. JEFFERSON. + + + +FEBRUARY 22, 1804. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress, for their information, a report of the +surveyor of the public buildings at Washington, stating what has been +done under the act of the last session concerning the city of Washington +on the Capitol and other public buildings, and the highway between them. + +TH. JEFFERSON. + + + +FEBRUARY 29, 1804. + +_To the Senate and House of Representatives of the United States_: + +I communicate, for the information of Congress, a letter stating certain +fraudulent practices for monopolizing lands in Louisiana, which may +perhaps require legislative provisions. + +TH. JEFFERSON. + + + +MARCH 20, 1804. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress a letter received from Captain Bainbridge, +commander of the _Philadelphia_ frigate, informing us of the wreck +of that vessel on the coast of Tripoli, and that himself, his officers +and men, had fallen into the hands of the Tripolitans. This accident +renders it expedient to increase our force and enlarge our expenses +in the Mediterranean beyond what the last appropriation for the naval +service contemplated. I recommend, therefore, to the consideration of +Congress such an addition to that appropriation as they may think the +exigency requires. + +TH. JEFFERSON. + + + +MARCH 22, 1804. + +_To the Senate and House of Representatives of the United States_: + +I lay before Congress the last returns of the militia of the United +States. Their incompleteness is much to be regretted, and its remedy +may at some future time be a subject worthy the attention of Congress. + +TH. JEFFERSON. + + + + +PROCLAMATION. + + +[From Annals of Congress, Eighth Congress, second session, 1234.] + +_To all whom these presents shall come_: + +Whereas by an act of Congress authority has been given to the President +of the United States, whenever he shall deem it expedient, to erect the +shores, waters, and inlets of the bay and river of Mobile, and of the +other rivers, creeks, inlets, and bays emptying into the Gulf of Mexico +east of the said river Mobile and west thereof to the Pascagoula, +inclusive, into a separate district for the collection of duties on +imports and tonnage; and to establish such place within the same as he +shall deem it expedient to be the port of entry and delivery for such +district; and to designate such other places within the same district, +not exceeding two, to be ports of delivery only: + +Now know ye that I, Thomas Jefferson, President of the United States, +do hereby decide that all the above-mentioned shores, waters, inlets, +creeks, and rivers lying within the boundaries of the United States +shall constitute and form a separate district, to be denominated "the +district of Mobile;" and do also designate Fort Stoddert, within the +district aforesaid, to be the port of entry and delivery for the said +district. + +Given under my hand this 20th day of May, 1804. + +TH. JEFFERSON. + + + + +FOURTH ANNUAL MESSAGE. + + +NOVEMBER 8, 1804. + +_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 to 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, can not 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 learnt that its object was misunderstood on the part of +Spain. Candid 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 had, 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 confirmation of them by +the tenor of the instrument establishing the port and district, may +reasonably be expected to replace them in the dispositions and views +of the whole subject which originally dictated the convention. + +I have the satisfaction to inform you that the objections which had +been urged by that Government against the validity of our title to the +country of Louisiana have been withdrawn, its exact limits, however, +remaining still to be settled between us; and to this is to be added +that, having prepared and delivered the stock created in execution of +the convention of Paris of April 30, 1803, in consideration of the +cession of that country, we have received from the Government of France +an acknowledgment, in due form, of the fulfillment of that stipulation. + +With the nations of Europe in general our friendship and intercourse +are undisturbed, and from the Governments of the belligerent powers +especially we continue to receive those friendly manifestations which +are justly due to an honest neutrality and to such good offices +consistent with that as we have opportunities of rendering. + +The activity and success of the small force employed in the +Mediterranean in the early part of the present year, the reenforcements +sent into that sea, and the energy of the officers having command in +the several vessels will, I trust, by the sufferings of war, reduce the +barbarians of Tripoli to the desire of peace on proper terms. Great +injury, however, ensues to ourselves, as well as to others interested, +from the distance to which prizes must be brought for adjudication and +from the impracticability of bringing hither such as are not seaworthy. + +The Bey of Tunis having made requisitions unauthorized by our treaty, +their rejection has produced from him some expressions of discontent. +But to those who expect us to calculate whether a compliance with unjust +demands will not cost us less than a war we must leave as a question of +calculation for them also whether to retire from unjust demands will +not cost them less than a war. We can do to each other very sensible +injuries by war, but the mutual advantages of peace make that the best +interest of both. + +Peace and intercourse with the other powers on the same coast continue +on the footing on which they are established by treaty. + +In pursuance of the act providing for the temporary government of +Louisiana, the necessary officers for the Territory of Orleans were +appointed in due time to commence the exercise of their functions on +the 1st day of October. The distance, however, of some of them and +indispensable previous arrangements may have retarded its commencement +in some of its parts. The form of government thus provided having been +considered but as temporary, and open to such future improvements as +further information of the circumstances of our brethren there might +suggest, it will of course be subject to your consideration. + +In the district of Louisiana it has been thought best to adopt the +division into subordinate districts which had been established under its +former government. These being five in number, a commanding officer has +been appointed to each, according to the provisions of the law, and so +soon as they can be at their stations that district will also be in its +due state of organization. In the meantime their places are supplied by +the officers before commanding there. And the functions of the governor +and judges of Indiana having commenced, 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 their 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 understanding and neighborly relations between us. +So 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 can +not fail us for preserving their peace and friendship. By pursuing +an uniform course of justice toward 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. + +On this side the Mississippi an important relinquishment 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 toward 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 300 miles on the Ohio, and near half that on the Wabash. The +produce of the settled country descending those rivers will no longer +pass in review 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. + +The act of Congress of February 28, 1803, for building and employing +a number of gunboats, 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 toward +supporting within our waters the authority of the laws, the promptness +with which they will be 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 competence +of our finances to this defensive provision without any new burthen 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 fulfill our expectations. Eleven +millions and a 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 upward of $3,600,000 of the +public debt, exclusive of interest. This payment, with those of the +two preceding years, has extinguished upward 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 during 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 discharge +upward of three millions and a half of the 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 hearty cooperation and +faithful execution. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +November 15, 1804. + +_To the Senate of the United States_: + +I now lay before you a treaty, entered into on the 18th day of August of +the present year, between the United States on one part and the Delaware +Indians on the other, for the extinguishment of their title to a tract +of country between the Ohio and Wabash rivers. + +And another of the 27th day of the same month, between the United States +and the Piankeshaws, for a confirmation of the same by the latter, +together with a letter from Governor Harrison on the same subject; which +treaties are submitted for your advice and consent. + +TH. JEFFERSON. + + + +NOVEMBER 15, 1804. + +_To the House of Representatives of the United States_: + +Agreeably to your resolution of the 9th instant, I now lay before you a +statement of the circumstances attending the destruction of the frigate +_Philadelphia_, with the names of the officers and the number of men +employed on the occasion, to which I have to add that Lieutenant Decatur +was thereupon advanced to be a captain in the Navy of the United States. + +TH. JEFFERSON. + + + +NOVEMBER 30, 1804. + +_To the Senate and House of Representatives of the United States_: + +I now lay before you copies of the treaties concluded with the Delaware +and Piankeshaw Indians for the extinguishment of their title to the +lands therein described, and I recommend to the consideration of +Congress the making provision by law for carrying them into execution. + +TH. JEFFERSON. + + + +DECEMBER 13. 1804. + +_To the Senate of the United States_: + +I present for your advice a treaty entered into on behalf of the United +States with the Creek Indians for the extinguishment of their right in +certain lands in the forks of Oconee and Okmulgee rivers, within the +State of Georgia. For the purpose of enabling you to form a satisfactory +judgment on the subject, it is accompanied with the instructions of +1802, April 12, to James Wilkinson, Benjamin Hawkins, and Andrew +Pickens, commissioners; those of 1803, May 5, to James Wilkinson, +Benjamin Hawkins, and Robert Anderson, commissioners, and those of 1804, +April 2, to Benjamin Hawkins, sole commissioner. The negotiations for +obtaining the whole of the lands between the Oconee and Okmulgee have +now been continued through three successive seasons under the original +instructions and others supplementary to them given from time to time, +as circumstances required, and the unity of the negotiation has been +preserved not only by the subject, but by continuing Colonel Hawkins +always one of the commissioners, and latterly the sole one. The extent +of the cession to be obtained being uncertain, the limitation of price +was what should be thought _reasonable according to the usual rate of +compensation_. The commissioner has been induced to go beyond this +limit probably by the just attentions due to the strong interest which +the State of Georgia feels in making this particular acquisition, and by +a despair of procuring it on more reasonable terms from a tribe which +is one of those most fixed in the policy of holding fast their lands. +To this may be added that if, by an alteration in the first article, +instead of giving them stock which may be passed into other hands and +render them the prey of speculators, an annuity shall be paid them in +this case, as has hitherto been practiced in all similar cases, the +price of these lands will become a pledge and guaranty for our future +peace with this important tribe, and eventually an indemnity for the +breach of it. + +On the whole, I rest with entire satisfaction on the wisdom and counsel +of those whose sanctions the Constitution has rendered necessary to the +final validity of this act. + +TH. JEFFERSON. + + + +DECEMBER 31, 1804. + +_To the Senate and House of Representatives of the United States_: + +The inclosed letter, written from Malta by Richard O'Brien, our late +consul at Algiers, giving some details of transactions before Tripoli, +is communicated for the information of Congress. + +TH. JEFFERSON. + + + +DECEMBER 31, 1804. + +_To the Senate of the United States_: + +Most of the Indians residing within our northern boundary on this +side of the Mississippi receiving from us annual aids in money and +necessaries, it was a subject of complaint with the Sacs that they +received nothing and were connected with us by no treaty. As they owned +the country in the neighborhood of our settlements of Kaskaskia and St. +Louis, it was thought expedient to engage their friendship, and Governor +Harrison was accordingly instructed in June last to propose to them an +annuity of $500 or $600, stipulating in return an adequate cession of +territory and an exact definition of boundaries. The Sacs and Foxes +acting generally as one nation, and coming forward together, he found +it necessary to add an annuity for the latter tribe also, enlarging +proportionably the cession of territory, which was accordingly done by +the treaty now communicated, of November the 3d, with those two tribes. + +This cession, giving us a perfect title to such a breadth of country on +the eastern side of the Mississippi, with a command of the Ouisconsin, +strengthens our means of retaining exclusive commerce with the Indians +on the western side of the Mississippi--a right indispensable to the +policy of governing those Indians by commerce rather than by arms. + +The treaty is now submitted to the Senate for their advice and consent. + +TH. JEFFERSON. + + + +JANUARY 31, 1805. + +_To the House of Representatives of the United States_: + +In compliance with the desire of the House of Representatives, expressed +in their resolution of yesterday, I have to inform them that by a letter +of the 30th of May last from the Secretary of War to Samuel Hammond, a +member of the House, it was proposed to him to accept a commission of +colonel-commandant for the district of Louisiana when the new government +there should commence. By a letter of the 30th of June he signified a +willingness to accept, but still more definitively by one of October 26, +a copy of which is therefore now communicated. A commission had been +made out for him bearing date the ist day of October last, and forwarded +before the receipt of his letter of October 26. No later communication +has been received from him, nor is anything later known of his +movements. + +TH. JEFFERSON. + + + +FEBRUARY 1, 1805. + +_To the House of Representatives of the United States_: + +For some weeks past I have had reason to expect by every mail from New +Orleans information which would have fully met the views of the House of +Representatives, expressed in their resolution of December 31, on the +subject of a post-road from the city of Washington to New Orleans; but +this being not yet received, I think it my duty without further delay to +communicate to the House the information I possess, however imperfect. + +Isaac Briggs, one of the surveyors-general of the United States, being +about to return in July last to his station at Natchez, and apprised of +the anxiety existing to have a practicable road explored for forwarding +the mail to New Orleans without crossing the mountains, offered his +services voluntarily to return by the route contemplated, taking as +he should go such observations of longitude and latitude as would +enable him to delineate it exactly, and by protraction to show of what +shortenings it would admit, The offer was accepted and he was furnished +with an accurate sextant for his observations. The route proposed was +from Washington by Fredericksburg, Cartersville, Lower Sauratown, +Salisbury, Franklin Court-House in Georgia, Tuckabachee, Fort Stoddert, +and the mouth of Pearl River to New Orleans. It is believed he followed +this route generally, deviating at times only for special purposes, and +returning again into it. His letters, herewith communicated, will +shew his opinion to have been, after completing his journey, that the +practicable distance between Washington and New Orleans will be a little +over 1,000 miles. He expected to forward his map and special report +within one week from the date of his last letter, but a letter of +December 10, from another person, informs me he had been unwell, but +would forward them within a week from that time. So soon as they shall +be received they shall be communicated to the House of Representatives. + +TH. JEFFERSON. + + + +FEBRUARY 5, 1805. + +_To the Senate and House of Representatives of the United States_: + +The Secretary of State has lately received a note from the Danish chargé +d'affaires, claiming, _in the name of his Government_, restitution +in the case of the brig _Henrich_, communicated to Congress at a +former session, in which note were transmitted sundry documents chiefly +relating to the value and neutral character of the vessel, and to the +question whether the judicial proceedings were instituted and conducted +without the concurrence of the captain of the _Henrich_. As these +documents appear to form a necessary appendage to those already before +Congress, and throw additional light on the subject, I transmit copies +of them herewith. + +TH. JEFFERSON. + + + +FEBRUARY 13, 1805. + +_To the Senate and House of Representatives of the United States_: + +In the message to Congress at the opening of the present session I +informed them that treaties had been entered into with the Delaware and +Piankeshaw Indians for the purchase of their right to certain lands on +the Ohio. I have since received another, entered into with the Sacs and +Foxes, for a portion of country on both sides of the river Mississippi. +These treaties, having been advised and consented to by the Senate, have +accordingly been ratified, but as they involve conditions which require +legislative provision, they are now submitted to both branches for +consideration. + +TH. JEFFERSON. + + + +FEBRUARY 20, 1805. + +_To the Senate and House of Representatives of the United States_: + +I communicate, for the information of Congress, a letter of September 18 +from Commodore Preble, giving a detailed account of the transactions of +the vessels under his command from July the 9th to the 10th of September +last past. + +The energy and judgment displayed by this excellent officer through the +whole course of the service lately confided to him and the zeal and +valor of his officers and men in the several enterprises executed by +them can not fail to give high satisfaction to Congress and their +country, of whom they have deserved well. + +TH. JEFFERSON. + + + +FEBRUARY 28, 1805. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the militia of the United +States, according to the returns last received from the several States. +It will be perceived that some of these are not of recent dates, and +that from the States of Maryland, Delaware, and Tennessee no returns are +stated. As far as appears from our records, none were ever rendered from +either of these States. + +TH. JEFFERSON. + + + +FEBRUARY 28, 1805. + +_To the Senate and House of Representatives of the United States_: + +I now render to Congress the account of the fund established by the act +of May 1, 1802, for defraying the contingent charges of Government. No +occasion having arisen for making use of any part of the balance of +$18,560 unexpended on the 31st day of December, 1803, when the last +account was rendered by message, that balance has been carried to the +credit of the surplus fund. + +TH. JEFFERSON. + + + + +SECOND INAUGURAL ADDRESS. + + +Proceeding, fellow-citizens, to that qualification which the +Constitution requires before my entrance on the charge again conferred +on me, it is my duty to express the deep sense I entertain of this new +proof of confidence from my fellow-citizens at large, and the zeal with +which it inspires me so to conduct myself as may best satisfy their just +expectations. + +On taking this station on a former occasion I declared the principles +on which I believed it my duty to administer the affairs of our +Commonwealth. My conscience tells me I have on every occasion acted +up to that declaration according to its obvious import and to the +understanding of every candid mind. + +In the transaction of your foreign affairs we have endeavored to +cultivate the friendship of all nations, and especially of those with +which we have the most important relations. We have clone them justice +on all occasions, favored where favor was lawful, and cherished mutual +interests and intercourse on fair and equal terms. We are firmly +convinced, and we act on that conviction, that with nations as with +individuals our interests soundly calculated will ever be found +inseparable from our moral duties, and history bears witness to the +fact that a just nation is trusted on its word when recourse is had +to armaments and wars to bridle others. + +At home, fellow-citizens, you best know whether we have done well or +ill. The suppression of unnecessary offices, of useless establishments +and expenses, enabled us to discontinue our internal taxes. These, +covering our land with officers and opening our doors to their +intrusions, had already begun that process of domiciliary vexation which +once entered is scarcely to be restrained from reaching successively +every article of property and produce. If among these taxes some minor +ones fell which had not been inconvenient, it was because their amount +would not have paid the officers who collected them, and because, if +they had any merit, the State authorities might adopt them instead of +others less approved. + +The remaining revenue on the consumption of foreign articles is paid +chiefly by those who can afford to add foreign luxuries to domestic +comforts, being collected on our seaboard and frontiers only, and, +incorporated with the transactions of our mercantile citizens, it may be +the pleasure and the pride of an American to ask, What farmer, what +mechanic, what laborer ever sees a taxgatherer of the United States? +These contributions enable us to support the current expenses of the +Government, to fulfill contracts with foreign nations, to extinguish the +native right of soil within our limits, to extend those limits, and to +apply such a surplus to our public debts as places at a short day their +final redemption, and that redemption once effected the revenue thereby +liberated may, by a just repartition of it among the States and a +corresponding amendment of the Constitution, be applied _in time +of peace_ to rivers, canals, roads, arts, manufactures, education, +and other great objects within each State. _In time of war_, if +injustice by ourselves or others must sometimes produce war, increased +as the same revenue will be by increased population and consumption, and +aided by other resources reserved for that crisis, it may meet within +the year all the expenses of the year without encroaching on the rights +of future generations by burthening them with the debts of the past. War +will then be but a suspension of useful works, and a return to a state +of peace a return to the progress of improvement. + +I have said, fellow-citizens, that the income reserved had enabled us to +extend our limits, but that extension may possibly pay for itself before +we are called on, and in the meantime may keep down the accruing +interest; in all events, it will replace the advances we shall have +made. I know that the acquisition of Louisiana has been disapproved by +some from a candid apprehension that the enlargement of our territory +would endanger its union. But who can limit the extent to which the +federative principle may operate effectively? The larger our association +the less will it be shaken by local passions; and in any view is it not +better that the opposite bank of the Mississippi should be settled by +our own brethren and children than by strangers of another family? With +which should we be most likely to live in harmony and friendly +intercourse? + +In matters of religion I have considered that its free exercise is +placed by the Constitution independent of the powers of the General +Government. I have therefore undertaken on no occasion to prescribe +the religious exercises suited to it, but have left them, as the +Constitution found them, under the direction and discipline of the +church or state authorities acknowledged by the several religious +societies. + +The aboriginal inhabitants of these countries I have regarded with the +commiseration their history inspires. Endowed with the faculties and the +rights of men, breathing an ardent love of liberty and independence, and +occupying a country which left them no desire but to be undisturbed, the +stream of overflowing population from other regions directed itself on +these shores; without power to divert or habits to contend against +it, they have been overwhelmed by the current or driven before it; +now reduced within limits too narrow for the hunter's state, humanity +enjoins us to teach them agriculture and the domestic arts; to encourage +them to that industry which alone can enable them to maintain their +place in existence and to prepare them in time for that state of society +which to bodily comforts adds the improvement of the mind and morals. We +have therefore liberally furnished them with the implements of husbandry +and household use; we have placed among them instructors in the arts of +first necessity, and they are covered with the aegis of the law against +aggressors from among ourselves. + +But the endeavors to enlighten them on the fate which awaits their +present course of life, to induce them to exercise their reason, follow +its dictates, and change their pursuits with the change of circumstances +have powerful obstacles to encounter; they are combated by the habits +of their bodies, prejudices of their minds, ignorance, pride, and the +influence of interested and crafty individuals among them who feel +themselves something in the present order of things and fear to become +nothing in any other. These persons inculcate a sanctimonious reverence +for the customs of their ancestors; that whatsoever they did must be +done through all time; that reason is a false guide, and to advance +under its counsel in their physical, moral, or political condition is +perilous innovation; that their duty is to remain as their Creator made +them, ignorance being safety and knowledge full of danger; in short, +my friends, among them also is seen the action and counteraction of +good sense and of bigotry; they too have their antiphilosophists who +find an interest in keeping things in their present state, who dread +reformation, and exert all their faculties to maintain the ascendency of +habit over the duty of improving our reason and obeying its mandates. + +In giving these outlines I do not mean, fellow-citizens, to arrogate to +myself the merit of the measures. That is due, in the first place, to +the reflecting character of our citizens at large, who, by the weight of +public opinion, influence and strengthen the public measures. It is due +to the sound discretion with which they select from among themselves +those to whom they confide the legislative duties. It is due to the zeal +and wisdom of the characters thus selected, who lay the foundations of +public happiness in wholesome laws, the execution of which alone remains +for others, and it is due to the able and faithful auxiliaries, whose +patriotism has associated them with me in the executive functions. + +During this course of administration, and in order to disturb it, +the artillery of the press has been leveled against us, charged with +whatsoever its licentiousness could devise or dare. These abuses of +an institution so important to freedom and science are deeply to be +regretted, inasmuch as they tend to lessen its usefulness and to sap +its safety. They might, indeed, have been corrected by the wholesome +punishments reserved to and provided by the laws of the several States +against falsehood and defamation, but public duties more urgent press on +the time of public servants, and the offenders have therefore been left +to find their punishment in the public indignation. + +Nor was it uninteresting to the world that an experiment should be +fairly and fully made, whether freedom of discussion, unaided by power, +is not sufficient for the propagation and protection of truth--whether +a government conducting itself in the true spirit of its constitution, +with zeal and purity, and doing no act which it would be unwilling +the whole world should witness, can be written down by falsehood and +defamation. The experiment has been tried: you have witnessed the scene; +our fellow-citizens looked on, cool and collected; they saw the latent +source from which these outrages proceeded; they gathered around their +public functionaries, and when the Constitution called them to the +decision by suffrage, they pronounced their verdict, honorable to those +who had served them and consolatory to the friend of man who believes +that he may be trusted with the control of his own affairs. + +No inference is here intended that the laws provided by the States +against false and defamatory publications should not be enforced; he +who has time renders a service to public morals and public tranquillity +in reforming these abuses by the salutary coercions of the law; but +the experiment is noted to prove that, since truth and reason have +maintained their ground against false opinions in league with false +facts, the press, confined to truth, needs no other legal restraint; +the public judgment will correct false reasonings and opinions on a +full hearing of all parties; and no other definite line can be drawn +between the inestimable liberty of the press and its demoralizing +licentiousness. If there be still improprieties which this rule would +not restrain, its supplement must be sought in the censorship of public +opinion. + +Contemplating the union of sentiment now manifested so generally as +auguring harmony and happiness to our future course, I offer to our +country sincere congratulations. With those, too, not yet rallied to +the same point the disposition to do so is gaining strength; facts are +piercing through the veil drawn over them, and our doubting brethren +will at length see that the mass of their fellow-citizens with whom they +can not yet resolve to act as to principles and measures, think as they +think and desire what they desire; that our wish as well as theirs is +that the public efforts may be directed honestly to the public good, +that peace be cultivated, civil and religious liberty unassailed, law +and order preserved, equality of rights maintained, and that state of +property, equal or unequal, which results to every man from his own +industry or that of his father's. When satisfied of these views it is +not in human nature that they should not approve and support them. In +the meantime let us cherish them with patient affection, let us do them +justice, and more than justice, in all competitions of interest, and we +need not doubt that truth, reason, and their own interests will at +length prevail, will gather them into the fold of their country, and +will complete that entire union of opinion which gives to a nation the +blessing of harmony and the benefit of all its strength. + +I shall now enter on the duties to which my fellow-citizens have again +called me, and shall proceed in the spirit of those principles which +they have approved. I fear not that any motives of interest may lead me +astray; I am sensible of no passion which could seduce me knowingly from +the path of justice, but the weaknesses of human nature and the limits +of my own understanding will produce errors of judgment sometimes +injurious to your interests. I shall need, therefore, all the indulgence +which I have heretofore experienced from my constituents; the want of +it will certainly not lessen with increasing years. I shall need, too, +the favor of that Being in whose hands we are, who led our fathers, as +Israel of old, from their native land and planted them in a country +flowing with all the necessaries and comforts of life; who has covered +our infancy with His providence and our riper years with His wisdom and +power, and to whose goodness I ask you to join in supplications with +me that He will so enlighten the minds of your servants, guide their +councils, and prosper their measures that whatsoever they do shall +result in your good, and shall secure to you the peace, friendship, +and approbation of all nations. + +MARCH 4, 1805. + + + + +FIFTH ANNUAL MESSAGE. + + +DECEMBER 3, 1805. + +_To the Senate and House of Representatives of the United States_. + +At a moment when the nations of Europe are in commotion and arming +against each other, and when those with whom we have principal +intercourse are engaged in the general contest, and when the countenance +of some of them toward our peaceable country threatens that even that +may not be unaffected by what is passing on the general theater, a +meeting of the representatives of the nation in both Houses of Congress +has become more than usually desirable. Coming from every section of our +country, they bring with them the sentiments and the information of the +whole, and will be enabled to give a direction 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, +incommunicable 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 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 this fever which prevails at the place from which she +sails. Under every motive from character and duty to 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 +become able to regulate with effect their respective functions in these +departments. The burthen of quarantines is felt at home as well as +abroad; their efficacy merits examination. Although the health laws of +the States should be found to need no present revisal by Congress, yet +commerce claims that their attention be 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 pretense of +legal adjudication, but not daring to approach a court of justice, they +have plundered and sunk them by the way or in obscure places where no +evidence could arise against them, maltreated the crews, and abandoned +them in boats in the open sea or on desert shores without food or +covering. These enormities appearing to be unreached by any control of +their sovereigns, I found it necessary to equip a force to cruise within +our own seas, to arrest all vessels of these descriptions found hovering +on our coasts within the limits of the Gulf Stream and to bring the +offenders in for trial as pirates. + +The same system of hovering on our coasts and harbors under color of +seeking enemies has been also 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 maintaining the authority of reason, +the only umpire between just nations, impose on us the obligation of +providing an effectual and determined opposition to a doctrine so +injurious to the rights of peaceable nations. Indeed, the confidence +we ought to have in the justice of others still countenances the hope +that a sounder view of those rights will of itself induce from every +belligerent a more correct observance of them. + +With Spain our negotiations for a settlement of differences have not +had a satisfactory issue. Spoliations during a former war, for which +she had formally acknowledged herself responsible, have been refused +to be compensated but on conditions affecting other claims in no wise +connected with them. Yet the same practices are renewed in the present +war and are already of great amount. On the Mobile, our commerce passing +through that river continues to be obstructed by arbitrary duties and +vexatious searches. Propositions for adjusting amicably the boundaries +of Louisiana have not been acceded to. While, however, the right is +unsettled, we have avoided changing the state of things by taking new +posts or strengthening ourselves in the disputed territories, in the +hope that the other power would not by a contrary conduct oblige us to +meet their example and endanger conflicts of authority the issue of +which may not be easily controlled. But in this hope we have now reason +to lessen our confidence. Inroads have been recently made into the +Territories of Orleans and the Mississippi, our citizens have been +seized and their property plundered in the very parts of the former +which had been actually delivered up by Spain, and this by the regular +officers and soldiers of that Government. I have therefore found it +necessary at length to give orders to our troops on that frontier to be +in readiness to protect our citizens, and to repel by arms any similar +aggressions in future. Other details necessary for your full information +of the state of things between this country and that shall be the +subject of another communication. + +In reviewing these injuries from some of the belligerent powers the +moderation, the firmness, and the wisdom of the Legislature will all be +called into action. We ought still to hope that time and a more correct +estimate of interest as well as of character will produce the justice +we are bound to expect. But should any nation deceive itself by false +calculations, and disappoint that expectation, we must join in the +unprofitable contest of trying which party can do the other the most +harm. Some of these injuries may perhaps admit a peaceable remedy. Where +that is competent it is always the most desirable. But some of them are +of a nature to be met by force only, and all of them may lead to it. +I can not, therefore, but recommend such preparations as circumstances +call for. The first object is to place our seaport towns out of the +danger of insult. Measures have been already taken for furnishing them +with heavy cannon for the service of such land batteries as may make a +part of their defense against armed vessels approaching them. In aid of +these it is desirable we should have a competent number of gunboats, and +the number, to be competent, must be considerable. If immediately begun, +they may be in readiness for service at the opening of the next season. +Whether it will be necessary to augment our land forces will be decided +by occurrences probably in the course of your session. In the meantime +you will consider whether it would not be expedient for a state of peace +as well as of war so to organize or class the militia as would enable +us on any sudden emergency to call for the services of the younger +portions, unencumbered with the old and those having families. Upward +of 300,000 able-bodied men between the ages of 18 and 26 years, which +the last census shews we may now count within our limits, will furnish +a competent number for offense or defense in any point where they may +be wanted, and will give time for raising regular forces after the +necessity of them shall become certain; and the reducing to the early +period of life all its active service can not but be desirable to our +younger citizens of the present as well as future times, inasmuch as it +engages to them in more advanced age a quiet and undisturbed repose in +the bosom of their families. I can not, then, but earnestly recommend +to your early consideration the expediency of so modifying our militia +system as, by a separation of the more active part from that which is +less so, we may draw from it when necessary an efficient corps fit for +real and active service, and to be called to it in regular rotation. + +Considerable provision has been made under former authorities from +Congress of materials for the construction of ships of war of 74 guns. +These materials are on hand subject to the further will of the +Legislature. + +An immediate prohibition of the exportation of arms and ammunition is +also submitted to your determination. + +Turning from these unpleasant views of violence and wrong, I +congratulate you on the liberation of our fellow-citizens who were +stranded on the coast of Tripoli and made prisoners of war. In a +government bottomed on the will of all the life and liberty of every +individual citizen become interesting to all. In the treaty, therefore, +which has concluded our warfare with that State an article for the +ransom of our citizens has been agreed to. An operation by land by a +small band of our countrymen and others, engaged for the occasion in +conjunction with the troops of the ex-Bashaw of that country, gallantly +conducted by our late consul, Eaton, and their successful enterprise +on the city of Derne, contributed doubtless to the impression which +produced peace, and the conclusion of this prevented opportunities of +which the officers and men of our squadron destined for Tripoli would +have availed themselves to emulate the acts of valor exhibited by +their brethren in the attack of the last year. Reflecting with high +satisfaction on the distinguished bravery displayed whenever occasions +permitted in the late Mediterranean service, I think it would be an +useful encouragement as well as a just reward to make an opening for +some present promotion by enlarging our peace establishment of captains +and lieutenants. + +With Tunis some misunderstandings have arisen not yet sufficiently +explained, but friendly discussions with their ambassador recently +arrived and a mutual disposition to do whatever is just and reasonable +can not fail of dissipating these, so that we may consider our peace on +that coast, generally, to be on as sound a footing as it has been at any +preceding time. Still, it will not be expedient to withdraw immediately +the whole of our force from that sea. + +The law providing for a naval peace establishment fixes the number of +frigates which shall be kept in constant service in time of peace, and +prescribes that they shall be manned by not more than two-thirds of +their complement of seamen and ordinary seamen. Whether a frigate may +be trusted to two-thirds only of her proper complement of men must +depend on the nature of the service on which she is ordered; that may +sometimes, for her safety as well as to insure her object, require her +fullest complement. In adverting to this subject Congress will perhaps +consider whether the best limitation on the Executive discretion in +this case would not be by the number of seamen which may be employed in +the whole service rather than by the number of the vessels. Occasions +oftener arise for the employment of small than of large vessels, and it +would lessen risk as well as expense to be authorized to employ them of +preference. The limitation suggested by the number of seamen would admit +a selection of vessels best adapted to the service. + +Our Indian neighbors are advancing, many of them with spirit, and +others beginning to engage in the pursuits of agriculture and household +manufacture. They are becoming sensible that the earth yields +subsistence with less labor and more certainty than the forest, and find +it their interest from time to time to dispose of parts of their surplus +and waste lands for the means of improving those they occupy and of +subsisting their families while they are preparing their farms. Since +your last session the Northern tribes have sold to us the lands between +the Connecticut Reserve and the former Indian boundary and those on the +Ohio from the same boundary to the rapids and for a considerable depth +inland. The Chickasaws and Cherokees have sold us the country between +and adjacent to the two districts of Tennessee, and the Creeks the +residue of their lands in the fork of Ocmulgee up to the Ulcofauhatche. +The three former purchases are important, inasmuch as they consolidate +disjoined parts of our settled country and render their intercourse +secure; and the second particularly so, as, with the small point on +the river which we expect is by this time ceded by the Piankeshaws, it +completes our possession of the whole of both banks of the Ohio from its +source to near its mouth, and the navigation of that river is 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 interesting to the State of Georgia. + +The several treaties which have been mentioned will be submitted to both +Houses of Congress for the exercise of their respective functions. + +Deputations now on their way to the seat of Government from various +nations of Indians inhabiting the Missouri and other parts beyond the +Mississippi come charged with assurances of their satisfaction with the +new relations in which they are placed with us, of their dispositions +to cultivate our peace and friendship, and their desire to enter into +commercial intercourse with us. A state of our progress in exploring the +principal rivers of that country, and of the information respecting them +hitherto obtained, will be communicated so soon as we shall receive some +further relations which we have reason shortly to expect. + +The receipts at the Treasury during the year ending on the 30th day of +September last have exceeded the sum of $13,000,000, which, with not +quite five millions in the Treasury at the beginning of the year, have +enabled us after meeting other demands to pay nearly two millions of the +debt contracted under the British treaty and convention, upward of four +millions of principal of the public debt, and four millions of interest. +These payments, with those which had been made in three years and a half +preceding, have extinguished of the funded debt nearly eighteen millions +of principal. Congress by their act of November 10, 1803, authorized us +to borrow $1,750,000 toward meeting the claims of our citizens assumed +by the convention with France. We have not, however, made use of this +authority, because the sum of four millions and a half, which remained +in the Treasury on the same 30th day of September last, with the +receipts which we may calculate on for the ensuing year, besides paying +the annual sum of $8,000,000 appropriated to the funded debt and meeting +all the current demands which may be expected, will enable us to pay +the whole sum of $3,750,000 assumed by the French convention and still +leave us a surplus of nearly $1,000,000 at our free disposal. Should +you concur in the provisions of arms and armed vessels recommended by +the circumstances of the times, this surplus will furnish the means of +doing so. + +On this first occasion of addressing Congress since, by the choice of +my constituents, I have entered on a second term of administration, I +embrace the opportunity to give this public assurance that I will exert +my best endeavors to administer faithfully the executive department, +and will zealously cooperate with you in every measure which may +tend to secure the liberty, property, and personal safety of our +fellow-citizens, and to consolidate the republican forms and principles +of our Government. + +In the course of your session you shall receive all the aid which I +can give for the dispatch of public business, and all the information +necessary for your deliberations, of which the interests of our own +country and the confidence reposed in us by others will admit a +communication. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 6, 1805. + +_To the Senate and House of Representatives of the United States_: + +The depredations which had been committed on the commerce of the United +States during a preceding 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 was first manifested by her protest against +the right of France to alienate Louisiana to us, which, however, was +soon retracted and the right confirmed. Then high offense 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 now refused to ratify the +convention signed by her own minister under the eye of his Sovereign +unless we 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 boundaries of Louisiana, other than a declaration that we had +no rights eastward of the Iberville, and that our line to the west was +one which would have left us but a string of land on that bank of the +river Mississippi. Our injured citizens were thus left without any +prospect of retribution from the wrongdoer, and as to boundary each +party was to take its own course. That which they have chosen to pursue +will appear from the documents now communicated. They authorize 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. + +TH. JEFFERSON. + + + +DECEMBER 11, 1805. + +_To the Senate of the United States_: + +I now lay before the Senate the several treaties and conventions +following, which have been entered into on the part of the United +States since their last session: + +1. A treaty of peace and amity between the United States of America +and the Bashaw, Bey, and subjects of Tripoli, in Barbary. + +2. A treaty between the United States and the Wyandot, Ottawa, Chippewa, +Munsee, and Delaware, Shawnee, and Potawatamie nations of Indians. + +3. A treaty between the United States and the agents of the Connecticut +Land Companies on one part and the Wyandot, Ottawa, Chippewa, Munsee, +and Delaware, Shawnee, and Potawatamie nations of Indians. + +4. A treaty between the United States and the Delawares, Potawatamies, +Miamis, Eel-rivers, and Weeas. + +5. A treaty between the United States and the Chickasaw Nation of +Indians. + +6. A treaty between the United States of America and the Cherokee +Indians. + +7. A convention between the United States and the Creek Nation of +Indians; with the several documents necessary for their explanation. + +The Senate having dissented to the ratification of the treaty with the +Creeks submitted to them at their last session, which gave a sum of +$200,000 for the country thereby conveyed, it is proper now to observe +that instead of that sum, which was equivalent to a perpetual annuity of +$12,000, the present purchase gives them an annuity of $12,000 for eight +years only and of $11,000 for ten years more, the payments of which +would be effected by a present sum of $130,000 placed at an annual +interest of 6 per cent. If from this sum we deduct the reasonable +value of the road ceded through the whole length of their country from +Ocmulgee toward New Orleans, a road of indispensable necessity to us, +the present convention will be found to give little more than the half +of the sum which was formerly proposed to be given. This difference is +thought sufficient to justify the presenting this subject a second time +to the Senate. On these several treaties I have to request that the +Senate will advise whether I shall ratify them or not. + +TH. JEFFERSON. + + + +DECEMBER 23, 1805. + +_To the Senate and House of Representatives of the United States_: + +The governor and presiding judge of the Territory of Michigan have made +a report to me of the state of that Territory, several matters in which +being within the reach of the legislative authority only, I lay the +report before Congress. + +TH. JEFFERSON. + + + +DECEMBER 31, 1805. + +_To the House of Representatives of the United States_: + +I now communicate to the House of Representatives all the information +which the executive offices furnish on the subject of their resolution +of the 23d instant respecting the States indebted to the United States. + +TH. JEFFERSON. + + + +JANUARY 10, 1806. + +_To the Senate of the United States_: + +In compliance with the request of the Senate expressed in their +resolution of December 27, I now lay before them such documents and +papers (there being no other information in my possession) as relate to +complaints by the Government of France against the commerce carried on +by the citizens of the United States to the French island of St. +Domingo. + +TH. JEFFERSON. + + + +JANUARY 13, 1806. + +_To the Senate of the United States_: + +According to the request of the Senate of December 30, I now lay before +them the correspondence of the naval commanders Barron and Rodgers and +of Mr. Eaton, late consul at Tunis, respecting the progress of the +war with Tripoli, antecedent to the treaty with the Bey and Regency +of Tripoli, and respecting the negotiations for the same, and the +commission and instructions of Mr. Eaton, with such other correspondence +in possession of the offices as I suppose may be useful to the Senate in +their deliberations upon the said treaty. + +The instructions which were given to Mr. Lear, the consul-general at +Algiers, respecting the negotiations for the said treaty accompanied +the treaty and the message concerning the same, and are now with them +in possession of the Senate. + +So much of these papers has been extracted and communicated to the House +of Representatives as relates to the principles of the cooperation +between the United States and Hamet Caramalli, which is the subject +of a joint message to both Houses of Congress bearing equal date with +the present, and as those now communicated to the Senate comprehend +the whole of that matter, I request that they may be considered as +comprising the documents stated in that message as accompanying it. +Being mostly originals or sole copies, a return of them is requested +at the convenience of the Senate. + +We have no letter from Mr. Lear respecting Tripoline affairs of later +date than that of July 5, which was transmitted to the Senate with the +treaty, nor, consequently, any later information what steps have been +taken to carry into effect the stipulation for the delivery of the wife +and children of the brother of the reigning Bashaw of Tripoli. + +TH. JEFFERSON. + + + +JANUARY 13, 1806. + +_To the Senate and House of Representatives of the United States_: + +I lay before Congress the application of Hamet Caramalli, elder brother +of the reigning Bashaw of Tripoli, soliciting from the United States +attention to his services and sufferings in the late war against +that State; and in order to possess them of the ground on which that +application stands, the facts shall be stated according to the views +and information of the Executive. + +During the war with Tripoli it was suggested that Hamet Caramalli, elder +brother of the reigning Bashaw, and driven by him from his throne, +meditated the recovery of his inheritance, and that a concert in action +with us was desirable to him. We considered that concerted operations +by those who have a common enemy were entirely justifiable, and might +produce effects favorable to both without binding either to guarantee +the objects of the other. But the distance of the scene, the +difficulties of communication, and the uncertainty of our information +inducing the less confidence in the measure, it was committed to our +agents as one which might be resorted to if it promised to promote our +success. + +Mr. Eaton, however (our late consul), on his return from the +Mediterranean, possessing personal knowledge of the scene and having +confidence in the effect of a joint operation, we authorized Commodore +Barron, then proceeding with his squadron, to enter into an +understanding with Hamet if he should deem it useful; and as it was +represented that he would need some aids of arms and ammunition, and +even of money, he was authorized to furnish them to a moderate extent, +according to the prospect of utility to be expected from it. In order to +avail him of the advantages of Mr. Eaton's knowledge of circumstances, +an occasional employment was provided for the latter as an agent for the +Navy in that sea. Our expectation was that an intercourse should be kept +up between the ex-Bashaw and the commodore; that while the former moved +on by land our squadron should proceed with equal pace, so as to arrive +at their destination together and to attack the common enemy by land and +sea at the same time. The instructions of June 6 to Commodore Barron +shew that a cooperation only was intended, and by no means an union +of our object with the fortune of the ex-Bashaw, and the commodore's +letters of March 22 and May 19 prove that he had the most correct idea +of our intentions. His verbal instructions, indeed, to Mr. Eaton and +Captain Hull, if the expressions are accurately committed to writing +by those gentlemen, do not limit the extent of his cooperation as +rigorously as he probably intended; but it is certain from the +ex-Bashaw's letter of January 3, written when he was proceeding to join +Mr. Eaton, and in which he says, "Your operations should be carried on +by sea, mine by land," that he left the position in which he was with a +proper idea of the nature of the cooperation. If Mr. Eaton's subsequent +convention should appear to bring forward other objects, his letter of +April 29 and May 1 views this convention but as provisional, the second +article, as he expressly states, guarding it against any ill effect; and +his letter of June 30 confirms this construction. + +In the event it was found that after placing the ex-Bashaw in possession +of Derne, one of the most important cities and provinces of the country, +where he had resided himself as governor, lie was totally unable to +command any resources or to bear any part in cooperation with us. This +hope was then at an end, and we certainly had never contemplated, nor +were we prepared, to land an army of our own, or to raise, pay, or +subsist an army of Arabs to march from Derne to Tripoli and to carry +on a land war at such a distance from our resources. Our means and our +authority were merely naval, and that such were the expectations of +Hamet his letter of June 29 is an unequivocal acknowledgment. While, +therefore, an impression from the capture of Derne might still operate +at Tripoli, and an attack on that place from our squadron was daily +expected. Colonel Lear thought it the best moment to listen to overtures +of peace then made by the Bashaw. He did so, and while urging provisions +for the United States he paid attention also to the interests of Hamet, +but was able to effect nothing more than to engage the restitution of +his family, and even the persevering in this demand suspended for some +time the conclusion of the treaty. + +In operations at such a distance it becomes necessary to leave much to +the discretion of the agents employed, but events may still turn up +beyond the limits of that discretion. Unable in such a case to consult +his Government, a zealous citizen will act as he believes that would +direct him were it apprised of the circumstances, and will take on +himself the responsibility. In all these cases the purity and patriotism +of the motives should shield the agent from blame, and even secure a +sanction where the error is not too injurious. Should it be thought by +any that the verbal instructions said to have been given by Commodore +Barron to Mr. Eaton amount to a stipulation that the United States +should place Hamet Caramalli on the throne of Tripoli--a stipulation so +entirely unauthorized, so far beyond our views, and so onerous could not +be sanctioned by our Government--or should Hamet Caramalli, contrary +to the evidence of his letters of January 3 and June 29, be thought to +have left the position which he now seems to regret, under a mistaken +expectation that we were at all events to place him on his throne, on +an appeal to the liberality of the nation something equivalent to the +replacing him in his former situation might be worthy its consideration. + +A nation by establishing a character of liberality and magnanimity gains +in the friendship and respect of others more than the worth of mere +money. This appeal is now made by Hamet Caramalli to the United States. +The ground he has taken being different not only from our views but from +those expressed by himself on former occasions, Mr. Eaton was desired to +state whether any verbal communications passed from him to Hamet which +had varied what we saw in writing. His answer of December 5 is herewith +transmitted, and has rendered it still more necessary that in presenting +to the Legislature the application of Hamet I should present them at +the same time an exact statement of the views and proceedings of the +Executive through this whole business, that they may clearly understand +the ground on which we are placed. It is accompanied by all the papers +which bear any relation to the principles of the cooperation, and which +can inform their judgment in deciding on the application of Hamet +Caramalli. + +TH. JEFFERSON. + + + +JANUARY 15, 1806. + +_To the Senate and House of Representatives of the United States_: + +I now render to Congress an account of the grant of $20,000 for the +contingent charges of Government by an act making appropriations for the +support of Government for the year 1805. Of that sum $1,987.50 have been +necessarily applied to the support of the Territorial governments of +Michigan and Louisiana until an opportunity could occur of making a +specific appropriation for that purpose. The balance of $18,012.50 +remains in the Treasury. + +TH. JEFFERSON. + + + +JANUARY 17, 1806. + +_To the Senate and House of Representatives of the United States_: + +In my message to both Houses of Congress at the opening of their present +session I submitted to their attention, among other subjects, the +oppression of our commerce and navigation by the irregular practices +of armed vessels, public and private, and by the introduction of new +principles derogatory of the rights of neutrals and unacknowledged by +the usage of nations. + +The memorials of several bodies of merchants of the United States are +now communicated, and will develop these principles and practices which +are producing the most ruinous effects on our lawful commerce and +navigation. + +The rights of a neutral to carry on commercial intercourse with every +part of the dominions of a belligerent permitted by the laws of the +country (with the exception of blockaded ports and contraband of war) +was believed to have been decided between Great Britain and the United +States by the sentence of their commissioners mutually appointed +to decide on that and other questions of difference between the two +nations, and by the actual payment of the damages awarded by them +against Great Britain for the infractions of that right. When, +therefore, it was perceived that the same principle was revived with +others more novel and extending the injury, instructions were given +to the minister plenipotentiary of the United States at the Court of +London, and remonstrances duly made by him on this subject, as will +appear by documents transmitted herewith. These were followed by a +partial and temporary suspension only, without any disavowal of the +principle. He has therefore been instructed to urge this subject anew, +to bring it more fully to the bar of reason, and to insist on rights too +evident and too important to be surrendered. In the meantime the evil is +proceeding under adjudications founded on the principle which is denied. +Under these circumstances the subject presents itself for the +consideration of Congress. + +On the impressment of our seamen our remonstrances have never been +intermitted. A hope existed at one moment of an arrangement which might +have been submitted to, but it soon passed away, and the practice, +though relaxed at times in the distant seas, has been constantly pursued +in those in our neighborhood. The grounds on which the reclamations on +this subject have been urged will appear in an extract from instructions +to our minister at London now communicated. + +TH. JEFFERSON. + + + +JANUARY 17, 1806 + +_To the Senate and House of Representatives of the United States_: + +The inclosed letter from the minister plenipotentiary of the United +States at the Court of London contains interesting information on +the subjects of my other message of this date. It is sent separately +and confidentially because its publication may discourage frank +communications between our ministers generally and the Governments +with which they reside, and especially between the same ministers. + +TH. JEFFERSON. + + + +JANUARY 24, 1806. + +_To the Senate of the United States_: + +A convention has been entered into between the United States and the +Cherokee Nation for the extinguishment of the rights of the latter, and +of some unsettled claims in the country north of the river Tennessee, +therein described. This convention is now laid before the Senate for +their advice and consent as to its ratification. + +TH. JEFFERSON. + + + +JANUARY 27, 1806. + +_To the Senate of the United States_: + +According to the desire of the Senate expressed in their resolution of +the 10th instant, I now communicate to them a report of the Secretary of +State, with its documents, stating certain new principles attempted to +be introduced on the subject of neutral rights, injurious to the rights +and interests of the United States. These, with my message to both +Houses of the 17th instant and the documents accompanying it, fulfill +the desires of the Senate as far as it can be done by any information +in my possession which is authentic and not publicly known. + +TH. JEFFERSON. + + + +JANUARY 29, 1806. + +_To the Senate and House of Representatives of the United States_: + +Having received from sundry merchants at Baltimore a memorial on the +same subject with those I communicated to Congress with my message of +the 17th instant, I now communicate this also as a proper sequel to the +former, and as making a part of the mass of evidence of the violations +of our rights on the ocean. + +TH. JEFFERSON. + + + +FEBRUARY 3, 1806. + +_To the Senate and House of Representatives of the United States_: + +A letter has been received from the governor of South Carolina covering +an act of the legislature of that State ceding to the United States +various forts and fortifications and sites for the erection of forts in +that State on the conditions therein expressed. This letter and the act +it covered are now communicated to Congress. + +I am not informed whether the positions ceded are the best which +can be taken for securing their respective objects. No doubt is +entertained that the legislature deemed them such. The river of Beaufort, +particularly, said to be accessible to ships of very large size and +capable of yielding them a protection which they can not find elsewhere +but very far to the north, is from these circumstances so interesting to +the Union in general as to merit particular attention and inquiry as to +the positions on it best calculated for health as well as safety. + +TH. JEFFERSON. + + + +FEBRUARY 3, 1806. + +_To the Senate and House of Representatives of the United States_: + +In the course of the last year the following treaties and conventions +for the extinguishment of Indian title to lands within our limits were +entered into on behalf of the United States: + +A treaty between the United States and the Wyandot, Ottawa, Chippeway, +Munsee and Delaware, Shawanee and Pottawatamy nations of Indians. + +A treaty between the United States and the agents of the Connecticut +Land Company on one part and the Wyandot and Ottawa, Chippeway, Munsey +and Delaware, Shawanee and Pottawatamy nations of Indians. + +A treaty between the United States and the Delawares, Pottawatamies, +Miamis, Eel-rivers, and Weas. + +A treaty between the United States and the Chickasaw Nation of Indians. + +Two treaties between the United States and the Cherokee Indians. + +A convention between the United States and the Creek Nation of Indians. + +The Senate having advised and consented to the ratification of these +several treaties and conventions, I now lay them before both Houses of +Congress for the exercise of their constitutional powers as to the means +of fulfilling them. + +TH. JEFFERSON. + + + +FEBRUARY 6, 1806. + +_To the Senate and House of Representatives of the United States_: + +Since the date of my message of January 17 a letter of the 26th of +November has been received from the minister plenipotentiary of the +United States at London, covering one from the secretary for foreign +affairs of that Government, which, being on the subject of that message, +is now transmitted for the information of Congress. Although nothing +forbids the substance of these letters from being communicated without +reserve, yet so many ill effects proceed from the publications of +correspondences between ministers remaining still in office that I can +not but recommend that these letters be not permitted to be formally +published. + +TH; JEFFERSON. + + + +FEBRUARY 19, 1806. + +_To the Senate and House of Representatives of the United States_: + +In pursuance of a measure proposed to Congress by a message of January +18, 1803, and sanctioned by their approbation for carrying it into +execution, Captain Meriwether Lewis, of the First Regiment of infantry, +was appointed, with a party of men, to explore the river Missouri from +its mouth to its source, and, crossing the highlands by the shortest +portage, to seek the best water communication thence to the Pacific +Ocean; and Lieutenant Clarke was appointed second in command. They were +to enter into conference with the Indian nations on their route with +a view to the establishment of commerce with them. They entered the +Missouri May 14, 1804, and on the 1st of November took up their winter +quarters near the Mandan towns, 1,609 miles above the mouth of the +river, in latitude 47° 21' 47" north and longitude 99° 24' 45" west from +Greenwich. On the 8th of April, 1805, they proceeded up the river in +pursuance of the objects prescribed to them. A letter of the preceding +day, April 7th, from Captain Lewis is herewith communicated. During +his stay among the Mandans he had been able to lay down the Missouri +according to courses and distances taken on his passage up it, corrected +by frequent observations of longitude and latitude, and to add to the +actual survey of this portion of the river a general map of the country +between the Mississippi and Pacific from the thirty-fourth to the +fifty-fourth degree of latitude. These additions are from information +collected from Indians with whom he had opportunities of communicating +during his journey and residence with them. Copies of this map are now +presented to both Houses of Congress. With these I communicate also a +statistical view, procured and forwarded by him, of the Indian nations +inhabiting the Territory of Louisiana and the countries adjacent to +its northern and western borders, of their commerce, and of other +interesting circumstances respecting them. + +In order to render the statement as complete as may be of the Indians +inhabiting the country west of the Mississippi, I add Dr. Sibley's +account of those residing in and adjacent to the Territory of Orleans. + +I communicate also, from the same person, an account of the Red River, +according to the best information he had been able to collect. + +Having been disappointed, after considerable preparation, in the purpose +of sending an exploring party up that river in the summer of 1804, it +was thought best to employ the autumn of that year in procuring a +knowledge of an interesting branch of the river called the Washita. + +This was undertaken under the direction of Mr. Dunbar, of Natchez, a +citizen of distinguished science, who had aided and continues to aid +us with his disinterested and valuable services in the prosecution of +these enterprises. He ascended the river to the remarkable hot springs +near it, in latitude 34° 31' 4.16", longitude 92° 50' 45" west from +Greenwich, taking its courses and distances, and correcting them by +frequent celestial observations. Extracts from his observations and +copies of his map of the river from its mouth to the hot springs make +part of the present communications. The examination of the Red River +itself is but now commencing. + +TH. JEFFERSON. + + + +MARCH 5, 1806. + +_To the Senate of the United States_: + +According to the request of the Senate expressed in their resolution of +3d instant, I now transmit the extract of a letter from the Secretary of +State to the minister plenipotentiary of the United States at Paris, the +answer to that letter, and two letters from Henry Waddell, a citizen of +the United States, relative to the interference of the said minister +in the case of the ship _New Jersey_ and to the principles alleged to +have been laid down on that occasion. + +There are in the office of the Department of State several printed +documents in this case by the agent of those interested in the ship, +which are voluminous and in French. If these be within the scope of the +request of the Senate, the printed copies can be sent in immediately, +but if translations be necessary some considerable time will be +requisite for their execution. On this subject any further desire which +the Senate shall think proper to express shall be complied with. + +TH. JEFFERSON. + + + +MARCH 7, 1806. + +_To the Senate of the United States_: + +According to the request of the Senate of yesterday, I now transmit +the five printed memorials of the agent for the ship _New Jersey_, in +the one of which marked B, at the ninth page, will be found the letter +relative to it from the minister plenipotentiary of the United States +at Paris to the French minister of the treasury, supposed to be the one +designated in the resolution. We have no information of this letter but +through the channel of the party interested in the ship, nor any proof +of it more authentic than that now communicated. + +TH. JEFFERSON. + + + +MARCH 19, 1806. + +_To the Senate and House of Representatives of the United States_: + +It was reasonably expected that while the limits between the territories +of the United States and of Spain were unsettled neither party would +have innovated on the existing state of their respective positions. +Some time since, however, we learnt that the Spanish authorities were +advancing into the disputed country to occupy new posts and make new +settlements. Unwilling to take any measures which might preclude a +peaceable accommodation of differences, the officers of the United +States were ordered to confine themselves within the country on this +side of the Sabine River which, by delivery of its principal post, +Natchitoches, was understood to have been itself delivered up by Spain, +and at the same time to permit no adverse post to be taken nor armed +men to remain within it. In consequence of these orders the commanding +officer of Natchitoches, learning that a party of Spanish troops had +crossed the Sabine River and were posting themselves on this side the +Adais, sent a detachment of his force to require them to withdraw to +the other side of the Sabine, which they accordingly did. + +I have thought it proper to communicate to Congress the letter detailing +this incident, that they may fully understand the state of things in +that quarter and be enabled to make such provision for its security as, +in their wisdom, they shall deem sufficient. + +TH. JEFFERSON. + + + +APRIL 11, 1806. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the militia of the United +States according to the returns last received from the several States +and Territories. It will be perceived that some of these are not of +recent dates, and that from the States of Maryland and Delaware no +returns are stated. As far as appears from our records, none were ever +rendered from either of these States. From the Territories of Orleans, +Louisiana, and Michigan complete returns have not yet been received. + +TH. JEFFERSON. + + + +APRIL 14, 1806. + +_To the Senate and House of Representatives of the United States_: + +During the blockade of Tripoli by the squadron of the United States +a small cruiser, under the flag of Tunis, with two prizes, all of +trifling value, attempted to enter Tripoli; was turned back, warned, +and, attempting again to enter, was taken and detained as prize by the +squadron. Her restitution was claimed by the Bey of Tunis with a threat +of war in terms so serious that on withdrawing from the blockade of +Tripoli the commanding officer of the squadron thought it his duty +to repair to Tunis with his squadron and to require a categorical +declaration whether peace or war was intended. The Bey preferred +explaining himself by an ambassador to the United States, who on his +arrival renewed the request that the vessel and her prizes should be +restored. It was deemed proper to give this proof of friendship to the +Bey, and the ambassador was informed the vessels would be restored. +Afterwards he made a requisition of naval stores to be sent to the Bey, +in order to secure a peace for the term of three years, with a threat +of war if refused. It has been refused, and the ambassador is about to +depart without receding from his threat or demand. + +Under these circumstances, and considering that the several provisions +of the act of March 25, 1804, will cease in consequence of the +ratification of the treaty of peace with Tripoli, now advised and +consented to by the Senate, I have thought it my duty to communicate +these facts, in order that Congress may consider the expediency of +continuing the same provisions for a limited time or making others +equivalent. + +TH. JEFFERSON. + + + +APRIL 15, 1806. + +_To the Senate and House of Representatives of the United States_: + +The Senate having advised and consented to the ratification of a treaty +concluded with the Piankeshaw Indians for extinguishing their claim to +the country between the Wabash and Kaskaskia cessions, it is now laid +before both Houses for the exercise of their constitutional powers as +to the means of fulfilling it on our part. + +TH. JEFFERSON. + + + +APRIL 17, 1806. + +_To the Senate and House of Representatives of the United States_: + +The Senate having advised and consented to the ratification of a +convention between the United States and the Cherokee Indians, concluded +at Washington on the 7th day of January last, for the cession of their +right to the tract of country therein described, it is now laid before +both Houses of Congress for the exercise of their constitutional powers +toward the fulfillment thereof. + +TH. JEFFERSON. + + + +APRIL 18, 1806. + +_To the Senate of the United States_: + +In compliance with the request of the Senate of yesterday's date, I now +communicate the entire correspondence between the ambassador of Tunis +and the Secretary of State, from which the Senate will see that the +first application by the ambassador for restitution of the vessels taken +in violation of blockade having been yielded to, the only remaining +cause of difference brought forward by him is the requisition of a +present of naval stores to secure a peace for three years, after which +the inference is obvious that a renewal of the presents is to be +expected to renew the prolongation of peace for another term. But this +demand has been pressed in verbal conferences much more explicitly and +pertinaciously than appears in the written correspondence. To save the +delay of copying, some originals are inclosed, with a request that they +be returned. + +TH. JEFFERSON. + + + +APRIL 19, 1806. + +_To the Senate of the United States_: + +I nominate James Monroe, now minister plenipotentiary of the United +States at the Court of London, and William Pinkney, of Maryland, to be +commissioners plenipotentiary and extraordinary for settling all matters +of difference between the United States and the United Kingdoms of Great +Britain and Ireland relative to wrongs committed between the parties on +the high seas or other waters, and for establishing the principles of +navigation and commerce between them. + +James Houston, of Maryland, to be judge of the court of the United +States for the district of Maryland. + +Willis W. Parker, of Virginia, to be collector of the district and +inspector of the revenue for the port of South Quay. + +TH. JEFFERSON. + + + + +PROCLAMATIONS. + + +[From Annals of Congress, Ninth Congress, second session, 685.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas satisfactory information has been received that Henry Whitby, +commanding a British armed vessel called the _Leander_, did on the +25th day of the month of April last, within the waters and jurisdiction +of the United States, and near to the entrance of the harbor of New +York, by a cannon shot fired from the said vessel _Leander_, commit +a murder on the body of John Pierce, a citizen of the United States, +then pursuing his lawful vocation within the same waters and +jurisdiction of the United States and near to their shores; and that +the said Henry Whitby can not at this time be brought to justice by +the ordinary process of law; and + +Whereas it does further appear that both before and after the said day +sundry trespasses, wrongs, and unlawful interruptions and vexations on +trading vessels coming to the United States, and within their waters and +vicinity, were committed by the said armed vessel the _Leander_, her +officers and people; by one other armed vessel called the _Cambrian_, +commanded by John Nairne, her officers and people; and by one other +armed vessel called the _Driver_, commanded by Slingsby Simpson, her +officers and people; which vessels, being all of the same nation, were +aiding and assisting each other in the trespasses, interruptions, and +vexations aforesaid: + +Now, therefore, to the end that the said Henry Whitby may be brought to +justice and due punishment inflicted for the said murder, I do hereby +especially enjoin and require all officers having authority, civil or +military, and all other persons within the limits or jurisdiction of the +United States, wheresoever the said Henry Whitby may be found, now or +hereafter, to apprehend and secure the said Henry Whitby, and him safely +and diligently to deliver to the civil authority of the place, to be +proceeded against according to law. + +And I do hereby further require that the said armed vessel the +_Leander_, with her officers and people, and the said armed vessels the +_Cambrian_ and _Driver_, their officers and people, immediately and +without any delay depart from the harbors and wraters of the United +States. And I do forever interdict the entrance of all other vessels +which shall be commanded by the said Henry Whitby, John Nairne, and +Slingsby Simpson, or either of them. + +And if the said vessels, or any of them, shall fail to depart as +aforesaid, or shall reenter the harbors or waters aforesaid, I do +in that case forbid all intercourse with the said armed vessels the +_Leander_, the _Cambrian_, and the _Driver_, or with any of them, and +the officers and crews thereof, and do prohibit all supplies and aid +from being furnished them, or any of them. And I do declare and make +known that if any person from or within the jurisdictional limits of the +United States shall afford any aid to either of the said armed vessels +contrary to the prohibition contained in this proclamation, either in +repairing such vessel or in furnishing her, her officers or crew, with +supplies of any kind or in any manner whatever; or if any pilot shall +assist in navigating any of the said armed vessels, unless it be for +the purpose of carrying them in the first instance beyond the limits +and jurisdiction of the United States, such person or persons shall on +conviction suffer all the pains and penalties by the laws provided for +such offenses. And I do hereby enjoin and require all persons bearing +office, civil or military, within the United States, and all others +citizens or inhabitants thereof, or being within the same, with +vigilance and promptitude to exert their respective authorities and +to be aiding and assisting to the carrying this proclamation and every +part thereof into full effect. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to be +affixed to these presents, and signed the same with my hand. + +Given at the city of Washington, the 3d day of May, A.D. 1806, and of +the Sovereignty and Independence of the United States the thirtieth. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + +[From Annals of Congress, Ninth Congress, second session, 686.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas information has been received that sundry persons, citizens of +the United States or residents within the same, are conspiring and +confederating together to begin and set on foot, provide, and prepare +the means for a military expedition or enterprise against the dominions +of Spain; that for this purpose they are fitting out and arming vessels +in the western waters of the United States, collecting provisions, +arms, military stores, and means; are deceiving and seducing honest +and well-meaning citizens, under various pretenses, to engage in their +criminal enterprises; are organizing, officering, and arming themselves +for the same, contrary to the laws in such cases made and provided: + +I have therefore thought proper to issue this my proclamation, warning +and enjoining all faithful citizens who have been led without due +knowledge or consideration to participate in the said unlawful +enterprises to withdraw from the same without delay, and commanding all +persons whatsoever engaged or concerned in the same to cease all further +proceedings therein, as they will answer the contrary at their peril and +incur prosecution with all the rigors of the law. And I hereby enjoin +and require all officers, civil and military, of the United States, or +of any of the States or Territories, and especially all governors and +other executive authorities, all judges, justices, and other officers +of the peace, all military officers of the Army or Navy of the United +States, or officers of the militia, to be vigilant, each within his +respective department and according to his functions, in searching out +and bringing to condign punishment all persons engaged or concerned in +such enterprise, in seizing and detaining, subject to the disposition of +the law, all vessels, arms, military stores, or other means provided or +providing for the same, and, in general, in preventing the carrying on +such expedition or enterprise by all lawful means within their power; +and I require all good and faithful citizens and others within the +United States to be aiding and assisting herein, and especially in the +discovery, apprehension, and bringing to justice of all such offenders, +in preventing the execution of their unlawful designs, and in giving +information against them to the proper authorities. + +In testimony whereof I have caused the seal of the United States to +be affixed to these presents, and have signed the same with my hand. + +[SEAL.] + +Given at the city of Washington on the 27th day of November, 1806, and +in the year of the Sovereignty of the United States the thirty-first. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + + +SIXTH ANNUAL MESSAGE. + + +DECEMBER 2, 1806. + +_To the Senate and House of Representatives of the United States of +America in Congress assembled_: + +It would have given me, fellow-citizens, great satisfaction to announce +in the moment of your meeting that the difficulties in our foreign +relations existing at the time of your last separation had been amicably +and justly terminated. I lost no time in taking those measures which +were most likely to bring them to such a termination--by special +missions charged with such powers and instructions as in the event +of failure could leave no imputation on either our moderation or +forbearance. The delays which have since taken place in our negotiations +with the British Government appear to have proceeded from causes which +do not forbid the expectation that during the course of the session I +may be enabled to lay before you their final issue. What will be that of +the negotiations for settling our differences with Spain nothing which +had taken place at the date of the last dispatches enables us to +pronounce. On the western side of the Mississippi she advanced in +considerable force, and took post at the settlement of Bayou Pierre, on +the Red River. This village was originally settled by France, was held +by her as long as she held Louisiana, and was delivered to Spain only +as a part of Louisiana. Being small, insulated, and distant, it was not +observed at the moment of redelivery to France and the United States +that she continued a guard of half a dozen men which had been stationed +there. A proposition, however, having been lately made by our commander +in chief to assume the Sabine River as a temporary line of separation +between the troops of the two nations until the issue of our +negotiations shall be known, this has been referred by the Spanish +commandant to his superior, and in the meantime he has withdrawn his +force to the western side of the Sabine River. The correspondence on +this subject now communicated will exhibit more particularly the present +state of things in that quarter. + +The nature of that country requires indispensably that an unusual +proportion of the force employed there should be cavalry or mounted +infantry. In order, therefore, that the commanding officer might be +enabled to act with effect, I had authorized him to call on the +governors of Orleans and Mississippi for a corps of 500 volunteer +cavalry. The temporary arrangement he has proposed may perhaps render +this unnecessary; but I inform you with great pleasure of the +promptitude with which the inhabitants of those Territories have +tendered their services in defense of their country. It has done honor +to themselves, entitled them to the confidence of their fellow-citizens +in every part of the Union, and must strengthen the general +determination to protect them efficaciously under all circumstances +which may occur. + +Having received information that in another part of the United States +a great number of private individuals were combining together, arming +and organizing themselves contrary to law, to carry on a military +expedition against the territories of Spain, I thought it necessary, +by proclamation as well as by special orders, to take measures for +preventing and suppressing this enterprise, for seizing the vessels, +arms, and other means provided for it, and for arresting and bringing +to justice its authors and abettors. It was due to that good faith +which ought ever to be the rule of action in public as well as in +private transactions, it was due to good order and regular government, +that while the public force was acting strictly on the defensive and +merely to protect our citizens from aggression the criminal attempts +of private individuals to decide for their country the question of +peace or war by commencing active and unauthorized hostilities should +be promptly and efficaciously suppressed. + +Whether it will be necessary to enlarge our regular force will depend on +the result of our negotiations with Spain; but as it is uncertain when +that result will be known, the provisional measures requisite for that, +and to meet any pressure intervening in that quarter, will be a subject +for your early consideration. + +The possession of both banks of the Mississippi reducing to a single +point the defense of that river, its waters, and the country adjacent, +it becomes highly necessary to provide for that point a more adequate +security. Some position above its mouth, commanding the passage of the +river, should be rendered sufficiently strong to cover the armed vessels +which may be stationed there for defense, and in conjunction with them +to present an insuperable obstacle to any force attempting to pass. The +approaches to the city of New Orleans from the eastern quarter also will +require to be examined and more effectually guarded. For the internal +support of the country the encouragement of a strong settlement on the +western side of the Mississippi, within reach of New Orleans, will be +worthy the consideration of the Legislature. + +The gunboats authorized by an act of the last session are so advanced +that they will be ready for service in the ensuing spring. Circumstances +permitted us to allow the time necessary for their more solid +construction. As a much larger number will still be wanting to place +our seaport towns and waters in that state of defense to which we are +competent and they entitled, a similar appropriation for a further +provision for them is recommended for the ensuing year. + +A further appropriation will also be necessary for repairing +fortifications already established and the erection of such other works +as may have real effect in obstructing the approach of an enemy to our +seaport towns, or their remaining before them. + +In a country whose constitution is derived from the will of the people, +directly expressed by their free suffrages; where the principal +executive functionaries and those of the legislature are renewed by them +at short periods; where under the character of jurors they exercise in +person the greatest portion of the judiciary powers; where the laws are +consequently so formed and administered as to bear with equal weight and +favor on all, restraining no man in the pursuits of honest industry and +securing to everyone the property which that acquires, it would not be +supposed that any safeguards could be needed against insurrection or +enterprise on the public peace or authority. The lawrs, however, aware +that these should not be trusted to moral restraints only, have wisely +provided punishment for these crimes when committed. But would it not be +salutary to give also the means of preventing their commission? Where an +enterprise is meditated by private individuals against a foreign nation +in amity with the United States, powers of prevention to a certain +extent are given by the laws. Would they not be as reasonable and useful +where the enterprise preparing is against the United States? While +adverting to this branch of law it is proper to observe that in +enterprises meditated against foreign nations the ordinary process of +binding to the observance of the peace and good behavior, could it +be extended to acts to be done out of the jurisdiction of the United +States, would be effectual in some cases where the offender is able to +keep out of sight every indication of his purpose which could draw on +him the exercise of the powers now given by law. + +The States on the coast of Barbary seem generally disposed at present +to respect our peace and friendship; with Tunis alone some uncertainty +remains. Persuaded that it is our interest to maintain our peace with +them on equal terms or not at all, I propose to send in due time a +reen-forcement into the Mediterranean unless previous information shall +shew it to be unnecessary. + +We continue to receive proofs of the growing attachment of our Indian +neighbors and of their disposition to place all their interests under +the patronage of the United States. These dispositions are inspired by +their confidence in our justice and in the sincere concern we feel for +their welfare; and as long as we discharge these high and honorable +functions with the integrity and good faith which alone can entitle us +to their continuance we may expect to reap the just reward in their +peace and friendship. + +The expedition of Messrs. Lewis and Clarke for exploring the river +Missouri and the best communication from that to the Pacific Ocean has +had all the success which could have been expected. They have traced the +Missouri nearly to its source, descended the Columbia to the Pacific +Ocean; ascertained with accuracy the geography of that interesting +communication across our continent, learnt the character of the country, +of its commerce and inhabitants; and it is but justice to say that +Messrs. Lewis and Clarke and their brave companions have by this arduous +service deserved well of their country. + +The attempt to explore the Red River, under the direction of Mr. +Freeman, though conducted with a zeal and prudence meriting entire +approbation, has not been equally successful. After proceeding up it +about 600 miles, nearly as far as the French settlements had extended +while the country was in their possession, our geographers were obliged +to return without completing their work. + +Very useful additions have also been made to our knowledge of the +Mississippi by Lieutenant Pike, who has ascended it to its source, and +whose journal and map, giving the details of his journey, will shortly +be ready for communication to both Houses of Congress. Those of Messrs. +Lewis, Clarke, and Freeman will require further time to be digested +and prepared. These important surveys, in addition to those before +possessed, furnish materials for commencing an accurate map of the +Mississippi and its western waters. Some principal rivers, however, +remain still to be explored, toward which the authorization of Congress +by moderate appropriations will be requisite. + +I congratulate you, fellow-citizens, on the approach of the period at +which you may interpose your authority constitutionally to withdraw +the citizens of the United States from all further participation in +those violations of human rights which have been so long continued on +the unoffending inhabitants of Africa, and which the morality, the +reputation, and the best interests of our country have long been eager +to proscribe. Although no law you may pass can take prohibitory effect +till the first day of the year 1808, yet the intervening period is +not too long to prevent by timely notice expeditions which can not +be completed before that day. + +The receipts at the Treasury during the year ending on the 30th day of +September last have amounted to near $15,000,000, which have enabled us, +after meeting the current demands, to pay $2,700,000 of the American +claims in part of the price of Louisiana; to pay of the funded debt +upward of three millions of principal and nearly four of interest, and, +in addition, to reimburse in the course of the present month near two +millions of 5-1/2 per cent stock. These payments and reimbursements of +the funded debt, with those which had been made in the four years and a +half preceding, will at the close of the present year have extinguished +upward of twenty-three millions of principal. + +The duties composing the Mediterranean fund will cease by law at the +end of the present session. Considering, however, that they are levied +chiefly on luxuries and that we have an impost on salt, a necessary +of life, the free use of which otherwise is so important, I recommend +to your consideration the suppression of the duties on salt and the +continuation of the Mediterranean fund instead thereof for a short time, +after which that also will become unnecessary for any purpose now within +contemplation. + +When both of these branches of revenue shall in this way be relinquished +there will still ere long be an accumulation of moneys in the Treasury +beyond the installments of public debt which we are permitted by +contract to pay. They can not then, without a modification assented to +by the public creditors, be applied to the extinguishment of this debt +and the complete liberation of our revenues, the most desirable of all +objects. Nor, if our peace continues, will they be wanting for any other +existing purpose. The question therefore now comes forward, To what +other objects shall these surpluses be appropriated, and the whole +surplus of impost, after the entire discharge of the public debt, and +during those intervals when the purposes of war shall not call for them? +Shall we suppress the impost and give that advantage to foreign over +domestic manufactures? On a few articles of more general and necessary +use the suppression in due season will doubtless be right, but the great +mass of the articles on which impost is paid are foreign luxuries, +purchased by those only who are rich enough to afford themselves the +use of them. Their patriotism would certainly prefer its continuance +and application to the great purposes of the public education, roads, +rivers, canals, and such other objects of public improvement as it may +be thought proper to add to the constitutional enumeration of Federal +powers. By these operations new channels of communication will be opened +between the States, the lines of separation will disappear, their +interests will be identified, and their union cemented by new and +indissoluble ties. Education is here placed among the articles of public +care, not that it would be proposed to take its ordinary branches out +of the hands of private enterprise, which manages so much better all +the concerns to which it is equal, but a public institution can alone +supply those sciences which though rarely called for are yet necessary +to complete the circle, all the parts of which contribute to the +improvement of the country and some of them to its preservation. The +subject is now proposed for the consideration of Congress, because if +approved by the time the State legislatures shall have deliberated on +this extension of the Federal trusts, and the laws shall be passed and +other arrangements made for their execution, the necessary funds will +be on hand and without employment. I suppose an amendment to the +Constitution, by consent of the States, necessary, because the objects +now recommended are not among those enumerated in the Constitution, and +to which it permits the public moneys to be applied. + +The present consideration of a national establishment for education +particularly is rendered proper by this circumstance also, that if +Congress, approving the proposition, shall yet think it more eligible +to found it on a donation of lands, they have it now in their power to +endow it with those which will be among the earliest to produce the +necessary income. This foundation would have the advantage of being +independent of war, which may suspend other improvements by requiring +for its own purposes the resources destined for them. + +This, fellow-citizens, is the state of the public interests at the +present moment and according to the information now possessed. But such +is the situation of the nations of Europe and such, too, the predicament +in which we stand with some of them that we can not rely with certainty +on the present aspect of our affairs, that may change from moment +to moment during the course of your session or after you shall have +separated. Our duty is, therefore, to act upon things as they are and +to make a reasonable provision for whatever they may be. Were armies to +be raised whenever a speck of war is visible in our horizon, we never +should have been without them. Our resources would have been exhausted +on dangers which have never happened, instead of being reserved for +what is really to take place. A steady, perhaps a quickened, pace in +preparations for the defense of our seaport towns and waters; an early +settlement of the most exposed and vulnerable parts of our country; a +militia so organized that its effective portions can be called to any +point in the Union, or volunteers instead of them to serve a sufficient +time, are means which may always be ready, yet never preying on our +resources until actually called into use. They will maintain the +public interests while a more permanent force shall be in course of +preparation. But much will depend on the promptitude with which these +means can be brought into activity. If war be forced upon us, in spite +of our long and vain appeals to the justice of nations, rapid and +vigorous movements in its outset will go far toward securing us in its +course and issue, and toward throwing its burthens on those who render +necessary the resort from reason to force. + +The result of our negotiations, or such incidents in their course as may +enable us to infer their probable issue; such further movements also +on our western frontiers as may shew whether war is to be pressed there +while negotiation is protracted elsewhere, shall be communicated to +you from time to time as they become known to me, with whatever other +information I possess or may receive, which may aid your deliberations +on the great national interests committed to your charge. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 3, 1806. + +_To the Senate and House of Representatives of the United States_: + +I have the satisfaction to inform you that the negotiation depending +between the United States and the Government of Great Britain is +proceeding in a spirit of friendship and accommodation which promises a +result of mutual advantage. Delays, indeed, have taken place, occasioned +by the long illness and subsequent death of the British minister charged +with that duty. But the commissioners appointed by that Government +to resume the negotiation have shewn every disposition to hasten its +progress. It is, however, a work of time, as many arrangements are +necessary to place our future harmony on stable grounds. In the meantime +we find by the communications of our plenipotentiaries that a temporary +suspension of the act of the last session prohibiting certain +importations would, as a mark of candid disposition on our part and of +confidence in the temper and views with which they have been met, have +a happy effect on its course. A step so friendly will afford further +evidence that all our proceedings have flowed from views of justice and +conciliation, and that we give them willingly that form which may best +meet corresponding dispositions. + +Add to this that the same motives which produced the postponement of +the act till the 15th of November last are in favor of its further +suspension, and as we have reason to hope that it may soon yield to +arrangements of mutual consent and convenience, justice seems to require +that the same measure may be dealt out to the few cases which may fall +within its short course as to all others preceding and following it. +I can not, therefore, but recommend the suspension of this act for a +reasonable time, on considerations of justice, amity, and the public +interests. + +TH. JEFFERSON. + + + +DECEMBER 15, 1806, + +_To the House of Representatives of the United States_: + +I lay before Congress a report of the surveyor of the public buildings, +stating the progress made on them during the last season and what is +proposed for the ensuing one. + +I took every measure within my power for carrying into effect the +request of the House of Representatives of the 17th of April last +to cause the south wing of the Capitol to be prepared for their +accommodation by the commencement of the present session. With great +regret I found it was not to be accomplished. The quantity of freestone +necessary, with the size and quality of many of the blocks, was +represented as beyond what could be obtained from the quarries by any +exertions which could be commanded. The other parts of the work, which +might all have been completed in time, were necessarily retarded by the +insufficient progress of the stonework. + +TH. JEFFERSON. + + + +JANUARY 5, 1807. + +_To the Senate and House of Representatives of the United States_: + +I transmit to each House of Congress a copy of the laws of the Territory +of Michigan passed by the governor and judges of the Territory during +the year 1805. + +TH. JEFFERSON. + + + +JANUARY 22, 1807. + +_To the Senate and House of Representatives of the United States_: + +Agreeably to the request of the House of Representatives communicated +in their resolution of the 16th instant, I proceed to state, under the +reserve therein expressed, information received touching an illegal +combination of private individuals against the peace and safety of the +Union, and a military expedition planned by them against the territories +of a power in amity with the United States, with the measures I have +pursued for suppressing the same. + +I had for some time been in the constant expectation of receiving +such further information as would have enabled me to lay before the +Legislature the termination as well as the beginning and progress of +this scene of depravity so far as it has been acted on the Ohio and its +waters. From this the state of safety of the lower country might have +been estimated on probable grounds, and the delay was indulged the +rather because no circumstance had yet made it necessary to call in the +aid of the legislative functions. Information now recently communicated +has brought us nearly to the period contemplated. The mass of what I +have received in the course of these transactions is voluminous, but +little has been given under the sanction of an oath so as to constitute +formal and legal evidence. It is chiefly in the form of letters, often +containing such a mixture of rumors, conjectures, and suspicions +as renders it difficult to sift out the real facts and unadvisable +to hazard more than general outlines, strengthened by concurrent +information or the particular credibility of the relator. In this state +of the evidence, delivered sometimes, too, under the restriction of +private confidence, neither safety nor justice will permit the exposing +names, except that of the principal actor, whose guilt is placed beyond +question. + +Some time in the latter part of September I received intimations that +designs were in agitation in the Western country unlawful and unfriendly +to the peace of the Union, and that the prime mover in these was Aaron +Burr, heretofore distinguished by the favor of his country. The grounds +of these intimations being inconclusive, the objects uncertain, and the +fidelity of that country known to be firm, the only measure taken was to +urge the informants to use their best endeavors to get further insight +into the designs and proceedings of the suspected persons and to +communicate them to me. + +It was not till the latter part of October that the objects of the +conspiracy began to be perceived, but still so blended and involved in +mystery that nothing distinct could be singled out for pursuit. In this +state of uncertainty as to the crime contemplated, the acts done, and +the legal course to be pursued, I thought it best to send to the scene +where these things were principally in transaction a person in whose +integrity, understanding, and discretion entire confidence could be +reposed, with instructions to investigate the plots going on, to enter +into conference (for which he had sufficient credentials) with the +governors and all other officers, civil and military, and with their +aid to do on the spot whatever should be necessary to discover the +designs of the conspirators, arrest their means, bring their persons +to punishment, and to call out the force of the country to suppress any +unlawful enterprise in which it should be found they were engaged. +By this time it was known that many boats were under preparation, +stores of provisions collecting, and an unusual number of suspicious +characters in motion on the Ohio and its waters. Besides dispatching +the confidential agent to that quarter, orders were at the same time +sent to the governors of the Orleans and Mississippi Territories and +to the commanders of the land and naval forces there to be on their +guard against surprise and in constant readiness to resist any enterprise +which might be attempted on the vessels, posts, or other objects under +their care; and on the 8th of November instructions were forwarded to +General Wilkinson to hasten an accommodation with the Spanish commandant +on the Sabine, and as soon as that was effected to fall back with his +principal force to the hither bank of the Mississippi for the defense +of the interesting points on that river. By a letter received from +that officer on the 25th of November, but dated October 21, we learnt +that a confidential agent of Aaron Burr had been deputed to him with +communications, partly written in cipher and partly oral, explaining his +designs, exaggerating his resources, and making such offers of emolument +and command to engage him and the army in his unlawful enterprise as he +had flattered himself would be successful. The General, with the honor +of a soldier and fidelity of a good citizen, immediately dispatched a +trusty officer to me with information of what had passed, proceeding +to establish such an understanding with the Spanish commandant on the +Sabine as permitted him to withdraw his force across the Mississippi +and to enter on measures for opposing the projected enterprise. + +The General's letter, which came to hand on the 25th of November, as has +been mentioned, and some other information received a few days earlier, +when brought together developed Burr's general designs, different parts +of which only had been revealed to different informants. It appeared +that he contemplated two distinct objects, which might be carried on +either jointly or separately, and either the one or the other first, +as circumstances should direct. One of these was the severance of the +Union of these States by the Alleghany Mountains; the other an attack +on Mexico. A third object was provided, merely ostensible, to wit, the +settlement of a pretended purchase of a tract of country on the Washita +claimed by a Baron Bastrop. This was to serve as the pretext for all +his preparations, an allurement for such followers as really wished to +acquire settlements in that country and a cover under which to retreat +in the event of a final discomfiture of both branches of his real +design. + +He found at once that the attachment of the Western country to the +present Union was not to be shaken; that its dissolution could not be +effected with the consent of its inhabitants, and that his resources +were inadequate as yet to effect it by force. He took his course then +at once, determined to seize on New Orleans, plunder the bank there, +possess himself of the military and naval stores, and proceed on his +expedition to Mexico, and to this object all his means and preparations +were now directed. He collected from all the quarters where himself or +his agents possessed influence all the ardent, restless, desperate, +and disaffected persons who were ready for any enterprise analogous to +their characters. He seduced good and well-meaning citizens, some by +assurances that he possessed the confidence of the Government and was +acting under its secret patronage, a pretense which procured some credit +from the state of our differences with Spain, and others by offers of +land in Bastrop's claim on the Washita. + +This was the state of my information of his proceedings about the last +of November, at which time, therefore, it was first possible to take +specific measures to meet them. The proclamation of November 27, two +days after the receipt of General Wilkinson's information, was now +issued. Orders were dispatched to every interesting point on the Ohio +and Mississippi from Pittsburg to New Orleans for the employment of such +force either of the regulars or of the militia and of such proceedings +also of the civil authorities as might enable them to seize on all the +boats and stores provided for the enterprise, to arrest the persons +concerned, and to suppress effectually the further progress of the +enterprise. A little before the receipt of these orders in the State +of Ohio our confidential agent, who had been diligently employed in +investigating the conspiracy, had acquired sufficient information to +open himself to the governor of that State and apply for the immediate +exertion of the authority and power of the State to crush the +combination. Governor Tiffin and the legislature, with a promptitude, +an energy, and patriotic zeal which entitle them to a distinguished +place in the affection of their sister States, effected the seizure +of all the boats, provisions, and other preparations within their +reach, and thus gave a first blow, materially disabling the enterprise +in its outset. + +In Kentucky a premature attempt to bring Burr to justice without +sufficient evidence for his conviction had produced a popular impression +in his favor and a general disbelief of his guilt. This gave him an +unfortunate opportunity of hastening his equipments. The arrival of +the proclamation and orders and the application and information of our +confidential agent at length awakened the authorities of that State +to the truth, and then produced the same promptitude and energy of +which the neighboring State had set the example. Under an act of their +legislature of December 23 militia was instantly ordered to different +important points, and measures taken for doing whatever could yet be +done. Some boats (accounts vary from five to double or treble that +number) and persons (differently estimated from 100 to 300) had in +the meantime passed the Falls of Ohio to rendezvous at the mouth of +Cumberland with others expected down that river. + +Not apprised till very late that any boats were building on Cumberland, +the effect of the proclamation had been trusted to for some time in the +State of Tennessee; but on the *19th of December similar communications +and instructions with those to the neighboring States were dispatched by +express to the governor and a general officer of the western division +ofthe State, and on the 23d of December our confidential agent left +Frankfort for Nashville to put into activity the means of that State +also. But by information received yesterday I learn that on the 22d of +December Mr. Burr descended the Cumberland with two boats merely of +accommodation, carrying with him from that State no quota toward his +unlawful enterprise. Whether after the arrival of the proclamation, of +the orders, or of our agent any exertion which could be made by that +State or the orders of the governor of Kentucky for calling out the +militia at the mouth of Cumberland would be in time to arrest these +boats and those from the Falls of Ohio is still doubtful. + +On the whole, the fugitives from the Ohio, with their associates from +Cumberland or any other place in that quarter, can not threaten serious +danger to the city of New Orleans. + +By the same express of December 19 orders were sent to the governors of +Orleans and Mississippi, supplementary to those which had been given +onthe 25th of November, to hold the militia of their Territories in +readiness to cooperate for their defense with the regular troops and +armed vessels then under command of General Wilkinson. Great alarm, +indeed, was excited at New Orleans by the exaggerated accounts of Mr. +Burr, disseminated through his emissaries, of the armies and navies +he was to assemble there. General Wilkinson had arrived there himself +on the 24th of November, and had immediately put into activity the +resources of the place for the purpose of its defense, and on the 10th +of December he was joined by his troops from the Sabine. Great zeal was +shewn by the inhabitants generally, the merchants of the place readily +agreeing to the most laudable exertions and sacrifices for manning the +armed vessels with their seamen, and the other citizens manifesting +unequivocal fidelity to the Union and a spirit of determined resistance +to their expected assailants. + +Surmises have been hazarded that this enterprise is to receive aid +from certain foreign powers; but these surmises are without proof or +probability. The wisdom of the measures sanctioned by Congress at its +last session has placed us in the paths of peace and justice with the +only powers with whom we had any differences, and nothing has happened +since which makes it either their interest or ours to pursue another +course. No change of measures has taken place on our part; none ought +to take place at this time. With the one, friendly arrangement was then +proposed, and the law deemed necessary on the failure of that was +suspended to give time for a fair trial of the issue. With the same +power friendly arrangement is now proceeding under good expectations, +and the same law deemed necessary on failure of that is still suspended, +to give time for a fair trial of the issue. With the other, negotiation +was in like manner then preferred, and provisional measures only taken +to meet the event of rupture. With the same power negotiation is still +preferred, and provisional measures only are necessary to meet the event +of rupture. While, therefore, we do not deflect in the slightest degree +from the course we then assumed and are still pursuing with mutual +consent to restore a good understanding, we arc not to impute to them +practices as irreconcilable to interest as to good faith, and changing +necessarily the relations of peace and justice between us to those of +war. These surmises are therefore to be imputed to the vauntings of the +author of this enterprise to multiply his partisans by magnifying the +belief of his prospects and support. + +By letters from General Wilkinson of the 14th and 18th of December, +which came to hand two days after the date of the resolution of the +House of Representatives--that is to say, on the morning of the 18th +instant--I received the important affidavit a copy of which I now +communicate, with extracts of so much of the letters as comes within the +scope of the resolution. By these it will be seen that of three of the +principal emissaries of Mr. Burr whom the General had caused to be +apprehended, one had been liberated by habeas corpus, and two others, +being those particularly employed in the endeavor to corrupt the general +and army of the United States, have been embarked by him for ports in +the Atlantic States, probably on the consideration that an impartial +trial could not be expected during the present agitations of New +Orleans, and that that city was not as yet a safe place of confinement. +As soon as these persons shall arrive they will be delivered to the +custody of the law and left to such course of trial, both as to place +and process, as its functionaries may direct. The presence of the +highest judicial authorities, to be assembled at this place within a few +days, the means of pursuing a sounder course of proceedings here than +elsewhere, and the aid of the Executive means, should the judges have +occasion to use them, render it equally desirable for the criminals as +for the public that, being already removed from the place where they +were first apprehended, the first regular arrest should take place here, +and the course of proceedings receive here its proper direction. + +TH. JEFFERSON. + + + +JANUARY 26, 1807. + +_To the Senate, and House of Representatives of the United States_: + +I received from General Wilkinson on the 23d instant his affidavit +charging Samuel Swartwout, Peter V. Ogden, and James Alexander with the +crimes described in the affidavit a copy of which is now communicated +to both Houses of Congress. + +It was announced to me at the same time that Swartwout and Bollman, two +of the persons apprehended by him, were arrived in this city in custody +each of a military officer. I immediately delivered to the attorney of +the United States in this district the evidence received against them, +with instructions to lay the same before the judges and apply for their +process to bring the accused to justice, and put into his hands orders +to the officers having them in custody to deliver them to the marshal +on his application. + +TH. JEFFERSON. + + + +JANUARY 27, 1807. + +_To the Senate and House of Representatives of the United States_: + +I now render to Congress the account of the fund established for +defraying the contingent expenses of Government for the year 1806. +No occasion having arisen for making use of any part of the balance of +$18,012.50, unexpended on the 31st day of December, 1805, that balance +remains in the Treasury. + +TH. JEFFERSON. + + + +JANUARY 28, 1807. + +_To the Senate and House of Representatives of the United States_: + +By the letters of Captain Bissel, who commands at Fort Massac, and of +Mr. Murrell, to General Jackson, of Tennessee, copies of which are now +communicated to Congress, it will be seen that Aaron Burr passed Fort +Massac on the 31st December with about ten boats, navigated by about six +hands each, without any military appearance, and that three boats with +ammunition were said to have been arrested by the militia at Louisville. + +As the guards of militia posted on various points of the Ohio will be +able to prevent any further aids passing through that channel, should +any be attempted, we may now estimate with tolerable certainty the means +derived from the Ohio and its waters toward the accomplishment of the +purposes of Mr. Burr. + +TH. JEFFERSON. + + + +JANUARY 31, 1807. + +_To the Senate and House of Representatives of the United States_: + +In execution of the act of the last session of Congress entitled "An +act to regulate the laying out and making a road from Cumberland, in +the State of Maryland, to the State of Ohio," I appointed Thomas Moore, +of Maryland; Joseph Kerr, of Ohio, and Eli Williams, of Maryland, +commissioners to lay out the said road, and to perform the other duties +assigned to them by the act. The progress which they made in the +execution of the work during the last season will appear in their report +now communicated to Congress. On the receipt of it I took measures +to obtain consent for making the road of the States of Pennsylvania, +Maryland, and Virginia, through which the commissioners proposed to +lay it out. I have received acts of the legislatures of Maryland and +Virginia giving the consent desired; that of Pennsylvania has the +subject still under consideration, as is supposed. Until I receive full +consent to a free choice of route through the whole distance I have +thought it safest neither to accept nor reject finally the partial +report of the commissioners. Some matters suggested in the report belong +exclusively to the Legislature. + +TH. JEFFERSON. + + + +FEBRUARY 6, 1807. + +_To the Senate and House of Representatives of the United States_: + +I lay before Congress the laws for the government of Louisiana, passed +by the governor and judges of the Indiana Territory at their session at +Vincennes begun on the 1st of October, 1804. + +TH. JEFFERSON. + + + +FEBRUARY 6, 1807. + +_To the Senate and House of Representatives of the United States_: + +The Government of France having examined into the claim of M. de +Beaumarchais against the United States, and considering it as just and +legal, has instructed its minister here to make representations on the +subject to the Government of the United States. I now lay his memoir +thereon before the Legislature, the only authority competent to a final +decision on the same. + +TH. JEFFERSON. + + + +FEBRUARY 10, 1807. + +_To the Senate and House of Representatives of the United States_: + +I communicate, for the information of Congress, a letter from Cowles +Mead, secretary of the Mississippi Territory, to the Secretary of War, +by which it will be seen that Mr. Burr had reached that neighborhood +on the 13th of January. + +TH. JEFFERSON. + + +FEBRUARY 10, 1807. + +_To the Senate and House of Representatives of the United States_: + +In compliance with the request of the House of Representatives expressed +in their resolution of the 5th instant, I proceed to give such +information as is possessed of the effect of gunboats in the protection +and defense of harbors, of the numbers thought necessary, and of the +proposed distribution of them among the ports and harbors of the United +States. + +Under present circumstances, and governed by the intentions of the +Legislature as manifested by their annual appropriations of money for +the purposes of defense, it has been concluded to combine, first, land +batteries furnished with heavy cannon and mortars, and established on +all the points around the place favorable for preventing vessels from +lying before it; second, movable artillery, which may be carried, as +occasion may require, to points unprovided with fixed batteries; third, +floating batteries, and fourth, gunboats which may oppose an enemy at +his entrance and cooperate with the batteries for his expulsion. + +On this subject professional men were consulted as far as we had +opportunity. General Wilkinson and the late General Gates gave their +opinions in writing in favor of the system, as will be seen by their +letters now communicated. The higher officers of the Navy gave the same +opinions in separate conferences, as their presence at the seat of +Government offered occasions of consulting them, and no difference of +judgment appeared on the subject. Those of Commodore Barren and Captain +Tingey, now here, are recently furnished in writing, and transmitted +herewith to the Legislature. + +The efficacy of gunboats for the defense of harbors and of other smooth +and inclosed waters may be estimated in part from that of galleys +formerly much used but less powerful, more costly in their construction +and maintenance, and requiring more men. But the gunboat itself is +believed to be in use with every modern maritime nation for the purposes +of defense. In the Mediterranean, on which are several small powers +whose system, like ours, is peace and defense, few harbors are without +this article of protection. Our own experience there of the effect of +gunboats for harbor service is recent. Algiers is particularly known +to have owed to a great provision of these vessels the safety of its +city since the epoch of their construction, Before that it had been +repeatedly insulted and injured. The effect of gunboats at present in +the neighborhood of Gibraltar is well known, and how much they were used +both in the attack and defense of that place during a former war. The +extensive resort to them by the two greatest naval powers in the world +on an enterprise of invasion not long since in prospect shews their +confidence in their efficacy for the purposes for which they are suited. +By the northern powers of Europe, whose seas are particularly adapted +to them, they are still more used. The remarkable action between the +Russian flotilla of gunboats and galleys and a Turkish fleet of ships +of the line and frigates in the Liman Sea in 1788 will be readily +recollected. The latter, commanded by their most celebrated admiral, +were completely defeated, and several of their ships of the line +destroyed. + +From the opinions given as to the number of gunboats necessary for some +of the principal seaports, and from a view of all the towns and ports +from Orleans to Maine, inclusive, entitled to protection in proportion +to their situation and circumstances, it is concluded that to give them +a due measure of protection in times of war about 200 gunboats will be +requisite. + +According to first ideas the following would be their general +distribution, liable to be varied on more mature examination and +as circumstances shall vary; that is to say: + +To the Mississippi and its neighboring waters, 40 gunboats. + +To Savannah and Charleston, and the harbors on each side from St. Marys +to Currituck, 25. + +To the Chesapeake and its waters, 20. + +To Delaware Bay and River, 15. + +To New York, the Sound, and waters as far as Cape Cod, 50. + +To Boston and the harbors north of Cape Cod, 50. + +The flotillas assigned to these several stations might each be under +the care of a particular commandant, and the vessels composing them +would in ordinary be distributed among the harbors within the station +in proportion to their importance. + +Of these boats a proper proportion would be of the larger size, such +as those heretofore built, capable of navigating any seas and of +reenforcing occasionally the strength of even the most distant ports +when menaced with danger. The residue would be confined to their own +or the neighboring harbors, would be smaller, less furnished for +accommodation, and consequently less costly. Of the number supposed +necessary, 73 are built or building, and the 127 still to be provided +would cost from $500,000 to $600,000. Having regard to the convenience +of the Treasury as well as to the resources for building, it has been +thought that the one-half of these might be built in the present year +and the other half the next. With the Legislature, however, it will rest +to stop where we are, or at any further point, when they shall be of +opinion that the number provided shall be sufficient for the object. + +At times when Europe as well as the United States shall be at peace +it would not be proposed that more than six or eight of these vessels +should be kept afloat. When Europe is in war, treble that number might +be necessary, to be distributed among those particular harbors which +foreign vessels of war are in the habit of frequenting for the purpose +of preserving order therein. But they would be manned in ordinary, with +only their complement for navigation, relying on the seamen and militia +of the port if called into action on any sudden emergency. It would be +only when the United States should themselves be at war that the whole +number would be brought into active service, and would be ready in the +first moments of the war to cooperate with the other means for covering +at once the line of our seaports. At all times those unemployed would be +withdrawn into places not exposed to sudden enterprise, hauled up under +sheds from the sun and weather, and kept in preservation with little +expense for repairs or maintenance. + +It must be superfluous to observe that this species of naval armament +is proposed merely for defensive operation; that it can have but little +effect toward protecting our commerce in the open seas, even on our own +coast; and still less can it become an excitement to engage in offensive +maritime war, toward which it would furnish no means. + +TH. JEFFERSON. + + + +FEBRUARY 11, 1807. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the militia of the United +States according to the latest returns received by the Department +of War. From two of the States no returns have ever been received. + +TH. JEFFERSON. + + + +FEBRUARY 19, 1807. + +_To the Senate and House of Representatives of the United States_: + +I transmit to Congress a letter from our ministers plenipotentiary +at London, informing us that they have agreed with the British +commissioners to conclude a treaty on all the points which had formed +the object of their negotiation, and on terms which they trusted we +would approve. + +Also a letter from our minister plenipotentiary at Paris covering one +to him from the minister of marine of that Government assuring him that +the imperial decree lately passed was not to affect our commerce, which +would still be governed by the rules of the treaty established between +the two countries. + +Also a letter from Cowles Mead, secretary of the Mississippi Territory, +acting as governor, informing us that Aaron Burr had surrendered himself +to the civil authority of that Territory. + +TH. JEFFERSON. + + + + +PROCLAMATIONS. + + +BY THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +During the wars which for some time have unhappily prevailed among the +powers of Europe the United States of America, firm in their principles +of peace, have endeavored, by justice, by a regular discharge of all +their national and social duties, and by every friendly office their +situation has admitted, to maintain with all the belligerents their +accustomed relations of friendship, hospitality, and commercial +intercourse. Taking no part in the questions which animate these powers +against each other, nor permitting themselves to entertain a wish but +for the restoration of general peace, they have observed with good faith +the neutrality they assumed, and they believe that no instance of a +departure from its duties can be justly imputed to them by any nation. +A free use of their harbors and waters, the means of refitting and of +refreshment, of succor to their sick and suffering, have at all times +and on equal principles been extended to all, and this, too, amidst a +constant recurrence of acts of insubordination to the laws, of violence +to the persons, and of trespasses on the property of our citizens +committed by officers of one of the belligerent parties received among +us. In truth, these abuses of the laws of hospitality have, with few +exceptions, become habitual to the commanders of the British armed +vessels hovering on our coasts and frequenting our harbors. They have +been the subject of repeated representations to their Government. +Assurances have been given that proper orders should restrain them +within the limits of the rights and of the respect due to a friendly +nation; but those orders and assurances have been without effect--no +instance of punishment for past wrongs has taken place. At length a deed +transcending all we have hitherto seen or suffered brings the public +sensibility to a serious crisis and our forbearance to a necessary +pause. A frigate of the United States, trusting to a state of peace, and +leaving her harbor on a distant service, has been surprised and attacked +by a British vessel of superior force--one of a squadron then lying in +our waters and covering the transaction--and has been disabled from +service, with the loss of a number of men killed and wounded. This +enormity was not only without provocation or justifiable cause, but was +committed with the avowed purpose of taking by force from a ship of war +of the United States a part of her crew; and that no circumstance might +be wanting to mark its character, it had been previously ascertained +that the seamen demanded were native citizens of the United States. +Having effected her purpose, she returned to anchor with her squadron +within our jurisdiction. Hospitality under such circumstances ceases to +be a duty, and a continuance of it with such uncontrolled abuses would +tend only, by multiplying injuries and irritations, to bring on a +rupture between the two nations. This extreme resort is equally opposed +to the interests of both, as it is to assurances of the most friendly +dispositions on the part of the British Government, in the midst of +which this outrage has been committed. In this light the subject can not +but present itself to that Government and strengthen the motives to +an honorable reparation of the wrong which has been done, and to that +effectual control of its naval commanders which alone can justify the +Government of the United States in the exercise of those hospitalities +it is now constrained to discontinue. + +In consideration of these circumstances and of the right of every nation +to regulate its own police, to provide for its peace and for the safety +of its citizens, and consequently to refuse the admission of armed +vessels into its harbors or waters, either in such numbers or of such +descriptions as are inconsistent with these or with the maintenance +of the authority of the laws, I have thought proper, in pursuance of +the authorities specially given by law, to issue this my proclamation, +hereby requiring all armed vessels bearing commissions under the +Government of Great Britain now within the harbors or waters of the +United States immediately and without any delay to depart from the same, +and interdicting the entrance of all the said harbors and waters to the +said armed vessels and to all others bearing commissions under the +authority of the British Government. + +And if the said vessels, or any of them, shall fail to depart as +aforesaid, or if they or any others so interdicted shall hereafter +enter the harbors or waters aforesaid, I do in that case forbid all +intercourse with them, or any of them, their officers or crews, and +do prohibit all supplies and aid from being furnished to them, or any +of them. + +And I do declare and make known that if any person from or within the +jurisdictional limits of the United States shall afford any aid to any +such vessel contrary to the prohibition contained in this proclamation, +either in repairing any such vessel or in furnishing her, her officers +or crew, with supplies of any kind or in any manner whatsoever; or if +any pilot shall assist in navigating any of the said armed vessels, +unless it be for the purpose of carrying them in the first instance +beyond the limits and jurisdiction of the United States, or unless it +be in the case of a vessel forced by distress or charged with public +dispatches, as hereinafter provided for, such person or persons shall +on conviction suffer all the pains and penalties by the laws provided +for such offenses. + +And I do hereby enjoin and require all persons bearing office, civil or +military, within or under the authority of the United States, and all +others citizens or inhabitants thereof, or being within the same, with +vigilance and promptitude to exert their respective authorities and to +be aiding and assisting to the carrying this proclamation and every part +thereof into full effect. + +Provided, nevertheless, that if any such vessel shall be forced into the +harbors or waters of the United States by distress, by the dangers of +the sea, or by the pursuit of an enemy, or shall enter them charged +with dispatches or business from their Government, or shall be a public +packet for the conveyance of letters and dispatches, the commanding +officer, immediately reporting his vessel to the collector of the +district, stating the object or causes of entering the said harbors +or waters, and conforming himself to the regulations in that case +prescribed under the authority of the laws, shall be allowed the benefit +of such regulations respecting repairs, supplies, stay, intercourse, and +departure as shall be permitted under the same authority. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to be +affixed to these presents, and signed the same. + +Given at the city of Washington, the 2d day of July, A.D. 1807, and of +the Sovereignty and Independence of the United States the thirty-first. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + +[From Annals of Congress, Tenth Congress, first session, vol. i, 9.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas great and weighty matters claiming the consideration of the +Congress of the United States form an extraordinary occasion for +convening them, I do by these presents appoint Monday, the 26th day +of October next, for their meeting at the city of Washington, hereby +requiring the respective Senators and Representatives then and there to +assemble in Congress, in order to receive such communications as may +then be made to them, and to consult and determine on such measures as +in their wisdom may be deemed meet for the welfare of the United States. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to be +hereunto affixed, and signed the same with my hand. + +Done at the city of Washington, the 30th day of July, A.D. 1807, and in +the thirty-second year of the Independence of the United States. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + +[From the National Intelligencer, October 19, 1807.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas information has been received that a number of individuals who +have deserted from the Army of the United States and sought shelter +without the jurisdiction thereof have become sensible of their offense +and are desirous of returning to their duty, a full pardon is hereby +proclaimed to each and all of such individuals as shall within four +months from the date hereof surrender themselves to the commanding +officer of any military post within the United States or the Territories +thereof. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to be +affixed to these presents, and signed the same with my hand. + +Done at the city of Washington, the 15th day of October, A.D. 1807, and +of the Independence of the United States of America the thirty-second. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + + +SEVENTH ANNUAL MESSAGE. + + +OCTOBER 27, 1807. + +_To the Senate and House of Representatives of the United States_: + +Circumstances, fellow-citizens, which seriously threatened the peace +of our country have made it a duty to convene you at an earlier period +than usual. The love of peace so much cherished in the bosoms of our +citizens, which has so long guided the proceedings of their public +councils and induced forbearance under so many wrongs, may not insure +our continuance in the quiet pursuits of industry. The many injuries +and depredations committed on our commerce and navigation upon the high +seas for years past, the successive innovations on those principles +of public law which have been established by the reason and usage of +nations as the rule of their intercourse and the umpire and security +of their rights and peace, and all the circumstances which induced +the extraordinary mission to London are already known to you. The +instructions given to our ministers were framed in the sincerest spirit +of amity and moderation. They accordingly proceeded, in conformity +therewith, to propose arrangements which might embrace and settle all +the points in difference between us, which might bring us to a mutual +understanding on our neutral and national rights and provide for a +commercial intercourse on conditions of some equality. After long and +fruitless endeavors to effect the purposes of their mission and to +obtain arrangements within the limits of their instructions, they +concluded to sign such as could be obtained and to send them for +consideration, candidly declaring to the other negotiators at the same +time that they were acting against their instructions, and that their +Government, therefore, could not be pledged for ratification. Some +of the articles proposed might have been admitted on a principle +of compromise, but others were too highly disadvantageous, and no +sufficient provision was made against the principal source of the +irritations and collisions which were constantly endangering the peace +of the two nations. The question, therefore, whether a treaty should +be accepted in that form could have admitted but of one decision, even +had no declarations of the other party impaired our confidence in it. +Still anxious not to close the door against friendly adjustment, new +modifications were framed and further concessions authorized than could +before have been supposed necessary; and our ministers were instructed +to resume their negotiations on these grounds. On this new reference to +amicable discussion we were reposing in confidence, when on the 22d day +of June last by a formal order from a British admiral the frigate +_Chesapeake_, leaving her port for a distant service, was attacked +by one of those vessels which had been lying in our harbors under the +indulgences of hospitality, was disabled from proceeding, had several +of her crew killed and four taken away. On this outrage no commentaries +are necessary. Its character has been pronounced by the indignant voice +of our citizens with an emphasis and unanimity never exceeded. I +immediately, by proclamation, interdicted our harbors and waters to all +British armed vessels, forbade intercourse with them, and uncertain how +far hostilities were intended, and the town of Norfolk, indeed, being +threatened with immediate attack, a sufficient force was ordered for +the protection of that place, and such other preparations commenced and +pursued as the prospect rendered proper. An armed vessel of the United +States was dispatched with instructions to our ministers at London to +call on that Government for the satisfaction and security required by +the outrage. A very short interval ought now to bring the answer, which +shall be communicated to you as soon as received; then also, or as soon +after as the public interests shall be found to admit, the unratified +treaty and proceedings relative to it shall be made known to you. + +The aggression thus begun has been continued on the part of the British +commanders by remaining within our waters in defiance of the authority +of the country, by habitual violations of its jurisdiction, and at +length by putting to death one of the persons whom they had forcibly +taken from on board the _Chesapeake_. These aggravations necessarily +lead to the policy either of never admitting an armed vessel into our +harbors or of maintaining in every harbor such an armed force as may +constrain obedience to the laws and protect the lives and property +of our citizens against their armed guests; but the expense of such +a standing force and its inconsistence with our principles dispense +with those courtesies which would necessarily call for it, and leave +us equally free to exclude the navy, as we are the army, of a foreign +power from entering our limits. + +To former violations of maritime rights another is now added of very +extensive effect. The Government of that nation has issued an order +interdicting all trade by neutrals between ports not in amity with +them; and being now at war with nearly every nation on the Atlantic and +Mediterranean seas, our vessels are required to sacrifice their cargoes +at the first port they touch or to return home without the benefit of +going to any other market. Under this new law of the ocean our trade +on the Mediterranean has been swept away by seizures and condemnations, +and that in other seas is threatened with the same fate. + +Our differences with Spain remain still unsettled, no measure having +been taken on her part since my last communications to Congress to +bring them to a close. But under a state of things which may favor +reconsideration they have been recently pressed, and an expectation is +entertained that they may now soon be brought to an issue of some sort. +With their subjects on our borders no new collisions have taken place +nor seem immediately to be apprehended. To our former grounds of +complaint has been added a very serious one, as you will see by the +decree a copy of which is now communicated. Whether this decree, which +professes to be conformable to that of the French Government of November +21, 1806, heretofore communicated to Congress, will also be conformed +to that in its construction and application in relation to the United +States had not been ascertained at the date of our last communications. +These, however, gave reason to expect such a conformity. + +With the other nations of Europe our harmony has been uninterrupted, +and commerce and friendly intercourse have been maintained on their +usual footing. + +Our peace with the several states on the coast of Barbary appears as +firm as at any former period and as likely to continue as that of any +other nation. + +Among our Indian neighbors in the northwestern quarter some fermentation +was observed soon after the late occurrences, threatening the +continuance of our peace. Messages were said to be interchanged and +tokens to be passing, which usually denote a state of restlessness among +them, and the character of the agitators pointed to the sources of +excitement. Measures were immediately taken for providing against that +danger; instructions were given to require explanations, and, with +assurances of our continued friendship, to admonish the tribes to remain +quiet at home, taking no part in quarrels not belonging to them. As +far as we are yet informed, the tribes in our vicinity, who are most +advanced in the pursuits of industry, are sincerely disposed to adhere +to their friendship with us and to their peace with all others, while +those more remote do not present appearances sufficiently quiet to +justify the intermission of military precaution on our part. + +The great tribes on our southwestern quarter, much advanced beyond +the others in agriculture and household arts, appear tranquil and +identifying their views with ours in proportion to their advancement. +With the whole of these people, in every quarter, I shall continue to +inculcate peace and friendship with all their neighbors and perseverance +in those occupations and pursuits which will best promote their own +well-being. + +The appropriations of the last session for the defense of our seaport +towns and harbors were made under expectation that a continuance of +our peace would permit us to proceed in that work according to our +convenience. It has been thought better to apply the sums then given +toward the defense of New York, Charleston, and New Orleans chiefly, as +most open and most likely first to need protection, and to leave places +less immediately in danger to the provisions of the present session. + +The gunboats, too, already provided have on a like principle been +chiefly assigned to New York, New Orleans, and the Chesapeake. Whether +our movable force on the water, so material in aid of the defensive +works on the land, should be augmented in this or any other form is +left to the wisdom of the Legislature. For the purpose of manning +these vessels in sudden attacks on our harbors it is a matter for +consideration whether the seamen of the United States may not justly +be formed into a special militia, to be called on for tours of duty +in defense of the harbors where they shall happen to be, the ordinary +militia of the place furnishing that portion which may consist of +landsmen. + +The moment our peace was threatened I deemed it indispensable to secure +a greater provision of those articles of military stores with which our +magazines were not sufficiently furnished. To have awaited a previous +and special sanction by law would have lost occasions which might not +be retrieved. I did not hesitate, therefore, to authorize engagements +for such supplements to our existing stock as would render it adequate +to the emergencies threatening us, and I trust that the Legislature, +feeling the same anxiety for the safety of our country, so materially +advanced by this precaution, will approve, when done, what they would +have seen so important to be done if then assembled. Expenses, also +unprovided for, arose out of the necessity of calling all our gunboats +into actual service for the defense of our harbors; of all which +accounts will be laid before you. + +Whether a regular army is to be raised, and to what extent, must depend +on the information so shortly expected. In the meantime I have called +on the States for quotas of militia, to be in readiness for present +defense, and have, moreover, encouraged the acceptance of volunteers; +and I am happy to inform you that these have offered themselves with +great alacrity in every part of the Union. They are ordered to be +organized and ready at a moment's warning to proceed on any service to +which they may be called, and every preparation within the Executive +powers has been made to insure us the benefit of early exertions. + +I informed Congress at their last session of the enterprises against the +public peace which were believed to be in preparation by Aaron Burr and +his associates, of the measures taken to defeat them and to bring the +offenders to justice. Their enterprises were happily defeated by the +patriotic exertions of the militia whenever called into action, by the +fidelity of the Army, and energy of the commander in chief in promptly +arranging the difficulties presenting themselves on the Sabine, +repairing to meet those arising on the Mississippi, and dissipating +before their explosion plots engendering there. I shall think it my duty +to lay before you the proceedings and the evidence publicly exhibited on +the arraignment of the principal offenders before the circuit court of +Virginia. You will be enabled to judge whether the defect was in the +testimony, in the law, or in the administration of the law; and wherever +it shall be found, the Legislature alone can apply or originate the +remedy. The framers of our Constitution certainly supposed they had +guarded as well their Government against destruction by treason as their +citizens against oppression under pretense of it, and if these ends are +not attained it is of importance to inquire by what means more effectual +they may be secured. + +The accounts of the receipts of revenue during the year ending on the +30th day of September last being not yet made up, a correct statement +will be hereafter transmitted from the Treasury. In the meantime, it is +ascertained that the receipts have amounted to near $16,000,000, which, +with the five millions and a half in the Treasury at the beginning +of the year, have enabled us, after meeting the current demands and +interest incurred, to pay more than four millions of the principal of +our funded debt. These payments, with those of the preceding five and a +half years, have extinguished of the funded debt $25,500,000, being the +whole which could be paid or purchased within the limits of the law and +of our contracts, and have left us in the Treasury $8,500,000. A portion +of this sum may be considered as a commencement of accumulation of the +surpluses of revenue which, after paying the installments of debt as +they shall become payable, will remain without any specific object. It +may partly, indeed, be applied toward completing the defense of the +exposed points of our country, on such a scale as shall be adapted to +our principles and circumstances. This object is doubtless among the +first entitled to attention in such a state of our finances, and it is +one which, whether we have peace or war, will provide security where it +is due. Whether what shall remain of this, with the future surpluses, +may be usefully applied to purposes already authorized or more usefully +to others requiring new authorities, or how otherwise they shall be +disposed of, are questions calling for the notice of Congress, unless, +indeed, they shall be superseded by a change in our public relations now +awaiting the determination of others. Whatever be that determination, it +is a great consolation that it will become known at a moment when the +supreme council of the nation is assembled at its post, and ready to +give the aids of its wisdom and authority to whatever course the good +of our country shall then call us to pursue. + +Matters of minor importance will be the subjects of future +communications, and nothing shall be wanting on my part which may give +information or dispatch to the proceedings of the Legislature in the +exercise of their high duties, and at a moment so interesting to the +public welfare. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +NOVEMBER 11, 1807. + +_To the Senate of the United States_: + +Some time had elapsed after the receipt of the late treaty between +the United States and Tripoli before the circumstance drew particular +attention that, although by the third article the wife and children of +the ex-Bashaw were to be restored to him, this did not appear either +to have been done or demanded; still, it was constantly expected that +explanations on the subject would be received. None, however, having +arrived when Mr. Davis went as consul to Tripoli, he was instructed to +demand the execution of the article. He did so, but was answered by the +exhibition of a declaration, signed by our negotiator the day after the +signature of the treaty, allowing four years for the restoration of the +family. This declaration and the letter of Mr. Davis stating what passed +on the occasion are now communicated to the Senate. On the receipt of +this letter I caused the correspondence of Mr. Lear to be diligently +reexamined in order to ascertain whether there might have been a +communication of this paper made and overlooked or forgotten. None such, +however, is found. There appears only in a journalized account of the +transaction by Mr. Lear, under date of June 3, a passage intimating that +he should be disposed to give time rather than suffer the business to be +broken off and our countrymen left in slavery; and again, that on the +return of the person who passed between himself and the Bashaw, and +information that the Bashaw would require time for the delivery of the +family, he consented, and went ashore to consummate the treaty. This was +done the next day, and being forwarded to us as ultimately signed, and +found to contain no allowance of time nor any intimation that there was +any stipulation but what was in the public treaty, it was supposed that +the Bashaw had, in fine, abandoned the proposition, and the instructions +before mentioned were consequently given to Mr. Davis. + +An extract of so much of Mr. Lear's communication as relates to this +circumstance is now transmitted to the Senate, the whole of the papers +having been laid before them on a former occasion. How it has happened +that the declaration of June 5 has never before come to our knowledge +can not with certainty be said, but whether there has been a miscarriage +of it or a failure of the ordinary attention and correctness of that +officer in making his communications, I have thought it due to the +Senate as well as to myself to explain to them the circumstances +which have withheld from their knowledge, as they did from my own, +a modification which, had it been placed in the public treaty, would +have been relieved from the objections which candor and good faith can +not but feel in its present form. + +As the restoration of the family has probably been effected, a just +regard to the character of the United States will require that I make +to the Bashaw a candid statement of facts, and that the sacrifices of +his right to the peace and friendship of the two countries, by yielding +finally to the demand of Mr. Davis, be met by proper acknowledgments and +reparation on our part. + +TH. JEFFERSON. + + + +NOVEMBER 19, 1807. + +_To the House of Representatives of the United States_: + +According to the request expressed in your resolution of the 18th +instant, I now transmit a copy of my proclamation interdicting our +harbors and waters to British armed vessels and forbidding intercourse +with them, referred to in my message of the 27th of October last. + +TH. JEFFERSON. + + + +NOVEMBER 23, 1807. + +_To the Senate and House of Representatives of the United States_: + +Agreeably to the assurance given in my message at the opening of +the present session of Congress, I now lay before you a copy of the +proceedings and of the evidence exhibited on the arraignment of Aaron +Burr and others before the circuit court of the United States held in +Virginia in the course of the present year, in as authentic form as +their several parts have admitted. + +TH. JEFFERSON. + + + +NOVEMBER 23, 1807. + +_To the Senate of the United States_: + +Some circumstance, which can not now be ascertained, induced a belief +that an act had passed at the last session of Congress for establishing +a surveyor and inspector of revenue for the port of Stonington, in +Connecticut, and commissions were signed appointing Jonathan Palmer, +of Connecticut, to those offices. The error was discovered at the +Treasury, and the commissions were retained; but not having been +notified to me, I renewed the nomination in my message of the 9th +instant to the Senate. In order to correct the error, I have canceled +the temporary commissions, and now revoke the nomination which I made +of the said Jonathan Palmer to the Senate. + +TH. JEFFERSON. + + + +DECEMBER 2, 1807. + +_To the Senate of the United States_: + +In compliance with the request made in the resolution of the Senate +of November 30, I must inform them that when the prosecutions against +Aaron Burr and his associates were instituted I delivered to the +Attorney-General all the evidence on the subject, formal and informal, +which I had received, to be used by those employed in the prosecutions. +On the receipt of the resolution of the Senate I referred it to the +Attorney-General, with a request that he would enable me to comply with +it by putting into my hands such of the papers as might give information +relative to the conduct of John Smith, a Senator from the State of Ohio, +as an alleged associate of Aaron Burr, and having this moment received +from him the affidavit of Elias Glover, with an assurance that it is the +only paper in his possession which is within the term of the request of +the Senate, I now transmit it for their use. + +TH. JEFFERSON. + + + +DECEMBER 7, 1807. + +_To the Senate and House of Representatives of the United States_: + +Having recently received from our late minister plenipotentiary at +the Court of London a duplicate of dispatches, the original of which +has been sent by the _Revenge_ schooner, not yet arrived, I hasten +to lay them before both Houses of Congress. They contain the whole +of what has passed between the two Governments on the subject of +the outrage committed by the British ship _Leopard_ on the frigate +_Chesapeake_. Congress will learn from these papers the present +state of the discussion on that transaction, and that it is to be +transferred to this place by the mission of a special minister. + +While this information will have its proper effect on their +deliberations and proceedings respecting the relations between the two +countries, they will be sensible that, the negotiation being still +depending, it is proper for me to request that the communications may +be considered as confidential. + +TH. JEFFERSON. + + + +DECEMBER 18, 1807. + +_To the Senate and House of Representatives of the United States_: + +The communications now made, shewing the great and increasing dangers +with which our vessels, our seamen, and merchandise are threatened +on the high seas and elsewhere from the belligerent powers of Europe, +and it being of the greatest importance to keep in safety these +essential resources, I deem it my duty to recommend the subject to +the consideration of Congress, who will doubtless perceive all the +advantages which may be expected from an inhibition of the departure +of our vessels from the ports of the United States. + +Their wisdom will also see the necessity of making every preparation +for whatever events may grow out of the present crisis. + +TH. JEFFERSON. + + + +DECEMBER 30, 1807. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress the inclosed letters from Governor Hull, +respecting the Indians in the vicinity of Detroit residing within our +lines. They contain information of the state of things in that quarter +which will properly enter into their view in estimating the means to +be provided for the defense of our country generally. + +TH. JEFFERSON. + + + +JANUARY 8, 1808. + +_To the Senate and House of Representatives of the United States_: + +I now render to Congress the account of the fund established for +defraying the contingent expenses of Government for the year 1807. +Of the sum of $18,012.50, which remained unexpended at the close +of the year 1806, $8,731.11 have been placed in the hands of the +Attorney-General of the United States, to enable him to defray sundry +expenses incident to the prosecution of Aaron Burr and his accomplices +for treasons and misdemeanors alleged to have been committed by them, +and the unexpended balance of $9,275.39 is now carried according to +law to the credit of the surplus fund. + +TH. JEFFERSON. + + + +JANUARY 15, 1808. + +_To the Senate of the United States_: + +The posts of Detroit and Mackinac having been originally intended by the +Governments which established and held them as mere depots for commerce +with the Indians, very small cessions of land around them were obtained +or asked from the native proprietors, and these posts depended for +protection on the strength of their garrisons. The principles of our +Government leading us to the employment of such moderate garrisons in +time of peace as may merely take care of the post, and to a reliance on +the neighboring militia for its support in the first moments of war, +I have thought it would be important to obtain from the Indians such a +cession in the neighborhood of these posts as might maintain a militia +proportioned to this object; and I have particularly contemplated, with +this view, the acquisition of the eastern moiety of the peninsula +between lakes Michigan and Huron, comprehending the waters of the latter +and of Detroit River, so soon as it could be effected with the perfect +good will of the natives. Governor Hull was therefore appointed a +commissioner to treat with them on this subject, but was instructed to +confine his propositions for the present to so much of the tract before +described as lay south of Saguina Bay and round to the Connecticut +Reserve, so as to consolidate the new with the present settled country. +The result has been an acquisition of so much only of what would have +been acceptable as extends from the neighborhood of Saguina Bay to the +Miami of the Lakes, with a prospect of soon obtaining a breadth of 2 +miles for a communication from the Miami to the Connecticut Reserve. +The treaty for this purpose entered into with the Ottoways, Chippeways, +Wyandots, and Pottawattamies at Detroit on the 17th of November last is +now transmitted to the Senate, and I ask their advice and consent as to +its ratification. + +I communicate herewith such papers as bear any material relation to +the subject. + +TH. JEFFERSON. + + + +JANUARY 15, 1808. + +_To the Senate of the United States_: + +Although it is deemed very desirable that the United States should +obtain from the native proprietors the whole left bank of the +Mississippi to a certain breadth, yet to obliterate from the Indian +mind an impression deeply made in it that we are constantly forming +designs on their lands I have thought it best where urged by no +peculiar necessity to leave to themselves and to the pressure of +their own convenience only to come forward with offers of sale to +the United States. + +The Choctaws, being indebted to certain mercantile characters beyond +what could be discharged by the ordinary proceeds of their huntings, and +pressed for payment by those creditors, proposed at length to the United +States to cede lands to the amount of their debts, and designated them +in two different portions of their country. These designations not at +all suiting us, their proposals were declined for that reason, and with +an intimation that if their own convenience should ever dispose them to +cede their lands on the Mississippi we should be willing to purchase. +Still urged by their creditors, as well as by their own desire to be +liberated from debt, they at length proposed to make a cession which +should be to our convenience. James Robertson, of Tennessee, and Silas +Dinsmore were thereupon appointed commissioners to treat with them on +that subject, with instructions to purchase only on the Mississippi. On +meeting their chiefs, however, it was found that such was the attachment +of the nation to their lands on the Mississippi that their chiefs could +not undertake to cede them; but they offered all their lands south of +a line to be run from their and our boundary at the Omochita eastwardly +to their boundary with the Creeks, on the ridge between the Tombigbee +and Alabama, which would unite our possessions there from Natchez +to Tombigbee. A treaty to this effect was accordingly signed at +Pooshapekanuk on the 16th of November, 1805; but this being against +express instructions, and not according with the object then in view, +I was disinclined to its ratification, and therefore did not at the last +session of Congress lay it before the Senate for their advice, but have +suffered it to lie unacted on. + +Progressive difficulties, however, in our foreign relations have brought +into view considerations other than those which then prevailed. It is +now, perhaps, become as interesting to obtain footing for a strong +settlement of militia along our southern frontier eastward of the +Mississippi as on the west of that river, and more so than higher up +the river itself. The consolidation of the Mississippi Territory and +the establishing a barrier of separation between the Indians and our +Southern neighbors are also important objects. The cession is supposed +to contain about 5,000,000 acres, of which the greater part is said to +be fit for cultivation, and no inconsiderable proportion of the first +quality, on the various waters it includes; and the Choctaws and their +creditors are still anxious for the sale. + +I therefore now transmit the treaty for the consideration of the Senate, +and I ask their advice and consent as to its ratification. I communicate +at the same time such papers as bear any material relation to the +subject, together with a map on which is sketched the northern limit of +the cession, rather to give a general idea than with any pretension to +exactness, which our present knowledge of the country would not warrant. + +TH. JEFFERSON. + + + +JANUARY 20, 1808. + +_To the House of Representatives of the United States_: + +Some days previous to your resolutions of the 13th instant a court of +inquiry had been instituted at the request of General Wilkinson, charged +to make the inquiry into his conduct which the first resolution desires, +and had commenced their proceedings. To the judge-advocate of that court +the papers and information on that subject transmitted to me by the +House of Representatives have been delivered, to be used according to +the rules and powers of that court. + +The request of a communication of any information which may have been +received at any time since the establishment of the present Government +touching combinations with foreign agents for dismembering the Union +or the corrupt receipt of money by any officer of the United States +from the agents of foreign governments can be complied with but in a +partial degree. + +It is well understood that in the first or second year of the Presidency +of General Washington information was given to him relating to +certain combinations with the agents of a foreign government for the +dismemberment of the Union, which combinations had taken place before +the establishment of the present Federal Government. This information, +however, is believed never to have been deposited in any public office, +or left in that of the President's secretary, these having been duly +examined, but to have been considered as personally confidential, and +therefore retained among his private papers. A communication from the +governor of Virginia to President Washington is found in the office +of the President's secretary, which, although not strictly within the +terms of the request of the House of Representatives, is communicated, +inasmuch as it may throw some light on the subjects of the +correspondence of that time between certain foreign agents and citizens +of the United States. + +In the first or second year of the Administration of President Adams +Andrew Ellicott, then employed in designating, in conjunction with the +Spanish authorities, the boundaries between the territories of the +United States and Spain, under the treaty with that nation, communicated +to the Executive of the United States papers and information respecting +the subjects of the present inquiry, which were deposited in the +Office of State. Copies of these are now transmitted to the House of +Representatives, except of a single letter and a reference from the +said Andrew Ellicott, which, being expressly desired to be kept secret, +is therefore not communicated, but its contents can be obtained from +himself in a more legal form, and directions have been given to summon +him to appear as a witness before the court of inquiry. + +A paper on "The Commerce of Louisiana," bearing date the 18th of +April, 1798, is found in the Office of State, supposed to have been +communicated by Mr. Daniel Clark, of New Orleans, then a subject of +Spain, and now of the House of Representatives of the United States, +stating certain commercial transactions of General Wilkinson in New +Orleans. An extract from this is now communicated, because it contains +facts which may have some bearing on the questions relating to him. + +The destruction of the War Office by fire in the close of 1800 involved +all information it contained at that date. + +The papers already described therefore constitute the whole of the +information on the subjects deposited in the public offices during the +preceding Administrations, as far as has yet been found; but it can +not be affirmed that there may be no other, because, the papers of the +office being filed for the most part alphabetically, unless aided by the +suggestion of any particular name which may have given such information, +nothing short of a careful examination of the papers in the offices +generally could authorize such an affirmation. + +About a twelvemonth after I came to the administration of the Government +Mr. Clark gave some verbal information to myself, as well as to the +Secretary of State, relating to the same combinations for the +dismemberment of the Union. He was listened to freely, and he then +delivered the letter of Governor Gayoso, addressed to himself, of which +a copy is now communicated. After his return to New Orleans he forwarded +to the Secretary of State other papers, with a request that after +perusal they should be burnt. This, however, was not done, and he was so +informed by the Secretary of State, and that they would be held subject +to his orders. These papers have not yet been found in the office. +A letter, therefore, has been addressed to the former chief clerk, who +may perhaps give information respecting them. As far as our memories +enable us to say, they related only to the combinations before spoken +of, and not at all to the corrupt receipt of money by any officer of +the United States; consequently they respected what was considered as +a dead matter, known to the preceding Administrations, and offering +nothing new to call for investigations, which those nearest the dates +of the transactions had not thought proper to institute. + +In the course of the communications made to me on the subject of the +conspiracy of Aaron Burr I sometimes received letters, some of them +anonymous, some under names true or false, expressing suspicions and +insinuations against General Wilkinson; but one only of them, and that +anonymous, specified any particular fact, and that fact was one of those +which had been already communicated to a former Administration. + +No other information within the purview of the request of the House is +known to have been received by any department of the Government from the +establishment of the present Federal Government. That which has been +recently communicated to the House of Representatives, and by them +to me, is the first direct testimony ever made known to me charging +General Wilkinson with the corrupt receipt of money, and the House of +Representatives may be assured that the duties which this information +devolves on me shall be exercised with rigorous impartiality. Should any +want of power in the court to compel the rendering of testimony obstruct +that full and impartial inquiry which alone can establish guilt or +innocence and satisfy justice, the legislative authority only will be +competent to the remedy. + +TH. JEFFERSON. + + + +JANUARY 30, 1808. + +_To the Senate and House of Representatives of the United States_: + +The Choctaws, being indebted to their merchants beyond what could be +discharged by the ordinary proceeds of their buntings, and pressed for +payment, proposed to the United States to cede lands to the amount of +their debts, and designated them in two different portions of their +country. These designations, not at all suiting us, were declined. Still +urged by their creditors, as well as by their own desire to be liberated +from debt, they at length proposed to make a cession which should be to +our convenience. By a treaty signed at Pooshapuckanuck on the 16th of +November, 1805, they accordingly ceded all their lands south of a line +to be run from their and our boundary at the Omochita eastwardly to +their boundary with the Creeks, on the ridge between the Tombigbee and +Alabama, as is more particularly described in the treaty, containing +about 5,000,000 acres, as is supposed, and uniting our possessions there +from Adams to Washington County. + +The location contemplated in the instructions to the commissioners was +on the Mississippi. That in the treaty being entirely different, I was +at that time disinclined to its ratification, and I have suffered it to +lie unacted on. But progressive difficulties in our foreign relations +have brought into view considerations other than those which then +prevailed. It is now, perhaps, as interesting to obtain footing for a +strong settlement of militia along our southern frontier eastward of the +Mississippi as on the west of that river, and more so than higher up the +river itself. The consolidation of the Mississippi Territory and the +establishment of a barrier of separation between the Indians and our +Southern neighbors are also important objects; and the Choctaws and +their creditors being still anxious that the sale should be made, I +submitted the treaty to the Senate, who have advised and consented to +its ratification. I therefore now lay it before both Houses of Congress +for the exercise of their constitutional powers as to the means of +fulfilling it. + +TH. JEFFERSON. + + + +JANUARY 30, 1808. + +_To the House of Representatives of the United States_: + +The posts of Detroit and Mackinac having been originally intended by the +Governments which established and held them as mere depots for commerce +with the Indians, very small cessions of land around them were obtained +or asked from the native proprietors, and these posts depended for +protection on the strength of their garrisons. The principles of our +Government leading us to the employment of such moderate garrisons in +time of peace as may merely take care of the post, and to a reliance on +the neighboring militia for its support in the first moments of war, +I have thought it would be important to obtain from the Indians such a +cession in the neighborhood of these posts as might maintain a militia +proportioned to this object; and I have particularly contemplated, +with this view, the acquisition of the eastern moiety of the peninsula +between the lakes Michigan, Huron, and Erie, extending it to the +Connecticut Reserve so soon as it could be effected with the perfect +good will of the natives. + +By a treaty concluded at Detroit on the 17th of November last with the +Ottoways, Chippeways, Wyandots, and Pattawatimas so much of this country +has been obtained as extends from about Saguina Bay southwardly to the +Miami of the Lakes, supposed to contain upward of 5,000,000 acres, with +a prospect of obtaining for the present a breadth of 2 miles for a +communication from the Miami to the Connecticut Reserve. + +The Senate having advised and consented to the ratification of this +treaty, I now lay it before both Houses of Congress for the exercise +of their constitutional powers as to the means of fulfilling it. + +TH. JEFFERSON. + + + +FEBRUARY 2, 1808. + +_To the Senate and House of Representatives of the United States_: + +Having received an official communication of certain orders of the +British Government against the maritime rights of neutrals, bearing date +the 11th of November, 1807, I transmit them to Congress, as a further +proof of the increasing dangers to our navigation and commerce, which +led to the provident measure of the act of the present session laying an +embargo on our own vessels, + +TH. JEFFERSON. + + + +FEBRUARY 4, 1808. + +_To the House of Representatives of the United States_: + +In my message of January 20 I stated that some papers forwarded by Mr. +Daniel Clark, of New Orleans, to the Secretary of State in 1803 had not +then been found in the Office of State, and that a letter had been +addressed to the former chief clerk, in the hope that he might advise +where they should be sought for. By indications received from him they +are now found. Among them are two letters from the Baron de Carondelet +to an officer serving under him at a separate post, in which his views +of a dismemberment of our Union are expressed. Extracts of so much of +these letters as are within the scope of the resolution of the House are +now communicated. With these were found the letters written by Mr. Clark +to the Secretary of State in 1803. A part of one only of these relates +to this subject, and is extracted and inclosed for the information of +the House. In no part of the papers communicated by Mr. Clark, which are +voluminous and in different languages, nor in his letters, have we found +any intimation of the corrupt receipt of money by any officer of the +United States from any foreign agent. As to the combinations with +foreign agents for dismembering the Union, these papers and letters +offer nothing which was not probably known to my predecessors, or which +could call anew for inquiries, which they had not thought necessary to +institute, when the facts were recent and could be better proved. They +probably believed it best to let pass into oblivion transactions which, +however culpable, had commenced before this Government existed, and had +been finally extinguished by the treaty of 1795. + +TH. JEFFERSON. + + + +FEBRUARY 9, 1808. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress, for their information, a letter from the +person acting in the absence of our consul at Naples, giving reason +to believe, on the affidavit of a Captain Sheffield, of the American +schooner _Mary Ann_, that the Dey of Algiers has commenced war +against the United States. For this no just cause has been given on +our part within my knowledge. We may daily expect more authentic and +particular information on the subject from Mr. Lear, who was residing +as our consul at Algiers. + +TH. JEFFERSON. + + + +FEBRUARY 15, 1808. + +_To the Senate and House of Representatives of the United States_: + +I communicate for the information of Congress a letter from the consul +of the United States at Malaga to the Secretary of State, covering one +from Mr. Lear, our consul at Algiers, which gives information that the +rupture threatened on the part of the Dey of Algiers has been amicably +settled, and the vessels seized by him are liberated. + +TH. JEFFERSON. + + + +FEBRUARY 19, 1808. + +_To the Senate and House of Representatives of the United States_: + +The States of Pennsylvania, Maryland, and Virginia having by their +several acts consented that the road from Cumberland to the State of +Ohio, authorized by the act of Congress of the 29th of March, 1806, +should pass through those States, and the report of the commissioners, +communicated to Congress with my message of the 31st January, 1807, +having been duly considered, I have approved of the route therein +proposed for the said road as far as Brownsville, with a single +deviation, since located, which carries it through Uniontown. + +From thence the course to the Ohio and the point within the legal limits +at which it shall strike that river is still to be decided. In forming +this decision I shall pay material regard to the interests and wishes of +the populous parts of the State of Ohio and to a future and convenient +connection with the road which is to lead from the Indian boundary near +Cincinnati by Vincennes to the Mississippi at St. Louis, under authority +of the act of the 21st April, 1806. In this way we may accomplish a +continued and advantageous line of communication from the seat of the +General Government to St. Louis, passing through several very +interesting points of the Western country. + +I have thought it advisable also to secure from obliteration the trace +of the road so far as it has been approved, which has been executed at +such considerable expense, by opening one-half of its breadth through +its whole length. + +The report of the commissioners, herewith transmitted, will give +particular information of their proceedings under the act of the 29th +March, 1806, since the date of my message of the 31st January, 1807, and +will enable Congress to adopt such further measures relative thereto as +they may deem proper under existing circumstances. + +TH. JEFFERSON. + + + +FEBRUARY 25, 1808. + +_To the Senate and House of Representatives of the United States_: + +The dangers to our country arising from the contests of other nations +and the urgency of making preparation for whatever events might affect +our relations with them have been intimated in preceding messages to +Congress. To secure ourselves by due precautions an augmentation of our +military force, as well regular as of volunteer militia, seems to be +expedient. The precise extent of that augmentation can not as yet be +satisfactorily suggested, but that no time may be lost, and especially +at a season deemed favorable to the object, I submit to the wisdom of +the Legislature whether they will authorize a commencement of this +precautionary work by a present provision for raising and organizing +some additional force, reserving to themselves to decide its ultimate +extent on such views of our situation as I may be enabled to present +at a future day of the session. + +If an increase of force be now approved, I submit to their consideration +the outlines of a plan proposed in the inclosed letter from the +Secretary of War. + +I recommend also to the attention of Congress the term at which the act +of April 18, 1806, concerning the militia, will expire, and the effect +of that expiration. + +TH. JEFFERSON. + + + +FEBRUARY 26, 1808. + +_To the Senate and House of Representatives of the United States_: + +I inclose, for the information of Congress, letters recently received +from our ministers at Paris and London, communicating their +representations against the late decrees and orders of France and Great +Britain, heretofore transmitted to Congress. These documents will +contribute to the information of Congress as to the dispositions of +those powers and the probable course of their proceedings toward +neutrals, and will doubtless have their due influence in adopting +the measures of the Legislature to the actual crisis. + +Although nothing forbids the general matter of these letters from being +spoken of without reserve, yet as the publication of papers of this +description would restrain injuriously the freedom of our foreign +correspondence, they are communicated so far confidentially and with +a request that after being read to the satisfaction of both Houses +they may be returned. + +TH. JEFFERSON. + + + +MARCH 1, 1808. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of February 26, I +now lay before them such memorials and petitions for the district of +Detroit, and such other information as is in my possession, in relation +to the conduct of William Hull, governor of the Territory of Michigan, +and Stanley Griswold, esq., while acting as secretary of that Territory. + +TH. JEFFERSON. + + + +MARCH 2, 1808. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of November 30, 1807, +I now transmit a report of the Secretary of State on the subject of +impressments, as requested in that resolution. The great volume of the +documents and the time necessary for the investigation will explain to +the Senate the causes of the delay which has intervened. + +TH. JEFFERSON. + + + +MARCH 7, 1808. + +_To the Senate and House of Representatives of the United States_: + +In the city of New Orleans and adjacent to it are sundry parcels of +ground, some of them with buildings and other improvements on them, +which it is my duty to present to the attention of the Legislature. +The title to these grounds appears to have been retained in the former +sovereigns of the Province of Louisiana as public fiduciaries and for +the purposes of the Province. Some of them were used for the residence +of the governor, for public offices, hospitals, barracks, magazines, +fortifications, levees, etc., others for the townhouse, schools, +markets, landings, and other purposes of the city of New Orleans; some +were held by religious corporations or persons, others seem to have +been reserved for future disposition. To these must be added a parcel +called the Batture, which requires more particular description. It is +understood to have been a shoal or elevation of the bottom of the river +adjacent to the bank of the suburbs of St. Mary, produced by the +successive depositions of mud during the annual inundations of the +river, and covered with water only during those inundations. At all +other seasons it has been used by the city immemorially to furnish +earth for raising their streets and courtyards, for mortar, and other +necessary purposes, and as a landing or quay for unlading firewood, +lumber, and other articles brought by water. This having been lately +claimed, by a private individual, the city opposed the claim on a +supposed legal title in itself; but it has been adjudged that the legal +title was not in the city. It is, however, alleged that that title, +originally in the former sovereigns, was never parted with by them, +but was retained in them for the uses of the city and Province, and +consequently has now passed over to the United States. Until this +question can be decided under legislative authority, measures have been +taken according to law to prevent any change in the state of things and +to keep the grounds clear of intruders. The settlement of this title, +the appropriation of the grounds and improvements formerly occupied for +provincial purposes to the same or such other objects as may be better +suited to present circumstances, the confirmation of the uses in other +parcels to such bodies, corporate or private, as may of right or on +other reasonable considerations expect them, are matters now submitted +to the determination of the legislature. + +The papers and plans now transmitted will give them such information on +the subject as I possess, and being mostly originals, I must request +that they may be communicated from the one to the other House, to answer +the purposes of both. + +TH. JEFFERSON. + + + +MARCH 10, 1808. + +_To the Senate of the United States_: + +A purchase having lately been made from the Cherokee Indians of a +tract of land 6 miles square at the mouth of the Chickamogga, on the +Tennessee, I now lay the treaty and papers relating to it before the +Senate, with an explanation of the views which have led to it. + +It was represented that there was within that tract a great abundance of +iron ore of excellent quality, with a stream and fall of water suitable +for iron works; that the Cherokees were anxious to have works +established there, in the hope of having a better supply of those +implements of household and agriculture of which they have learned the +use and necessity, but on the condition that they should be under the +authority and control of the United States. + +As such an establishment would occasion a considerable and certain +demand for corn and other provisions and necessaries, it seemed +probable that it would immediately draw around it a close settlement +of the Cherokees, would encourage them to enter on a regular life of +agriculture, familiarize them with the practice and value of the arts, +attach them to property, lead them of necessity and without delay to +the establishment of laws and government, and thus make a great and +important advance toward assimilating their condition to ours. At the +same time it offers considerable accommodation to the Government by +enabling it to obtain more conveniently than it now can the necessary +supplies of cast and wrought iron for all the Indians south of the +Tennessee, and for those also to whom St. Louis is a convenient deposit, +and will benefit such of our own citizens likewise as shall be within +its reach. Under these views the purchase has been made, with the +consent and desire of the great body of the nation, although not without +some dissenting members, as must be the case will all collections of +men. But it is represented that the dissentients are few, and under +the influence of one or two interested individuals. It is by no means +proposed that these works should be conducted on account of the United +States. It is understood that there are private individuals ready +to erect them, subject to such reasonable rent as may secure a +reimbursement to the United States, and to such other conditions as +shall secure to the Indians their rights and tranquillity. + +The instrument is now submitted to the Senate, with a request of their +advice and consent as to its ratification. + +TH. JEFFERSON. + + + +MARCH 17, 1808. + +_To the Senate and House of Representatives of the United States_: + +I have heretofore communicated to Congress the decrees of the Government +of France of November 21, 1806, and of Spain of February 19, 1807, with +the orders of the British Government of January and November, 1807. + +I now transmit a decree of the Emperor of France of December 17,1807, +and a similar decree of the 3d of January last by His Catholic Majesty. +Although the decree of France has not been received by official +communication, yet the different channels of promulgation through which +the public are possessed of it, with the formal testimony furnished by +the Government of Spain in their decree, leave us without a doubt that +such a one has been issued. These decrees and orders, taken together, +want little of amounting to a declaration that every neutral vessel +found on the high seas, whatsoever be her cargo and whatsoever foreign +port be that of her departure or destination, shall be deemed lawful +prize; and they prove more and more the expediency of retaining our +vessels, our seamen, and property within our own harbors until the +dangers to which they are exposed can be removed or lessened. + +TH. JEFFERSON. + + + +MARCH 18, 1808. + +_To the Senate and House of Representatives of the United States_: + +The scale on which the Military Academy at West Point was +originally established is become too limited to furnish the number +of well-instructed subjects in the different branches of artillery +and engineering which the public service calls for. The want of such +characters is already sensibly felt, and will be increased with the +enlargement of our plans of military preparation. The chief engineer, +having been instructed to consider the subject and to propose an +augmentation which might render the establishment commensurate with +the present circumstances of our country, has made the report which +I now transmit for the consideration of Congress. + +The idea suggested by him of removing the institution to this place is +also worthy of attention. Besides the advantage of placing it under the +immediate eye of the Government, it may render its benefits common to +the Naval Department, and will furnish opportunities of selecting on +better information the characters most qualified to fulfill the duties +which the public service may call for. + +TH. JEFFERSON. + + + +MARCH 22, 1808. + +_To the Senate and House of Representatives of the United States_: + +At the opening of the present session I informed the Legislature that +the measures which had been taken with the Government of Great Britain +for the settlement of our neutral and national rights and of the +conditions of commercial intercourse with that nation had resulted in +articles of a treaty which could not be acceded to on our part; that +instructions had been consequently sent to our ministers there to resume +the negotiations, and to endeavor to obtain certain alterations, +and that this was interrupted by the transaction which took place +betweenthe frigates _Leopard_ and _Chesapeake_. The call on that +Government for reparation of this wrong produced, as Congress has been +already informed, the mission of a special minister to this country, +and the occasion is now arrived when the public interest permits and +requires that the whole of these proceedings should be made known to +you. + +I therefore now communicate the instructions given to our minister +resident at London and his communications with that Government on +the subject of the _Chesapeake_, with the correspondence which has +taken place here between the Secretary of State and Mr. Rose, the +special minister charged with the adjustment of that difference; the +instructions to our ministers for the formation of a treaty; their +correspondence with the British commissioners and with their own +Government on that subject; the treaty itself and written declaration of +the British commissioners accompanying it, and the instructions given by +us for resuming the negotiation, with the proceedings and correspondence +subsequent thereto. To these I have added a letter lately addressed to +the Secretary of State from one of our late ministers, which, though +not strictly written in an official character, I think it my duty to +communicate, in order that his views of the proposed treaty and of its +several articles may be fairly presented and understood. + +Although I have heretofore and from time to time made such +communications to Congress as to keep them possessed of a general and +just view of the proceedings and dispositions of the Government of +France toward this country, yet in our present critical situation, when +we find that no conduct on our part, however impartial and friendly, has +been sufficient to insure from either belligerent a just respect for our +rights, I am desirous that nothing shall be omitted on my part which may +add to your information on this subject or contribute to the correctness +of the views which should be formed. The papers which for these reasons +I now lay before you embrace all the communications, official or verbal, +from the French Government respecting the general relations between the +two countries which have been transmitted through our minister there, +or through any other accredited channel, since the last session of +Congress, to which time all information of the same kind had from +time to time been given them. Some of these papers have already been +submitted to Congress, but it is thought better to offer them again in +order that the chain of communications of which they make a part may be +presented unbroken. + +When, on the 26th of February, I communicated to both Houses the letter +of General Armstrong to M. Champagny, I desired it might not be +published because of the tendency of that practice to restrain +injuriously the freedom of our foreign correspondence. But perceiving +that this caution, proceeding purely from a regard to the public good, +has furnished occasion for disseminating unfounded suspicions and +insinuations, I am induced to believe that the good which will now +result from its publication, by confirming the confidence and union of +our fellow-citizens, will more than countervail the ordinary objection +to such publications. It is my wish, therefore, that it may be now +published. + +TH. JEFFERSON. + + + +MARCH 22, 1808. + +_To the Senate and House of Representatives of the United States_: + +In a separate message of this date I have communicated to Congress +so much as may be made public of papers which give a full view of +the present state of our relations with the two contending powers, +France and England. Everyone must be sensible that in the details of +instructions for negotiating a treaty and in the correspondence and +conferences respecting it matters will occur which interest sometimes +and sometimes respect or other proper motives forbid to be made public. +To reconcile my duty in this particular with my desire of letting +Congress know everything which can give them a full understanding of the +subjects on which they are to act, I have suppressed in the documents +of the other message the parts which ought not to be made public and +have given them in the supplementary and confidential papers herewith +inclosed, with such references as that they may be read in their +original places as if still standing in them; and when these +confidential papers shall have been read to the satisfaction of the +House, I request their return, and that their contents may not be made +public. + +TH. JEFFERSON. + + + +MARCH 25, 1808. + +_To the Senate and House of Representatives of the United States_: + +In proceeding to carry into execution the act for fortifying our forts +and harbors it is found that the sites most advantageous for their +defense, and sometimes the only sites competent to that defense, are in +some cases the property of minors incapable of giving a valid consent to +their alienation; in others belong to persons who may refuse altogether +to alienate, or demand a compensation far beyond the liberal justice +allowable in such cases. From these causes the defense of our seaboard, +so necessary to be pressed during the present season, will in various +parts be defeated unless a remedy can be applied. With a view to this +I submit the case to the consideration of Congress, who, estimating its +importance and reviewing the powers vested in them by the Constitution, +combined with the amendment providing that private property shall not +be taken for public use without just compensation, will decide on the +course most proper to be pursued. + +I am aware that as the consent of the legislature of the State to the +purchase of the site may not in some instances have been previously +obtained, exclusive legislation can not be exercised therein by Congress +until that consent is given. But in the meantime it will be held under +the same laws which protect the property of individuals and other +property of the United States in the same State, and the legislatures +at their next meetings will have opportunities of doing what will be +so evidently called for by the particular interest of their own State. + +TH. JEFFERSON. + + + +MARCH 25, 1808. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the militia of the United +States according to the latest returns received by the Department of +War. From the State of Delaware alone no return has been made. + +TH. JEFFERSON. + + + +MARCH 25, 1808. + +_To the Senate and House of Representatives of the United States_: + +I transmit to both Houses of Congress a report from the surveyor on the +public buildings of the progress made on them during the last session, +of their present state, and of that of the funds appropriated to them. +These have been much exceeded by the cost of the work done, a fact not +known to me till the close of the season. The circumstances from which +it arose are stated in the report of the surveyor. + +TH. JEFFERSON. + + + +MARCH 29, 1808. + +_To the Senate of the United States_: + +When the convention of the 7th of January, 1806, was entered into with +the Cherokees for the purchase of certain lands, it was believed +by both parties that the eastern limit, when run in the direction +therein prescribed, would have included all the waters of Elk River. +On proceeding to run that line, however, it was found to omit a +considerable extent of those waters, on which were already settled +about 200 families. The Cherokees readily consented, for a moderate +compensation, that the line should be so run as to include all the +waters of that river. Our commissioners accordingly entered into an +explanatory convention for that purpose, which I now lay before the +Senate for consideration whether they will advise and consent to its +ratification. A letter from one of the commissioners, now also inclosed, +will more fully explain the circumstances which led to it. + +Lieutenant Pike on his journey up the Mississippi in 1805-6, being at +the village of the Sioux, between the rivers St. Croix and St. Peters, +conceived that the position was favorable for a military and commercial +post for the United States whenever it should be thought expedient to +advance in that quarter. He therefore proposed to the chiefs a cession +of lands for that purpose. Their desire of entering into connection +with the United States and of getting a trading house established there +induced a ready consent to the proposition, and they made, by articles +of agreement now inclosed, a voluntary donation to the United States of +two portions of land, the one of 9 miles square at the mouth of the St. +Croix, the other from below the mouth of St. Peters up the Mississippi +to St. Anthonys Falls, extending 9 miles in width on each side of the +Mississippi. These portions of land are designated on the map now +inclosed. Lieutenant Pike on his part made presents to the Indians to +some amount. This convention, though dated the 23d of September, 1805, +is but lately received, and although we have no immediate view of +establishing a trading post at that place, I submit it to the Senate for +the sanction of their advice and consent to its ratification, in order +to give to our title a full validity on the part of the United States, +whenever it may be wanting, for the special purpose which constituted +in the mind of the donors the sole consideration and inducement to the +cession. + +TH. JEFFERSON. + + + +MARCH 30, 1808, + +_To the Senate and House of Representatives of the United States_: + +Since my message of the 22d instant letters have been received from our +ministers at Paris and London, extracts from which, with a letter to +General Armstrong from the French minister of foreign relations, and a +letter from the British envoy residing here to the Secretary of State, +I now communicate to Congress. They add to the materials for estimating +the dispositions of those Governments toward this country. + +The proceedings of both indicate designs of drawing us, if possible, +into the vortex of their contests; but every new information confirms +the prudence of guarding against these designs as it does of adhering +to the precautionary system hitherto contemplated. + +TH. JEFFERSON. + + + +APRIL 2, 1808. + +_To the Senate and House of Representatives of the United States_: + +Believing that the confidence and union of our fellow-citizens at the +present crisis will be still further confirmed by the publication of the +letter of Mr. Champagny to General Armstrong and that of Mr. Erskine to +the Secretary of State, communicated with my message of the 30th ultimo, +and therefore that it may be useful to except them from the confidential +character of the other documents accompanying that message, I leave to +the consideration of Congress the expediency of making them public. + +TH. JEFFERSON. + + + +APRIL 8, 1808. + +_To the Senate of the United States_: + +Agreeably to the request of the Senate in their resolution of yesterday, +I have examined my papers and find no letter from Matthew Nimmo of +the date of November 28, 1806, nor any other from him of any date but +that of January 23, 1807, now transmitted, with all the papers in my +possession which accompanied it. Nor do I find any letter from John +Smith, of Ohio, bearing date at any time in the month of January, 1807. + +Having delivered to the Attorney-General all the papers respecting the +conspiracy of Aaron Burr which came to my hands during or before his +prosecution, I might suppose the letters above requested had been +delivered to him; but I must add my belief that I never received such +letters, and the ground of it. I am in the habit of noting daily in the +list kept for that purpose the letters I receive daily by the names of +the writers, and dates of time, and place, and this has been done with +such exactness that I do not recollect ever to have detected a single +omission. I have carefully examined that list from the 1st of November, +1806, to the last of June, 1807, and I find no note within that +period of the receipt of any letter from Matthew Nimmo but that now +transmitted, nor of any one of the date of January, 1807, from John +Smith, of Ohio. The letters noted as received from him within that +period are dated at Washington, February 2, 2, 7, and 21, which I have +examined, and find relating to subjects entirely foreign to the objects +of the resolution of the 7th instant; and others, dated at Cincinnati, +March 27, April 6, 13, and 17, which, not being now in my possession, +I presume have related to Burr's conspiracy, and have been delivered to +the Attorney-General. I recollect nothing of their particular contents. +I must repeat, therefore, my firm belief that the letters of Nimmo of +November 28, 1806, and of John Smith of January, 1807, never came to +my hands, and that if such were written (and Nimmo's letter expressly +mentions his of November 28), they have been intercepted or otherwise +miscarried. + +TH. JEFFERSON. + + + +APRIL 22, 1808. + +_To the Senate and House of Representatives of the United States_: + +I transmit to both Houses of Congress a letter from the envoy of His +Britannic Majesty at this place to the Secretary of State on the subject +of certain British claims to lands in the Territory of Mississippi, +relative to which several acts have been heretofore passed by the +Legislature. + +TH. JEFFERSON. + + + + +PROCLAMATION. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas information has been received that sundry persons are combined +or combining and confederating together on Lake Champlain and the +country thereto adjacent for the purposes of forming insurrections +against the authority of the laws of the United States, for opposing the +same and obstructing their execution, and that such combinations are too +powerful to be suppressed by the ordinary course of judicial proceedings +or by the powers vested in the marshals by the laws of the United +States: + +Now, therefore, to the end that the authority of the laws may be +maintained, and that those concerned, directly or indirectly, in any +insurrection or combination against the same may be duly warned, I have +issued this my proclamation, hereby commanding such insurgents and all +concerned in such combination instantly and without delay to disperse +and retire peaceably to their respective abodes. And I do hereby further +require and command all officers having authority, civil or military, +and all other persons, civil or military, who shall be found within +the vicinage of such insurrections or combinations to be aiding +and assisting by all the means in their power, by force of arms or +otherwise, to quell and subdue such insurrections or combinations, +to seize upon all those therein concerned who shall not instantly and +without delay disperse and retire to their respective abodes, and to +deliver them over to the civil authority of the place, to be proceeded +against according to law. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to +be affixed to these presents, and signed the same with my hand. + +Given at the city of Washington, the 19th day of April, 1808, and in +the year of the Sovereignty and Independence of the United States the +thirty-second. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + + +EIGHTH ANNUAL MESSAGE. + + +NOVEMBER 8, 1808. + +_To the Senate and House of Representatives of the United States_: + +It would have been a source, fellow-citizens, of much gratification if +our last communications from Europe had enabled me to inform you that +the belligerent nations, whose disregard of neutral rights has been so +destructive to our commerce, had become awakened to the duty and true +policy of revoking their unrighteous edicts. That no means might be +omitted to produce this salutary effect, I lost no time in availing +myself of the act authorizing a suspension, in whole or in part, of the +several embargo laws. Our ministers at London and Paris were instructed +to explain to the respective Governments there our disposition to +exercise the authority in such manner as would withdraw the pretext on +of which the aggressions were originally founded and open the way for +a renewal of that commercial intercourse which it was alleged on all +sides had been reluctantly obstructed. As each of those Governments had +pledged its readiness to concur in renouncing a measure which reached +its adversary through the incontestable rights of neutrals only, and as +the measure had been assumed by each as a retaliation for an asserted +acquiescence in the aggressions of the other, it was reasonably expected +that the occasion would have been seized by both for evincing the +sincerity of their professions, and for restoring to the commerce of the +United States its legitimate freedom. The instructions to our ministers +with respect to the different belligerents were necessarily modified +with a reference to their different circumstances, and to the condition +annexed by law to the Executive power of suspension, requiring a decree +of security to our commerce which would not result from a repeal of the +decrees of France. Instead of a pledge, therefore, of a suspension of +the embargo as to her in case of such a repeal, it was presumed that +a sufficient inducement might be found in other considerations, and +particularly in the change produced by a compliance with our just +demands by one belligerent and a refusal by the other in the relations +between the other and the United States. To Great Britain, whose power +on the ocean is so ascendant, it was deemed not inconsistent with that +condition to state explicitly that on her rescinding her orders in +relation to the United States their trade would be opened with her, and +remain shut to her enemy in case of his failure to rescind his decrees +also. From France no answer has been received, nor any indication that +the requisite change in her decrees is contemplated. The favorable +reception of the proposition to Great Britain was the less to be +doubted, as her orders of council had not only been referred for +their vindication to an acquiescence on the part of the United States +no longer to be pretended, but as the arrangement proposed, whilst +it resisted the illegal decrees of France, involved, moreover, +substantially the precise advantages professedly aimed at by the +British orders. The arrangement has nevertheless been rejected. + +This candid and liberal experiment having thus failed, and no other +event having occurred on which a suspension of the embargo by the +Executive was authorized, it necessarily remains in the extent +originally given to it. We have the satisfaction, however, to reflect +that in return for the privations imposed by the measure, and which +our fellow-citizens in general have borne with patriotism, it has had +the important effects of saving our mariners and our vast mercantile +property, as well as of affording time for prosecuting the defensive and +provisional measures called for by the occasion. It has demonstrated to +foreign nations the moderation and firmness which govern our councils, +and to our citizens the necessity of uniting in support of the laws +and the rights of their country, and has thus long frustrated those +usurpations and spoliations which, if resisted, involved war; if +submitted to, sacrificed a vital principle of our national independence. + +Under a continuance of the belligerent measures which, in defiance of +laws which consecrate the rights of neutrals, overspread the ocean with +danger, it will rest with the wisdom of Congress to decide on the course +best adapted to such a state of things; and bringing with them, as they +do, from every part of the Union the sentiments of our constituents, my +confidence is strengthened that in forming this decision they will, with +an unerring regard to the essential rights and interests of the nation, +weigh and compare the painful alternatives out of which a choice is to +be made. Nor should I do justice to the virtues which on other occasions +have marked the character of our fellow-citizens if I did not cherish an +equal confidence that the alternative chosen, whatever it may be, will +be maintained with all the fortitude and patriotism which the crisis +ought to inspire. + +The documents containing the correspondences on the subject of the +foreign edicts against our commerce, with the instructions given to +our ministers at London and Paris, are now laid before you. + +The communications made to Congress at their last session explained the +posture in which the close of the discussions relating to the attack +by a British ship of war on the frigate _Chesapeake_ left a subject on +which the nation had manifested so honorable a sensibility. Every view +of what had passed authorized a belief that immediate steps would be +taken by the British Government for redressing a wrong which the more it +was investigated appeared the more clearly to require what had not been +provided for in the special mission. It is found that no steps have been +taken for the purpose. On the contrary, it will be seen in the documents +laid before you that the inadmissible preliminary which obstructed the +adjustment is still adhered to, and, moreover, that it is now brought +into connection with the distinct and irrelative case of the orders in +council. The instructions which had been given to our minister at London +with a view to facilitate, if necessary, the reparation claimed by the +United States are included in the documents communicated. + +Our relations with the other powers of Europe have undergone no material +changes since your last session. The important negotiations with Spain +which had been alternately suspended and resumed necessarily experience +a pause under the extraordinary and interesting crisis which +distinguishes her internal situation. + +With the Barbary Powers we continue in harmony, with the exception of an +unjustifiable proceeding of the Dey of Algiers toward our consul to that +Regency. Its character and circumstances are now laid before you, and +will enable you to decide how far it may, either now or hereafter, call +for any measures not within the limits of the Executive authority. + +With our Indian neighbors the public peace has been steadily maintained. +Some instances of individual wrong have, as at other times, taken +place, but in no wise implicating the will of the nation. Beyond the +Mississippi the loways, the Sacs, and the Alabamas have delivered up +for trial and punishment individuals from among themselves accused of +murdering citizens of the United States. On this side of the Mississippi +the Creeks are exerting themselves to arrest offenders of the same kind, +and the Choctaws have manifested their readiness and desire for amicable +and just arrangements respecting depredations committed by disorderly +persons of their tribe. And, generally, from a conviction that we +consider them as a part of ourselves, and cherish with sincerity their +rights and interests, the attachment of the Indian tribes is gaining +strength daily--is extending from the nearer to the more remote, and +will amply requite us for the justice and friendship practiced toward +them. Husbandry and household manufacture are advancing among them more +rapidly with the Southern than Northern tribes, from circumstances of +soil and climate, and one of the two great divisions of the Cherokee +Nation have now under consideration to solicit the citizenship of the +United States, and to be identified with us in laws and government in +such progressive manner as we shall think best. + +In consequence of the appropriations of the last session of Congress for +the security of our seaport towns and harbors, such works of defense +have been erected as seemed to be called for by the situation of the +several places, their relative importance, and the scale of expense +indicated by the amount of the appropriation. These works will chiefly +be finished in the course of the present season, except at New York and +New Orleans, where most was to be done; and although a great proportion +of the last appropriation has been expended on the former place, yet +some further views will be submitted to Congress for rendering its +security entirely adequate against naval enterprise. A view of what has +been done at the several places, and of what is proposed to be done, +shall be communicated as soon as the several reports are received. + +Of the gunboats authorized by the act of December last, it has been +thought necessary to build only 103 in the present year. These, with +those before possessed, are sufficient for the harbors and waters most +exposed, and the residue will require little time for their construction +when it shall be deemed necessary. + +Under the act of the last session for raising an additional military +force so many officers were immediately appointed as were necessary for +carrying on the business of recruiting, and in proportion as it advanced +others have been added. We have reason to believe their success has been +satisfactory, although such returns have not yet been received as enable +me to present you a statement of the numbers engaged. + +I have not thought it necessary in the course of the last season to call +for any general detachments of militia or of volunteers under the laws +passed for that purpose. For the ensuing season, however, they will be +required to be in readiness should their service be wanted, Some small +and special detachments have been necessary to maintain trie laws of +embargo on that portion of our northern frontier which offered peculiar +facilities for evasion, but these were replaced as soon as it could be +done by bodies of new recruits. By the aid of these and of the armed +vessels called into service in other quarters the spirit of disobedience +and abuse, which manifested itself early and with sensible effect while +we were unprepared to meet it, has been considerably repressed. + +Considering the extraordinary character of the times in which we live, +our attention should unremittingly be fixed on the safety of our +country. For a people who are free, and who mean to remain so, a well +organized and armed militia is their best security. It is therefore +incumbent on us at every meeting to revise the condition of the militia, +and to ask ourselves if it is prepared to repel a powerful enemy at +every point of our territories exposed to invasion. Some of the States +have paid a laudable attention to this object, but every degree of +neglect is to be found among others. Congress alone having the power to +produce an uniform state of preparation in this great organ of defense, +the interests which they so deeply feel in their own and their country's +security will present this as among the most important objects of their +deliberation. + +Under the acts of March 11 and April 23 respecting arms, the difficulty +of procuring them from abroad during the present situation and +dispositions of Europe induced us to direct our whole efforts to the +means of internal supply. The public factories have therefore been +enlarged, additional machineries erected, and, in proportion as +artificers can be found or formed, their effect, already more than +doubled, may be increased so as to keep pace with the yearly increase +of the militia. The annual sums appropriated by the latter act have +been directed to the encouragement of private factories of arms, and +contracts have been entered into with individual undertakers to nearly +the amount of the first year's appropriation. + +The suspension of our foreign commerce, produced by the injustice of +the belligerent powers, and the consequent losses and sacrifices of our +citizens are subjects of just concern. The situation into which we have +thus been forced has impelled us to apply a pbrtion of our industry and +capital to internal manufactures and improvements. The extent of this +conversion is daily increasing, and little doubt remains that the +establishments formed and forming will, under the auspices of cheaper +materials and subsistence, the freedom of labor from taxation with us, +and of protecting duties and prohibitions, become permanent. The +commerce with the Indians, too, within our own boundaries is likely to +receive abundant aliment from the same internal source, and will secure +to them peace and the progress of civilization, undisturbed by practices +hostile to both. + +The accounts of the receipts and expenditures during the year ending +the 30th of September last being not yet made up, a correct statement +will hereafter be transmitted from the Treasury. In the meantime it is +ascertained that the receipts have amounted to near $18,000,000, which, +with the eight millions and a half in the Treasury at the beginning +of the year, have enabled us, after meeting the current demands and +interest incurred, to pay $2,300,000 of the principal of our funded +debt, and left us in the Treasury on that day near $14,000,000. Of +these, $5,350,000 will be necessary to pay what will be clue on the 1st +day of January next, which will complete the reimbursement of the 8 per +cent stock. These payments, with those made in the six years and a half +preceding, will have extinguished $33,580,000 of the principal of the +funded debt, being the whole which could be paid or purchased within the +limits of the law and of our contracts, and the amount of principal thus +discharged will have liberated the revenue from about $2,000,000 of +interest and added that sum annually to the disposable surplus. The +probable accumulation of the surpluses of revenue beyond what can be +applied to the payment of the public debt whenever the freedom and +safety of our commerce shall be restored merits the consideration of +Congress. Shall it lie unproductive in the public vaults? Shall the +revenue be reduced? Or shall it not rather be appropriated to the +improvements of roads, canals, rivers, education, and other great +foundations of prosperity and union under the powers which Congress may +already possess or such amendment of the Constitution as may be approved +by the States? While uncertain of the course of things, the time may be +advantageously employed in obtaining the powers necessary for a system +of improvement, should that be thought best. + +Availing myself of this the last occasion which will occur of addressing +the two Houses of the Legislature at their meeting, I can not omit the +expression of my sincere gratitude for the repeated proofs of confidence +manifested to me by themselves and their predecessors since my call to +the administration and the many indulgences experienced at their hands. +The same grateful acknowledgments are due to my fellow-citizens +generally, whose support has been my great encouragement under all +embarrassments. In the transaction of their business I can not have +escaped error. It is incident to out imperfect nature. But I may say +with truth my errors have been of the understanding, not of intention, +and that the advancement of their rights and interests has been the +constant motive for every measure. On these considerations I solicit +their indulgence. Looking forward with anxiety to their future destinies, +I trust that in their steady character, unshaken by difficulties, in +their love of liberty, obedience to law, and support of the public +authorities I see a sure guaranty of the permanence of our Republic; +and, retiring from the charge of their affairs, I carry with me the +consolation of a firm persuasion that Heaven has in store for our +beloved country long ages to come of prosperity and happiness. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +NOVEMBER 8, 1808. + +_To the Senate and House of Representatives of the United States_: + +The documents communicated with my public message of this day contain +such portions of the correspondences therein referred to, of the +ministers of the United States at Paris and London, as relate to the +present state of affairs between those Governments and the United +States, and as may be made public. I now communicate, confidentially, +such supplementary portions of the same correspondences as I deem +improper for publication, yet necessary to convey to Congress full +information on a subject of their deliberations so interesting to +our country. + +TH. JEFFERSON. + + + +NOVEMBER 11, 1808. + +_To the Senate of the United States_: + + * * * * * + +The governor of the Mississippi Territory having thought it expedient +to dissolve the general assembly of that Territory, according to the +authority vested in him by the ordinance of July 13, 1787, and having +declared it dissolved accordingly, some doubt was suggested whether that +declaration effected the dissolution of the legislative council. On +mature consideration and advice I approved of the proceeding of the +governor. The house of representatives of the Territory, since chosen, +have consequently nominated ten persons out of whom a legislative +council should be appointed. I do accordingly nominate and, by and with +the advice and consent of the Senate, shall appoint John Flood McGrew, +Thomas Calvit, James Lea, Alexander Montgomery, and Daniel Burnet, being +five of the said ten persons, to serve as a legislative council for the +said Territory, to continue in office five years, unless sooner removed +according to law. + +TH. JEFFERSON. + + + +DECEMBER 13, 1808. + +_To the Senate and House of Representatives of the United States_: + +I now transmit to both Houses of Congress a report of the commissioners +appointed under the act of March 29, 1806, concerning a road from +Cumberland to Ohio, being a statement of the proceedings under the said +act since their last report communicated to Congress, in order that +Congress may be enabled to adopt such further measures as may be proper +under existing circumstances. + +TH. JEFFERSON. + + + +DECEMBER 23, 1808. + +_To the Senate of the United States_: + +According to the request of the Senate in their resolution of November +14, that copies should be laid before them of all the orders and decrees +of the belligerent powers of Europe, passed since 1791, affecting the +commercial rights of the United States, I now transmit them a report of +the Secretary of State of such of them as have been attainable in the +Department of State and are supposed to have entered into the views of +the Senate. + +TH. JEFFERSON. + + + +DECEMBER 27, 1808. + +_To the Senate of the United States_: + +According to the request expressed by the Senate in their resolution of +November 14, I now transmit a report of the Secretary of the Treasury +and statement showing, as far as returns have been received from the +collectors, the number of vessels which have departed from the United +States with permission, and specifying the other particulars +contemplated by that resolution. + +TH. JEFFERSON. + + + +DECEMBER 30, 1808. + +_To the Senate and House of Representatives of the United States_: + +At the request of the governor, the senate, and house of representatives +of the Commonwealth of Pennsylvania, I communicate certain resolutions +entered into by the said senate and house of representatives, and +approved by the governor, on the 23d instant. It can not but be +encouraging to those whom the nation has placed in the direction of +their affairs to see that their fellow-citizens will press forward +in support of their country in proportion as it is threatened by the +disorganizing conflicts of the other hemisphere. + +TH. JEFFERSON. + + + +DECEMBER 30, 1808. + +_To the Senate and House of Representatives of the United States_: + +I lay before the Legislature a letter from Governor Claiborne on the +subject of a small tribe of Alabama Indians on the western side of the +Mississippi, consisting of about a dozen families. Like other erratic +tribes in that country, it is understood that they have hitherto +moved from place to place according to their convenience, without +appropriating to themselves exclusively any particular territory; but +having now become habituated to some of the occupations of civilized +life, they wish for a fixed residence. I suppose it will be the interest +of the United States to encourage the wandering tribes of that country +to reduce themselves to fixed habitations whenever they are so disposed. +The establishment of towns and growing attachments to them will furnish +in some degree pledges of their peaceable and friendly conduct. The case +of this particular tribe is now submitted to the consideration of +Congress. + +TH. JEFFERSON. + + + +JANUARY 6, 1809. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the works of defense which it +has been thought necessary to provide in the first instance for the +security of our seaport towns and harbors, and of the progress toward +their completion. Their extent has been adapted to the scale of the +appropriation and to the circumstances of the several places. + +The works undertaken at New York are calculated to annoy and endanger +any naval force which shall enter the harbor, and, still more, one +which should attempt to lie before the city. To prevent altogether the +entrance of large vessels, a line of blocks across the harbor has been +contemplated, and would, as is believed, with the auxiliary means +already provided, render that city safe against naval enterprise. The +expense as well as the importance of the work renders it a subject +proper for the special consideration of Congress. + +At New Orleans two separate systems of defense are necessary--the one +for the river, the other for the lake, which at present can give no aid +to one another. The canal now leading from the lake, if continued into +the river, would enable the armed vessels in both stations to unite, and +to meet in conjunction an attack from either side. Half the aggregate +force would then have the same effect as the whole, or the same force +double the effect of what either can now have. It would also enable the +vessels stationed in the lake when attacked by superior force to retire +to a safer position in the river. The same considerations of expense and +importance render this also a question for the special decision of +Congress. + +TH. JEFFERSON. + + + +JANUARY 13, 1809. + +_To the Senate and House of Representatives of the United States_: + +I now render to Congress the account of the fund established for +defraying the contingent expenses of Government for the year 1808. +Of the $20,000 appropriated for that purpose, $2,000 were deposited in +the hands of the Attorney-General of the United States to pay expenses +incident to the prosecution of Aaron Burr and his accomplices for +treason and misdemeanors alleged to have been committed by them; $990 +were paid to the order of Governor Williams on the same account, and +the balance of $17,010 remains in the Treasury unexpended. + +TH. JEFFERSON. + + + +JANUARY 17, 1809. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress certain letters which passed between the +British secretary of state, Mr. Canning, and Mr. Pinkney, our minister +plenipotentiary at London. When the documents concerning the relations +between the United States and Great Britain were laid before Congress at +the commencement of the session, the answer of Mr. Pinkney to the letter +of Mr. Canning had not been received, and a communication of the latter +alone would have accorded neither with propriety nor with the wishes of +Mr. Pinkney. When that answer afterwards arrived it was considered that, +as what had passed by conversation had been superseded by the written +and formal correspondence on the subject, the variance in the two +statements of what had verbally passed was not of sufficient importance +to be made the matter of a distinct and special communication. The +letter of Mr. Canning, however, having lately appeared in print, +unaccompanied by that of Mr. Pinkney in reply, and having a tendency +to make impressions not warranted by the statements of Mr. Pinkney, +it has become proper that the whole should be brought into public view. + +TH. JEFFERSON. + + + +JANUARY 24, 1809. + +_To the Senate of the United States_: + +According to the resolution of the Senate of the 17th instant, I +now transmit them the information therein requested, respecting the +execution of the act of Congress of February 21, 1806, appropriating +$2,000,000 for defraying any extraordinary expenses attending the +intercourse between the United States and foreign nations. + +TH. JEFFERSON. + + + +JANUARY 30, 1809. + +_To the Senate and House of Representatives of the United States_: + +I transmit to Congress a letter recently received from our minister at +the Court of St. James, covering one to him from the British secretary +of state, with his reply. These are communicated as forming a sequel to +the correspondence which accompanied my message to both Houses of the +17th instant. + +TH. JEFFERSON. + + + +FEBRUARY 18, 1809. + +_To the Senate of the United States_: + +I submit a treaty, concluded at Brownstown, in the Territory of +Michigan, between the United States and the Chippewas, Ottawas, +Potawattamies, Wyandots, and Shawnees, on the 25th day of November +last, whereby those tribes grant to the United States two roads, +therein described, for the decision of the Senate whether they will +advise and consent to the ratification of it. + +TH. JEFFERSON. + + + +FEBRUARY 24, 1809. + +_To the Senate of the United States_: + +The Emperor of Russia has on several occasions indicated sentiments +particularly friendly to the United States, and expressed a wish through +different channels that a diplomatic intercourse should be established +between the two countries. His high station and the relations of +Russia to the predominant powers of Europe must give him weight with +them according to the vicissitudes of the war, and his influence in +negotiations for peace may be of value to the United States should +arrangements of any sort affecting them be contemplated by other powers +in the present extraordinary state of the world; and under the constant +possibility of sudden negotiations for peace I have thought that the +friendly dispositions of such a power might be advantageously cherished +by a mission which should manifest our willingness to meet his good +will. I accordingly commissioned in the month of August last William +Short, formerly minister plenipotentiary of the United States at Madrid, +to proceed as minister plenipotentiary to the Court of St. Petersburg, +and he proceeded accordingly; and I now nominate him to the Senate for +that appointment. + +TH. JEFFERSON. + + + +FEBRUARY 25, 1809. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the militia of the United +States according to the latest returns received by the Department +of War. + +TH. JEFFERSON. + + + + +PROCLAMATION. + + +[From Annals of Congress, Tenth Congress, second session, 462.] + + +WASHINGTON, _December 30, 1808_. + +_The President of the United States to_ ------, _Senator for the +State of_ ------. + +Certain matters touching the public good requiring that the Senate +should be convened on Saturday, the 4th day of March next, you are +desired to attend at the Senate Chamber, in the city of Washington, +on that day, then and there to deliberate on such communications as +shall be made to you. + +TH. JEFFERSON. + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents, by Edited by James D. Richardson + +*** END OF THIS PROJECT GUTENBERG EBOOK THOMAS JEFFERSON *** + +***** This file should be named 10893-8.txt or 10893-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/0/8/9/10893/ + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + +Each eBook is in a subdirectory of the same number as the eBook's +eBook number, often in several formats including plain vanilla ASCII, +compressed (zipped), HTML and others. + +Corrected EDITIONS of our eBooks replace the old file and take over +the old filename and etext number. The replaced older file is renamed. +VERSIONS based on separate sources are treated as new eBooks receiving +new filenames and etext numbers. + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + +EBooks posted prior to November 2003, with eBook numbers BELOW #10000, +are filed in directories based on their release date. If you want to +download any of these eBooks directly, rather than using the regular +search system you may utilize the following addresses and just +download by the etext year. + + https://www.gutenberg.org/etext06 + + (Or /etext 05, 04, 03, 02, 01, 00, 99, + 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90) + +EBooks posted since November 2003, with etext numbers OVER #10000, are +filed in a different way. The year of a release date is no longer part +of the directory path. The path is based on the etext number (which is +identical to the filename). The path to the file is made up of single +digits corresponding to all but the last digit in the filename. For +example an eBook of filename 10234 would be found at: + + https://www.gutenberg.org/1/0/2/3/10234 + +or filename 24689 would be found at: + https://www.gutenberg.org/2/4/6/8/24689 + +An alternative method of locating eBooks: + https://www.gutenberg.org/GUTINDEX.ALL + + diff --git a/old/10893-8.zip b/old/10893-8.zip Binary files differnew file mode 100644 index 0000000..6bcf198 --- /dev/null +++ b/old/10893-8.zip diff --git a/old/10893-h.zip b/old/10893-h.zip Binary files differnew file mode 100644 index 0000000..cfa3bee --- /dev/null +++ b/old/10893-h.zip diff --git a/old/10893-h/10893-h.htm b/old/10893-h/10893-h.htm new file mode 100644 index 0000000..496175d --- /dev/null +++ b/old/10893-h/10893-h.htm @@ -0,0 +1,11510 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> + <head> + <meta http-equiv="Content-Type" content= + "text/html; charset=iso-8859-1"> + <meta content="pg2html (binary version 0.12a)" name= + "generator"> + <title> + The Project Gutenberg eBook of Messages and Papers Of The + Presidents: Thomas Jefferson, by James D. Richardson. + </title> + <style type="text/css"> + <!-- + * { font-family: Times; + } + P { text-indent: 1em; + margin-top: .75em; + font-size: 12pt; + text-align: justify; + margin-bottom: .75em; } + H1,H2,H3,H4,H5,H6 { text-align: center; } + HR { width: 33%; } + PRE { font-family: Courier, monospaced;} + .toc { margin-left: 15%; font-size: 10pt; margin-bottom: 0em;} + .r { text-align: right; } + CENTER { padding: 10px;} + // --> + </style> + </head> + <body> + + +<pre> + +The Project Gutenberg EBook of A Compilation of the Messages and Papers of +the Presidents, by Edited by James D. Richardson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Compilation of the Messages and Papers of the Presidents + Section 3 (of 4) of Volume 1: Thomas Jefferson + +Author: Edited by James D. Richardson + +Release Date: January 31, 2004 [EBook #10893] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THOMAS JEFFERSON *** + + + + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + + + + + +</pre> + + + <h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS. + </h1> + <center> + <b>BY JAMES D. RICHARDSON</b> + </center> + <p> + + </p> + <p> + + </p> + <h1> + Thomas Jefferson + </h1> + <h2> + March 4, 1801, to March 4, 1809 + </h2> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + Thomas Jefferson + </h2> + <p> + Thomas Jefferson was born at Shadwell, Albemarle County, Va., + on April 2 (old style), 1743. He was the oldest son of Peter + Jefferson, who died in 1757. After attending private schools, + he entered William and Mary College in 1760. In 1767 began + the practice of the law. In 1769 was chosen to represent his + county in the Virginia house of burgesses, a station he + continued to fill up to the period of the Revolution. He + married Mrs. Martha Skelton in 1772, she being a daughter of + John Wayles, an eminent lawyer of Virginia. On March 12, + 1773, was chosen a member of the first committee of + correspondence established by the Colonial legislature. Was + elected a delegate to the Continental Congress in 1775; was + placed on the Committee of Five to prepare the Declaration of + Independence, and at the request of that committee he drafted + the Declaration, which, with slight amendments, was adopted + July 4, 1776. Resigned his seat in Congress and occupied one + in the Virginia legislature in October, 1776. Was elected + governor of Virginia by the legislature on June 1, 1779, to + succeed Patrick Henry. Retired to private life at the end of + his term as governor, but was the same year elected again to + the legislature. Was appointed commissioner with others to + negotiate treaties with France in 1776, but declined. In 1782 + he was appointed by Congress minister plenipotentiary to act + with others in Europe in negotiating a treaty of peace with + Great Britain. Was again elected a Delegate to Congress in + 1783, and as a member of that body he advocated and had + adopted the dollar as the unit and the present system of + coins and decimals. In May, 1784, was appointed minister + plenipotentiary to Europe to assist John Adams and Benjamin + Franklin in negotiating treaties of commerce. In March, 1785, + was appointed by Congress minister at the French Court to + succeed Dr. Franklin, and remained in France until September, + 1789. On his arrival at Norfolk, November 23, 1789, received + a letter from Washington offering him the appointment of + Secretary of State in his Cabinet. Accepted and became the + first Secretary of State under the Constitution. December 31, + 1793, resigned his place in the Cabinet and retired to + private life at his home. In 1796 was brought forward by his + friends as a candidate for President, but Mr. Adams, + receiving the highest number of votes, was elected President, + and Jefferson became Vice-President for four years from March + 4, 1797. In 1800 was again voted for by his party for + President. He and Mr. Burr received an equal number of + electoral votes, and under the Constitution the House of + Representatives was called upon to elect. Mr. Jefferson was + chosen on the thirty-sixth ballot. Was reelected in 1804, and + retired finally from public life March 4, 1809. He died on + the 4th day of July, 1826, and was buried at Monticello, Va. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + NOTIFICATION OF ELECTION. + </h2> + <p> + Mr. Pinckney, from the committee instructed on the 18th + instant to wait on the President elect to notify him of his + election, reported that the committee had, according to + order, performed that service, and addressed the President + elect in the following words, to wit: + </p> + <p> + The committee beg leave to express their wishes for the + prosperity of your Administration and their sincere desire + that it may promote your own happiness and the welfare of our + country. + </p> + <p> + To which the President elect was pleased to make the + following reply: + </p> + <p> + I receive, gentlemen, with profound thankfulness this + testimony of confidence from the great representative council + of our nation. It fills up the measure of that grateful + satisfaction which had already been derived from the + suffrages of my fellow-citizens themselves, designating me as + one of those to whom they were willing to commit this charge, + the most important of all others to them. In deciding between + the candidates whom their equal vote presented to your + choice, I am sensible that age has been respected rather than + more active and useful qualifications. + </p> + <p> + I know the difficulties of the station to which I am called, + and feel and acknowledge my incompetence to them. But + whatsoever of understanding, whatsoever of diligence, + whatsoever of justice or of affectionate concern for the + happiness of man, it has pleased Providence to place within + the compass of my faculties shall be called forth for the + discharge of the duties confided to me, and for procuring to + my fellow-citizens all the benefits which our Constitution + has placed under the guardianship of the General Government. + </p> + <p> + Guided by the wisdom and patriotism of those to whom it + belongs to express the legislative will of the nation, I will + give to that will a faithful execution. + </p> + <p> + I pray you, gentlemen, to convey to the honorable body from + which you are deputed the homage of my humble acknowledgments + and the sentiments of zeal and fidelity by which I shall + endeavor to merit these proofs of confidence from the nation + and its Representatives; and accept yourselves my particular + thanks for the obliging terms in which you have been pleased + to communicate their will. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + FEBRUARY 20, 1801. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + LETTER FROM THE PRESIDENT ELECT. + </h2> + <p> + The President laid before the Senate a letter from the + President elect of the United States, which was read, as + follows: + </p> + <p class="r"> + WASHINGTON, <i>March 2, 1801</i>. + </p> + <p> + The PRESIDENT PRO TEMPORE OF THE SENATE. + </p> + <p> + SIR: I beg leave through you to inform the honorable the + Senate of the United States that I propose to take the oath + which the Constitution prescribes to the President of the + United States before he enters on the execution of his office + on Wednesday, the 4th instant, at 12 o'clock, in the Senate + Chamber. + </p> + <p> + I have the honor to be, with the greatest respect, sir, your + most obedient and most humble servant, + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <center> + (The same letter was sent to the House of Representatives.) + </center> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIRST INAUGURAL ADDRESS. + </h2> + <p class="r"> + AT WASHINGTON, D.C. + </p> + <p> + <i>Friends and Fellow-Citizens</i>. + </p> + <p> + Called upon to undertake the duties of the first executive + office of our country, I avail myself of the presence of that + portion of my fellow-citizens which is here assembled to + express my grateful thanks for the favor with which they have + been pleased to look toward me, to declare a sincere + consciousness that the task is above my talents, and that I + approach it with those anxious and awful presentiments which + the greatness of the charge and the weakness of my powers so + justly inspire. A rising nation, spread over a wide and + fruitful land, traversing all the seas with the rich + productions of their industry, engaged in commerce with + nations who feel power and forget right, advancing rapidly to + destinies beyond the reach of mortal eye—when I + contemplate these transcendent objects, and see the honor, + the happiness, and the hopes of this beloved country + committed to the issue and the auspices of this day, I shrink + from the contemplation, and humble myself before the + magnitude of the undertaking. Utterly, indeed, should I + despair did not the presence of many whom I here see remind + me that in the other high authorities provided by our + Constitution I shall find resources of wisdom, of virtue, and + of zeal on which to rely under all difficulties. To you, + then, gentlemen, who are charged with the sovereign functions + of legislation, and to those associated with you, I look with + encouragement for that guidance and support which may enable + us to steer with safety the vessel in which we are all + embarked amidst the conflicting elements of a troubled world. + </p> + <p> + During the contest of opinion through which we have passed + the animation of discussions and of exertions has sometimes + worn an aspect which might impose on strangers unused to + think freely and to speak and to write what they think; but + this being now decided by the voice of the nation, announced + according to the rules of the Constitution, all will, of + course, arrange themselves under the will of the law, and + unite in common efforts for the common good. All, too, will + bear in mind this sacred principle, that though the will of + the majority is in all cases to prevail, that will to be + rightful must be reasonable; that the minority possess their + equal rights, which equal law must protect, and to violate + would be oppression. Let us, then, fellow-citizens, unite + with one heart and one mind. Let us restore to social + intercourse that harmony and affection without which liberty + and even life itself are but dreary things. And let us + reflect that, having banished from our land that religious + intolerance under which mankind so long bled and suffered, we + have yet gained little if we countenance a political + intolerance as despotic, as wicked, and capable of as bitter + and bloody persecutions. During the throes and convulsions of + the ancient world, during the agonizing spasms of infuriated + man, seeking through blood and slaughter his long-lost + liberty, it was not wonderful that the agitation of the + billows should reach even this distant and peaceful shore; + that this should be more felt and feared by some and less by + others, and should divide opinions as to measures of safety. + But every difference of opinion is not a difference of + principle. We have called by different names brethren of the + same principle. We are all Republicans, we are all + Federalists. If there be any among us who would wish to + dissolve this Union or to change its republican form, let + them stand undisturbed as monuments of the safety with which + error of opinion may be tolerated where reason is left free + to combat it. I know, indeed, that some honest men fear that + a republican government can not be strong, that this + Government is not strong enough; but would the honest + patriot, in the full tide of successful experiment, abandon a + government which has so far kept us free and firm on the + theoretic and visionary fear that this Government, the + world's best hope, may by possibility want energy to preserve + itself? I trust not. I believe this, on the contrary, the + strongest Government on earth. I believe it the only one + where every man, at the call of the law, would fly to the + standard of the law, and would meet invasions of the public + order as his own personal concern. Sometimes it is said that + man can not be trusted with the government of himself. Can + he, then, be trusted with the government of others? Or have + we found angels in the forms of kings to govern him? Let + history answer this question. + </p> + <p> + Let us, then, with courage and confidence pursue our own + Federal and Republican principles, our attachment to union + and representative government. Kindly separated by nature and + a wide ocean from the exterminating havoc of one quarter of + the globe; too high-minded to endure the degradations of the + others; possessing a chosen country, with room enough for our + descendants to the thousandth and thousandth generation; + entertaining a due sense of our equal right to the use of our + own faculties, to the acquisitions of our own industry, to + honor and confidence from our fellow-citizens, resulting not + from birth, but from our actions and their sense of them; + enlightened by a benign religion, professed, indeed, and + practiced in various forms, yet all of them inculcating + honesty, truth, temperance, gratitude, and the love of man; + acknowledging and adoring an overruling Providence, which by + all its dispensations proves that it delights in the + happiness of man here and his greater happiness + hereafter—with all these blessings, what more is + necessary to make us a happy and a prosperous people? Still + one thing more, fellow-citizens—a wise and frugal + Government, which shall restrain men from injuring one + another, shall leave them otherwise free to regulate their + own pursuits of industry and improvement, and shall not take + from the mouth of labor the bread it has earned. This is the + sum of good government, and this is necessary to close the + circle of our felicities. + </p> + <p> + About to enter, fellow-citizens, on the exercise of duties + which comprehend everything dear and valuable to you, it is + proper you should understand what I deem the essential + principles of our Government, and consequently those which + ought to shape its Administration. I will compress them + within the narrowest compass they will bear, stating the + general principle, but not all its limitations. Equal and + exact justice to all men, of whatever state or persuasion, + religious or political; peace, commerce, and honest + friendship with all nations, entangling alliances with none; + the support of the State governments in all their rights, as + the most competent administrations for our domestic concerns + and the surest bulwarks against antirepublican tendencies; + the preservation of the General Government in its whole + constitutional vigor, as the sheet anchor of our peace at + home and safety abroad; a jealous care of the right of + election by the people—a mild and safe corrective of + abuses which are lopped by the sword of revolution where + peaceable remedies are unprovided; absolute acquiescence in + the decisions of the majority, the vital principle of + republics, from which is no appeal but to force, the vital + principle and immediate parent of despotism; a + well-disciplined militia, our best reliance in peace and for + the first moments of war, till regulars may relieve them; the + supremacy of the civil over the military authority; economy + in the public expense, that labor may be lightly burthened; + the honest payment of our debts and sacred preservation of + the public faith; encouragement of agriculture, and of + commerce as its handmaid; the diffusion of information and + arraignment of all abuses at the bar of the public reason; + freedom of religion; freedom of the press, and freedom of + person under the protection of the habeas corpus, and trial + by juries impartially selected. These principles form the + bright constellation which has gone before us and guided our + steps through an age of revolution and reformation. The + wisdom of our sages and blood of our heroes have been devoted + to their attainment. They should be the creed of our + political faith, the text of civic instruction, the + touchstone by which to try the services of those we trust; + and should we wander from them in moments of error or of + alarm, let us hasten to retrace our steps and to regain the + road which alone leads to peace, liberty, and safety. + </p> + <p> + I repair, then, fellow-citizens, to the post you have + assigned me. With experience enough in subordinate offices to + have seen the difficulties of this the greatest of all, I + have learnt to expect that it will rarely fall to the lot of + imperfect man to retire from this station with the reputation + and the favor which bring him into it. Without pretensions to + that high confidence you reposed in our first and greatest + revolutionary character, whose preeminent services had + entitled him to the first place in his country's love and + destined for him the fairest page in the volume of faithful + history, I ask so much confidence only as may give firmness + and effect to the legal administration of your affairs. I + shall often go wrong through defect of judgment. When right, + I shall often be thought wrong by those whose positions will + not command a view of the whole ground. I ask your indulgence + for my own errors, which will never be intentional, and your + support against the errors of others, who may condemn what + they would not if seen in all its parts. The approbation + implied by your suffrage is a great consolation to me for the + past, and my future solicitude will be to retain the good + opinion of those who have bestowed it in advance, to + conciliate that of others by doing them all the good in my + power, and to be instrumental to the happiness and freedom of + all. + </p> + <p> + Relying, then, on the patronage of your good will, I advance + with obedience to the work, ready to retire from it whenever + you become sensible how much better choice it is in your + power to make. And may that Infinite Power which rules the + destinies of the universe lead our councils to what is best, + and give them a favorable issue for your peace and + prosperity. + </p> + <p> + MARCH 4, 1801. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From the National Intelligencer, March 13, 1801.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <p> + Whereas by the first article of the terms and conditions + declared by the President of the United States on the iyth + day of October, 1791, for regulating the materials and manner + of buildings and improvements on the lots in the city of + Washington, it is provided "that the outer and party walls of + all houses in the said city shall be built of brick or + stone;" and by the third article of the same terms and + conditions it is declared "that the wall of no house shall be + higher than 40 feet to the roof in any part of the city, nor + shall any be lower than 35 feet in any of the avenues;" and + </p> + <p> + Whereas the above-recited articles were found to impede the + settlement in the city of mechanics and others whose + circumstances did not admit of erecting houses authorized by + the said regulations, for which cause the President of the + United States, by a writing under his hand, bearing date the + 25th day of June, 1796, suspended the operation of the said + articles until the first Monday of December, 1800, and the + beneficial effects arising from such suspension having been + experienced, it is deemed proper to revive the same: + </p> + <p> + Wherefore I, Thomas Jefferson, President of the United + States, do declare that the operation of the first and third + articles above recited shall be, and the same is hereby, + suspended until the ist day of January, 1802, and that all + the houses which shall be erected in the said city of + Washington previous to the said 1st day of January, 1802, + conformable in other respects to the regulations aforesaid, + shall be considered as lawfully erected, except that no + wooden house shall be erected within 24 feet of any brick or + stone house. + </p> + <p> + Given under my hand this 11th day of March, 1801. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + In communicating his first message to Congress, President + Jefferson addressed the following letter to the presiding + officer of each branch of the National Legislature: + </p> + <p class="r"> + DECEMBER 8, 1801. + </p> + <p> + The Honorable the PRESIDENT OF THE SENATE. + </p> + <p> + SIR: The circumstances under which we find ourselves at this + place rendering inconvenient the mode heretofore practiced of + making by personal address the first communications between + the legislative and executive branches, I have adopted that + by message, as used on all subsequent occasions through the + session. In doing this I have had principal regard to the + convenience of the Legislature, to the economy of their time, + to their relief from the embarrassment of immediate answers + on subjects not yet fully before them, and to the benefits + thence resulting to the public affairs. Trusting that a + procedure founded in these motives will meet their + approbation, I beg leave through you, sir, to communicate the + inclosed message, with the documents accompanying it, to the + honorable the Senate, and pray you to accept for yourself and + them the homage of my high respect and consideration. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIRST ANNUAL MESSAGE. + </h2> + <p class="r"> + DECEMBER 8, 1801. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + It is a circumstance of sincere gratification to me that on + meeting the great council of our nation I am able to announce + to them on grounds of reasonable certainty that the wars and + troubles which have for so many years afflicted our sister + nations have at length come to an end, and that the + communications of peace and commerce are once more opening + among them. Whilst we devoutly return thanks to the + beneficent Being who has been pleased to breathe into them + the spirit of conciliation and forgiveness, we are bound with + peculiar gratitude to be thankful to Him that our own peace + has been preserved through so perilous a season, and + ourselves permitted quietly to cultivate the earth and to + practice and improve those arts which tend to increase our + comforts. The assurances, indeed, of friendly disposition + received from all the powers with whom we have principal + relations had inspired a confidence that our peace with them + would not have been disturbed. But a cessation of + irregularities which had affected the commerce of neutral + nations and of the irritations and injuries produced by them + can not but add to this confidence, and strengthens at the + same time the hope that wrongs committed on unoffending + friends under a pressure of circumstances will now be + reviewed with candor, and will be considered as founding just + claims of retribution for the past and new assurance for the + future. + </p> + <p> + Among our Indian neighbors also a spirit of peace and + friendship generally prevails, and I am happy to inform yon + that the continued efforts to introduce among them the + implements and the practice of husbandry and of the household + arts have not been without success; that they are becoming + more and more sensible of the superiority of this dependence + for clothing and subsistence over the precarious resources of + hunting and fishing, and already we are able to announce that + instead of that constant diminution of their numbers produced + by their wars and their wants, some of them begin to + experience an increase of population. + </p> + <p> + To this state of general peace with which we have been + blessed, one only exception exists. Tripoli, the least + considerable of the Barbary States, had come forward with + demands unfounded either in right or in compact, and had + permitted itself to denounce war on our failure to comply + before a given day. The style of the demand admitted but one + answer. I sent a small squadron of frigates into the + Mediterranean, with assurances to that power of our sincere + desire to remain in peace, but with orders to protect our + commerce against the threatened attack. The measure was + seasonable and salutary. The Bey had already declared war. + His cruisers were out. Two had arrived at Gibraltar. + </p> + <p> + Our commerce in the Mediterranean was blockaded and that of + the Atlantic in peril. The arrival of our squadron dispelled + the danger. One of the Tripolitan cruisers having fallen in + with and engaged the small schooner <i>Enterprise</i>, + commanded by Lieutenant Sterret, which had gone as a tender + to our larger vessels, was captured, after a heavy slaughter + of her men, without the loss of a single one on our part. The + bravery exhibited by our citizens on that element will, I + trust, be a testimony to the world that it is not the want of + that virtue which makes us seek their peace, but a + conscientious desire to direct the energies of our nation to + the multiplication of the human race, and not to its + destruction. Unauthorized by the Constitution, without the + sanction of Congress, to go beyond the line of defense, the + vessel, being disabled from committing further hostilities, + was liberated with its crew. The Legislature will doubtless + consider whether, by authorizing measures of offense also, + they will place our force on an equal footing with that of + its adversaries. I communicate all material information on + this subject, that in the exercise of this important function + confided by the Constitution to the Legislature exclusively + their judgment may form itself on a knowledge and + consideration of every circumstance of weight. + </p> + <p> + I wish I could say that our situation with all the other + Barbary States was entirely satisfactory. Discovering that + some delays had taken place in the performance of certain + articles stipulated by us, I thought it my duty, by immediate + measures for fulfilling them, to vindicate to ourselves the + right of considering the effect of departure from stipulation + on their side. From the papers which will be laid before you + you will be enabled to judge whether our treaties are + regarded by them as fixing at all the measure of their + demands or as guarding from the exercise of force our vessels + within their power, and to consider how far it will be safe + and expedient to leave our affairs with them in their present + posture. + </p> + <p> + I lay before you the result of the census lately taken of our + inhabitants, to a conformity with which we are now to reduce + the ensuing ratio of representation and taxation. You will + perceive that the increase of numbers during the last ten + years, proceeding in geometrical ratio, promises a + duplication in little more than twenty-two years. We + contemplate this rapid growth and the prospect it holds up to + us, not with a view to the injuries it may enable us to do + others in some future day, but to the settlement of the + extensive country still remaining vacant within our limits to + the multiplication of men susceptible of happiness, educated + in the love of order, habituated to self-government, and + valuing its blessings above all price. + </p> + <p> + Other circumstances, combined with the increase of numbers, + have produced an augmentation of revenue arising from + consumption in a ratio far beyond that of population alone; + and though the changes in foreign relations now taking place + so desirably for the whole world may for a season affect this + branch of revenue, yet weighing all probabilities of expense + as well as of income, there is reasonable ground of + confidence that we may now safely dispense with all the + internal taxes, comprehending excise, stamps, auctions, + licenses, carriages, and refined sugars, to which the postage + on newspapers may be added to facilitate the progress of + information, and that the remaining sources of revenue will + be sufficient to provide for the support of Government, to + pay the interest of the public debts, and to discharge the + principals within shorter periods than the laws or the + general expectation had contemplated. War, indeed, and + untoward events may change this prospect of things and call + for expenses which the imposts could not meet; but sound + principles will not justify our taxing the industry of our + fellow-citizens to accumulate treasure for wars to happen we + know not when, and which might not, perhaps, happen but from + the temptations offered by that treasure. + </p> + <p> + These views, however, of reducing our burthens are formed on + the expectation that a sensible and at the same time a + salutary reduction may take place in our habitual + expenditures. For this purpose those of the civil Government, + the Army, and Navy will need revisal. + </p> + <p> + When we consider that this Government is charged with the + external, and mutual relations only of these States; that the + States themselves have principal care of our persons, our + property, and our reputation, constituting the great field of + human concerns, we may well doubt whether our organization is + not too complicated, too expensive; whether offices and + officers have not been multiplied unnecessarily and sometimes + injuriously to the service they were meant to promote. I will + cause to be laid before you an essay toward a statement of + those who, under public employment of various kinds, draw + money from the Treasury or from our citizens. Time has not + permitted a perfect enumeration, the ramifications of office + being too multiplied and remote to be completely traced in a + first trial. Among those who are dependent on Executive + discretion I have begun the reduction of what was deemed + unnecessary. The expenses of diplomatic agency have been + considerably diminished. The inspectors of internal revenue + who were found to obstruct the accountability of the + institution have been discontinued. Several agencies created + by Executive authority, on salaries fixed by that also, have + been suppressed, and should suggest the expediency of + regulating that power by law, so as to subject its exercises + to legislative inspection and sanction. Other reformations of + the same kind will be pursued with that caution which is + requisite in removing useless things, not to injure what is + retained. But the great mass of public offices is established + by law, and therefore by law alone can be abolished. Should + the Legislature think it expedient to pass this roll in + review and try all its parts by the test of public utility, + they may be assured of every aid and light which Executive + information can yield. Considering the general tendency to + multiply offices and dependencies and to increase expense to + the ultimate term of burthen which the citizen can bear, it + behooves us to avail ourselves of every occasion which + presents itself for taking off the surcharge, that it never + may be seen here that after leaving to labor the smallest + portion of its earnings on which it can subsist, Government + shall itself consume the whole residue of what it was + instituted to guard. + </p> + <p> + In our care, too, of the public contributions intrusted to + our direction it would be prudent to multiply barriers + against their dissipation by appropriating specific sums to + every specific purpose susceptible of definition; by + disallowing all applications of money varying from the + appropriation in object or transcending it in amount; by + reducing the undefined field of contingencies and thereby + circumscribing discretionary powers over money, and by + bringing back to a single department all accountabilities for + money, where the examinations may be prompt, efficacious, and + uniform. + </p> + <p> + An account of the receipts and expenditures of the last year, + as prepared by the Secretary of the Treasury, will, as usual, + be laid before you. The success which has attended the late + sales of the public lands shews that with attention they may + be made an important source of receipt. Among the payments + those made in discharge of the principal and interest of the + national debt will shew that the public faith has been + exactly maintained. To these will be added an estimate of + appropriations necessary for the ensuing year. This last + will, of course, be affected by such modifications of the + system of expense as you shall think proper to adopt. + </p> + <p> + A statement has been formed by the Secretary of War, on + mature consideration, of all the posts and stations where + garrisons will be expedient and of the number of men + requisite for each garrison. The whole amount is considerably + short of the present military establishment. For the surplus + no particular use can be pointed out. For defense against + invasion their number is as nothing, nor is it conceived + needful or safe that a standing army should be kept up in + time of peace for that purpose. Uncertain as we must ever be + of the particular point in our circumference where an enemy + may choose to invade us, the only force which can be ready at + every point and competent to oppose them is the body of + neighboring citizens as formed into a militia. On these, + collected from the parts most convenient in numbers + proportioned to the invading force, it is best to rely not + only to meet the first attack, but if it threatens to be + permanent to maintain the defense until regulars may be + engaged to relieve them. These considerations render it + important that we should at every session continue to amend + the defects which from time to time shew themselves in the + laws for regulating the militia until they are sufficiently + perfect. Nor should we now or at any time separate until we + can say we have done everything for the militia which we + could do were an enemy at our door. + </p> + <p> + The provision of military stores on hand will be laid before + you, that you may judge of the additions still requisite. + </p> + <p> + With respect to the extent to which our naval preparations + should be carried some difference of opinion may be expected + to appear, but just attention to the circumstances of every + part of the Union will doubtless reconcile all. A small force + will probably continue to be wanted for actual service in the + Mediterranean. Whatever annual sum beyond that you may think + proper to appropriate to naval preparations would perhaps be + better employed in providing those articles which may be kept + without waste or consumption, and be in readiness when any + exigence calls them into use. Progress has been made, as will + appear by papers now communicated, in providing materials for + 74-gun ships as directed by law. + </p> + <p> + How far the authority given by the Legislature for procuring + and establishing sites for naval purposes has been perfectly + understood and pursued in the execution admits of some doubt. + A statement of the expenses already incurred on that subject + is now laid before you. I have in certain cases suspended or + slackened these expenditures, that the Legislature might + determine whether so many yards are necessary as have been + contemplated. The works at this place are among those + permitted to go on, and five of the seven frigates directed + to be laid up have been brought and laid up here, where, + besides the safety of their position, they are under the eye + of the Executive Administration, as well as of its agents, + and where yourselves also will be guided by your own view in + the legislative provisions respecting them which may from + time to time be necessary. They are preserved in such + condition, as well the vessels as whatever belongs to them, + as to be at all times ready for sea on a short warning. Two + others are yet to be laid up so soon as they shall have + received the repairs requisite to put them also into sound + condition. As a superintending officer will be necessary at + each yard, his duties and emoluments, hitherto fixed by the + Executive, will be a more proper subject for legislation. A + communication will also be made of our progress in the + execution of the law respecting the vessels directed to be + sold. + </p> + <p> + The fortifications of our harbors, more or less advanced, + present considerations of great difficulty. While some of + them are on a scale sufficiently proportioned to the + advantages of their position, to the efficacy of their + protection, and the importance of the points within it, + others are so extensive, will cost so much in their first + erection, so much in their maintenance, and require such a + force to garrison them as to make it questionable what is + best now to be done. A statement of those commenced or + projected, of the expenses already incurred, and estimates of + their future cost, as far as can be foreseen, shall be laid + before you, that you may be enabled to judge whether any + alteration is necessary in the laws respecting this subject. + </p> + <p> + Agriculture, manufactures, commerce, and navigation, the four + pillars of our prosperity, are then most thriving when left + most free to individual enterprise. Protection from casual + embarrassments, however, may sometimes be seasonably + interposed. If in the course of your observations or + inquiries they should appear to need any aid within the + limits of our constitutional powers, your sense of their + importance is a sufficient assurance they will occupy your + attention. We can not, indeed, but all feel an anxious + solicitude for the difficulties under which our carrying + trade will soon be placed. How far it can be relieved, + otherwise than by time, is a subject of important + consideration. + </p> + <p> + The judiciary system of the United States, and especially + that portion of it recently erected, will of course present + itself to the contemplation of Congress, and, that they may + be able to judge of the proportion which the institution + bears to the business it has to perform, I have caused to be + procured from the several States and now lay before Congress + an exact statement of all the causes decided since the first + establishment of the courts, and of those which were + depending when additional courts and judges were brought in + to their aid. + </p> + <p> + And while on the judiciary organization it will be worthy + your consideration whether the protection of the inestimable + institution of juries has been extended to all the cases + involving the security of our persons and property. Their + impartial selection also being essential to their value, we + ought further to consider whether that is sufficiently + secured in those States where they are named by a marshal + depending on Executive will or designated by the court or by + officers dependent on them. + </p> + <p> + I can not omit recommending a revisal of the laws on the + subject of naturalization. Considering the ordinary chances + of human life, a denial of citizenship under a residence of + fourteen years is a denial to a great proportion of those who + ask it, and controls a policy pursued from their first + settlement by many of these States, and still believed of + consequence to their prosperity; and shall we refuse to the + unhappy fugitives from distress that hospitality which the + savages of the wilderness extended to our fathers arriving in + this land? Shall oppressed humanity find no asylum on this + globe? The Constitution indeed has wisely provided that for + admission to certain offices of important trust a residence + shall be required sufficient to develop character and design. + But might not the general character and capabilities of a + citizen be safely communicated to everyone manifesting a bona + fide purpose of embarking his life and fortunes permanently + with us, with restrictions, perhaps, to guard against the + fraudulent usurpation of our flag, an abuse which brings so + much embarrassment and loss on the genuine citizen and so + much danger to the nation of being involved in war that no + endeavor should be spared to detect and suppress it? + </p> + <p> + These, fellow-citizens, are the matters respecting the state + of the nation which I have thought of importance to be + submitted to your consideration at this time. Some others of + less moment or not yet ready for communication will be the + subject of separate messages. I am happy in this opportunity + of committing the arduous affairs of our Government to the + collected wisdom of the Union. Nothing shall be wanting on my + part to inform as far as in my power the legislative + judgment, nor to carry that judgment into faithful execution. + The prudence and temperance of your discussions will promote + within your own walls that conciliation which so much + befriends rational conclusion, and by its example will + encourage among our constituents that progress of opinion + which is tending to unite them in object and in will. That + all should be satisfied with any one order of things is not + to be expected; but I indulge the pleasing persuasion that + the great body of our citizens will cordially concur in + honest and disinterested efforts which have for their object + to preserve the General and State Governments in their + constitutional form and equilibrium; to maintain peace + abroad, and order and obedience to the laws at home; to + establish principles and practices of administration + favorable to the security of liberty and property, and to + reduce expenses to what is necessary for the useful purposes + of Government. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + DECEMBER 11, 1801. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + Early in the last month I received the ratification by the + First Consul of France of the convention between the United + States and that nation. His ratification not being pure and + simple in the ordinary form, I have thought it my duty, in + order to avoid all misconception, to ask a second advice and + consent of the Senate before I give it the last sanction by + proclaiming it to be a law of the land. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 22, 1801. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + The States of Georgia and Tennessee being peculiarly + interested in our carrying into execution the two acts passed + by Congress on the 19th of February, 1799 (chapter 115), and + 13th May, 1800 (chapter 62), commissioners were appointed + early in summer and other measures taken for the purpose. The + objects of these laws requiring meetings with the Cherokees, + Chickasaws, Choctaws, and Creeks, the inclosed instructions + were prepared for the proceedings with the three first + nations. Our applications to the Cherokees failed altogether. + Those to the Chickasaws produced the treaty now laid before + you for your advice and consent, whereby we obtained + permission to open a road of communication with the + Mississippi Territory. The commissioners are probably at this + time in conference with the Choctaws. Further information + having been wanting when these instructions were, formed to + enable us to prepare those respecting the Creeks, the + commissioners were directed to proceed with the others. We + have now reason to believe the conferences with the Creeks + can not take place till the spring. + </p> + <p> + The journals and letters of the commissioners relating to the + subject of the treaty now inclosed accompany it. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 22, 1801. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + I now inclose sundry documents supplementary to those + communicated to you with my message at the commencement of + the session. Two others of considerable importance—the + one relating to our transactions with the Barbary Powers, the + other presenting a view of the offices of the + Government—shall be communicated as soon as they can be + completed. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 23, 1801. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + Another return of the census of the State of Maryland is just + received from the marshal of that State, which he desires may + be substituted as more correct than the one first returned by + him and communicated by me to Congress. This new return, with + his letter, is now laid before you. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 11, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>. + </p> + <p> + I now communicate to you a memorial of the commissioners of + the city of Washington, together with a letter of later date, + which, with their memorial of January 28, 1801, will possess + the Legislature fully of the state of the public interests + and of those of the city of Washington confided to them. The + moneys now due, and soon to become due, to the State of + Maryland on the loan guaranteed by the United States call for + an early attention. The lots in the city which are chargeable + with the payment of these moneys are deemed not only equal to + the indemnification of the public, but to insure a + considerable surplus to the city to be employed for its + improvement, provided they are offered for sale only in + sufficient numbers to meet the existing demand. But the act + of 1796 requires that they shall be positively sold in such + numbers as shall be necessary for the punctual payment of the + loans. Nine thousand dollars of interest are lately become + due, $3,000 quarter yearly will continue to become due, and + $50,000, an additional loan, are reimbursable on the 1st day + of November next. These sums would require sales so far + beyond the actual demand of the market that it is apprehended + that the whole property may be thereby sacrificed, the public + security destroyed, and the residuary interest of the city + entirely lost. Under these circumstances I have thought it my + duty before I proceed to direct a rigorous execution of the + law to submit the subject to the consideration of the + Legislature. Whether the public interest will be better + secured in the end and that of the city saved by offering + sales commensurate only to the demand at market, and + advancing from the Treasury in the first instance what these + may prove deficient, to be replaced by subsequent sales, + rests for the determination of the Legislature. If indulgence + for the funds can be admitted, they will probably form a + resource of great and permanent value; and their + embarrassments have been produced only by overstrained + exertions to provide accommodations for the Government of the + Union + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 12, 1802. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + I now communicate to you a letter from the Secretary of State + inclosing an estimate of the expenses which appear at present + necessary for carrying into effect the convention between the + United States of America and the French Republic, which has + been prepared at the request of the House of Representatives. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 27, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + I lay before you the accounts of our Indian trading houses, + as rendered up to the 1st day of January, 1801, with a report + of the Secretary of War thereon, explaining the effects and + the situation of that commerce and the reasons in favor of + its further extension. But it is believed that the act + authorizing this trade expired so long ago as the 3d of + March, 1799. Its revival, therefore, as well as its + extension, is submitted to the consideration of the + Legislature. + </p> + <p> + The act regulating trade and intercourse with the Indian + tribes will also expire on the 3d day of March next. While on + the subject of its continuance it will be worthy the + consideration of the Legislature whether the provisions of + the law inflicting on Indians, in certain cases, the + punishment of death by hanging might not permit its + commutation into death by military execution, the form of the + punishment in the former way being peculiarly repugnant to + their ideas and increasing the obstacles to the surrender of + the criminal. + </p> + <p> + These people are becoming very sensible of the baneful + effects produced on their morals, their health, and existence + by the abuse of ardent spirits, and some of them earnestly + desire a prohibition of that article from being carried among + them. The Legislature will consider whether the effectuating + that desire would not be in the spirit of benevolence and + liberality which they have hitherto practiced toward these + our neighbors, and which has had so happy an effect toward + conciliating their friendship. It has been found, too, in + experience that the same abuse gives frequent rise to + incidents tending much to commit our peace with the Indians. + </p> + <p> + It is now become necessary to run and mark the boundaries + between them and us in various parts. The law last mentioned + has authorized this to be done, but no existing appropriation + meets the expense. + </p> + <p> + Certain papers explanatory of the grounds of this + communication are herewith inclosed. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 2, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + I now lay before you— + </p> + <p> + 1. A return of ordnance, arms, and military stores the + property of the United States. + </p> + <p> + 2. Returns of muskets and bayonets fabricated at the armories + of the United States at Springfield and Harpers Ferry, and of + the expenditures at those places; and + </p> + <p> + 3. An estimate of expenditures which may be necessary for + fortifications and barracks for the present year. + </p> + <p> + Besides the permanent magazines established at Springfield, + West Point, and Harpers Ferry, it is thought one should be + established in some point convenient for the States of North + Carolina, South Carolina, and Georgia. Such a point will + probably be found near the border of the Carolinas, and some + small provision by the Legislature preparatory to the + establishment will be necessary for the present year. + </p> + <p> + We find the United States in possession of certain iron mines + and works in the county of Berkeley and State of Virginia, + purchased, as is presumable, on the idea of establishing + works for the fabrication of cannon and other military + articles by the public. Whether this method of supplying what + may be wanted will be most advisable or that of purchasing at + market where competition brings everything to its proper + level of price and quality is for the Legislature to decide, + and if the latter alternative be preferred, it will rest for + their further consideration in what way the subjects of this + purchase may be best employed or disposed of. The + Attorney-General's opinion on the subject of the title + accompanies this. + </p> + <p> + There are in various parts of the United States small parcels + of land which have been purchased at different times for + cantonments and other military purposes. Several of them are + in situations not likely to be accommodated to future + purposes. The loss of the records prevents a detailed + statement of these until they can be supplied by inquiry. In + the meantime, one of them, containing 88 acres, in the county + of Essex, in New Jersey, purchased in 1799 and sold the + following year to Cornelius Vermule and Andrew Codmas, though + its price has been received, can not be conveyed without + authority from the Legislature. + </p> + <p> + I inclose herewith a letter from the Secretary of War on the + subject of the islands in the lakes and rivers of our + northern boundary, and of certain lands in the neighborhood + of some of our military posts, on which it may be expedient + for the Legislature to make some provisions. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 16, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + I now transmit a statement of the expenses incurred by the + United States in their transactions with the Barbary Powers, + and a roll of the persons having office or employment under + the United States, as was proposed in my messages of December + 7 and 22. Neither is as perfect as could have been wished, + and the latter not so much so as further time and inquiry may + enable us to make it. + </p> + <p> + The great volume of these communications and the delay it + would produce to make out a second copy will, I trust, be + deemed a sufficient reason for sending one of them to the one + House, and the other to the other, with a request that they + may be interchanged for mutual information rather than to + subject both to further delay. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 18, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + In a message of the 2d instant I inclosed a letter from the + Secretary of War on the subject of certain lands in the + neighborhood of our military posts on which it might be + expedient for the Legislature to make some provisions. A + letter recently received from the governor of Indiana + presents some further views of the extent to which such + provision may be needed, I therefore now transmit it for the + information of Congress. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 24, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + I communicate to both Houses of Congress a report of the + Secretary of the Treasury on the subject of our marine + hospitals, which appear to require legislative attention. + </p> + <p> + As connected with the same subject, I also inclose + information respecting the situation of our seamen and + boatmen frequenting the port of New Orleans and suffering + there from sickness and the want of accommodation. There is + good reason to believe their numbers greater than stated in + these papers. When we consider how great a proportion of the + territory of the United States must communicate with that + port singly, and how rapidly that territory is increasing its + population and productions, it may perhaps be thought + reasonable to make hospital provisions there of a different + order from those at foreign ports generally. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 25, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + No occasion having arisen since the last account rendered by + my predecessor of making use of any part of the moneys + heretofore granted to defray the contingent charges of the + Government, I now transmit to Congress an official statement + thereof to the 31st day of December last, when the whole + unexpended balance, amounting to $20,911.80, was carried to + the credit of the surplus fund, as provided for by law, and + this account consequently becomes finally closed, + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 26, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + Some statements have been lately received of the causes + decided or depending in the courts of the Union in certain + States, supplementary or corrective of those from which was + formed the general statement accompanying my message at the + opening of the session. I therefore communicate them to + Congress, with a report of the Secretary of State noting + their effect on the former statement and correcting certain + errors in it which arose partly from inexactitude in some of + the returns and partly in analyzing, adding, and transcribing + them while hurried in preparing the other voluminous papers + accompanying that message. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 1, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + I transmit for the information of Congress letters recently + received from our consuls at Gibraltar and Algiers, + presenting the latest view of the state of our affairs with + the Barbary Powers. The sums due to the Government of Algiers + are now fully paid up, and of the gratuity which had been + promised to that of Tunis, and was in a course of + preparation, a small portion only remains still to be + finished and delivered. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 9, 1802. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + The governor of New York has desired that, in addition to the + negotiations with certain Indians already authorized under + the superintendence of John Taylor, further negotiations + should be held with the Oneidas and other members of the + Confederacy of the Six Nations for the purchase of lands in + and for the State of New York, which they are willing to + sell, as explained in the letter from the Secretary of War + herewith sent. I have therefore thought it better to name a + commissioner to superintend the negotiations specified with + the Six Nations generally, or with any of them. + </p> + <p> + I do accordingly nominate John Taylor, of New York, to be + commissioner for the United States, to hold a convention or + conventions between the State of New York and the Confederacy + of the Six Nations of Indians, or any of the nations + composing it. + </p> + <p> + This nomination, if advised and consented to by the Senate, + will comprehend and supersede that of February 1 of the same + John Taylor so far as it respected the Seneca Indians, + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 10, 1802. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + I now submit for the ratification of the Senate a treaty + entered into by the commissioners of the United States with + the Choctaw Nation of Indians, and I transmit therewith so + much of the instructions to the commissioners as related to + the Choctaws, with the minutes of their proceedings and the + letter accompanying them. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 29, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + The Secretary of State, charged with the civil affairs of the + several Territories of the United States, has received from + the marshal of Columbia a statement of the condition, + unavoidably distressing, of the persons committed to his + custody on civil or criminal process and the urgency for some + legislative provisions for their relief. There are other + important cases wherein the laws of the adjoining States + under which the Territory is placed, though adapted to the + purposes of those States, are insufficient for those of the + Territory from the dissimilar or defective organization of + its authorities. The letter and statement of the marshal and + the disquieting state of the Territory generally are now + submitted to the wisdom and consideration of the Legislature. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 29, 1802. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + The commissioners who were appointed to carry into execution + the sixth article of the treaty of amity, commerce, and + navigation between the United States and His Britannic + Majesty having differed in opinion as to the objects of that + article and discontinued their proceedings, the Executive of + the United States took early measures, by instructions to our + minister at the British Court, to negotiate explanations of + that article. This mode of resolving the difficulty, however, + proved unacceptable to the British Government, which chose + rather to avoid all further discussion and expense under that + article by fixing at a given sum the amount for which the + United States should be held responsible under it. Mr. King + was consequently authorized to meet this proposition, and a + settlement in this way has been effected by a convention + entered into with the British Government, and now + communicated for your advice and consent, together with the + instructions and correspondence relating to it. The greater + part of these papers being originals, the return of them is + requested at the convenience of the Senate. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 30, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + The Secretary of War has prepared an estimate of expenditures + for the Army of the United States during the year 1802, + conformably to the act fixing the military peace + establishment, which estimate, with his letter accompanying + and explaining it, I now transmit to both Houses of Congress. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 31, 1802. + </p> + <p> + <i>Gentlemen of the House of Representatives</i>: + </p> + <p> + According to the desire expressed in your resolution of the + 23d instant, I now transmit a report of the Secretary of + State, with the letters it refers to, shewing the proceedings + which have taken place under the resolution of Congress of + the 16th of April, 1800. The term prescribed for the + execution of the resolution having elapsed before the person + appointed had sat out on the service, I did not deem it + justifiable to commence a course of expenditure after the + expiration of the resolution authorizing it. The + correspondence which has taken place, having regard to dates, + will place this subject properly under the view of the House + of Representatives. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL, 8, 1802. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + In order to satisfy as far as it is in my power the desire + expressed in your resolution of the 6th instant, I now + transmit you a letter from John Read, agent for the United + States before the board of commissioners under the sixth + article of the treaty with Great Britain, to the + Attorney-General, bearing date the 25th of April, 1801, in + which he gives a summary view of the proceedings of those + commissioners and of the principles established or insisted + on by a majority of them. + </p> + <p> + Supposing it might be practicable for us to settle by + negotiation with Great Britain the principles which ought to + govern the decisions under the treaty, I caused instructions + to be given to Mr. Read to analyze the claims before the + board of commissioners, to class them under the principles on + which they respectively depended, and to state the sum + depending on each principle or the amount of each description + of debt. The object of this was that we might know what + principles were most important for us to contend for and what + others might be conceded without much injury. He performed + this duty, and gave in such a statement during the last + summer, but the chief clerk of the Secretary of State's + office being absent on account of sickness, and the only + person acquainted with the arrangement of the papers of the + office, this particular document can not at this time be + found. Having, however, been myself in possession of it a few + days after its receipt, I then transcribed from it for my own + use the recapitulation of the amount of each description of + debt. A copy of this transcript I shall subjoin hereto, with + assurances that it is substantially correct, and with the + hope that it will give a view of the subject sufficiently + precise to fulfill the wishes of the Senate. To save them the + delay of waiting till a copy of the agent's letter could be + made, I send the original, with the request that it may be + returned at the convenience of the Senate. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 15, 1802. + </p> + <p> + <i>Gentlemen of the House of Representatives</i>: + </p> + <p> + I now transmit the papers desired in your resolution of the + 6th instant. Those respecting the <i>Berceau</i> will + sufficiently explain themselves. The officer charged with her + repairs states in his letter, received August 27, 1801, that + he had been led by circumstances, which he explains, to go + considerably beyond his orders. In questions between nations, + who have no common umpire but reason, something must often be + yielded of mutual opinion to enable them to meet in a common + point. + </p> + <p> + The allowance which had been proposed to the officers of that + vessel being represented as too small for their daily + necessities, and still more so as the means of paying before + their departure debts contracted with our citizens for + subsistence, it was requested on their behalf that the daily + pay of each might be the measure of their allowance. + </p> + <p> + This being solicited and reimbursement assumed by the agent + of their nation, I deemed that the indulgence would have a + propitious effect in the moment of returning friendship. The + sum of $870.83 was accordingly furnished them for the five + months of past captivity and a proportional allowance + authorized until their embarkation. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 20, 1802. + </p> + <p> + <i>Gentlemen of the House of Representatives</i>: + </p> + <p> + I transmit you a report from the Secretary of State, with the + information desired by the House of Representatives, of the + 8th of January, relative to certain spoliations and other + proceedings therein referred to. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 26, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + In pursuance of the act entitled "An act supplemental to the + act entitled 'An act for an amicable settlement of limits + with the State of Georgia, and authorizing the establishment + of a government in the Mississippi Territory,'" James + Madison, Secretary of State, Albert Gallatin, Secretary of + the Treasury, and Levi Lincoln, Attorney-General of the + United States, were appointed commissioners to settle by + compromise with the commissioners appointed by the State of + Georgia the claims and cession to which the said act has + relation. + </p> + <p> + Articles of agreement and cession have accordingly been + entered into and signed by the said commissioners of the + United States and of Georgia, which, as they leave a right to + Congress to act upon them legislatively at any time within + six months after their date, I have thought it my duty + immediately to communicate to the Legislature. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 27, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + The commissioners who were appointed to carry into execution + the sixth article of the treaty of amity, commerce, and + navigation between the United States and Great Britain having + differed in their construction of that article, and separated + in consequence of that difference, the President of the + United States took immediate measures for obtaining + conventional explanations of that article for the government + of the commissioners. Finding, however, great difficulties + opposed to a settlement in that way, he authorized our + minister at the Court of London to meet a proposition that + the United States by the payment of a fixed sum should + discharge themselves from their responsibility for such debts + as can not be recovered from the individual debtors. A + convention has accordingly been signed, fixing the sum to be + paid at £600,000 in three equal and annual + installments, which has been ratified by me with the advice + and consent of the Senate. + </p> + <p> + I now transmit copies thereof to both Houses of Congress, + trusting that in the free exercise of the authority which the + Constitution has given them on the subject of public + expenditures they will deem it for the public interest to + appropriate the sums necessary for carrying this convention + into execution. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SECOND ANNUAL MESSAGE. + </h2> + <p class="r"> + December 15, 1802 + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + When we assemble together, fellow-citizens, to consider the + state of our beloved country, our just attentions are first + drawn to those pleasing circumstances which mark the goodness + of that Being from whose favor they flow and the large + measure of thankfulness we owe for His bounty. Another year + has come around, and finds us still blessed with peace and + friendship abroad; law, order, and religion at home; good + affection and harmony with our Indian neighbors; our burthens + lightened, yet our income sufficient for the public wants, + and the produce of the year great beyond example. These, + fellow-citizens, are the circumstances under which we meet, + and we remark with special satisfaction those which under the + smiles of Providence result from the skill, industry, and + order of our citizens, managing their own affairs in their + own way and for their own use, unembarrassed by too much + regulation, unoppressed by fiscal exactions. + </p> + <p> + On the restoration of peace in Europe that portion of the + general carrying trade which had fallen to our share during + the war was abridged by the returning competition of the + belligerent powers. This was to be expected, and was just. + But in addition we find in some parts of Europe monopolizing + discriminations, which in the form of duties tend effectually + to prohibit the carrying thither our own produce in our own + vessels. From existing amities and a spirit of justice it is + hoped that friendly discussion will produce a fair and + adequate reciprocity. But should false calculations of + interest defeat our hope, it rests with the Legislature to + decide whether they will meet inequalities abroad with + countervailing inequalities at home, or provide for the evil + in any other way. + </p> + <p> + It is with satisfaction I lay before you an act of the + British Parliament anticipating this subject so far as to + authorize a mutual abolition of the duties and countervailing + duties permitted under the treaty of 1794. It shows on their + part a spirit of justice and friendly accommodation which it + is our duty and our interest to cultivate with all nations. + Whether this would produce a due equality in the navigation + between the two countries is a subject for your + consideration. + </p> + <p> + Another circumstance which claims attention as directly + affecting the very source of our navigation is the defect or + the evasion of the law providing for the return of seamen, + and particularly of those belonging to vessels sold abroad. + Numbers of them, discharged in foreign ports, have been + thrown on the hands of our consuls, who, to rescue them from + the dangers into which their distresses might plunge them and + save them to their country, have found it necessary in some + cases to return them at the public charge. + </p> + <p> + The cession of the Spanish Province of Louisiana to France, + which took place in the course of the late war, will, if + carried into effect, make a change in the aspect of our + foreign relations which will doubtless have just weight in + any deliberations of the Legislature connected with that + subject. + </p> + <p> + There was reason not long since to apprehend that the warfare + in which we were engaged with Tripoli might be taken up by + some other of the Barbary Powers. A reenforcement, therefore, + was immediately ordered to the vessels already there. + Subsequent information, however, has removed these + apprehensions for the present. To secure our commerce in that + sea with the smallest force competent, we have supposed it + best to watch strictly the harbor of Tripoli. Still, however, + the shallowness of their coast and the want of smaller + vessels on our part has permitted some cruisers to escape + unobserved, and to one of these an American vessel + unfortunately fell a prey. The captain, one American seaman, + and two others of color remain prisoners with them unless + exchanged under an agreement formerly made with the Bashaw, + to whom, on the faith of that, some of his captive subjects + had been restored. + </p> + <p> + The convention with the State of Georgia has been ratified by + their legislature, and a repurchase from the Creeks has been + consequently made of a part of the Talasscee country. In this + purchase has been also comprehended a part of the lands + within the fork of Oconee and Oakmulgee rivers. The + particulars of the contract will be laid before Congress so + soon as they shall be in a state for communication. + </p> + <p> + In order to remove every ground of difference possible with + our Indian neighbors, I have proceeded in the work of + settling with them and marking the boundaries between us. + That with the Choctaw Nation is fixed in one part and will be + through the whole within a short time. The country to which + their title had been extinguished before the Revolution is + sufficient to receive a very respectable population, which + Congress will probably see the expediency of encouraging so + soon as the limits shall be declared. We are to view this + position as an outpost of the United States, surrounded by + strong neighbors and distant from its support; and how far + that monopoly which prevents population should here be + guarded against and actual habitation made a condition of the + continuance of title will be for your consideration. A prompt + settlement, too, of all existing rights and claims within + this territory presents itself as a preliminary operation. + </p> + <p> + In that part of the Indiana Territory which includes + Vincennes the lines settled with the neighboring tribes fix + the extinction of their title at a breadth of 24 leagues from + east to west and about the same length parallel with and + including the Wabash. They have also ceded a tract of 4 miles + square, including the salt springs near the mouth of that + river. + </p> + <p> + In the Department of Finance it is with pleasure I inform you + that the receipts of external duties for the last twelve + months have exceeded those of any former year, and that the + ratio of increase has been also greater than usual. This has + enabled us to answer all the regular exigencies of + Government, to pay from the Treasury within one year upward + of $8,000,000, principal and interest, of the public debt, + exclusive of upward of one million paid by the sale of bank + stock, and making in the whole a reduction of nearly five + millions and a half of principal, and to have now in the + Treasury $4,500,000, which are in a course of application to + the further discharge of debt and current demands. + Experience, too, so far, authorizes us to believe, if no + extraordinary event supervenes, and the expenses which will + be actually incurred shall not be greater than were + contemplated by Congress at their last session, that we shall + not be disappointed in the expectations then formed. But + nevertheless, as the effect of peace on the amount of duties + is not yet fully ascertained, it is the more necessary to + practice every useful economy and to incur no expense which + may be avoided without prejudice. + </p> + <p> + The collection of the internal taxes having been completed in + some of the States, the officers employed in it are of course + out of commission. In others they will be so shortly. But in + a few, where the arrangements for the direct tax had been + retarded, it will be some time before the system is closed. + It has not yet been thought necessary to employ the agent + authorized by an act of the last session for transacting + business in Europe relative to debts and loans. Nor have we + used the power confided by the same act of prolonging the + foreign debt by reloans, and of redeeming instead thereof an + equal sum of the domestic debt. Should, however, the + difficulties of remittance on so large a scale render it + necessary at any time, the power shall be executed and the + money thus unemployed abroad shall, in conformity with that + law, be faithfully applied here in an equivalent extinction + of domestic debt. When effects so salutary result from the + plans you have already sanctioned; when merely by avoiding + false objects of expense we are able, without a direct tax, + without internal taxes, and without borrowing to make large + and effectual payments toward the discharge of our public + debt and the emancipation of our posterity from that mortal + canker, it is an encouragement, fellow-citizens, of the + highest order to proceed as we have begun in substituting + economy for taxation, and in pursuing what is useful for a + nation placed as we are, rather than what is practiced by + others under different circumstances. And whensoever we are + destined to meet events which shall call forth all the + energies of our countrymen, we have the firmest reliance on + those energies and the comfort of leaving for calls like + these the extraordinary resources of loans and internal + taxes. In the meantime, by payments of the principal of our + debt, we are liberating annually portions of the external + taxes and forming from them a growing fund still further to + lessen the necessity of recurring to extraordinary resources. + </p> + <p> + The usual account of receipts and expenditures for the last + year, with an estimate of the expenses of the ensuing one, + will be laid before you by the Secretary of the Treasury. + </p> + <p> + No change being deemed necessary in our military + establishment, an estimate of its expenses for the ensuing + year on its present footing, as also of the sums to be + employed in fortifications and other objects within that + department, has been prepared by the Secretary of War, and + will make a part of the general estimates which will be + presented you. + </p> + <p> + Considering that our regular troops are employed for local + purposes, and that the militia is our general reliance for + great and sudden emergencies, you will doubtless think this + institution worthy of a review, and give it those + improvements of which you find it susceptible. + </p> + <p> + Estimates for the Naval Department, prepared by the Secretary + of the Navy, for another year will in like manner be + communicated with the general estimates. A small force in the + Mediterranean will still be necessary to restrain the + Tripoline cruisers, and the uncertain tenure of peace with + some other of the Barbary Powers may eventually require that + force to be augmented. The necessity of procuring some + smaller vessels for that service will raise the estimate, but + the difference in their maintenance will soon make it a + measure of economy. + </p> + <p> + Presuming it will be deemed expedient to expend annually a + convenient sum toward providing the naval defense which our + situation may require, I can not but recommend that the first + appropriations for that purpose may go to the saving what we + already possess. No cares, no attentions, can preserve + vessels from rapid decay which lie in water and exposed to + the sun. These decays require great and constant repairs, and + will consume, if continued, a great portion of the moneys + destined to naval purposes. To avoid this waste of our + resources it is proposed to add to our navy-yard here a dock + within which our present vessels may be laid up dry and under + cover from the sun. Under these circumstances experience + proves that works of wood will remain scarcely at all + affected by time. The great abundance of running water which + this situation possesses, at heights far above the level of + the tide, if employed as is practiced for lock navigation, + furnishes the means for raising and laying up our vessels on + a dry and sheltered bed. And should the measure be found + useful here, similar depositories for laying up as well as + for building and repairing vessels may hereafter be + undertaken at other navy-yards offering the same means. The + plans and estimates of the work, prepared by a person of + skill and experience, will be presented to you without delay, + and from this it will be seen that scarcely more than has + been the cost of one vessel is necessary to save the whole, + and that the annual sum to be employed toward its completion + may be adapted to the views of the Legislature as to naval + expenditure. + </p> + <p> + To cultivate peace and maintain commerce and navigation in + all their lawful enterprises; to foster our fisheries as + nurseries of navigation and for the nurture of man, and + protect the manufactures adapted to our circumstances; to + preserve the faith of the nation by an exact discharge of its + debts and contracts, expend the public money with the same + care and economy we would practice with our own, and impose + on our citizens no unnecessary burthens; to keep in all + things within the pale of our constitutional powers, and + cherish the federal union as the only rock of + safety—these, fellow-citizens, are the landmarks by + which we are to guide our selves in all our proceedings. By + continuing to make these the rule of our action we shall + endear to our countrymen the true principles of their + Constitution and promote an union of sentiment and of action + equally auspicious to their happiness and safety. On my part, + you may count on a cordial concurrence in every measure for + the public good and on all the information I possess which + may enable you to discharge to advantage the high functions + with which you are invested by your country. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + December 22, 1802. + </p> + <p> + <i>Gentlemen of the House of Representatives</i>: + </p> + <p> + I now transmit a report from the Secretary of State with the + information requested in your resolution of the 17th instant. + </p> + <p> + In making this communication I deem it proper to observe that + I was led by the regard due to the rights and interests of + the United States and to the just sensibility of the portion + of our fellow-citizens more immediately affected by the + irregular proceeding at New Orleans to lose not a moment in + causing every step to be taken which the occasion claimed + from me, being equally aware of the obligation to maintain in + all cases the rights of the nation and to employ for that + purpose those just and honorable means which belong to the + character of the United States. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 23, 1802. + </p> + <p> + <i>Gentlemen of the House of Representatives</i>. + </p> + <p> + In pursuance of the resolution of the House of + Representatives of the 3d of May last, desiring a statement + of expenditures from January 1, 1797, by the + Quartermaster-General and the navy agents, for the + contingencies of the naval and military establishments and + the navy contracts for timber and stores, I now transmit such + statements from the offices of the Secretaries of the + Treasury, War, and Navy, where alone these expenditures are + entered. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 27, 1802. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + I lay before you a treaty, which has been agreed to by + commissioners duly authorized on the part of the United + States and the Creek Nation of Indians, for the + extinguishment of the native title to lands in the Talassee + County, and others between the forks of Oconce and Oakmulgee + rivers, in Georgia, in pursuance of the convention with that + State, together with the documents explanatory thereof; and + it is submitted to your determination whether you will advise + and consent to the ratification thereof. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 27, 1802. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + I lay before you a treaty, which has been concluded between + the State of New York and the Oneida Indians, for the + purchase of lands within that State. + </p> + <p> + One other, between the same State and the Seneca Indians, for + the purchase of other lands within the same State. + </p> + <p> + One other, between certain individuals styled the Holland + Company with the Senecas, for the exchange of certain lands + in the same State. + </p> + <p> + And one other, between Oliver Phelps, a citizen of the United + States, and the Senecas, for the exchange of lands in the + same State; with sundry explanatory papers, all of them + conducted under the superintendence of a commissioner on the + part of the United States, who reports that they have been + adjusted with the fair and free consent and understanding of + the parties. It is therefore submitted to your determination + whether you will advise and consent to their respective + ratifications. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 27, 1802. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + In my message of the 15th instant I mentioned that plans and + estimates of a dry dock for the preservation of our ships of + war, prepared by a person of skill and experience, should be + laid before you without delay. These are now transmitted, the + report and estimates by duplicates; but the plans being + single only, I must request an intercommunication of them + between the Houses and their return when they shall no longer + be wanting for their consideration. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 30, 1802. + </p> + <p> + <i>Gentlemen of the House of Representatives</i>: + </p> + <p> + In addition to the information accompanying my message of the + 22d instant, I now transmit the copy of a letter on the same + subject, recently received. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 30, 1802</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES. + </p> + <p> + SIR: Although an informal communication to the public of the + substance of the inclosed letter may be proper for quieting + the public mind, yet I refer to the consideration of the + House of Representatives whether the publication of it in + form might not give dissatisfaction to the writer and tend to + discourage the freedom and confidence of communications + between the agents of the two Governments. Accept assurances + of my high consideration and respect. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NATCHEZ, <i>November 25, 1802</i>. + </p> + <p> + The Honorable the Secretary of State, + </p> + <p> + <i>Washington</i>. + </p> + <p> + SIR: I have the honor to inclose you an original copy of a + communication (together with a translation thereof) which I + this morning received from the governor-general of the + Province of Louisiana in answer to my letters of the 28th + ultimo. + </p> + <p> + I am, sir, with respect and esteem, your humble servant, + </p> + <p class="r"> + WILLIAM C.C. CLAIBORNE. + </p> + <p> + + </p> + <p> + + </p> + <center> + [Translation.] + </center> + <p class="r"> + New Orleans, <i>November 15, 1802</i>. + </p> + <p> + His Excellency WILLIAM C.C. CLAIBORNE. + </p> + <p> + Most Excellent Sir: I received a few days past your + excellency's esteemed letter of the 28th ultimo, in which + your excellency, referring to the twenty-second article of + the treaty of friendship, navigation, and limits agreed upon + between the King, my master, and the United States of + America, has been pleased to inquire, after transcribing the + literal text of said article (which you find so explicit as + not to require any comment nor to admit of dubious + construction), if His Majesty has been pleased to designate + any other position on the banks of the Mississippi, and where + that is, if his royal pleasure does not continue the + permission stipulated by the said treaty which entitled the + citizens of the United States to deposit their merchandise + and effects in the port of New Orleans; and you request at + the same time that, as the affair is so interesting to the + commerce of the United States and to the welfare of its + citizens, I may do you the favor to send you an answer as + early as possible. I can now assure your excellency that His + Catholic Majesty has not hitherto issued any order for + suspending the deposit, and consequently has not designated + any other position on the banks of the Mississippi for that + purpose. But I must inform you, in answer to your inquiry, + that the intendant of these provinces (who in the affairs of + his own department is independent of the general Government), + at the same time that, in conformity with the royal commands + (the peace in Europe having been published since the 4th of + May last), he suspended the commerce of neutrals, also + thought proper to suspend the tacit prolongation which + continued, and to put a stop to the infinite abuses which + resulted from the deposit, contrary to the interest of the + State and of the commerce of these colonies, in consequence + of the experience he acquired of the frauds which have been + committed and which it has been endeavored to excuse under + the pretext of ignorance, as is manifested by the number of + causes which now await the determination of His Majesty, as + soon as they can be brought to his royal knowledge, besides + many others which have been dropt because the individuals + have absconded who introduced their properties into the + deposit and did not extract them, thus defrauding the royal + interests. + </p> + <p> + It might appear on the first view that particular cases like + these ought not to operate against a general privilege + granted by a solemn treaty, and it is an incontestable + principle that the happiness of nations consists in a great + measure in maintaining a good harmony and correspondence with + their neighbors by respecting their rights, by supporting + their own, without being deficient in what is required by + humanity and civil intercourse; but it is also indubitable + that for a treaty, although solemn, to be entirely valid it + ought not to contain any defect; and if it be pernicious and + of an injurious tendency, although it has been effectuated + with good faith but without a knowledge of its bad + consequence, it will be necessary to undo it, because + treaties ought to be viewed like other acts of public will, + in which more attention ought to be paid to the intention + than to the words in which they are expressed; and thus it + will not appear so repugnant that the term of three years + fixed by the twenty-second article being completed without + the King's having granted a prolongation, the intendancy + should not, after putting a stop to the commerce of neutrals, + take upon itself the responsibility of continuing that favor + without the express mandate of the King, a circumstance + equally indispensable for designating another place on the + banks of the Mississippi. + </p> + <p> + From the foregoing I trust that you will infer that as it is + the duty of the intendant, who conducts the business of his + ministry with a perfect independence of the Government, to + have informed the King of what he has done in fulfillment of + what has been expressly stipulated, it is to be hoped that + His Majesty will take the measures which are convenient to + give effect to the deposit, either in this capital, if he + should not find it prejudicial to the interests of Spain, or + in the place on the banks of the Mississippi which it may be + his royal pleasure to designate; as it ought to be confided + that the justice and generosity of the King will not refuse + to afford to the American citizens all the advantages they + can desire, a measure which does not depend upon discretion, + nor can an individual chief take it upon himself. Besides + these principles on which the regulation of the intendant is + founded, I ought at the same time to inform you that I myself + opposed on my part, as far as I reasonably could, the measure + of suspending the deposit, until the reasons adduced by the + intendant brought it to my view; that as all events can not + be prevented, and as with time and different circumstances + various others occur which can not be foreseen, a just and + rational interpretation is always necessary. Notwithstanding + the foregoing, the result of my own reflections, I + immediately consulted on the occasion with my + captain-general, whose answer, which can not be long delayed, + will dissipate every doubt that may be raised concerning the + steps which are to be taken, By all means your excellency may + live in the firm persuasion that as there has subsisted, and + does subsist, the most perfect and constant good harmony + between the King, my master, and the United States of + America, I will spare no pains to preserve it by all the + means in my power, being assured of a reciprocity of equal + good offices in observing the treaty with good faith, ever + keeping it in view that the felicity and glory of nations are + deeply concerned in the advantages of a wise and prudently + conducted commerce. + </p> + <p> + I have the honor to assure your excellency of the respect and + high consideration which I profess for you; and I pray the + Most High to preserve your life many years. + </p> + <p> + I kiss your excellency's hands. + </p> + <p> + Your most affectionate servant, + </p> + <p class="r"> + MANUEL DE SALCEDO. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 5, 1803. + </p> + <p> + <i>Gentlemen of the House of Representatives</i>: + </p> + <p> + Agreeably to the request of the House of Representatives, I + now transmit a statement of the militia of those States from + which any returns have been made to the War Office. They are, + as you will perceive, but a small proportion of the whole. I + send you also the copy of a circular letter written some time + since for the purpose of obtaining returns from all the + States. Should any others in consequence of this be made + during the session of Congress, they shall be immediately + communicated. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 7, 1803. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + I submit for your approbation and consent a convention + entered into with the Choctaw Nation of Indians for + ascertaining and marking the limits of the territory ceded to + our nation while under its former government, and lying + between the Tombigbee and Mobile rivers on the east and the + Chickasawhay River on the west. + </p> + <p> + We are now engaged in ascertaining and marking in like manner + the limits of the former cessions of the Choctaws from the + river Yazoo to our southern boundary, which will be the + subject of another convention, and we expect to obtain from + the same nation a new cession of lands of considerable extent + between the Tombigbee and Alabama rivers. + </p> + <p> + These several tracts of country will compose that portion of + the Mississippi Territory which, so soon as certain + individual claims are arranged, the United States will be + free to sell and settle immediately. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 11, 1803. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + The cession of the Spanish Province of Louisiana to France, + and perhaps of the Floridas, and the late suspension of our + right of deposit at New Orleans are events of primary + interest to the United States. On both occasions such + measures were promptly taken as were thought most likely + amicably to remove the present and to prevent future causes + of inquietude. The objects of these measures were to obtain + the territory on the left bank of the Mississippi and + eastward of that, if practicable, on conditions to which the + proper authorities of our country would agree, or at least to + prevent any changes which might lessen the secure exercise of + our rights. While my confidence in our minister + plenipotentiary at Paris is entire and undiminished, I still + think that these objects might be promoted by joining with + him a person sent from hence directly, carrying with him the + feelings and sentiments of the nation excited on the late + occurrence, impressed by full communications of all the views + we entertain on this interesting subject, and thus prepared + to meet and to improve to an useful result the counter + propositions of the other contracting party, whatsoever form + their interests may give to them, and to secure to us the + ultimate accomplishment of our object. + </p> + <p> + I therefore nominate Robert R. Livingston to be minister + plenipotentiary and James Monroe to be minister extraordinary + and plenipotentiary, with full powers to both jointly, or to + either on the death of the other, to enter into a treaty or + convention with the First Consul of France for the purpose of + enlarging and more effectually securing our rights and + interests in the river Mississippi and in the Territories + eastward thereof. + </p> + <p> + But as the possession of these provinces is still in Spain, + and the course of events may retard or prevent the cession to + France being carried into effect, to secure our object it + will be expedient to address equal powers to the Government + of Spain also, to be used only in the event of its being + necessary. + </p> + <p> + I therefore nominate Charles Pinckney to be minister + plenipotentiary, and James Monroe, of Virginia, to be + minister extraordinary and plenipotentiary, with full powers + to both jointly, or to either on the death of the other, to + enter into a treaty or convention with His Catholic Majesty + for the purpose of enlarging and more effectually securing + our rights and interests in the river Mississippi and in the + Territories eastward thereof. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 11, 1803. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + The spoliations and irregularities committed on our commerce + during the late war by subjects of Spain or by others deemed + within her responsibility having called for attention, + instructions were accordingly given to our minister at Madrid + to urge our right to just indemnifications, and to propose a + convention for adjusting them. The Spanish Government + listened to our proposition with an honorable readiness and + agreed to a convention, which I now submit for your advice + and consent. It does not go to the satisfaction of all our + claims, but the express reservation of our right to press the + validity of the residue has been made the ground of further + instructions to our minister on the subject of an additional + article, which it is to be hoped will not be without effect. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 18, 1803. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + As the continuance of the act for establishing trading houses + with the Indian tribes will be under the consideration of the + Legislature at its present session, I think it my duty to + communicate the views which have guided me in the execution + of that act, in order that you may decide on the policy of + continuing it in the present or any other form, or + discontinue it altogether if that shall, on the whole, seem + most for the public good. + </p> + <p> + The Indian tribes residing within the limits of the United + States have for a considerable time been growing more and + more uneasy at the constant diminution of the territory they + occupy, although effected by their own voluntary sales, and + the policy has long been gaining strength with them of + refusing absolutely all further sale on any conditions, + insomuch that at this time it hazards their friendship and + excites dangerous jealousies and perturbations in their minds + to make any overture for the purchase of the smallest + portions of their land. A very few tribes only are not yet + obstinately in these dispositions. In order peaceably to + counteract this policy of theirs and to provide an extension + of territory which the rapid increase of our numbers will + call for, two measures are deemed expedient. First. To + encourage them to abandon hunting, to apply to the raising + stock, to agriculture, and domestic manufacture, and thereby + prove to themselves that less land and labor will maintain + them in this better than in their former mode of living. The + extensive forests necessary in the hunting life will then + become useless, and they will see advantage in exchanging + them for the means of improving their farms and of increasing + their domestic comforts. Secondly. To multiply trading houses + among them, and place within their reach those things which + will contribute more to their domestic comfort than the + possession of extensive but uncultivated wilds. Experience + and reflection will develop to them the wisdom of exchanging + what they can spare and we want for what we can spare and + they want. In leading them thus to agriculture, to + manufactures, and civilization; in bringing together their + and our sentiments, and in preparing them ultimately to + participate in the benefits of our Government, I trust and + believe we are acting for their greatest good. At these + trading houses we have pursued the principles of the act of + Congress which directs that the commerce shall be carried on + liberally, and requires only that the capital stock shall not + be diminished. We consequently undersell private traders, + foreign and domestic, drive them from the competition, and + thus, with the good will of the Indians, rid ourselves of a + description of men who are constantly endeavoring to excite + in the Indian mind suspicions, fears, and irritations toward + us. A letter now inclosed shows the effect of our competition + on the operations of the traders, while the Indians, + perceiving the advantage of purchasing from us, are + soliciting generally our establishment of trading houses + among them. In one quarter this is particularly interesting. + The legislature, reflecting on the late occurrences on the + Mississippi, must be sensible how desirable it is to possess + a respectable breadth of country on that river, from our + southern limit to the Illinois, at least, so that we may + present as firm a front on that as on our eastern border. We + possess what is below the Yazoo, and can probably acquire a + certain breadth from the Illinois and Wabash to the Ohio; but + between the Ohio and Yazoo the country all belongs to the + Chickasaws, the most friendly tribe within our limits, but + the most decided against the alienation of lands. The portion + of their country most important for us is exactly that which + they do not inhabit. Their settlements are not on the + Mississippi, but in the interior country. They have lately + shown a desire to become agricultural, and this leads to the + desire of buying implements and comforts. In the + strengthening and gratifying of these wants I see the only + prospect of planting on the Mississippi itself the means of + its own safety. Duty has required me to submit these views to + the judgment of the Legislature, but as their disclosure + might embarrass and defeat their effect, they are committed + to the special confidence of the two Houses. + </p> + <p> + While the extension of the public commerce among the Indian + tribes may deprive of that source of profit such of our + citizens as are engaged in it, it might be worthy the + attention of Congress in their care of individual as well as + of the general interest to point in another direction the + enterprise of these citizens, as profitably for themselves + and more usefully for the public. The river Missouri and the + Indians inhabiting it are not as well known as is rendered + desirable by their connection with the Mississippi, and + consequently with us. It is, however, understood that the + country on that river is inhabited by numerous tribes, who + furnish great supplies of furs and peltry to the trade of + another nation, carried on in a high latitude through an + infinite number of portages and lakes shut up by ice through + a long season. The commerce on that line could bear no + competition with that of the Missouri, traversing a moderate + climate, offering, according to the best accounts, a + continued navigation from its source, and possibly with a + single portage from the Western Ocean, and finding to the + Atlantic a choice of channels through the Illinois or Wabash, + the Lakes and Hudson, through the Ohio and Susquehanna, or + Potomac or James rivers, and through the Tennessee and + Savannah rivers. An intelligent officer, with ten or twelve + chosen men, fit for the enterprise and willing to undertake + it, taken from our posts where they may be spared without + inconvenience, might explore the whole line, even to the + Western Ocean, have conferences with the natives on the + subject of commercial intercourse, get admission among them + for our traders as others are admitted, agree on convenient + deposits for an interchange of articles, and return with the + information acquired in the course of two summers. Their arms + and accouterments, some instruments of observation, and light + and cheap presents for the Indians would be all the apparatus + they could carry, and with an expectation of a soldier's + portion of land on their return would constitute the whole + expense. Their pay would be going on whether here or there. + While other civilized nations have encountered great expense + to enlarge the boundaries of knowledge by undertaking voyages + of discovery, and for other literary purposes, in various + parts and directions, our nation seems to owe to the same + object, as well as to its own interests, to explore this the + only line of easy communication across the continent, and so + directly traversing our own part of it. The interests of + commerce place the principal object within the constitutional + powers and care of Congress, and that it should incidentally + advance the geographical knowledge of our own continent can + not but be an additional gratification. The nation claiming + the territory, regarding this as a literary pursuit, which it + is in the habit of permitting within its dominions, would not + be disposed to view it with jealousy, even if the expiring + state of its interests there did not render it a matter of + indifference. The appropriation of $2,500 "for the purpose of + extending the external commerce of the United States," while + understood and considered by the Executive as giving the + legislative sanction, would cover the undertaking from notice + and prevent the obstructions which interested individuals + might otherwise previously prepare in its way. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 18, 1803. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + I inclose a report of the Secretary of War, stating the + trading houses established in the Indian territories, the + progress which has been made in the course of the last year + in settling and marking boundaries with the different tribes, + the purchases of lands recently made from them, and the + prospect of further progress in marking boundaries and in new + extinguishments of title in the year to come, for which some + appropriations of money will be wanting. + </p> + <p> + To this I have to add that when the Indians ceded to us the + salt springs on the Wabash they expressed a hope that we + would so employ them as to enable them to procure there the + necessary supplies of salt. Indeed, it would be the most + proper and acceptable form in which the annuity could be paid + which we propose to give them for the cession. These springs + might at the same time be rendered eminently serviceable to + our Western inhabitants by using them as the means of + counteracting the monopolies of supplies of salt and of + reducing the price in that country to a just level. For these + purposes a small appropriation would be necessary to meet the + first expenses, after which they should support themselves + and repay those advances. These springs are said to possess + the advantage of being accompanied with a bed of coal. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 19, 1803. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + I now lay before Congress the annual account of the fund + established for defraying the contingent charges of + Government. A single article of $1,440, paid for bringing + home 72 seamen discharged in foreign ports from vessels sold + abroad, is the only expenditure from that fund, leaving an + unexpended balance of $18,560 in the Treasury. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 24. 1803. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + I transmit a report by the superintendent of the city of + Washington on the affairs of the city committed to his care. + By this you will perceive that the resales of lots prescribed + by an act of the last session of Congress did not produce a + sufficiency to pay the debt to Maryland to which they are + appropriated, and as it was evident that the sums necessary + for the interest and installments due to that State could not + be produced by a sale of the other public lots without an + unwarrantable sacrifice of the property, the deficiencies + were of necessity drawn from the Treasury of the United + States. + </p> + <p> + The office of the surveyor for the city, created during the + former establishment, being of indispensable necessity, it + has been continued, and to that of the superintendent, + substituted instead of the board of commissioners at the last + session of Congress, no salary was annexed by law. These + offices being permanent, I have supposed it more agreeable to + principle that their salaries should be fixed by the + Legislature, and therefore have assigned them none. Their + services to be compensated are from the 1st day of June last. + </p> + <p> + The marshal of the District of Columbia has, as directed by + law, caused a jail to be built in the city of Washington. I + inclose his statements of the expenses already incurred and + of what remains to be finished. The portion actually + completed has rendered the situation of the persons confined + much more comfortable and secure than it has been heretofore. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 3, 1803. + </p> + <p> + <i>Gentlemen of the House of Representatives</i>: + </p> + <p> + The inclosed letter and affidavits exhibiting matter of + complaint against John Pickering, district judge of New + Hampshire, which is not within Executive cognizance, I + transmit them to the House of Representatives, to whom the + Constitution has confided a power of instituting proceedings + of redress, if they shall be of opinion that the case calls + for them. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 14, 1803. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + In obedience to the ordinance for the government of the + Territories of the United States requiring that the laws + adopted by the governor and judges thereof shall be reported + to Congress from time to time, I now transmit those which + have been adopted in the Indiana Territory from January, + 1801, to February, 1802, as forwarded to the office of the + Secretary of State. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 21, 1803. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + The Tuscarora Indians, having an interest in some lands + within the State of North Carolina, asked the superintendence + of the Government of the United States over a treaty to be + held between them and the State of North Carolina respecting + these lands. William Richardson Davie was appointed a + commissioner for this purpose, and a treaty was concluded + under his superintendence. This, with his letter on the + subject, is now laid before the Senate for their advice and + consent whether it shall be ratified. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 23, 1803. + </p> + <p> + <i>Gentlemen of the Senate and House of Representatives</i>: + </p> + <p> + I lay before you a report of the Secretary of State on the + case of the Danish brigantine <i>Henrick</i>, taken by a + French privateer in 1799, retaken by an armed vessel of the + United States, carried into a British island, and there + adjudged to be neutral, but under allowance of such salvage + and costs as absorbed nearly the whole amount of sales of the + vessel and cargo. Indemnification for these losses occasioned + by our officers is now claimed by the sufferers, supported by + the representations of their Government. I have no doubt the + legislature will give to the subject that just attention and + consideration which it is useful as well as honorable to + practice in our transactions with other nations, and + particularly with one which has observed toward us the most + friendly treatment and regard. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From the National Intelligencer, July 18, 1803.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas great and weighty matters claiming the consideration + of the Congress of the United States form an extraordinary + occasion for convening them, I do by these presents appoint + Monday, the 17th day of October next, for their meeting at + the city of Washington, hereby requiring their respective + Senators and Representatives then and there to assemble in + Congress, in order to receive such communications as may then + be made to them and to consult and determine on such measures + as in their wisdom may be deemed meet for the welfare of the + United States. + </p> + <p> + [SEAL.] + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be hereunto affixed, and signed the same with my + hand. + </p> + <p> + Done at the city of Washington, the 16th day of July, A.D. + 1803, and in the twenty-eighth year of the Independence of + the United States. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + <br> + By the President:<br> + JAMES MADISON,<br> + <i>Secretary</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + THIRD ANNUAL MESSAGE. + </h2> + <p class="r"> + OCTOBER 17, 1803. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In calling you together, fellow-citizens, at an earlier day + than was contemplated by the act of the last session of + Congress, I have not been insensible to the personal + inconveniences necessarily resulting from an unexpected + change in your arrangements. But matters of great public + concernment have rendered this call necessary, and the + interests you feel in these will supersede in your minds all + private considerations. + </p> + <p> + Congress witnessed at their late session the extraordinary + agitation produced in the public mind by the suspension of + our right of deposit at the port of New Orleans, no + assignment of another place having been made according to + treaty. They were sensible that the continuance of that + privation would be more injurious to our nation than any + consequences which could flow from any mode of redress, but + reposing just confidence in the good faith of the Government + whose officer had committed the wrong, friendly and + reasonable representations were resorted to, and the right of + deposit was restored. + </p> + <p> + Previous, however, to this period we had not been unaware of + the danger to which our peace would be perpetually exposed + whilst so important a key to the commerce of the Western + country remained under foreign power. Difficulties, too, were + presenting themselves as to the navigation of other streams + which, arising within our territories, pass through those + adjacent. Propositions had therefore been authorized for + obtaining on fair conditions the sovereignty of New Orleans + and of other possessions in that quarter interesting to our + quiet to such extent as was deemed practicable, and the + provisional appropriation of $2,000,000 to be applied and + accounted for by the President of the United States, intended + as part of the price, was considered as conveying the + sanction of Congress to the acquisition proposed. The + enlightened Government of France saw with just discernment + the importance to both nations of such liberal arrangements + as might best and permanently promote the peace, friendship, + and interests of both, and the property and sovereignty of + all Louisiana which had been restored to them have on certain + conditions been transferred to the United States by + instruments bearing date the 30th of April last. When these + shall have received the constitutional sanction of the + Senate, they will without delay be communicated to the + Representatives also for the exercise of their functions as + to those conditions which are within the powers vested by the + Constitution in Congress. + </p> + <p> + Whilst the property and sovereignty of the Mississippi and + its waters secure an independent outlet for the produce of + the Western States and an uncontrolled navigation through + their whole course, free from collision with other powers and + the dangers to our peace from that source, the fertility of + the country, its climate and extent, promise in due season + important aids to our Treasury, an ample provision for our + posterity, and a wide spread for the blessings of freedom and + equal laws. + </p> + <p> + With the wisdom of Congress it will rest to take those + ulterior measures which may be necessary for the immediate + occupation and temporary government of the country; for its + incorporation into our Union; for rendering the change of + government a blessing to our newly adopted brethren; for + securing to them the rights of conscience and of property; + for confirming to the Indian inhabitants their occupancy and + self-government, establishing friendly and commercial + relations with them, and for ascertaining the geography of + the country acquired. Such materials, for your information, + relative to its affairs in general as the short space of time + has permitted me to collect will be laid before you when the + subject shall be in a state for your consideration. + </p> + <p> + Another important acquisition of territory has also been made + since the last session of Congress. The friendly tribe of + Kaskaskia Indians, with which we have never had a difference, + reduced by the wars and wants of savage life to a few + individuals unable to defend themselves against the + neighboring tribes, has transferred its country to the United + States, reserving only for its members what is sufficient to + maintain them in an agricultural way. The considerations + stipulated are that we shall extend to them our patronage and + protection and give them certain annual aids in money, in + implements of agriculture, and other articles of their + choice. This country, among the most fertile within our + limits, extending along the Mississippi from the mouth of the + Illinois to and up the Ohio, though not so necessary as a + barrier since the acquisition of the other bank, may yet be + well worthy of being laid open to immediate settlement, as + its inhabitants may descend with rapidity in support of the + lower country should future circumstances expose that to + foreign enterprise. As the stipulations in this treaty also + involve matters within the competence of both Houses only, it + will be laid before Congress as soon as the Senate shall have + advised its ratification. + </p> + <p> + With many of the other Indian tribes improvements in + agriculture and household manufacture are advancing, and with + all our peace and friendship are established on grounds much + firmer than heretofore. The measure adopted of establishing + trading houses among them and of furnishing them necessaries + in exchange for their commodities at such moderate prices as + leave no gain, but cover us from loss, has the most + conciliatory and useful effect on them, and is that which + will best secure their peace and good will. + </p> + <p> + The small vessels authorized by Congress with a view to the + Mediterranean service have been sent into that sea, and will + be able more effectually to confine the Tripoline cruisers + within their harbors and supersede the necessity of convoy to + our commerce in that quarter. They will sensibly lessen the + expenses of that service the ensuing year. + </p> + <p> + A further knowledge of the ground in the northeastern and + northwestern angles of the United States has evinced that the + boundaries established by the treaty of Paris between the + British territories and ours in those parts were too + imperfectly described to be susceptible of execution. It has + therefore been thought worthy of attention for preserving and + cherishing the harmony and useful intercourse subsisting + between the two nations to remove by timely arrangements what + unfavorable incidents might otherwise render a ground of + future misunderstanding. A convention has therefore been + entered into which provides for a practicable demarcation of + those limits to the satisfaction of both parties. + </p> + <p> + An account of the receipts and expenditures of the year + ending the 30th of September last, with the estimates for the + service of the ensuing year, will be laid before you by the + Secretary of the Treasury so soon as the receipts of the last + quarter shall be returned from the more distant States. It is + already ascertained that the amount paid into the Treasury + for that year has been between $11,000,000 and $12,000,000, + and that the revenue accrued during the same term exceeds the + sum counted on as sufficient for our current expenses and to + extinguish the public debt within the period heretofore + proposed. + </p> + <p> + The amount of debt paid for the same year is about + $3,100,000, exclusive of interest, and making, with the + payment of the preceding year, a discharge of more than + $8,500,000 of the principal of that debt, besides the + accruing interest; and there remain in the Treasury nearly + $6,000,000. Of these, $880,000 have been reserved for payment + of the first installment due under the British convention of + January 8, 1802, and two millions are what have been before + mentioned as placed by Congress under the power and + accountability of the President toward the price of New + Orleans and other territories acquired, which, remaining + untouched, are still applicable to that object and go in + diminution of the sum to be funded for it. + </p> + <p> + Should the acquisition of Louisiana be constitutionally + confirmed and carried into effect, a sum of nearly + $13,000,000 will then be added to our public debt, most of + which is payable after fifteen years, before which term the + present existing debts will all be discharged by the + established operation of the sinking fund. When we + contemplate the ordinary annual augmentation of impost from + increasing population and wealth, the augmentation of the + same revenue by its extension to the new acquisition, and the + economies which may still be introduced into our public + expenditures, I can not but hope that Congress in reviewing + their resources will find means to meet the intermediate + interest of this additional debt without recurring to new + taxes, and applying to this object only the ordinary + progression of our revenue. Its extraordinary increase in + times of foreign war will be the proper and sufficient fund + for any measures of safety or precaution which that state of + things may render necessary in our neutral position. + </p> + <p> + Remittances for the installments of our foreign debt having + been found practicable without loss, it has not been thought + expedient to use the power given by a former act of Congress + of continuing them by reloans, and of redeeming instead + thereof equal sums of domestic debt, although no difficulty + was found in obtaining that accommodation. + </p> + <p> + The sum of $50,000 appropriated by Congress for providing + gunboats remains unexpended. The favorable and peaceable turn + of affairs on the Mississippi rendered an immediate execution + of that law unnecessary, and time was desirable in order that + the institution of that branch of our force might begin on + models the most approved by experience, The same issue of + events dispensed with a resort to the appropriation of + $1,500,000, contemplated for purposes which were effected by + happier means. + </p> + <p> + We have seen with sincere concern the flames of war lighted + up again in Europe, and nations with which we have the most + friendly and useful relations engaged in mutual destruction. + While we regret the miseries in which we see others involved, + let us bow with gratitude to that kind Providence which, + inspiring with wisdom and moderation our late legislative + councils while placed under the urgency of the greatest + wrongs, guarded us from hastily entering into the sanguinary + contest and left us only to look on and to pity its ravages. + These will be heaviest on those immediately engaged. Yet the + nations pursuing peace will not be exempt from all evil. In + the course of this conflict let it be our endeavor, as it is + our interest and desire, to cultivate the friendship of the + belligerent nations by every act of justice and of innocent + kindness; to receive their armed vessels with hospitality + from the distresses of the sea, but to administer the means + of annoyance to none; to establish in our harbors such a + police as may maintain law and order; to restrain our + citizens from embarking individually in a war in which their + country takes no part; to punish severely those persons, + citizen or alien, who shall usurp the cover of our flag for + vessels not entitled to it, infecting thereby with suspicion + those of real Americans and committing us into controversies + for the redress of wrongs not our own; to exact from every + nation the observance toward our vessels and citizens of + those principles and practices which all civilized people + acknowledge; to merit the character of a just nation, and + maintain that of an independent one, preferring every + consequence to insult and habitual wrong. Congress will + consider whether the existing laws enable us efficaciously to + maintain this course with our citizens in all places and with + others while within the limits of our jurisdiction, and will + give them the new modifications necessary for these objects. + Some contraventions of right have already taken place, both + within our jurisdictional limits and on the high seas. The + friendly disposition of the Governments from whose agents + they have proceeded, as well as their wisdom and regard for + justice, leave us in reasonable expectation that they will be + rectified and prevented in future, and that no act will be + countenanced by them which threatens to disturb our friendly + intercourse. Separated by a wide ocean from the nations of + Europe and from the political interests which entangle them + together, with productions and wants which render our + commerce and friendship useful to them and theirs to us, it + can not be the interest of any to assail us, nor ours to + disturb them. We should be most unwise, indeed, were we to + cast away the singular blessings of the position in which + nature has placed us, the opportunity she has endowed us with + of pursuing, at a distance from foreign contentions, the + paths of industry, peace, and happiness, of cultivating + general friendship, and of bringing collisions of interest to + the umpirage of reason rather than of force. How desirable, + then, must it be in a Government like ours to see its + citizens adopt individually the views, the interests, and the + conduct which their country should pursue, divesting + themselves of those passions and partialities which tend to + lessen useful friendships and to embarrass and embroil us in + the calamitous scenes of Europe. Confident, fellow-citizens, + that you will duly estimate the importance of neutral + dispositions toward the observance of neutral conduct, that + you will be sensible how much it is our duty to look on the + bloody arena spread before us with commiseration indeed, but + with no other wish than to see it closed, I am persuaded you + will cordially cherish these dispositions in all discussions + among yourselves and in all communications with your + constituents; and I anticipate with satisfaction the measures + of wisdom which the great interests now committed to you will + give <i>you</i> an opportunity of providing, and + <i>myself</i> that of approving and of carrying into + execution with the fidelity I owe to my country, + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + OCTOBER 17, 1803. + </p> + <p> + <i>Gentlemen of the Senate</i>: + </p> + <p> + In my message of this day to both Houses of Congress I + explained the circumstances which had led to the conclusion + of conventions with France for the cession of the Province of + Louisiana to the United States. Those conventions are now + laid before you with such communications relating to them as + may assist in deciding whether you will advise and consent to + their ratification. + </p> + <p> + The ratification of the First Consul of France is in the + hands of his chargé d'affaires here, to be exchanged + for that of the United States whensoever, before the 30th + instant, it shall be in readiness. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + OCTOBER 21, 1803. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In my communication to you of the 17th instant I informed you + that conventions had been entered into with the Government of + France for the cession of Louisiana to the United States. + These, with the advice and consent of the Senate, having now + been ratified and my ratification exchanged for that of the + First Consul of France in due form, they are communicated to + you for consideration in your legislative capacity. You will + observe that some important conditions can not be carried + into execution but with the aid of the Legislature, and that + time presses a decision on them without delay. + </p> + <p> + The ulterior provisions, also suggested in the same + communication, for the occupation and government of the + country will call for early attention. Such information + relative to its government as time and distance have + permitted me to obtain will be ready to be laid before you + within a few days; but as permanent arrangements for this + object may require time and deliberation, it is for your + consideration whether you will not forthwith make such + temporary provisions for the preservation in the meanwhile of + order and tranquillity in the country as the case may + require. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + OCTOBER 24, 1803. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before you the convention signed on the 12th day of May + last between the United States and Great Britain for settling + their boundaries in the northeastern and northwestern parts + of the United States, which was mentioned in my general + message of the 17th instant, together with such papers + relating thereto as may enable you to determine whether you + will advise and consent to its ratification. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + OCTOBER 31, 1803. + </p> + <p> + <i>To the Senate of the United States of America</i>: + </p> + <p> + I now lay before you the treaty mentioned im my general + message at the opening of the session as having been + concluded with the Kaskaskia Indians for the transfer of + their country to us under certain reservations and + conditions. + </p> + <p> + Progress having been made in the demarcation of Indian + boundaries, I am now able to communicate, to you a treaty + with the Delawares, Shawanese, Potawatamies, Miamis, + Eel-rivers, Weeas, Kickapoos, Piankeshaws, and Kaskaskias, + establishing the boundaries of the territory around St. + Vincennes. + </p> + <p> + Also a supplementary treaty with the Eel-rivers, Wyandots, + Piankeshaws, Kaskaskias, and Kickapoos, in confirmation of + the fourth article of the preceding treaty. + </p> + <p> + Also a treaty with the Choctaws, describing and establishing + our demarcation of boundaries with them. + </p> + <p> + Which several treaties are accompanied by the papers relating + to them, and are now submitted to the Senate for + consideration whether they will advise and consent to their + ratification. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 4, 1803. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + By the copy now communicated of a letter from Captain + Bainbridge, of the <i>Philadelphia</i> frigate, to our consul + at Gibraltar, you will learn that an act of hostility has + been committed on a merchant vessel of the United States by + an armed ship of the Emperor of Morocco. This conduct on the + part of that power is without cause and without explanation. + It is fortunate that Captain Bainbridge fell in with and took + the capturing vessel and her prize, and I have the + satisfaction to inform you that about the date of this + transaction such a force would be arriving in the + neighborhood of Gibraltar, both from the east and from the + west, as leaves less to be feared for our commerce from the + suddenness of the aggression. + </p> + <p> + On the 4th of September the <i>Constitution</i> frigate, + Captain Preble, with Mr. Lear on board, was within two days' + sail of Gibraltar, where the <i>Philadelphia</i> would then + be arrived with her prize, and such explanations would + probably be instituted as the state of things required, and + as might perhaps arrest the progress of hostilities. + </p> + <p> + In the meanwhile it is for Congress to consider the + provisional authorities which may be necessary to restrain + the depredations of this power should they be continued, + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 14, 1803. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now communicate a digest of the information I have received + relative to Louisiana, which may be useful to the Legislature + in providing for the government of the country. A translation + of the most important laws in force in that province, now in + press, shall be the subject of a supplementary communication, + with such further and material information as may yet come to + hand. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 24, 1803. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In conformity with the desire expressed in the resolution of + the House of Representatives of the 15th instant, I now lay + before them copies of such documents as are in possession of + the Executive relative to the arrest and confinement of + Zachariah Cox by officers in the service of the United States + in the year 1798. From the nature of the transaction some + documents relative to it might have been expected from the + War Office; but if any ever existed there they were probably + lost when the office and its papers were consumed by fire. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 25, 1803. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The treaty with the Kaskaskia Indians being ratified with the + advice and consent of the Senate, it is now laid before both + Houses in their legislative capacity. It will inform them of + the obligations which the United States thereby contract, and + particularly that of taking the tribe under their future + protection, and that the ceded country is submitted to their + immediate possession and disposal. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 29, 1803. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now communicate an appendix to the information heretofore + given on the subject of Louisiana. You will be sensible, from + the face of these papers, as well as of those to which they + are a sequel, that they are not and could not be official, + but are furnished by different individuals as the result of + the best inquiries they had been able to make, and now given + as received from them, only digested under heads to prevent + repetitions. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 5, 1803. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I have the satisfaction to inform you that the act of + hostility mentioned in my message of the 4th of November to + have been committed by a cruiser of the Emperor of Morocco on + a vessel of the United States has been disavowed by the + Emperor. All differences in consequence thereof have been + amicably adjusted, and the treaty of 1786 between this + country and that has been recognized and confirmed by the + Emperor, each party restoring to the other what had been + detained or taken. I inclose the Emperor's orders given on + this occasion. + </p> + <p> + The conduct of our officers generally who have had a part in + these transactions has merited entire approbation. + </p> + <p> + The temperate and correct course pursued by our consul, Mr. + Simpson, the promptitude and energy of Commodore Preble, the + efficacious cooperation of Captains Rodgers and Campbell, of + the returning squadron, the proper decision of Captain + Bainbridge that a vessel which had committed an open + hostility was of right to be detained for inquiry and + consideration, and the general zeal of the other officers and + men are honorable facts which I make known with pleasure. And + to these I add what was indeed transacted in another + quarter—the gallant enterprise of Captain Rodgers in + destroying on the coast of Tripoli a corvette of that power + of 22 guns. + </p> + <p> + I recommend to the consideration of Congress a just + indemnification for the interest acquired by the captors of + the <i>Mishouda</i> and <i>Mirboha</i>, yielded by them for + the public accommodation. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 5, 1803, + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the desire of the Senate expressed in + their resolution of the 22d of November, on the impressment + of seamen in the service of the United States by the agents + of foreign nations, I now lay before the Senate a letter from + the Secretary of State with a specification of the cases of + which information has been received. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 21, 1803. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + On the 11th of January last I laid before the Senate, for + their consideration and advice, a convention with Spain on + the subject of indemnities for spoliations on our commerce + committed by her subjects during the late war, which + convention is still before the Seriate. As this instrument + did not embrace French seizures and condemnations of our + vessels in the ports of Spain, for which we deemed the latter + power responsible, our minister at that Court was instructed + to press for an additional article, comprehending that branch + of wrongs. I now communicate what has since passed on that + subject. The Senate will judge whether the prospect it offers + will justify a longer suspension of that portion of + indemnities conceded by Spain should she now take no + advantage of the lapse of the period for ratification. As the + settlement of the boundaries of Louisiana will call for new + negotiations on our receiving possession of that Province, + the claims not obtained by the convention now before the + Senate may be incorporated into those discussions. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 31, 1803. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before Congress the annual account of the fund + established for defraying the contingent charges of + Government. No occasion having arisen for making use of any + part of it in the present year, the balance of $18,560 + unexpended at the end of the last year remains now in the + Treasury. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 16, 1804. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In execution of the act of the present session of Congress + for taking possession of Louisiana, as ceded to us by France, + and for the temporary government thereof, Governor Claiborne, + of the Mississippi Territory, and General Wilkinson were + appointed commissioners to receive possession. They proceeded + with such regular troops as had been assembled at Fort Adams + from the nearest posts and with some militia of the + Mississippi Territory to New Orleans, To be prepared for + anything unexpected which might arise out of the transaction, + a respectable body of militia was ordered to be in readiness + in the States of Ohio, Kentucky, and Tennessee, and a part of + those of Tennessee was moved on to the Natchez. No occasion, + however, arose for their sendees. Our commissioners, on their + arrival at New Orleans, found the Province already delivered + by the commissioners of Spain to that of France, who + delivered it over to them on the 20th day of December, as + appears by their declaratory act accompanying this. Governor + Claiborne, being duly invested with the powers heretofore + exercised by the governor and intendant of Louisiana, assumed + the government on the same day, and for the maintenance of + law and order immediately issued the proclamation and address + now communicated. + </p> + <p> + On this important acquisition, so favorable to the immediate + interests of our Western citizens, so auspicious to the peace + and security of the nation in general, which adds to our + country territories so extensive and fertile and to our + citizens new brethren to partake of the blessings of freedom + and self-government, I offer to Congress and our country my + sincere congratulations, + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 24, 1804. + </p> + <p> + <i>Gentlemen of the Senate and of the House of + Representatives</i>: + </p> + <p> + I communicate for your information a letter just received + from Governor Claiborne, which may throw light on the subject + of the government of Louisiana, under contemplation of the + Legislature. The paper being original, a return is asked. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 16, 1804. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Information having been received some time ago that the + public lands in the neighborhood of Detroit required + particular attention, the agent appointed to transact + business with the Indians in that quarter was instructed to + inquire into and report the situation of the titles and + occupation of the lands, private and public, in the + neighboring settlements. His report is now communicated, that + the Legislature may judge how far its interposition is + necessary to quiet the legal titles, confirm the equitable, + to remove the past and prevent future intrusions which have + neither law nor justice for the basis. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 22, 1804. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress, for their information, a report of + the surveyor of the public buildings at Washington, stating + what has been done under the act of the last session + concerning the city of Washington on the Capitol and other + public buildings, and the highway between them. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 29, 1804. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate, for the information of Congress, a letter + stating certain fraudulent practices for monopolizing lands + in Louisiana, which may perhaps require legislative + provisions. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 20, 1804. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress a letter received from Captain + Bainbridge, commander of the <i>Philadelphia</i> frigate, + informing us of the wreck of that vessel on the coast of + Tripoli, and that himself, his officers and men, had fallen + into the hands of the Tripolitans. This accident renders it + expedient to increase our force and enlarge our expenses in + the Mediterranean beyond what the last appropriation for the + naval service contemplated. I recommend, therefore, to the + consideration of Congress such an addition to that + appropriation as they may think the exigency requires. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 22, 1804. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress the last returns of the militia of the + United States. Their incompleteness is much to be regretted, + and its remedy may at some future time be a subject worthy + the attention of Congress. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From Annals of Congress, Eighth Congress, second session, + 1234.] + </center> + <p> + <i>To all whom these presents shall come</i>: + </p> + <p> + Whereas by an act of Congress authority has been given to the + President of the United States, whenever he shall deem it + expedient, to erect the shores, waters, and inlets of the bay + and river of Mobile, and of the other rivers, creeks, inlets, + and bays emptying into the Gulf of Mexico east of the said + river Mobile and west thereof to the Pascagoula, inclusive, + into a separate district for the collection of duties on + imports and tonnage; and to establish such place within the + same as he shall deem it expedient to be the port of entry + and delivery for such district; and to designate such other + places within the same district, not exceeding two, to be + ports of delivery only: + </p> + <p> + Now know ye that I, Thomas Jefferson, President of the United + States, do hereby decide that all the above-mentioned shores, + waters, inlets, creeks, and rivers lying within the + boundaries of the United States shall constitute and form a + separate district, to be denominated "the district of + Mobile;" and do also designate Fort Stoddert, within the + district aforesaid, to be the port of entry and delivery for + the said district. + </p> + <p> + Given under my hand this 20th day of May, 1804. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FOURTH ANNUAL MESSAGE. + </h2> + <p class="r"> + NOVEMBER 8, 1804. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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 to 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. + </p> + <p> + 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, can not + 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. + </p> + <p> + 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 learnt that its object was + misunderstood on the part of Spain. Candid 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 had, 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 confirmation of them by the tenor + of the instrument establishing the port and district, may + reasonably be expected to replace them in the dispositions + and views of the whole subject which originally dictated the + convention. + </p> + <p> + I have the satisfaction to inform you that the objections + which had been urged by that Government against the validity + of our title to the country of Louisiana have been withdrawn, + its exact limits, however, remaining still to be settled + between us; and to this is to be added that, having prepared + and delivered the stock created in execution of the + convention of Paris of April 30, 1803, in consideration of + the cession of that country, we have received from the + Government of France an acknowledgment, in due form, of the + fulfillment of that stipulation. + </p> + <p> + With the nations of Europe in general our friendship and + intercourse are undisturbed, and from the Governments of the + belligerent powers especially we continue to receive those + friendly manifestations which are justly due to an honest + neutrality and to such good offices consistent with that as + we have opportunities of rendering. + </p> + <p> + The activity and success of the small force employed in the + Mediterranean in the early part of the present year, the + reenforcements sent into that sea, and the energy of the + officers having command in the several vessels will, I trust, + by the sufferings of war, reduce the barbarians of Tripoli to + the desire of peace on proper terms. Great injury, however, + ensues to ourselves, as well as to others interested, from + the distance to which prizes must be brought for adjudication + and from the impracticability of bringing hither such as are + not seaworthy. + </p> + <p> + The Bey of Tunis having made requisitions unauthorized by our + treaty, their rejection has produced from him some + expressions of discontent. But to those who expect us to + calculate whether a compliance with unjust demands will not + cost us less than a war we must leave as a question of + calculation for them also whether to retire from unjust + demands will not cost them less than a war. We can do to each + other very sensible injuries by war, but the mutual + advantages of peace make that the best interest of both. + </p> + <p> + Peace and intercourse with the other powers on the same coast + continue on the footing on which they are established by + treaty. + </p> + <p> + In pursuance of the act providing for the temporary + government of Louisiana, the necessary officers for the + Territory of Orleans were appointed in due time to commence + the exercise of their functions on the 1st day of October. + The distance, however, of some of them and indispensable + previous arrangements may have retarded its commencement in + some of its parts. The form of government thus provided + having been considered but as temporary, and open to such + future improvements as further information of the + circumstances of our brethren there might suggest, it will of + course be subject to your consideration. + </p> + <p> + In the district of Louisiana it has been thought best to + adopt the division into subordinate districts which had been + established under its former government. These being five in + number, a commanding officer has been appointed to each, + according to the provisions of the law, and so soon as they + can be at their stations that district will also be in its + due state of organization. In the meantime their places are + supplied by the officers before commanding there. And the + functions of the governor and judges of Indiana having + commenced, 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 their occupation and + titles. + </p> + <p> + 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 understanding and + neighborly relations between us. So 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 can not fail us for preserving their peace and + friendship. By pursuing an uniform course of justice toward + 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. + </p> + <p> + On this side the Mississippi an important relinquishment 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 toward 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 300 miles + on the Ohio, and near half that on the Wabash. The produce of + the settled country descending those rivers will no longer + pass in review 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. + </p> + <p> + The act of Congress of February 28, 1803, for building and + employing a number of gunboats, 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 toward supporting within our + waters the authority of the laws, the promptness with which + they will be 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 competence of our finances to this defensive + provision without any new burthen 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. + </p> + <p> + 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. + </p> + <p> + Accounts of the receipts and expenditures of the last year, + with estimates for the ensuing one, will as usual be laid + before you. + </p> + <p> + The state of our finances continues to fulfill our + expectations. Eleven millions and a 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 upward of $3,600,000 of the public debt, + exclusive of interest. This payment, with those of the two + preceding years, has extinguished upward 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. + </p> + <p> + It is also ascertained that the revenue accrued during 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 discharge upward of three + millions and a half of the 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 hearty cooperation and faithful + execution. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + November 15, 1804. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I now lay before you a treaty, entered into on the 18th day + of August of the present year, between the United States on + one part and the Delaware Indians on the other, for the + extinguishment of their title to a tract of country between + the Ohio and Wabash rivers. + </p> + <p> + And another of the 27th day of the same month, between the + United States and the Piankeshaws, for a confirmation of the + same by the latter, together with a letter from Governor + Harrison on the same subject; which treaties are submitted + for your advice and consent. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 15, 1804. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Agreeably to your resolution of the 9th instant, I now lay + before you a statement of the circumstances attending the + destruction of the frigate <i>Philadelphia</i>, with the + names of the officers and the number of men employed on the + occasion, to which I have to add that Lieutenant Decatur was + thereupon advanced to be a captain in the Navy of the United + States. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 30, 1804. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before you copies of the treaties concluded with + the Delaware and Piankeshaw Indians for the extinguishment of + their title to the lands therein described, and I recommend + to the consideration of Congress the making provision by law + for carrying them into execution. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 13. 1804. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I present for your advice a treaty entered into on behalf of + the United States with the Creek Indians for the + extinguishment of their right in certain lands in the forks + of Oconee and Okmulgee rivers, within the State of Georgia. + For the purpose of enabling you to form a satisfactory + judgment on the subject, it is accompanied with the + instructions of 1802, April 12, to James Wilkinson, Benjamin + Hawkins, and Andrew Pickens, commissioners; those of 1803, + May 5, to James Wilkinson, Benjamin Hawkins, and Robert + Anderson, commissioners, and those of 1804, April 2, to + Benjamin Hawkins, sole commissioner. The negotiations for + obtaining the whole of the lands between the Oconee and + Okmulgee have now been continued through three successive + seasons under the original instructions and others + supplementary to them given from time to time, as + circumstances required, and the unity of the negotiation has + been preserved not only by the subject, but by continuing + Colonel Hawkins always one of the commissioners, and latterly + the sole one. The extent of the cession to be obtained being + uncertain, the limitation of price was what should be thought + <i>reasonable according to the usual rate of + compensation</i>. The commissioner has been induced to go + beyond this limit probably by the just attentions due to the + strong interest which the State of Georgia feels in making + this particular acquisition, and by a despair of procuring it + on more reasonable terms from a tribe which is one of those + most fixed in the policy of holding fast their lands. To this + may be added that if, by an alteration in the first article, + instead of giving them stock which may be passed into other + hands and render them the prey of speculators, an annuity + shall be paid them in this case, as has hitherto been + practiced in all similar cases, the price of these lands will + become a pledge and guaranty for our future peace with this + important tribe, and eventually an indemnity for the breach + of it. + </p> + <p> + On the whole, I rest with entire satisfaction on the wisdom + and counsel of those whose sanctions the Constitution has + rendered necessary to the final validity of this act. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 31, 1804. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The inclosed letter, written from Malta by Richard O'Brien, + our late consul at Algiers, giving some details of + transactions before Tripoli, is communicated for the + information of Congress. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 31, 1804. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Most of the Indians residing within our northern boundary on + this side of the Mississippi receiving from us annual aids in + money and necessaries, it was a subject of complaint with the + Sacs that they received nothing and were connected with us by + no treaty. As they owned the country in the neighborhood of + our settlements of Kaskaskia and St. Louis, it was thought + expedient to engage their friendship, and Governor Harrison + was accordingly instructed in June last to propose to them an + annuity of $500 or $600, stipulating in return an adequate + cession of territory and an exact definition of boundaries. + The Sacs and Foxes acting generally as one nation, and coming + forward together, he found it necessary to add an annuity for + the latter tribe also, enlarging proportionably the cession + of territory, which was accordingly done by the treaty now + communicated, of November the 3d, with those two tribes. + </p> + <p> + This cession, giving us a perfect title to such a breadth of + country on the eastern side of the Mississippi, with a + command of the Ouisconsin, strengthens our means of retaining + exclusive commerce with the Indians on the western side of + the Mississippi—a right indispensable to the policy of + governing those Indians by commerce rather than by arms. + </p> + <p> + The treaty is now submitted to the Senate for their advice + and consent. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 31, 1805. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the desire of the House of + Representatives, expressed in their resolution of yesterday, + I have to inform them that by a letter of the 30th of May + last from the Secretary of War to Samuel Hammond, a member of + the House, it was proposed to him to accept a commission of + colonel-commandant for the district of Louisiana when the new + government there should commence. By a letter of the 30th of + June he signified a willingness to accept, but still more + definitively by one of October 26, a copy of which is + therefore now communicated. A commission had been made out + for him bearing date the ist day of October last, and + forwarded before the receipt of his letter of October 26. No + later communication has been received from him, nor is + anything later known of his movements. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 1, 1805. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + For some weeks past I have had reason to expect by every mail + from New Orleans information which would have fully met the + views of the House of Representatives, expressed in their + resolution of December 31, on the subject of a post-road from + the city of Washington to New Orleans; but this being not yet + received, I think it my duty without further delay to + communicate to the House the information I possess, however + imperfect. + </p> + <p> + Isaac Briggs, one of the surveyors-general of the United + States, being about to return in July last to his station at + Natchez, and apprised of the anxiety existing to have a + practicable road explored for forwarding the mail to New + Orleans without crossing the mountains, offered his services + voluntarily to return by the route contemplated, taking as he + should go such observations of longitude and latitude as + would enable him to delineate it exactly, and by protraction + to show of what shortenings it would admit, The offer was + accepted and he was furnished with an accurate sextant for + his observations. The route proposed was from Washington by + Fredericksburg, Cartersville, Lower Sauratown, Salisbury, + Franklin Court-House in Georgia, Tuckabachee, Fort Stoddert, + and the mouth of Pearl River to New Orleans. It is believed + he followed this route generally, deviating at times only for + special purposes, and returning again into it. His letters, + herewith communicated, will shew his opinion to have been, + after completing his journey, that the practicable distance + between Washington and New Orleans will be a little over + 1,000 miles. He expected to forward his map and special + report within one week from the date of his last letter, but + a letter of December 10, from another person, informs me he + had been unwell, but would forward them within a week from + that time. So soon as they shall be received they shall be + communicated to the House of Representatives. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 5, 1805. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The Secretary of State has lately received a note from the + Danish chargé d'affaires, claiming, <i>in the name of + his Government</i>, restitution in the case of the brig + <i>Henrich</i>, communicated to Congress at a former session, + in which note were transmitted sundry documents chiefly + relating to the value and neutral character of the vessel, + and to the question whether the judicial proceedings were + instituted and conducted without the concurrence of the + captain of the <i>Henrich</i>. As these documents appear to + form a necessary appendage to those already before Congress, + and throw additional light on the subject, I transmit copies + of them herewith. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 13, 1805. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In the message to Congress at the opening of the present + session I informed them that treaties had been entered into + with the Delaware and Piankeshaw Indians for the purchase of + their right to certain lands on the Ohio. I have since + received another, entered into with the Sacs and Foxes, for a + portion of country on both sides of the river Mississippi. + These treaties, having been advised and consented to by the + Senate, have accordingly been ratified, but as they involve + conditions which require legislative provision, they are now + submitted to both branches for consideration. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 20, 1805. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate, for the information of Congress, a letter of + September 18 from Commodore Preble, giving a detailed account + of the transactions of the vessels under his command from + July the 9th to the 10th of September last past. + </p> + <p> + The energy and judgment displayed by this excellent officer + through the whole course of the service lately confided to + him and the zeal and valor of his officers and men in the + several enterprises executed by them can not fail to give + high satisfaction to Congress and their country, of whom they + have deserved well. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 28, 1805. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before Congress a statement of the militia of the + United States, according to the returns last received from + the several States. It will be perceived that some of these + are not of recent dates, and that from the States of + Maryland, Delaware, and Tennessee no returns are stated. As + far as appears from our records, none were ever rendered from + either of these States. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 28, 1805. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now render to Congress the account of the fund established + by the act of May 1, 1802, for defraying the contingent + charges of Government. No occasion having arisen for making + use of any part of the balance of $18,560 unexpended on the + 31st day of December, 1803, when the last account was + rendered by message, that balance has been carried to the + credit of the surplus fund. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SECOND INAUGURAL ADDRESS. + </h2> + <p> + Proceeding, fellow-citizens, to that qualification which the + Constitution requires before my entrance on the charge again + conferred on me, it is my duty to express the deep sense I + entertain of this new proof of confidence from my + fellow-citizens at large, and the zeal with which it inspires + me so to conduct myself as may best satisfy their just + expectations. + </p> + <p> + On taking this station on a former occasion I declared the + principles on which I believed it my duty to administer the + affairs of our Commonwealth. My conscience tells me I have on + every occasion acted up to that declaration according to its + obvious import and to the understanding of every candid mind. + </p> + <p> + In the transaction of your foreign affairs we have endeavored + to cultivate the friendship of all nations, and especially of + those with which we have the most important relations. We + have clone them justice on all occasions, favored where favor + was lawful, and cherished mutual interests and intercourse on + fair and equal terms. We are firmly convinced, and we act on + that conviction, that with nations as with individuals our + interests soundly calculated will ever be found inseparable + from our moral duties, and history bears witness to the fact + that a just nation is trusted on its word when recourse is + had to armaments and wars to bridle others. + </p> + <p> + At home, fellow-citizens, you best know whether we have done + well or ill. The suppression of unnecessary offices, of + useless establishments and expenses, enabled us to + discontinue our internal taxes. These, covering our land with + officers and opening our doors to their intrusions, had + already begun that process of domiciliary vexation which once + entered is scarcely to be restrained from reaching + successively every article of property and produce. If among + these taxes some minor ones fell which had not been + inconvenient, it was because their amount would not have paid + the officers who collected them, and because, if they had any + merit, the State authorities might adopt them instead of + others less approved. + </p> + <p> + The remaining revenue on the consumption of foreign articles + is paid chiefly by those who can afford to add foreign + luxuries to domestic comforts, being collected on our + seaboard and frontiers only, and, incorporated with the + transactions of our mercantile citizens, it may be the + pleasure and the pride of an American to ask, What farmer, + what mechanic, what laborer ever sees a taxgatherer of the + United States? These contributions enable us to support the + current expenses of the Government, to fulfill contracts with + foreign nations, to extinguish the native right of soil + within our limits, to extend those limits, and to apply such + a surplus to our public debts as places at a short day their + final redemption, and that redemption once effected the + revenue thereby liberated may, by a just repartition of it + among the States and a corresponding amendment of the + Constitution, be applied <i>in time of peace</i> to rivers, + canals, roads, arts, manufactures, education, and other great + objects within each State. <i>In time of war</i>, if + injustice by ourselves or others must sometimes produce war, + increased as the same revenue will be by increased population + and consumption, and aided by other resources reserved for + that crisis, it may meet within the year all the expenses of + the year without encroaching on the rights of future + generations by burthening them with the debts of the past. + War will then be but a suspension of useful works, and a + return to a state of peace a return to the progress of + improvement. + </p> + <p> + I have said, fellow-citizens, that the income reserved had + enabled us to extend our limits, but that extension may + possibly pay for itself before we are called on, and in the + meantime may keep down the accruing interest; in all events, + it will replace the advances we shall have made. I know that + the acquisition of Louisiana has been disapproved by some + from a candid apprehension that the enlargement of our + territory would endanger its union. But who can limit the + extent to which the federative principle may operate + effectively? The larger our association the less will it be + shaken by local passions; and in any view is it not better + that the opposite bank of the Mississippi should be settled + by our own brethren and children than by strangers of another + family? With which should we be most likely to live in + harmony and friendly intercourse? + </p> + <p> + In matters of religion I have considered that its free + exercise is placed by the Constitution independent of the + powers of the General Government. I have therefore undertaken + on no occasion to prescribe the religious exercises suited to + it, but have left them, as the Constitution found them, under + the direction and discipline of the church or state + authorities acknowledged by the several religious societies. + </p> + <p> + The aboriginal inhabitants of these countries I have regarded + with the commiseration their history inspires. Endowed with + the faculties and the rights of men, breathing an ardent love + of liberty and independence, and occupying a country which + left them no desire but to be undisturbed, the stream of + overflowing population from other regions directed itself on + these shores; without power to divert or habits to contend + against it, they have been overwhelmed by the current or + driven before it; now reduced within limits too narrow for + the hunter's state, humanity enjoins us to teach them + agriculture and the domestic arts; to encourage them to that + industry which alone can enable them to maintain their place + in existence and to prepare them in time for that state of + society which to bodily comforts adds the improvement of the + mind and morals. We have therefore liberally furnished them + with the implements of husbandry and household use; we have + placed among them instructors in the arts of first necessity, + and they are covered with the aegis of the law against + aggressors from among ourselves. + </p> + <p> + But the endeavors to enlighten them on the fate which awaits + their present course of life, to induce them to exercise + their reason, follow its dictates, and change their pursuits + with the change of circumstances have powerful obstacles to + encounter; they are combated by the habits of their bodies, + prejudices of their minds, ignorance, pride, and the + influence of interested and crafty individuals among them who + feel themselves something in the present order of things and + fear to become nothing in any other. These persons inculcate + a sanctimonious reverence for the customs of their ancestors; + that whatsoever they did must be done through all time; that + reason is a false guide, and to advance under its counsel in + their physical, moral, or political condition is perilous + innovation; that their duty is to remain as their Creator + made them, ignorance being safety and knowledge full of + danger; in short, my friends, among them also is seen the + action and counteraction of good sense and of bigotry; they + too have their antiphilosophists who find an interest in + keeping things in their present state, who dread reformation, + and exert all their faculties to maintain the ascendency of + habit over the duty of improving our reason and obeying its + mandates. + </p> + <p> + In giving these outlines I do not mean, fellow-citizens, to + arrogate to myself the merit of the measures. That is due, in + the first place, to the reflecting character of our citizens + at large, who, by the weight of public opinion, influence and + strengthen the public measures. It is due to the sound + discretion with which they select from among themselves those + to whom they confide the legislative duties. It is due to the + zeal and wisdom of the characters thus selected, who lay the + foundations of public happiness in wholesome laws, the + execution of which alone remains for others, and it is due to + the able and faithful auxiliaries, whose patriotism has + associated them with me in the executive functions. + </p> + <p> + During this course of administration, and in order to disturb + it, the artillery of the press has been leveled against us, + charged with whatsoever its licentiousness could devise or + dare. These abuses of an institution so important to freedom + and science are deeply to be regretted, inasmuch as they tend + to lessen its usefulness and to sap its safety. They might, + indeed, have been corrected by the wholesome punishments + reserved to and provided by the laws of the several States + against falsehood and defamation, but public duties more + urgent press on the time of public servants, and the + offenders have therefore been left to find their punishment + in the public indignation. + </p> + <p> + Nor was it uninteresting to the world that an experiment + should be fairly and fully made, whether freedom of + discussion, unaided by power, is not sufficient for the + propagation and protection of truth—whether a + government conducting itself in the true spirit of its + constitution, with zeal and purity, and doing no act which it + would be unwilling the whole world should witness, can be + written down by falsehood and defamation. The experiment has + been tried: you have witnessed the scene; our fellow-citizens + looked on, cool and collected; they saw the latent source + from which these outrages proceeded; they gathered around + their public functionaries, and when the Constitution called + them to the decision by suffrage, they pronounced their + verdict, honorable to those who had served them and + consolatory to the friend of man who believes that he may be + trusted with the control of his own affairs. + </p> + <p> + No inference is here intended that the laws provided by the + States against false and defamatory publications should not + be enforced; he who has time renders a service to public + morals and public tranquillity in reforming these abuses by + the salutary coercions of the law; but the experiment is + noted to prove that, since truth and reason have maintained + their ground against false opinions in league with false + facts, the press, confined to truth, needs no other legal + restraint; the public judgment will correct false reasonings + and opinions on a full hearing of all parties; and no other + definite line can be drawn between the inestimable liberty of + the press and its demoralizing licentiousness. If there be + still improprieties which this rule would not restrain, its + supplement must be sought in the censorship of public + opinion. + </p> + <p> + Contemplating the union of sentiment now manifested so + generally as auguring harmony and happiness to our future + course, I offer to our country sincere congratulations. With + those, too, not yet rallied to the same point the disposition + to do so is gaining strength; facts are piercing through the + veil drawn over them, and our doubting brethren will at + length see that the mass of their fellow-citizens with whom + they can not yet resolve to act as to principles and + measures, think as they think and desire what they desire; + that our wish as well as theirs is that the public efforts + may be directed honestly to the public good, that peace be + cultivated, civil and religious liberty unassailed, law and + order preserved, equality of rights maintained, and that + state of property, equal or unequal, which results to every + man from his own industry or that of his father's. When + satisfied of these views it is not in human nature that they + should not approve and support them. In the meantime let us + cherish them with patient affection, let us do them justice, + and more than justice, in all competitions of interest, and + we need not doubt that truth, reason, and their own interests + will at length prevail, will gather them into the fold of + their country, and will complete that entire union of opinion + which gives to a nation the blessing of harmony and the + benefit of all its strength. + </p> + <p> + I shall now enter on the duties to which my fellow-citizens + have again called me, and shall proceed in the spirit of + those principles which they have approved. I fear not that + any motives of interest may lead me astray; I am sensible of + no passion which could seduce me knowingly from the path of + justice, but the weaknesses of human nature and the limits of + my own understanding will produce errors of judgment + sometimes injurious to your interests. I shall need, + therefore, all the indulgence which I have heretofore + experienced from my constituents; the want of it will + certainly not lessen with increasing years. I shall need, + too, the favor of that Being in whose hands we are, who led + our fathers, as Israel of old, from their native land and + planted them in a country flowing with all the necessaries + and comforts of life; who has covered our infancy with His + providence and our riper years with His wisdom and power, and + to whose goodness I ask you to join in supplications with me + that He will so enlighten the minds of your servants, guide + their councils, and prosper their measures that whatsoever + they do shall result in your good, and shall secure to you + the peace, friendship, and approbation of all nations. + </p> + <p> + MARCH 4, 1805. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIFTH ANNUAL MESSAGE. + </h2> + <p class="r"> + DECEMBER 3, 1805. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>. + </p> + <p> + At a moment when the nations of Europe are in commotion and + arming against each other, and when those with whom we have + principal intercourse are engaged in the general contest, and + when the countenance of some of them toward our peaceable + country threatens that even that may not be unaffected by + what is passing on the general theater, a meeting of the + representatives of the nation in both Houses of Congress has + become more than usually desirable. Coming from every section + of our country, they bring with them the sentiments and the + information of the whole, and will be enabled to give a + direction to the public affairs which the will and the wisdom + of the whole will approve and support. + </p> + <p> + 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, incommunicable 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 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 this fever which prevails at the place from which + she sails. Under every motive from character and duty to + 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 become able + to regulate with effect their respective functions in these + departments. The burthen of quarantines is felt at home as + well as abroad; their efficacy merits examination. Although + the health laws of the States should be found to need no + present revisal by Congress, yet commerce claims that their + attention be ever awake to them. + </p> + <p> + 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 + pretense of legal adjudication, but not daring to approach a + court of justice, they have plundered and sunk them by the + way or in obscure places where no evidence could arise + against them, maltreated the crews, and abandoned them in + boats in the open sea or on desert shores without food or + covering. These enormities appearing to be unreached by any + control of their sovereigns, I found it necessary to equip a + force to cruise within our own seas, to arrest all vessels of + these descriptions found hovering on our coasts within the + limits of the Gulf Stream and to bring the offenders in for + trial as pirates. + </p> + <p> + The same system of hovering on our coasts and harbors under + color of seeking enemies has been also 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 maintaining the authority of + reason, the only umpire between just nations, impose on us + the obligation of providing an effectual and determined + opposition to a doctrine so injurious to the rights of + peaceable nations. Indeed, the confidence we ought to have in + the justice of others still countenances the hope that a + sounder view of those rights will of itself induce from every + belligerent a more correct observance of them. + </p> + <p> + With Spain our negotiations for a settlement of differences + have not had a satisfactory issue. Spoliations during a + former war, for which she had formally acknowledged herself + responsible, have been refused to be compensated but on + conditions affecting other claims in no wise connected with + them. Yet the same practices are renewed in the present war + and are already of great amount. On the Mobile, our commerce + passing through that river continues to be obstructed by + arbitrary duties and vexatious searches. Propositions for + adjusting amicably the boundaries of Louisiana have not been + acceded to. While, however, the right is unsettled, we have + avoided changing the state of things by taking new posts or + strengthening ourselves in the disputed territories, in the + hope that the other power would not by a contrary conduct + oblige us to meet their example and endanger conflicts of + authority the issue of which may not be easily controlled. + But in this hope we have now reason to lessen our confidence. + Inroads have been recently made into the Territories of + Orleans and the Mississippi, our citizens have been seized + and their property plundered in the very parts of the former + which had been actually delivered up by Spain, and this by + the regular officers and soldiers of that Government. I have + therefore found it necessary at length to give orders to our + troops on that frontier to be in readiness to protect our + citizens, and to repel by arms any similar aggressions in + future. Other details necessary for your full information of + the state of things between this country and that shall be + the subject of another communication. + </p> + <p> + In reviewing these injuries from some of the belligerent + powers the moderation, the firmness, and the wisdom of the + Legislature will all be called into action. We ought still to + hope that time and a more correct estimate of interest as + well as of character will produce the justice we are bound to + expect. But should any nation deceive itself by false + calculations, and disappoint that expectation, we must join + in the unprofitable contest of trying which party can do the + other the most harm. Some of these injuries may perhaps admit + a peaceable remedy. Where that is competent it is always the + most desirable. But some of them are of a nature to be met by + force only, and all of them may lead to it. I can not, + therefore, but recommend such preparations as circumstances + call for. The first object is to place our seaport towns out + of the danger of insult. Measures have been already taken for + furnishing them with heavy cannon for the service of such + land batteries as may make a part of their defense against + armed vessels approaching them. In aid of these it is + desirable we should have a competent number of gunboats, and + the number, to be competent, must be considerable. If + immediately begun, they may be in readiness for service at + the opening of the next season. Whether it will be necessary + to augment our land forces will be decided by occurrences + probably in the course of your session. In the meantime you + will consider whether it would not be expedient for a state + of peace as well as of war so to organize or class the + militia as would enable us on any sudden emergency to call + for the services of the younger portions, unencumbered with + the old and those having families. Upward of 300,000 + able-bodied men between the ages of 18 and 26 years, which + the last census shews we may now count within our limits, + will furnish a competent number for offense or defense in any + point where they may be wanted, and will give time for + raising regular forces after the necessity of them shall + become certain; and the reducing to the early period of life + all its active service can not but be desirable to our + younger citizens of the present as well as future times, + inasmuch as it engages to them in more advanced age a quiet + and undisturbed repose in the bosom of their families. I can + not, then, but earnestly recommend to your early + consideration the expediency of so modifying our militia + system as, by a separation of the more active part from that + which is less so, we may draw from it when necessary an + efficient corps fit for real and active service, and to be + called to it in regular rotation. + </p> + <p> + Considerable provision has been made under former authorities + from Congress of materials for the construction of ships of + war of 74 guns. These materials are on hand subject to the + further will of the Legislature. + </p> + <p> + An immediate prohibition of the exportation of arms and + ammunition is also submitted to your determination. + </p> + <p> + Turning from these unpleasant views of violence and wrong, I + congratulate you on the liberation of our fellow-citizens who + were stranded on the coast of Tripoli and made prisoners of + war. In a government bottomed on the will of all the life and + liberty of every individual citizen become interesting to + all. In the treaty, therefore, which has concluded our + warfare with that State an article for the ransom of our + citizens has been agreed to. An operation by land by a small + band of our country-*men and others, engaged for the occasion + in conjunction with the troops of the ex-Bashaw of that + country, gallantly conducted by our late consul, Eaton, and + their successful enterprise on the city of Derne, contributed + doubtless to the impression which produced peace, and the + conclusion of this prevented opportunities of which the + officers and men of our squadron destined for Tripoli would + have availed themselves to emulate the acts of valor + exhibited by their brethren in the attack of the last year. + Reflecting with high satisfaction on the distinguished + bravery displayed whenever occasions permitted in the late + Mediterranean service, I think it would be an useful + encouragement as well as a just reward to make an opening for + some present promotion by enlarging our peace establishment + of captains and lieutenants. + </p> + <p> + With Tunis some misunderstandings have arisen not yet + sufficiently explained, but friendly discussions with their + ambassador recently arrived and a mutual disposition to do + whatever is just and reasonable can not fail of dissipating + these, so that we may consider our peace on that coast, + generally, to be on as sound a footing as it has been at any + preceding time. Still, it will not be expedient to withdraw + immediately the whole of our force from that sea. + </p> + <p> + The law providing for a naval peace establishment fixes the + number of frigates which shall be kept in constant service in + time of peace, and prescribes that they shall be manned by + not more than two-thirds of their complement of seamen and + ordinary seamen. Whether a frigate may be trusted to + two-thirds only of her proper complement of men must depend + on the nature of the service on which she is ordered; that + may sometimes, for her safety as well as to insure her + object, require her fullest complement. In adverting to this + subject Congress will perhaps consider whether the best + limitation on the Executive discretion in this case would not + be by the number of seamen which may be employed in the whole + service rather than by the number of the vessels. Occasions + oftener arise for the employment of small than of large + vessels, and it would lessen risk as well as expense to be + authorized to employ them of preference. The limitation + suggested by the number of seamen would admit a selection of + vessels best adapted to the service. + </p> + <p> + Our Indian neighbors are advancing, many of them with spirit, + and others beginning to engage in the pursuits of agriculture + and household manufacture. They are becoming sensible that + the earth yields subsistence with less labor and more + certainty than the forest, and find it their interest from + time to time to dispose of parts of their surplus and waste + lands for the means of improving those they occupy and of + subsisting their families while they are preparing their + farms. Since your last session the Northern tribes have sold + to us the lands between the Connecticut Reserve and the + former Indian boundary and those on the Ohio from the same + boundary to the rapids and for a considerable depth inland. + The Chickasaws and Cherokees have sold us the country between + and adjacent to the two districts of Tennessee, and the + Creeks the residue of their lands in the fork of Ocmulgee up + to the Ulcofauhatche. The three former purchases are + important, inasmuch as they consolidate disjoined parts of + our settled country and render their intercourse secure; and + the second particularly so, as, with the small point on the + river which we expect is by this time ceded by the + Piankeshaws, it completes our possession of the whole of both + banks of the Ohio from its source to near its mouth, and the + navigation of that river is 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 interesting to the State of Georgia. + </p> + <p> + The several treaties which have been mentioned will be + submitted to both Houses of Congress for the exercise of + their respective functions. + </p> + <p> + Deputations now on their way to the seat of Government from + various nations of Indians inhabiting the Missouri and other + parts beyond the Mississippi come charged with assurances of + their satisfaction with the new relations in which they are + placed with us, of their dispositions to cultivate our peace + and friendship, and their desire to enter into commercial + intercourse with us. A state of our progress in exploring the + principal rivers of that country, and of the information + respecting them hitherto obtained, will be communicated so + soon as we shall receive some further relations which we have + reason shortly to expect. + </p> + <p> + The receipts at the Treasury during the year ending on the + 30th day of September last have exceeded the sum of + $13,000,000, which, with not quite five millions in the + Treasury at the beginning of the year, have enabled us after + meeting other demands to pay nearly two millions of the debt + contracted under the British treaty and convention, upward of + four millions of principal of the public debt, and four + millions of interest. These payments, with those which had + been made in three years and a half preceding, have + extinguished of the funded debt nearly eighteen millions of + principal. Congress by their act of November 10, 1803, + authorized us to borrow $1,750,000 toward meeting the claims + of our citizens assumed by the convention with France. We + have not, however, made use of this authority, because the + sum of four millions and a half, which remained in the + Treasury on the same 30th day of September last, with the + receipts which we may calculate on for the ensuing year, + besides paying the annual sum of $8,000,000 appropriated to + the funded debt and meeting all the current demands which may + be expected, will enable us to pay the whole sum of + $3,750,000 assumed by the French convention and still leave + us a surplus of nearly $1,000,000 at our free disposal. + Should you concur in the provisions of arms and armed vessels + recommended by the circumstances of the times, this surplus + will furnish the means of doing so. + </p> + <p> + On this first occasion of addressing Congress since, by the + choice of my constituents, I have entered on a second term of + administration, I embrace the opportunity to give this public + assurance that I will exert my best endeavors to administer + faithfully the executive department, and will zealously + cooperate with you in every measure which may tend to secure + the liberty, property, and personal safety of our + fellow-citizens, and to consolidate the republican forms and + principles of our Government. + </p> + <p> + In the course of your session you shall receive all the aid + which I can give for the dispatch of public business, and all + the information necessary for your deliberations, of which + the interests of our own country and the confidence reposed + in us by others will admit a communication. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + DECEMBER 6, 1805. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The depredations which had been committed on the commerce of + the United States during a preceding 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 + was first manifested by her protest against the right of + France to alienate Louisiana to us, which, however, was soon + retracted and the right confirmed. Then high offense 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 now refused to ratify the + convention signed by her own minister under the eye of his + Sovereign unless we 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. + </p> + <p> + 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 boundaries of Louisiana, other than a declaration that we + had no rights eastward of the Iberville, and that our line to + the west was one which would have left us but a string of + land on that bank of the river Mississippi. Our injured + citizens were thus left without any prospect of retribution + from the wrongdoer, and as to boundary each party was to take + its own course. That which they have chosen to pursue will + appear from the documents now communicated. They authorize + 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. + </p> + <p> + 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. + </p> + <p> + 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, + </p> + <p> + 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. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 11, 1805. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I now lay before the Senate the several treaties and + conventions following, which have been entered into on the + part of the United States since their last session: + </p> + <p> + 1. A treaty of peace and amity between the United States of + America and the Bashaw, Bey, and subjects of Tripoli, in + Barbary. + </p> + <p> + 2. A treaty between the United States and the Wyandot, + Ottawa, Chippewa, Munsee, and Delaware, Shawnee, and + Potawatamie nations of Indians. + </p> + <p> + 3. A treaty between the United States and the agents of the + Connecticut Land Companies on one part and the Wyandot, + Ottawa, Chippewa, Munsee, and Delaware, Shawnee, and + Potawatamie nations of Indians. + </p> + <p> + 4. A treaty between the United States and the Delawares, + Potawatamies, Miamis, Eel-rivers, and Weeas. + </p> + <p> + 5. A treaty between the United States and the Chickasaw + Nation of Indians. + </p> + <p> + 6. A treaty between the United States of America and the + Cherokee Indians. + </p> + <p> + 7. A convention between the United States and the Creek + Nation of Indians; with the several documents necessary for + their explanation. + </p> + <p> + The Senate having dissented to the ratification of the treaty + with the Creeks submitted to them at their last session, + which gave a sum of $200,000 for the country thereby + conveyed, it is proper now to observe that instead of that + sum, which was equivalent to a perpetual annuity of $12,000, + the present purchase gives them an annuity of $12,000 for + eight years only and of $11,000 for ten years more, the + payments of which would be effected by a present sum of + $130,000 placed at an annual interest of 6 per cent. If from + this sum we deduct the reasonable value of the road ceded + through the whole length of their country from Ocmulgee + toward New Orleans, a road of indispensable necessity to us, + the present convention will be found to give little more than + the half of the sum which was formerly proposed to be given. + This difference is thought sufficient to justify the + presenting this subject a second time to the Senate. On these + several treaties I have to request that the Senate will + advise whether I shall ratify them or not. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 23, 1805. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The governor and presiding judge of the Territory of Michigan + have made a report to me of the state of that Territory, + several matters in which being within the reach of the + legislative authority only, I lay the report before Congress. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 31, 1805. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I now communicate to the House of Representatives all the + information which the executive offices furnish on the + subject of their resolution of the 23d instant respecting the + States indebted to the United States. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 10, 1806. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the request of the Senate expressed in + their resolution of December 27, I now lay before them such + documents and papers (there being no other information in my + possession) as relate to complaints by the Government of + France against the commerce carried on by the citizens of the + United States to the French island of St. Domingo. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 13, 1806. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + According to the request of the Senate of December 30, I now + lay before them the correspondence of the naval commanders + Barron and Rodgers and of Mr. Eaton, late consul at Tunis, + respecting the progress of the war with Tripoli, antecedent + to the treaty with the Bey and Regency of Tripoli, and + respecting the negotiations for the same, and the commission + and instructions of Mr. Eaton, with such other correspondence + in possession of the offices as I suppose may be useful to + the Senate in their deliberations upon the said treaty. + </p> + <p> + The instructions which were given to Mr. Lear, the + consul-general at Algiers, respecting the negotiations for + the said treaty accompanied the treaty and the message + concerning the same, and are now with them in possession of + the Senate. + </p> + <p> + So much of these papers has been extracted and communicated + to the House of Representatives as relates to the principles + of the cooperation between the United States and Hamet + Caramalli, which is the subject of a joint message to both + Houses of Congress bearing equal date with the present, and + as those now communicated to the Senate comprehend the whole + of that matter, I request that they may be considered as + comprising the documents stated in that message as + accompanying it. Being mostly originals or sole copies, a + return of them is requested at the convenience of the Senate. + </p> + <p> + We have no letter from Mr. Lear respecting Tripoline affairs + of later date than that of July 5, which was transmitted to + the Senate with the treaty, nor, consequently, any later + information what steps have been taken to carry into effect + the stipulation for the delivery of the wife and children of + the brother of the reigning Bashaw of Tripoli. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 13, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress the application of Hamet Caramalli, + elder brother of the reigning Bashaw of Tripoli, soliciting + from the United States attention to his services and + sufferings in the late war against that State; and in order + to possess them of the ground on which that application + stands, the facts shall be stated according to the views and + information of the Executive. + </p> + <p> + During the war with Tripoli it was suggested that Hamet + Caramalli, elder brother of the reigning Bashaw, and driven + by him from his throne, meditated the recovery of his + inheritance, and that a concert in action with us was + desirable to him. We considered that concerted operations by + those who have a common enemy were entirely justifiable, and + might produce effects favorable to both without binding + either to guarantee the objects of the other. But the + distance of the scene, the difficulties of communication, and + the uncertainty of our information inducing the less + confidence in the measure, it was committed to our agents as + one which might be resorted to if it promised to promote our + success. + </p> + <p> + Mr. Eaton, however (our late consul), on his return from the + Mediterranean, possessing personal knowledge of the scene and + having confidence in the effect of a joint operation, we + authorized Commodore Barron, then proceeding with his + squadron, to enter into an understanding with Hamet if he + should deem it useful; and as it was represented that he + would need some aids of arms and ammunition, and even of + money, he was authorized to furnish them to a moderate + extent, according to the prospect of utility to be expected + from it. In order to avail him of the advantages of Mr. + Eaton's knowledge of circumstances, an occasional employment + was provided for the latter as an agent for the Navy in that + sea. Our expectation was that an intercourse should be kept + up between the ex-Bashaw and the commodore; that while the + former moved on by land our squadron should proceed with + equal pace, so as to arrive at their destination together and + to attack the common enemy by land and sea at the same time. + The instructions of June 6 to Commodore Barron shew that a + cooperation only was intended, and by no means an union of + our object with the fortune of the ex-Bashaw, and the + commodore's letters of March 22 and May 19 prove that he had + the most correct idea of our intentions. His verbal + instructions, indeed, to Mr. Eaton and Captain Hull, if the + expressions are accurately committed to writing by those + gentlemen, do not limit the extent of his cooperation as + rigorously as he probably intended; but it is certain from + the ex-Bashaw's letter of January 3, written when he was + proceeding to join Mr. Eaton, and in which he says, "Your + operations should be carried on by sea, mine by land," that + he left the position in which he was with a proper idea of + the nature of the cooperation. If Mr. Eaton's subsequent + convention should appear to bring forward other objects, his + letter of April 29 and May 1 views this convention but as + provisional, the second article, as he expressly states, + guarding it against any ill effect; and his letter of June 30 + confirms this construction. + </p> + <p> + In the event it was found that after placing the ex-Bashaw in + possession of Derne, one of the most important cities and + provinces of the country, where he had resided himself as + governor, lie was totally unable to command any resources or + to bear any part in cooperation with us. This hope was then + at an end, and we certainly had never contemplated, nor were + we prepared, to land an army of our own, or to raise, pay, or + subsist an army of Arabs to march from Derne to Tripoli and + to carry on a land war at such a distance from our resources. + Our means and our authority were merely naval, and that such + were the expectations of Hamet his letter of June 29 is an + unequivocal acknowledgment. While, therefore, an impression + from the capture of Derne might still operate at Tripoli, and + an attack on that place from our squadron was daily expected. + Colonel Lear thought it the best moment to listen to + overtures of peace then made by the Bashaw. He did so, and + while urging provisions for the United States he paid + attention also to the interests of Hamet, but was able to + effect nothing more than to engage the restitution of his + family, and even the persevering in this demand suspended for + some time the conclusion of the treaty. + </p> + <p> + In operations at such a distance it becomes necessary to + leave much to the discretion of the agents employed, but + events may still turn up beyond the limits of that + discretion. Unable in such a case to consult his Government, + a zealous citizen will act as he believes that would direct + him were it apprised of the circumstances, and will take on + himself the responsibility. In all these cases the purity and + patriotism of the motives should shield the agent from blame, + and even secure a sanction where the error is not too + injurious. Should it be thought by any that the verbal + instructions said to have been given by Commodore Barron to + Mr. Eaton amount to a stipulation that the United States + should place Hamet Caramalli on the throne of Tripoli—a + stipulation so entirely unauthorized, so far beyond our + views, and so onerous could not be sanctioned by our + Government—or should Hamet Caramalli, contrary to the + evidence of his letters of January 3 and June 29, be thought + to have left the position which he now seems to regret, under + a mistaken expectation that we were at all events to place + him on his throne, on an appeal to the liberality of the + nation something equivalent to the replacing him in his + former situation might be worthy its consideration. + </p> + <p> + A nation by establishing a character of liberality and + magnanimity gains in the friendship and respect of others + more than the worth of mere money. This appeal is now made by + Hamet Caramalli to the United States. The ground he has taken + being different not only from our views but from those + expressed by himself on former occasions, Mr. Eaton was + desired to state whether any verbal communications passed + from him to Hamet which had varied what we saw in writing. + His answer of December 5 is herewith transmitted, and has + rendered it still more necessary that in presenting to the + Legislature the application of Hamet I should present them at + the same time an exact statement of the views and proceedings + of the Executive through this whole business, that they may + clearly understand the ground on which we are placed. It is + accompanied by all the papers which bear any relation to the + principles of the cooperation, and which can inform their + judgment in deciding on the application of Hamet Caramalli. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 15, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now render to Congress an account of the grant of $20,000 + for the contingent charges of Government by an act making + appropriations for the support of Government for the year + 1805. Of that sum $1,987.50 have been necessarily applied to + the support of the Territorial governments of Michigan and + Louisiana until an opportunity could occur of making a + specific appropriation for that purpose. The balance of + $18,012.50 remains in the Treasury. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 17, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In my message to both Houses of Congress at the opening of + their present session I submitted to their attention, among + other subjects, the oppression of our commerce and navigation + by the irregular practices of armed vessels, public and + private, and by the introduction of new principles derogatory + of the rights of neutrals and unacknowledged by the usage of + nations. + </p> + <p> + The memorials of several bodies of merchants of the United + States are now communicated, and will develop these + principles and practices which are producing the most ruinous + effects on our lawful commerce and navigation. + </p> + <p> + The rights of a neutral to carry on commercial intercourse + with every part of the dominions of a belligerent permitted + by the laws of the country (with the exception of blockaded + ports and contraband of war) was believed to have been + decided between Great Britain and the United States by the + sentence of their commissioners mutually appointed to decide + on that and other questions of difference between the two + nations, and by the actual payment of the damages awarded by + them against Great Britain for the infractions of that right. + When, therefore, it was perceived that the same principle was + revived with others more novel and extending the injury, + instructions were given to the minister plenipotentiary of + the United States at the Court of London, and remonstrances + duly made by him on this subject, as will appear by documents + transmitted herewith. These were followed by a partial and + temporary suspension only, without any disavowal of the + principle. He has therefore been instructed to urge this + subject anew, to bring it more fully to the bar of reason, + and to insist on rights too evident and too important to be + surrendered. In the meantime the evil is proceeding under + adjudications founded on the principle which is denied. Under + these circumstances the subject presents itself for the + consideration of Congress. + </p> + <p> + On the impressment of our seamen our remonstrances have never + been intermitted. A hope existed at one moment of an + arrangement which might have been submitted to, but it soon + passed away, and the practice, though relaxed at times in the + distant seas, has been constantly pursued in those in our + neighborhood. The grounds on which the reclamations on this + subject have been urged will appear in an extract from + instructions to our minister at London now communicated. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 17, 1806 + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The inclosed letter from the minister plenipotentiary of the + United States at the Court of London contains interesting + information on the subjects of my other message of this date. + It is sent separately and confidentially because its + publication may discourage frank communications between our + ministers generally and the Governments with which they + reside, and especially between the same ministers. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 24, 1806. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + A convention has been entered into between the United States + and the Cherokee Nation for the extinguishment of the rights + of the latter, and of some unsettled claims in the country + north of the river Tennessee, therein described. This + convention is now laid before the Senate for their advice and + consent as to its ratification. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 27, 1806. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + According to the desire of the Senate expressed in their + resolution of the 10th instant, I now communicate to them a + report of the Secretary of State, with its documents, stating + certain new principles attempted to be introduced on the + subject of neutral rights, injurious to the rights and + interests of the United States. These, with my message to + both Houses of the 17th instant and the documents + accompanying it, fulfill the desires of the Senate as far as + it can be done by any information in my possession which is + authentic and not publicly known. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 29, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Having received from sundry merchants at Baltimore a memorial + on the same subject with those I communicated to Congress + with my message of the 17th instant, I now communicate this + also as a proper sequel to the former, and as making a part + of the mass of evidence of the violations of our rights on + the ocean. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 3, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + A letter has been received from the governor of South + Carolina covering an act of the legislature of that State + ceding to the United States various forts and fortifications + and sites for the erection of forts in that State on the + conditions therein expressed. This letter and the act it + covered are now communicated to Congress. + </p> + <p> + I am not informed whether the positions ceded are the best + which can be taken for securing their respective objects. No + doubt is entertained that the legislature deemed them such. + The river of Beaufort, particularly, said to be accessible to + ships of very large size and capable of yielding them a + protection which they can not find elsewhere but very far to + the north, is from these circumstances so interesting to the + Union in general as to merit particular attention and inquiry + as to the positions on it best calculated for health as well + as safety. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 3, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In the course of the last year the following treaties and + conventions for the extinguishment of Indian title to lands + within our limits were entered into on behalf of the United + States: + </p> + <p> + A treaty between the United States and the Wyandot, Ottawa, + Chippeway, Munsee and Delaware, Shawanee and Pottawatamy + nations of Indians. + </p> + <p> + A treaty between the United States and the agents of the + Connecticut Land Company on one part and the Wyandot and + Ottawa, Chippeway, Munsey and Delaware, Shawanee and + Pottawatamy nations of Indians. + </p> + <p> + A treaty between the United States and the Delawares, + Pottawatamies, Miamis, Eel-rivers, and Weas. + </p> + <p> + A treaty between the United States and the Chickasaw Nation + of Indians. + </p> + <p> + Two treaties between the United States and the Cherokee + Indians. + </p> + <p> + A convention between the United States and the Creek Nation + of Indians. + </p> + <p> + The Senate having advised and consented to the ratification + of these several treaties and conventions, I now lay them + before both Houses of Congress for the exercise of their + constitutional powers as to the means of fulfilling them. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 6, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Since the date of my message of January 17 a letter of the + 26th of November has been received from the minister + plenipotentiary of the United States at London, covering one + from the secretary for foreign affairs of that Government, + which, being on the subject of that message, is now + transmitted for the information of Congress. Although nothing + forbids the substance of these letters from being + communicated without reserve, yet so many ill effects proceed + from the publications of correspondences between ministers + remaining still in office that I can not but recommend that + these letters be not permitted to be formally published. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 19, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In pursuance of a measure proposed to Congress by a message + of January 18, 1803, and sanctioned by their approbation for + carrying it into execution, Captain Meriwether Lewis, of the + First Regiment of infantry, was appointed, with a party of + men, to explore the river Missouri from its mouth to its + source, and, crossing the highlands by the shortest portage, + to seek the best water communication thence to the Pacific + Ocean; and Lieutenant Clarke was appointed second in command. + They were to enter into conference with the Indian nations on + their route with a view to the establishment of commerce with + them. They entered the Missouri May 14, 1804, and on the 1st + of November took up their winter quarters near the Mandan + towns, 1,609 miles above the mouth of the river, in latitude + 47° 21' 47" north and longitude 99° 24' 45" west from + Greenwich. On the 8th of April, 1805, they proceeded up the + river in pursuance of the objects prescribed to them. A + letter of the preceding day, April 7th, from Captain Lewis is + herewith communicated. During his stay among the Mandans he + had been able to lay down the Missouri according to courses + and distances taken on his passage up it, corrected by + frequent observations of longitude and latitude, and to add + to the actual survey of this portion of the river a general + map of the country between the Mississippi and Pacific from + the thirty-fourth to the fifty-fourth degree of latitude. + These additions are from information collected from Indians + with whom he had opportunities of communicating during his + journey and residence with them. Copies of this map are now + presented to both Houses of Congress. With these I + communicate also a statistical view, procured and forwarded + by him, of the Indian nations inhabiting the Territory of + Louisiana and the countries adjacent to its northern and + western borders, of their commerce, and of other interesting + circumstances respecting them. + </p> + <p> + In order to render the statement as complete as may be of the + Indians inhabiting the country west of the Mississippi, I add + Dr. Sibley's account of those residing in and adjacent to the + Territory of Orleans. + </p> + <p> + I communicate also, from the same person, an account of the + Red River, according to the best information he had been able + to collect. + </p> + <p> + Having been disappointed, after considerable preparation, in + the purpose of sending an exploring party up that river in + the summer of 1804, it was thought best to employ the autumn + of that year in procuring a knowledge of an interesting + branch of the river called the Washita. + </p> + <p> + This was undertaken under the direction of Mr. Dunbar, of + Natchez, a citizen of distinguished science, who had aided + and continues to aid us with his disinterested and valuable + services in the prosecution of these enterprises. He ascended + the river to the remarkable hot springs near it, in latitude + 34° 31' 4.16", longitude 92° 50' 45" west from + Greenwich, taking its courses and distances, and correcting + them by frequent celestial observations. Extracts from his + observations and copies of his map of the river from its + mouth to the hot springs make part of the present + communications. The examination of the Red River itself is + but now commencing. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 5, 1806. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + According to the request of the Senate expressed in their + resolution of 3d instant, I now transmit the extract of a + letter from the Secretary of State to the minister + plenipotentiary of the United States at Paris, the answer to + that letter, and two letters from Henry Waddell, a citizen of + the United States, relative to the interference of the said + minister in the case of the ship <i>New Jersey</i> and to the + principles alleged to have been laid down on that occasion. + </p> + <p> + There are in the office of the Department of State several + printed documents in this case by the agent of those + interested in the ship, which are voluminous and in French. + If these be within the scope of the request of the Senate, + the printed copies can be sent in immediately, but if + translations be necessary some considerable time will be + requisite for their execution. On this subject any further + desire which the Senate shall think proper to express shall + be complied with. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 7, 1806. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + According to the request of the Senate of yesterday, I now + transmit the five printed memorials of the agent for the ship + <i>New Jersey</i>, in the one of which marked B, at the ninth + page, will be found the letter relative to it from the + minister plenipotentiary of the United States at Paris to the + French minister of the treasury, supposed to be the one + designated in the resolution. We have no information of this + letter but through the channel of the party interested in the + ship, nor any proof of it more authentic than that now + communicated. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 19, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + It was reasonably expected that while the limits between the + territories of the United States and of Spain were unsettled + neither party would have innovated on the existing state of + their respective positions. Some time since, however, we + learnt that the Spanish authorities were advancing into the + disputed country to occupy new posts and make new + settlements. Unwilling to take any measures which might + preclude a peaceable accommodation of differences, the + officers of the United States were ordered to confine + themselves within the country on this side of the Sabine + River which, by delivery of its principal post, Natchitoches, + was understood to have been itself delivered up by Spain, and + at the same time to permit no adverse post to be taken nor + armed men to remain within it. In consequence of these orders + the commanding officer of Natchitoches, learning that a party + of Spanish troops had crossed the Sabine River and were + posting themselves on this side the Adais, sent a detachment + of his force to require them to withdraw to the other side of + the Sabine, which they accordingly did. + </p> + <p> + I have thought it proper to communicate to Congress the + letter detailing this incident, that they may fully + understand the state of things in that quarter and be enabled + to make such provision for its security as, in their wisdom, + they shall deem sufficient. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 11, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before Congress a statement of the militia of the + United States according to the returns last received from the + several States and Territories. It will be perceived that + some of these are not of recent dates, and that from the + States of Maryland and Delaware no returns are stated. As far + as appears from our records, none were ever rendered from + either of these States. From the Territories of Orleans, + Louisiana, and Michigan complete returns have not yet been + received. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 14, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + During the blockade of Tripoli by the squadron of the United + States a small cruiser, under the flag of Tunis, with two + prizes, all of trifling value, attempted to enter Tripoli; + was turned back, warned, and, attempting again to enter, was + taken and detained as prize by the squadron. Her restitution + was claimed by the Bey of Tunis with a threat of war in terms + so serious that on withdrawing from the blockade of Tripoli + the commanding officer of the squadron thought it his duty to + repair to Tunis with his squadron and to require a + categorical declaration whether peace or war was intended. + The Bey preferred explaining himself by an ambassador to the + United States, who on his arrival renewed the request that + the vessel and her prizes should be restored. It was deemed + proper to give this proof of friendship to the Bey, and the + ambassador was informed the vessels would be restored. + Afterwards he made a requisition of naval stores to be sent + to the Bey, in order to secure a peace for the term of three + years, with a threat of war if refused. It has been refused, + and the ambassador is about to depart without receding from + his threat or demand. + </p> + <p> + Under these circumstances, and considering that the several + provisions of the act of March 25, 1804, will cease in + consequence of the ratification of the treaty of peace with + Tripoli, now advised and consented to by the Senate, I have + thought it my duty to communicate these facts, in order that + Congress may consider the expediency of continuing the same + provisions for a limited time or making others equivalent. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 15, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The Senate having advised and consented to the ratification + of a treaty concluded with the Piankeshaw Indians for + extinguishing their claim to the country between the Wabash + and Kaskaskia cessions, it is now laid before both Houses for + the exercise of their constitutional powers as to the means + of fulfilling it on our part. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 17, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The Senate having advised and consented to the ratification + of a convention between the United States and the Cherokee + Indians, concluded at Washington on the 7th day of January + last, for the cession of their right to the tract of country + therein described, it is now laid before both Houses of + Congress for the exercise of their constitutional powers + toward the fulfillment thereof. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 18, 1806. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the request of the Senate of yesterday's + date, I now communicate the entire correspondence between the + ambassador of Tunis and the Secretary of State, from which + the Senate will see that the first application by the + ambassador for restitution of the vessels taken in violation + of blockade having been yielded to, the only remaining cause + of difference brought forward by him is the requisition of a + present of naval stores to secure a peace for three years, + after which the inference is obvious that a renewal of the + presents is to be expected to renew the prolongation of peace + for another term. But this demand has been pressed in verbal + conferences much more explicitly and pertinaciously than + appears in the written correspondence. To save the delay of + copying, some originals are inclosed, with a request that + they be returned. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 19, 1806. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I nominate James Monroe, now minister plenipotentiary of the + United States at the Court of London, and William Pinkney, of + Maryland, to be commissioners plenipotentiary and + extraordinary for settling all matters of difference between + the United States and the United Kingdoms of Great Britain + and Ireland relative to wrongs committed between the parties + on the high seas or other waters, and for establishing the + principles of navigation and commerce between them. + </p> + <p> + James Houston, of Maryland, to be judge of the court of the + United States for the district of Maryland. + </p> + <p> + Willis W. Parker, of Virginia, to be collector of the + district and inspector of the revenue for the port of South + Quay. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <center> + [From Annals of Congress, Ninth Congress, second session, + 685.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas satisfactory information has been received that Henry + Whitby, commanding a British armed vessel called the + <i>Leander</i>, did on the 25th day of the month of April + last, within the waters and jurisdiction of the United + States, and near to the entrance of the harbor of New York, + by a cannon shot fired from the said vessel <i>Leander</i>, + commit a murder on the body of John Pierce, a citizen of the + United States, then pursuing his lawful vocation within the + same waters and jurisdiction of the United States and near to + their shores; and that the said Henry Whitby can not at this + time be brought to justice by the ordinary process of law; + and + </p> + <p> + Whereas it does further appear that both before and after the + said day sundry trespasses, wrongs, and unlawful + interruptions and vexations on trading vessels coming to the + United States, and within their waters and vicinity, were + committed by the said armed vessel the <i>Leander</i>, her + officers and people; by one other armed vessel called the + <i>Cambrian</i>, commanded by John Nairne, her officers and + people; and by one other armed vessel called the + <i>Driver</i>, commanded by Slingsby Simpson, her officers + and people; which vessels, being all of the same nation, were + aiding and assisting each other in the trespasses, + interruptions, and vexations aforesaid: + </p> + <p> + Now, therefore, to the end that the said Henry Whitby may be + brought to justice and due punishment inflicted for the said + murder, I do hereby especially enjoin and require all + officers having authority, civil or military, and all other + persons within the limits or jurisdiction of the United + States, wheresoever the said Henry Whitby may be found, now + or hereafter, to apprehend and secure the said Henry Whitby, + and him safely and diligently to deliver to the civil + authority of the place, to be proceeded against according to + law. + </p> + <p> + And I do hereby further require that the said armed vessel + the <i>Leander</i>, with her officers and people, and the + said armed vessels the <i>Cambrian</i> and <i>Driver</i>, + their officers and people, immediately and without any delay + depart from the harbors and wraters of the United States. And + I do forever interdict the entrance of all other vessels + which shall be commanded by the said Henry Whitby, John + Nairne, and Slingsby Simpson, or either of them. + </p> + <p> + And if the said vessels, or any of them, shall fail to depart + as aforesaid, or shall reenter the harbors or waters + aforesaid, I do in that case forbid all intercourse with the + said armed vessels the <i>Leander</i>, the <i>Cambrian</i>, + and the <i>Driver</i>, or with any of them, and the officers + and crews thereof, and do prohibit all supplies and aid from + being furnished them, or any of them. And I do declare and + make known that if any person from or within the + jurisdictional limits of the United States shall afford any + aid to either of the said armed vessels contrary to the + prohibition contained in this proclamation, either in + repairing such vessel or in furnishing her, her officers or + crew, with supplies of any kind or in any manner whatever; or + if any pilot shall assist in navigating any of the said armed + vessels, unless it be for the purpose of carrying them in the + first instance beyond the limits and jurisdiction of the + United States, such person or persons shall on conviction + suffer all the pains and penalties by the laws provided for + such offenses. And I do hereby enjoin and require all persons + bearing office, civil or military, within the United States, + and all others citizens or inhabitants thereof, or being + within the same, with vigilance and promptitude to exert + their respective authorities and to be aiding and assisting + to the carrying this proclamation and every part thereof into + full effect. + </p> + <p> + [SEAL.] + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and signed the same + with my hand. + </p> + <p> + Given at the city of Washington, the 3d day of May, A.D. + 1806, and of the Sovereignty and Independence of the United + States the thirtieth. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + <br> + By the President:<br> + JAMES MADISON,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + [From Annals of Congress, Ninth Congress, second session, + 686.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas information has been received that sundry persons, + citizens of the United States or residents within the same, + are conspiring and confederating together to begin and set on + foot, provide, and prepare the means for a military + expedition or enterprise against the dominions of Spain; that + for this purpose they are fitting out and arming vessels in + the western waters of the United States, collecting + provisions, arms, military stores, and means; are deceiving + and seducing honest and well-meaning citizens, under various + pretenses, to engage in their criminal enterprises; are + organizing, officering, and arming themselves for the same, + contrary to the laws in such cases made and provided: + </p> + <p> + I have therefore thought proper to issue this my + proclamation, warning and enjoining all faithful citizens who + have been led without due knowledge or consideration to + participate in the said unlawful enterprises to withdraw from + the same without delay, and commanding all persons whatsoever + engaged or concerned in the same to cease all further + proceedings therein, as they will answer the contrary at + their peril and incur prosecution with all the rigors of the + law. And I hereby enjoin and require all officers, civil and + military, of the United States, or of any of the States or + Territories, and especially all governors and other executive + authorities, all judges, justices, and other officers of the + peace, all military officers of the Army or Navy of the + United States, or officers of the militia, to be vigilant, + each within his respective department and according to his + functions, in searching out and bringing to condign + punishment all persons engaged or concerned in such + enterprise, in seizing and detaining, subject to the + disposition of the law, all vessels, arms, military stores, + or other means provided or providing for the same, and, in + general, in preventing the carrying on such expedition or + enterprise by all lawful means within their power; and I + require all good and faithful citizens and others within the + United States to be aiding and assisting herein, and + especially in the discovery, apprehension, and bringing to + justice of all such offenders, in preventing the execution of + their unlawful designs, and in giving information against + them to the proper authorities. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and have signed the + same with my hand. + </p> + <p> + [SEAL.] + </p> + <p> + Given at the city of Washington on the 27th day of November, + 1806, and in the year of the Sovereignty of the United States + the thirty-first. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + <br> + By the President:<br> + JAMES MADISON,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SIXTH ANNUAL MESSAGE. + </h2> + <p class="r"> + DECEMBER 2, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States of America in Congress assembled</i>: + </p> + <p> + It would have given me, fellow-citizens, great satisfaction + to announce in the moment of your meeting that the + difficulties in our foreign relations existing at the time of + your last separation had been amicably and justly terminated. + I lost no time in taking those measures which were most + likely to bring them to such a termination—by special + missions charged with such powers and instructions as in the + event of failure could leave no imputation on either our + moderation or forbearance. The delays which have since taken + place in our negotiations with the British Government appear + to have proceeded from causes which do not forbid the + expectation that during the course of the session I may be + enabled to lay before you their final issue. What will be + that of the negotiations for settling our differences with + Spain nothing which had taken place at the date of the last + dispatches enables us to pronounce. On the western side of + the Mississippi she advanced in considerable force, and took + post at the settlement of Bayou Pierre, on the Red River. + This village was originally settled by France, was held by + her as long as she held Louisiana, and was delivered to Spain + only as a part of Louisiana. Being small, insulated, and + distant, it was not observed at the moment of redelivery to + France and the United States that she continued a guard of + half a dozen men which had been stationed there. A + proposition, however, having been lately made by our + commander in chief to assume the Sabine River as a temporary + line of separation between the troops of the two nations + until the issue of our negotiations shall be known, this has + been referred by the Spanish commandant to his superior, and + in the meantime he has withdrawn his force to the western + side of the Sabine River. The correspondence on this subject + now communicated will exhibit more particularly the present + state of things in that quarter. + </p> + <p> + The nature of that country requires indispensably that an + unusual proportion of the force employed there should be + cavalry or mounted infantry. In order, therefore, that the + commanding officer might be enabled to act with effect, I had + authorized him to call on the governors of Orleans and + Mississippi for a corps of 500 volunteer cavalry. The + temporary arrangement he has proposed may perhaps render this + unnecessary; but I inform you with great pleasure of the + promptitude with which the inhabitants of those Territories + have tendered their services in defense of their country. It + has done honor to themselves, entitled them to the confidence + of their fellow-citizens in every part of the Union, and must + strengthen the general determination to protect them + efficaciously under all circumstances which may occur. + </p> + <p> + Having received information that in another part of the + United States a great number of private individuals were + combining together, arming and organizing themselves contrary + to law, to carry on a military expedition against the + territories of Spain, I thought it necessary, by proclamation + as well as by special orders, to take measures for preventing + and suppressing this enterprise, for seizing the vessels, + arms, and other means provided for it, and for arresting and + bringing to justice its authors and abettors. It was due to + that good faith which ought ever to be the rule of action in + public as well as in private transactions, it was due to good + order and regular government, that while the public force was + acting strictly on the defensive and merely to protect our + citizens from aggression the criminal attempts of private + individuals to decide for their country the question of peace + or war by commencing active and unauthorized hostilities + should be promptly and efficaciously suppressed. + </p> + <p> + Whether it will be necessary to enlarge our regular force + will depend on the result of our negotiations with Spain; but + as it is uncertain when that result will be known, the + provisional measures requisite for that, and to meet any + pressure intervening in that quarter, will be a subject for + your early consideration. + </p> + <p> + The possession of both banks of the Mississippi reducing to a + single point the defense of that river, its waters, and the + country adjacent, it becomes highly necessary to provide for + that point a more adequate security. Some position above its + mouth, commanding the passage of the river, should be + rendered sufficiently strong to cover the armed vessels which + may be stationed there for defense, and in conjunction with + them to present an insuperable obstacle to any force + attempting to pass. The approaches to the city of New Orleans + from the eastern quarter also will require to be examined and + more effectually guarded. For the internal support of the + country the encouragement of a strong settlement on the + western side of the Mississippi, within reach of New Orleans, + will be worthy the consideration of the Legislature. + </p> + <p> + The gunboats authorized by an act of the last session are so + advanced that they will be ready for service in the ensuing + spring. Circumstances permitted us to allow the time + necessary for their more solid construction. As a much larger + number will still be wanting to place our seaport towns and + waters in that state of defense to which we are competent and + they entitled, a similar appropriation for a further + provision for them is recommended for the ensuing year. + </p> + <p> + A further appropriation will also be necessary for repairing + fortifications already established and the erection of such + other works as may have real effect in obstructing the + approach of an enemy to our seaport towns, or their remaining + before them. + </p> + <p> + In a country whose constitution is derived from the will of + the people, directly expressed by their free suffrages; where + the principal executive functionaries and those of the + legislature are renewed by them at short periods; where under + the character of jurors they exercise in person the greatest + portion of the judiciary powers; where the laws are + consequently so formed and administered as to bear with equal + weight and favor on all, restraining no man in the pursuits + of honest industry and securing to everyone the property + which that acquires, it would not be supposed that any + safeguards could be needed against insurrection or enterprise + on the public peace or authority. The lawrs, however, aware + that these should not be trusted to moral restraints only, + have wisely provided punishment for these crimes when + committed. But would it not be salutary to give also the + means of preventing their commission? Where an enterprise is + meditated by private individuals against a foreign nation in + amity with the United States, powers of prevention to a + certain extent are given by the laws. Would they not be as + reasonable and useful where the enterprise preparing is + against the United States? While adverting to this branch of + law it is proper to observe that in enterprises meditated + against foreign nations the ordinary process of binding to + the observance of the peace and good behavior, could it be + extended to acts to be done out of the jurisdiction of the + United States, would be effectual in some cases where the + offender is able to keep out of sight every indication of his + purpose which could draw on him the exercise of the powers + now given by law. + </p> + <p> + The States on the coast of Barbary seem generally disposed at + present to respect our peace and friendship; with Tunis alone + some uncertainty remains. Persuaded that it is our interest + to maintain our peace with them on equal terms or not at all, + I propose to send in due time a reen-forcement into the + Mediterranean unless previous information shall shew it to be + unnecessary. + </p> + <p> + We continue to receive proofs of the growing attachment of + our Indian neighbors and of their disposition to place all + their interests under the patronage of the United States. + These dispositions are inspired by their confidence in our + justice and in the sincere concern we feel for their welfare; + and as long as we discharge these high and honorable + functions with the integrity and good faith which alone can + entitle us to their continuance we may expect to reap the + just reward in their peace and friendship. + </p> + <p> + The expedition of Messrs. Lewis and Clarke for exploring the + river Missouri and the best communication from that to the + Pacific Ocean has had all the success which could have been + expected. They have traced the Missouri nearly to its source, + descended the Columbia to the Pacific Ocean; ascertained with + accuracy the geography of that interesting communication + across our continent, learnt the character of the country, of + its commerce and inhabitants; and it is but justice to say + that Messrs. Lewis and Clarke and their brave companions have + by this arduous service deserved well of their country. + </p> + <p> + The attempt to explore the Red River, under the direction of + Mr. Freeman, though conducted with a zeal and prudence + meriting entire approbation, has not been equally successful. + After proceeding up it about 600 miles, nearly as far as the + French settlements had extended while the country was in + their possession, our geographers were obliged to return + without completing their work. + </p> + <p> + Very useful additions have also been made to our knowledge of + the Mississippi by Lieutenant Pike, who has ascended it to + its source, and whose journal and map, giving the details of + his journey, will shortly be ready for communication to both + Houses of Congress. Those of Messrs. Lewis, Clarke, and + Freeman will require further time to be digested and + prepared. These important surveys, in addition to those + before possessed, furnish materials for commencing an + accurate map of the Mississippi and its western waters. Some + principal rivers, however, remain still to be explored, + toward which the authorization of Congress by moderate + appropriations will be requisite. + </p> + <p> + I congratulate you, fellow-citizens, on the approach of the + period at which you may interpose your authority + constitutionally to withdraw the citizens of the United + States from all further participation in those violations of + human rights which have been so long continued on the + unoffending inhabitants of Africa, and which the morality, + the reputation, and the best interests of our country have + long been eager to proscribe. Although no law you may pass + can take prohibitory effect till the first day of the year + 1808, yet the intervening period is not too long to prevent + by timely notice expeditions which can not be completed + before that day. + </p> + <p> + The receipts at the Treasury during the year ending on the + 30th day of September last have amounted to near $15,000,000, + which have enabled us, after meeting the current demands, to + pay $2,700,000 of the American claims in part of the price of + Louisiana; to pay of the funded debt upward of three millions + of principal and nearly four of interest, and, in addition, + to reimburse in the course of the present month near two + millions of 5-1/2 per cent stock. These payments and + reimbursements of the funded debt, with those which had been + made in the four years and a half preceding, will at the + close of the present year have extinguished upward of + twenty-three millions of principal. + </p> + <p> + The duties composing the Mediterranean fund will cease by law + at the end of the present session. Considering, however, that + they are levied chiefly on luxuries and that we have an + impost on salt, a necessary of life, the free use of which + otherwise is so important, I recommend to your consideration + the suppression of the duties on salt and the continuation of + the Mediterranean fund instead thereof for a short time, + after which that also will become unnecessary for any purpose + now within contemplation. + </p> + <p> + When both of these branches of revenue shall in this way be + relinquished there will still ere long be an accumulation of + moneys in the Treasury beyond the installments of public debt + which we are permitted by contract to pay. They can not then, + without a modification assented to by the public creditors, + be applied to the extinguishment of this debt and the + complete liberation of our revenues, the most desirable of + all objects. Nor, if our peace continues, will they be + wanting for any other existing purpose. The question + therefore now comes forward, To what other objects shall + these surpluses be appropriated, and the whole surplus of + impost, after the entire discharge of the public debt, and + during those intervals when the purposes of war shall not + call for them? Shall we suppress the impost and give that + advantage to foreign over domestic manufactures? On a few + articles of more general and necessary use the suppression in + due season will doubtless be right, but the great mass of the + articles on which impost is paid are foreign luxuries, + purchased by those only who are rich enough to afford + themselves the use of them. Their patriotism would certainly + prefer its continuance and application to the great purposes + of the public education, roads, rivers, canals, and such + other objects of public improvement as it may be thought + proper to add to the constitutional enumeration of Federal + powers. By these operations new channels of communication + will be opened between the States, the lines of separation + will disappear, their interests will be identified, and their + union cemented by new and indissoluble ties. Education is + here placed among the articles of public care, not that it + would be proposed to take its ordinary branches out of the + hands of private enterprise, which manages so much better all + the concerns to which it is equal, but a public institution + can alone supply those sciences which though rarely called + for are yet necessary to complete the circle, all the parts + of which contribute to the improvement of the country and + some of them to its preservation. The subject is now proposed + for the consideration of Congress, because if approved by the + time the State legislatures shall have deliberated on this + extension of the Federal trusts, and the laws shall be passed + and other arrangements made for their execution, the + necessary funds will be on hand and without employment. I + suppose an amendment to the Constitution, by consent of the + States, necessary, because the objects now recommended are + not among those enumerated in the Constitution, and to which + it permits the public moneys to be applied. + </p> + <p> + The present consideration of a national establishment for + education particularly is rendered proper by this + circumstance also, that if Congress, approving the + proposition, shall yet think it more eligible to found it on + a donation of lands, they have it now in their power to endow + it with those which will be among the earliest to produce the + necessary income. This foundation would have the advantage of + being independent of war, which may suspend other + improvements by requiring for its own purposes the resources + destined for them. + </p> + <p> + This, fellow-citizens, is the state of the public interests + at the present moment and according to the information now + possessed. But such is the situation of the nations of Europe + and such, too, the predicament in which we stand with some of + them that we can not rely with certainty on the present + aspect of our affairs, that may change from moment to moment + during the course of your session or after you shall have + separated. Our duty is, therefore, to act upon things as they + are and to make a reasonable provision for whatever they may + be. Were armies to be raised whenever a speck of war is + visible in our horizon, we never should have been without + them. Our resources would have been exhausted on dangers + which have never happened, instead of being reserved for what + is really to take place. A steady, perhaps a quickened, pace + in preparations for the defense of our seaport towns and + waters; an early settlement of the most exposed and + vulnerable parts of our country; a militia so organized that + its effective portions can be called to any point in the + Union, or volunteers instead of them to serve a sufficient + time, are means which may always be ready, yet never preying + on our resources until actually called into use. They will + maintain the public interests while a more permanent force + shall be in course of preparation. But much will depend on + the promptitude with which these means can be brought into + activity. If war be forced upon us, in spite of our long and + vain appeals to the justice of nations, rapid and vigorous + movements in its outset will go far toward securing us in its + course and issue, and toward throwing its burthens on those + who render necessary the resort from reason to force. + </p> + <p> + The result of our negotiations, or such incidents in their + course as may enable us to infer their probable issue; such + further movements also on our western frontiers as may shew + whether war is to be pressed there while negotiation is + protracted elsewhere, shall be communicated to you from time + to time as they become known to me, with whatever other + information I possess or may receive, which may aid your + deliberations on the great national interests committed to + your charge. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + DECEMBER 3, 1806. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I have the satisfaction to inform you that the negotiation + depending between the United States and the Government of + Great Britain is proceeding in a spirit of friendship and + accommodation which promises a result of mutual advantage. + Delays, indeed, have taken place, occasioned by the long + illness and subsequent death of the British minister charged + with that duty. But the commissioners appointed by that + Government to resume the negotiation have shewn every + disposition to hasten its progress. It is, however, a work of + time, as many arrangements are necessary to place our future + harmony on stable grounds. In the meantime we find by the + communications of our plenipotentiaries that a temporary + suspension of the act of the last session prohibiting certain + importations would, as a mark of candid disposition on our + part and of confidence in the temper and views with which + they have been met, have a happy effect on its course. A step + so friendly will afford further evidence that all our + proceedings have flowed from views of justice and + conciliation, and that we give them willingly that form which + may best meet corresponding dispositions. + </p> + <p> + Add to this that the same motives which produced the + postponement of the act till the 15th of November last are in + favor of its further suspension, and as we have reason to + hope that it may soon yield to arrangements of mutual consent + and convenience, justice seems to require that the same + measure may be dealt out to the few cases which may fall + within its short course as to all others preceding and + following it. I can not, therefore, but recommend the + suspension of this act for a reasonable time, on + considerations of justice, amity, and the public interests. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 15, 1806, + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I lay before Congress a report of the surveyor of the public + buildings, stating the progress made on them during the last + season and what is proposed for the ensuing one. + </p> + <p> + I took every measure within my power for carrying into effect + the request of the House of Representatives of the 17th of + April last to cause the south wing of the Capitol to be + prepared for their accommodation by the commencement of the + present session. With great regret I found it was not to be + accomplished. The quantity of freestone necessary, with the + size and quality of many of the blocks, was represented as + beyond what could be obtained from the quarries by any + exertions which could be commanded. The other parts of the + work, which might all have been completed in time, were + necessarily retarded by the insufficient progress of the + stonework. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 5, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to each House of Congress a copy of the laws of + the Territory of Michigan passed by the governor and judges + of the Territory during the year 1805. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 22, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Agreeably to the request of the House of Representatives + communicated in their resolution of the 16th instant, I + proceed to state, under the reserve therein expressed, + information received touching an illegal combination of + private individuals against the peace and safety of the + Union, and a military expedition planned by them against the + territories of a power in amity with the United States, with + the measures I have pursued for suppressing the same. + </p> + <p> + I had for some time been in the constant expectation of + receiving such further information as would have enabled me + to lay before the Legislature the termination as well as the + beginning and progress of this scene of depravity so far as + it has been acted on the Ohio and its waters. From this the + state of safety of the lower country might have been + estimated on probable grounds, and the delay was indulged the + rather because no circumstance had yet made it necessary to + call in the aid of the legislative functions. Information now + recently communicated has brought us nearly to the period + contemplated. The mass of what I have received in the course + of these transactions is voluminous, but little has been + given under the sanction of an oath so as to constitute + formal and legal evidence. It is chiefly in the form of + letters, often containing such a mixture of rumors, + conjectures, and suspicions as renders it difficult to sift + out the real facts and unadvisable to hazard more than + general outlines, strengthened by concurrent information or + the particular credibility of the relator. In this state of + the evidence, delivered sometimes, too, under the restriction + of private confidence, neither safety nor justice will permit + the exposing names, except that of the principal actor, whose + guilt is placed beyond question. + </p> + <p> + Some time in the latter part of September I received + intimations that designs were in agitation in the Western + country unlawful and unfriendly to the peace of the Union, + and that the prime mover in these was Aaron Burr, heretofore + distinguished by the favor of his country. The grounds of + these intimations being inconclusive, the objects uncertain, + and the fidelity of that country known to be firm, the only + measure taken was to urge the informants to use their best + endeavors to get further insight into the designs and + proceedings of the suspected persons and to communicate them + to me. + </p> + <p> + It was not till the latter part of October that the objects + of the conspiracy began to be perceived, but still so blended + and involved in mystery that nothing distinct could be + singled out for pursuit. In this state of uncertainty as to + the crime contemplated, the acts done, and the legal course + to be pursued, I thought it best to send to the scene where + these things were principally in transaction a person in + whose integrity, understanding, and discretion entire + confidence could be reposed, with instructions to investigate + the plots going on, to enter into conference (for which he + had sufficient credentials) with the governors and all other + officers, civil and military, and with their aid to do on the + spot whatever should be necessary to discover the designs of + the conspirators, arrest their means, bring their persons to + punishment, and to call out the force of the country to + suppress any unlawful enterprise in which it should be found + they were engaged. By this time it was known that many boats + were under preparation, stores of provisions collecting, and + an unusual number of suspicious characters in motion on the + Ohio and its waters. Besides dispatching the confidential + agent to that quarter, orders were at the same time sent to + the governors of the Orleans and Mississippi Territories and + to the commanders of the land and naval forces there to be on + their guard against surprise and in constant readiness to + resist any enterprise which might be attempted on the + vessels, posts, or other objects under their care; and on the + 8th of November instructions were forwarded to General + Wilkinson to hasten an accommodation with the Spanish + commandant on the Sabine, and as soon as that was effected to + fall back with his principal force to the hither bank of the + Mississippi for the defense of the interesting points on that + river. By a letter received from that officer on the 25th of + November, but dated October 21, we learnt that a confidential + agent of Aaron Burr had been deputed to him with + communications, partly written in cipher and partly oral, + explaining his designs, exaggerating his resources, and + making such offers of emolument and command to engage him and + the army in his unlawful enterprise as he had flattered + himself would be successful. The General, with the honor of a + soldier and fidelity of a good citizen, immediately + dispatched a trusty officer to me with information of what + had passed, proceeding to establish such an understanding + with the Spanish commandant on the Sabine as permitted him to + withdraw his force across the Mississippi and to enter on + measures for opposing the projected enterprise. + </p> + <p> + The General's letter, which came to hand on the 25th of + November, as has been mentioned, and some other information + received a few days earlier, when brought together developed + Burr's general designs, different parts of which only had + been revealed to different informants. It appeared that he + contemplated two distinct objects, which might be carried on + either jointly or separately, and either the one or the other + first, as circumstances should direct. One of these was the + severance of the Union of these States by the Alleghany + Mountains; the other an attack on Mexico. A third object was + provided, merely ostensible, to wit, the settlement of a + pretended purchase of a tract of country on the Washita + claimed by a Baron Bastrop. This was to serve as the pretext + for all his preparations, an allurement for such followers as + really wished to acquire settlements in that country and a + cover under which to retreat in the event of a final + discomfiture of both branches of his real design. + </p> + <p> + He found at once that the attachment of the Western country + to the present Union was not to be shaken; that its + dissolution could not be effected with the consent of its + inhabitants, and that his resources were inadequate as yet to + effect it by force. He took his course then at once, + determined to seize on New Orleans, plunder the bank there, + possess himself of the military and naval stores, and proceed + on his expedition to Mexico, and to this object all his means + and preparations were now directed. He collected from all the + quarters where himself or his agents possessed influence all + the ardent, restless, desperate, and disaffected persons who + were ready for any enterprise analogous to their characters. + He seduced good and well-meaning citizens, some by assurances + that he possessed the confidence of the Government and was + acting under its secret patronage, a pretense which procured + some credit from the state of our differences with Spain, and + others by offers of land in Bastrop's claim on the Washita. + </p> + <p> + This was the state of my information of his proceedings about + the last of November, at which time, therefore, it was first + possible to take specific measures to meet them. The + proclamation of November 27, two days after the receipt of + General Wilkinson's information, was now issued. Orders were + dispatched to every interesting point on the Ohio and + Mississippi from Pittsburg to New Orleans for the employment + of such force either of the regulars or of the militia and of + such proceedings also of the civil authorities as might + enable them to seize on all the boats and stores provided for + the enterprise, to arrest the persons concerned, and to + suppress effectually the further progress of the enterprise. + A little before the receipt of these orders in the State of + Ohio our confidential agent, who had been diligently employed + in investigating the conspiracy, had acquired sufficient + information to open himself to the governor of that State and + apply for the immediate exertion of the authority and power + of the State to crush the combination. Governor Tiffin and + the legislature, with a promptitude, an energy, and patriotic + zeal which entitle them to a distinguished place in the + affection of their sister States, effected the seizure of all + the boats, provisions, and other preparations within their + reach, and thus gave a first blow, materially disabling the + enterprise in its outset. + </p> + <p> + In Kentucky a premature attempt to bring Burr to justice + without sufficient evidence for his conviction had produced a + popular impression in his favor and a general disbelief of + his guilt. This gave him an unfortunate opportunity of + hastening his equipments. The arrival of the proclamation and + orders and the application and information of our + confidential agent at length awakened the authorities of that + State to the truth, and then produced the same promptitude + and energy of which the neighboring State had set the + example. Under an act of their legislature of December 23 + militia was instantly ordered to different important points, + and measures taken for doing whatever could yet be done. Some + boats (accounts vary from five to double or treble that + number) and persons (differently estimated from 100 to 300) + had in the meantime passed the Falls of Ohio to rendezvous at + the mouth of Cumberland with others expected down that river. + </p> + <p> + Not apprised till very late that any boats were building on + Cumberland, the effect of the proclamation had been trusted + to for some time in the State of Tennessee; but on the *19th + of December similar communications and instructions with + those to the neighboring States were dispatched by express to + the governor and a general officer of the western division + ofthe State, and on the 23d of December our confidential + agent left Frankfort for Nashville to put into activity the + means of that State also. But by information received + yesterday I learn that on the 22d of December Mr. Burr + descended the Cumberland with two boats merely of + accommodation, carrying with him from that State no quota + toward his unlawful enterprise. Whether after the arrival of + the proclamation, of the orders, or of our agent any exertion + which could be made by that State or the orders of the + governor of Kentucky for calling out the militia at the mouth + of Cumberland would be in time to arrest these boats and + those from the Falls of Ohio is still doubtful. + </p> + <p> + On the whole, the fugitives from the Ohio, with their + associates from Cumberland or any other place in that + quarter, can not threaten serious danger to the city of New + Orleans. + </p> + <p> + By the same express of December 19 orders were sent to the + governors of Orleans and Mississippi, supplementary to those + which had been given onthe 25th of November, to hold the + militia of their Territories in readiness to cooperate for + their defense with the regular troops and armed vessels then + under command of General Wilkinson. Great alarm, indeed, was + excited at New Orleans by the exaggerated accounts of Mr. + Burr, disseminated through his emissaries, of the armies and + navies he was to assemble there. General Wilkinson had + arrived there himself on the 24th of November, and had + immediately put into activity the resources of the place for + the purpose of its defense, and on the 10th of December he + was joined by his troops from the Sabine. Great zeal was + shewn by the inhabitants generally, the merchants of the + place readily agreeing to the most laudable exertions and + sacrifices for manning the armed vessels with their seamen, + and the other citizens manifesting unequivocal fidelity to + the Union and a spirit of determined resistance to their + expected assailants. + </p> + <p> + Surmises have been hazarded that this enterprise is to + receive aid from certain foreign powers; but these surmises + are without proof or probability. The wisdom of the measures + sanctioned by Congress at its last session has placed us in + the paths of peace and justice with the only powers with whom + we had any differences, and nothing has happened since which + makes it either their interest or ours to pursue another + course. No change of measures has taken place on our part; + none ought to take place at this time. With the one, friendly + arrangement was then proposed, and the law deemed necessary + on the failure of that was suspended to give time for a fair + trial of the issue. With the same power friendly arrangement + is now proceeding under good expectations, and the same law + deemed necessary on failure of that is still suspended, to + give time for a fair trial of the issue. With the other, + negotiation was in like manner then preferred, and + provisional measures only taken to meet the event of rupture. + With the same power negotiation is still preferred, and + provisional measures only are necessary to meet the event of + rupture. While, therefore, we do not deflect in the slightest + degree from the course we then assumed and are still pursuing + with mutual consent to restore a good understanding, we arc + not to impute to them practices as irreconcilable to interest + as to good faith, and changing necessarily the relations of + peace and justice between us to those of war. These surmises + are therefore to be imputed to the vauntings of the author of + this enterprise to multiply his partisans by magnifying the + belief of his prospects and support. + </p> + <p> + By letters from General Wilkinson of the 14th and 18th of + December, which came to hand two days after the date of the + resolution of the House of Representatives—that is to + say, on the morning of the 18th instant—I received the + important affidavit a copy of which I now communicate, with + extracts of so much of the letters as comes within the scope + of the resolution. By these it will be seen that of three of + the principal emissaries of Mr. Burr whom the General had + caused to be apprehended, one had been liberated by habeas + corpus, and two others, being those particularly employed in + the endeavor to corrupt the general and army of the United + States, have been embarked by him for ports in the Atlantic + States, probably on the consideration that an impartial trial + could not be expected during the present agitations of New + Orleans, and that that city was not as yet a safe place of + confinement. As soon as these persons shall arrive they will + be delivered to the custody of the law and left to such + course of trial, both as to place and process, as its + functionaries may direct. The presence of the highest + judicial authorities, to be assembled at this place within a + few days, the means of pursuing a sounder course of + proceedings here than elsewhere, and the aid of the Executive + means, should the judges have occasion to use them, render it + equally desirable for the criminals as for the public that, + being already removed from the place where they were first + apprehended, the first regular arrest should take place here, + and the course of proceedings receive here its proper + direction. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 26, 1807. + </p> + <p> + <i>To the Senate, and House of Representatives of the United + States</i>: + </p> + <p> + I received from General Wilkinson on the 23d instant his + affidavit charging Samuel Swartwout, Peter V. Ogden, and + James Alexander with the crimes described in the affidavit a + copy of which is now communicated to both Houses of Congress. + </p> + <p> + It was announced to me at the same time that Swartwout and + Bollman, two of the persons apprehended by him, were arrived + in this city in custody each of a military officer. I + immediately delivered to the attorney of the United States in + this district the evidence received against them, with + instructions to lay the same before the judges and apply for + their process to bring the accused to justice, and put into + his hands orders to the officers having them in custody to + deliver them to the marshal on his application. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 27, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now render to Congress the account of the fund established + for defraying the contingent expenses of Government for the + year 1806. No occasion having arisen for making use of any + part of the balance of $18,012.50, unexpended on the 31st day + of December, 1805, that balance remains in the Treasury. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 28, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + By the letters of Captain Bissel, who commands at Fort + Massac, and of Mr. Murrell, to General Jackson, of Tennessee, + copies of which are now communicated to Congress, it will be + seen that Aaron Burr passed Fort Massac on the 31st December + with about ten boats, navigated by about six hands each, + without any military appearance, and that three boats with + ammunition were said to have been arrested by the militia at + Louisville. + </p> + <p> + As the guards of militia posted on various points of the Ohio + will be able to prevent any further aids passing through that + channel, should any be attempted, we may now estimate with + tolerable certainty the means derived from the Ohio and its + waters toward the accomplishment of the purposes of Mr. Burr. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 31, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In execution of the act of the last session of Congress + entitled "An act to regulate the laying out and making a road + from Cumberland, in the State of Maryland, to the State of + Ohio," I appointed Thomas Moore, of Maryland; Joseph Kerr, of + Ohio, and Eli Williams, of Maryland, commissioners to lay out + the said road, and to perform the other duties assigned to + them by the act. The progress which they made in the + execution of the work during the last season will appear in + their report now communicated to Congress. On the receipt of + it I took measures to obtain consent for making the road of + the States of Pennsylvania, Maryland, and Virginia, through + which the commissioners proposed to lay it out. I have + received acts of the legislatures of Maryland and Virginia + giving the consent desired; that of Pennsylvania has the + subject still under consideration, as is supposed. Until I + receive full consent to a free choice of route through the + whole distance I have thought it safest neither to accept nor + reject finally the partial report of the commissioners. Some + matters suggested in the report belong exclusively to the + Legislature. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 6, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress the laws for the government of + Louisiana, passed by the governor and judges of the Indiana + Territory at their session at Vincennes begun on the 1st of + October, 1804. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 6, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The Government of France having examined into the claim of M. + de Beaumarchais against the United States, and considering it + as just and legal, has instructed its minister here to make + representations on the subject to the Government of the + United States. I now lay his memoir thereon before the + Legislature, the only authority competent to a final decision + on the same. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 10, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate, for the information of Congress, a letter from + Cowles Mead, secretary of the Mississippi Territory, to the + Secretary of War, by which it will be seen that Mr. Burr had + reached that neighborhood on the 13th of January. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 10, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In compliance with the request of the House of + Representatives expressed in their resolution of the 5th + instant, I proceed to give such information as is possessed + of the effect of gunboats in the protection and defense of + harbors, of the numbers thought necessary, and of the + proposed distribution of them among the ports and harbors of + the United States. + </p> + <p> + Under present circumstances, and governed by the intentions + of the Legislature as manifested by their annual + appropriations of money for the purposes of defense, it has + been concluded to combine, first, land batteries furnished + with heavy cannon and mortars, and established on all the + points around the place favorable for preventing vessels from + lying before it; second, movable artillery, which may be + carried, as occasion may require, to points unprovided with + fixed batteries; third, floating batteries, and fourth, + gunboats which may oppose an enemy at his entrance and + cooperate with the batteries for his expulsion. + </p> + <p> + On this subject professional men were consulted as far as we + had opportunity. General Wilkinson and the late General Gates + gave their opinions in writing in favor of the system, as + will be seen by their letters now communicated. The higher + officers of the Navy gave the same opinions in separate + conferences, as their presence at the seat of Government + offered occasions of consulting them, and no difference of + judgment appeared on the subject. Those of Commodore Barren + and Captain Tingey, now here, are recently furnished in + writing, and transmitted herewith to the Legislature. + </p> + <p> + The efficacy of gunboats for the defense of harbors and of + other smooth and inclosed waters may be estimated in part + from that of galleys formerly much used but less powerful, + more costly in their construction and maintenance, and + requiring more men. But the gunboat itself is believed to be + in use with every modern maritime nation for the purposes of + defense. In the Mediterranean, on which are several small + powers whose system, like ours, is peace and defense, few + harbors are without this article of protection. Our own + experience there of the effect of gunboats for harbor service + is recent. Algiers is particularly known to have owed to a + great provision of these vessels the safety of its city since + the epoch of their construction, Before that it had been + repeatedly insulted and injured. The effect of gunboats at + present in the neighborhood of Gibraltar is well known, and + how much they were used both in the attack and defense of + that place during a former war. The extensive resort to them + by the two greatest naval powers in the world on an + enterprise of invasion not long since in prospect shews their + confidence in their efficacy for the purposes for which they + are suited. By the northern powers of Europe, whose seas are + particularly adapted to them, they are still more used. The + remarkable action between the Russian flotilla of gunboats + and galleys and a Turkish fleet of ships of the line and + frigates in the Liman Sea in 1788 will be readily + recollected. The latter, commanded by their most celebrated + admiral, were completely defeated, and several of their ships + of the line destroyed. + </p> + <p> + From the opinions given as to the number of gunboats + necessary for some of the principal seaports, and from a view + of all the towns and ports from Orleans to Maine, inclusive, + entitled to protection in proportion to their situation and + circumstances, it is concluded that to give them a due + measure of protection in times of war about 200 gunboats will + be requisite. + </p> + <p> + According to first ideas the following would be their general + distribution, liable to be varied on more mature examination + and as circumstances shall vary; that is to say: + </p> + <p> + To the Mississippi and its neighboring waters, 40 gunboats. + </p> + <p> + To Savannah and Charleston, and the harbors on each side from + St. Marys to Currituck, 25. + </p> + <p> + To the Chesapeake and its waters, 20. + </p> + <p> + To Delaware Bay and River, 15. + </p> + <p> + To New York, the Sound, and waters as far as Cape Cod, 50. + </p> + <p> + To Boston and the harbors north of Cape Cod, 50. + </p> + <p> + The flotillas assigned to these several stations might each + be under the care of a particular commandant, and the vessels + composing them would in ordinary be distributed among the + harbors within the station in proportion to their importance. + </p> + <p> + Of these boats a proper proportion would be of the larger + size, such as those heretofore built, capable of navigating + any seas and of reenforcing occasionally the strength of even + the most distant ports when menaced with danger. The residue + would be confined to their own or the neighboring harbors, + would be smaller, less furnished for accommodation, and + consequently less costly. Of the number supposed necessary, + 73 are built or building, and the 127 still to be provided + would cost from $500,000 to $600,000. Having regard to the + convenience of the Treasury as well as to the resources for + building, it has been thought that the one-half of these + might be built in the present year and the other half the + next. With the Legislature, however, it will rest to stop + where we are, or at any further point, when they shall be of + opinion that the number provided shall be sufficient for the + object. + </p> + <p> + At times when Europe as well as the United States shall be at + peace it would not be proposed that more than six or eight of + these vessels should be kept afloat. When Europe is in war, + treble that number might be necessary, to be distributed + among those particular harbors which foreign vessels of war + are in the habit of frequenting for the purpose of preserving + order therein. But they would be manned in ordinary, with + only their complement for navigation, relying on the seamen + and militia of the port if called into action on any sudden + emergency. It would be only when the United States should + themselves be at war that the whole number would be brought + into active service, and would be ready in the first moments + of the war to cooperate with the other means for covering at + once the line of our seaports. At all times those unemployed + would be withdrawn into places not exposed to sudden + enterprise, hauled up under sheds from the sun and weather, + and kept in preservation with little expense for repairs or + maintenance. + </p> + <p> + It must be superfluous to observe that this species of naval + armament is proposed merely for defensive operation; that it + can have but little effect toward protecting our commerce in + the open seas, even on our own coast; and still less can it + become an excitement to engage in offensive maritime war, + toward which it would furnish no means. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 11, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before Congress a statement of the militia of the + United States according to the latest returns received by the + Department of War. From two of the States no returns have + ever been received. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 19, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress a letter from our ministers + plenipotentiary at London, informing us that they have agreed + with the British commissioners to conclude a treaty on all + the points which had formed the object of their negotiation, + and on terms which they trusted we would approve. + </p> + <p> + Also a letter from our minister plenipotentiary at Paris + covering one to him from the minister of marine of that + Government assuring him that the imperial decree lately + passed was not to affect our commerce, which would still be + governed by the rules of the treaty established between the + two countries. + </p> + <p> + Also a letter from Cowles Mead, secretary of the Mississippi + Territory, acting as governor, informing us that Aaron Burr + had surrendered himself to the civil authority of that + Territory. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES OF + AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + During the wars which for some time have unhappily prevailed + among the powers of Europe the United States of America, firm + in their principles of peace, have endeavored, by justice, by + a regular discharge of all their national and social duties, + and by every friendly office their situation has admitted, to + maintain with all the belligerents their accustomed relations + of friendship, hospitality, and commercial intercourse. + Taking no part in the questions which animate these powers + against each other, nor permitting themselves to entertain a + wish but for the restoration of general peace, they have + observed with good faith the neutrality they assumed, and + they believe that no instance of a departure from its duties + can be justly imputed to them by any nation. A free use of + their harbors and waters, the means of refitting and of + refreshment, of succor to their sick and suffering, have at + all times and on equal principles been extended to all, and + this, too, amidst a constant recurrence of acts of + insubordination to the laws, of violence to the persons, and + of trespasses on the property of our citizens committed by + officers of one of the belligerent parties received among us. + In truth, these abuses of the laws of hospitality have, with + few exceptions, become habitual to the commanders of the + British armed vessels hovering on our coasts and frequenting + our harbors. They have been the subject of repeated + representations to their Government. Assurances have been + given that proper orders should restrain them within the + limits of the rights and of the respect due to a friendly + nation; but those orders and assurances have been without + effect—no instance of punishment for past wrongs has + taken place. At length a deed transcending all we have + hitherto seen or suffered brings the public sensibility to a + serious crisis and our forbearance to a necessary pause. A + frigate of the United States, trusting to a state of peace, + and leaving her harbor on a distant service, has been + surprised and attacked by a British vessel of superior + force—one of a squadron then lying in our waters and + covering the transaction—and has been disabled from + service, with the loss of a number of men killed and wounded. + This enormity was not only without provocation or justifiable + cause, but was committed with the avowed purpose of taking by + force from a ship of war of the United States a part of her + crew; and that no circumstance might be wanting to mark its + character, it had been previously ascertained that the seamen + demanded were native citizens of the United States. Having + effected her purpose, she returned to anchor with her + squadron within our jurisdiction. Hospitality under such + circumstances ceases to be a duty, and a continuance of it + with such uncontrolled abuses would tend only, by multiplying + injuries and irritations, to bring on a rupture between the + two nations. This extreme resort is equally opposed to the + interests of both, as it is to assurances of the most + friendly dispositions on the part of the British Government, + in the midst of which this outrage has been committed. In + this light the subject can not but present itself to that + Government and strengthen the motives to an honorable + reparation of the wrong which has been done, and to that + effectual control of its naval commanders which alone can + justify the Government of the United States in the exercise + of those hospitalities it is now constrained to discontinue. + </p> + <p> + In consideration of these circumstances and of the right of + every nation to regulate its own police, to provide for its + peace and for the safety of its citizens, and consequently to + refuse the admission of armed vessels into its harbors or + waters, either in such numbers or of such descriptions as are + inconsistent with these or with the maintenance of the + authority of the laws, I have thought proper, in pursuance of + the authorities specially given by law, to issue this my + proclamation, hereby requiring all armed vessels bearing + commissions under the Government of Great Britain now within + the harbors or waters of the United States immediately and + without any delay to depart from the same, and interdicting + the entrance of all the said harbors and waters to the said + armed vessels and to all others bearing commissions under the + authority of the British Government. + </p> + <p> + And if the said vessels, or any of them, shall fail to depart + as aforesaid, or if they or any others so interdicted shall + hereafter enter the harbors or waters aforesaid, I do in that + case forbid all intercourse with them, or any of them, their + officers or crews, and do prohibit all supplies and aid from + being furnished to them, or any of them. + </p> + <p> + And I do declare and make known that if any person from or + within the jurisdictional limits of the United States shall + afford any aid to any such vessel contrary to the prohibition + contained in this proclamation, either in repairing any such + vessel or in furnishing her, her officers or crew, with + supplies of any kind or in any manner whatsoever; or if any + pilot shall assist in navigating any of the said armed + vessels, unless it be for the purpose of carrying them in the + first instance beyond the limits and jurisdiction of the + United States, or unless it be in the case of a vessel forced + by distress or charged with public dispatches, as hereinafter + provided for, such person or persons shall on conviction + suffer all the pains and penalties by the laws provided for + such offenses. + </p> + <p> + And I do hereby enjoin and require all persons bearing + office, civil or military, within or under the authority of + the United States, and all others citizens or inhabitants + thereof, or being within the same, with vigilance and + promptitude to exert their respective authorities and to be + aiding and assisting to the carrying this proclamation and + every part thereof into full effect. + </p> + <p> + Provided, nevertheless, that if any such vessel shall be + forced into the harbors or waters of the United States by + distress, by the dangers of the sea, or by the pursuit of an + enemy, or shall enter them charged with dispatches or + business from their Government, or shall be a public packet + for the conveyance of letters and dispatches, the commanding + officer, immediately reporting his vessel to the collector of + the district, stating the object or causes of entering the + said harbors or waters, and conforming himself to the + regulations in that case prescribed under the authority of + the laws, shall be allowed the benefit of such regulations + respecting repairs, supplies, stay, intercourse, and + departure as shall be permitted under the same authority. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and signed the same. + </p> + <p> + [SEAL.] + </p> + <p> + Given at the city of Washington, the 2d day of July, A.D. + 1807, and of the Sovereignty and Independence of the United + States the thirty-first. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + <br> + By the President:<br> + JAMES MADISON,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + [From Annals of Congress, Tenth Congress, first session, vol. + i, 9.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas great and weighty matters claiming the consideration + of the Congress of the United States form an extraordinary + occasion for convening them, I do by these presents appoint + Monday, the 26th day of October next, for their meeting at + the city of Washington, hereby requiring the respective + Senators and Representatives then and there to assemble in + Congress, in order to receive such communications as may then + be made to them, and to consult and determine on such + measures as in their wisdom may be deemed meet for the + welfare of the United States. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be hereunto affixed, and signed the same with my + hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 30th day of July, A.D. + 1807, and in the thirty-second year of the Independence of + the United States. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + <br> + By the President:<br> + JAMES MADISON,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + [From the National Intelligencer, October 19, 1807.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas information has been received that a number of + individuals who have deserted from the Army of the United + States and sought shelter without the jurisdiction thereof + have become sensible of their offense and are desirous of + returning to their duty, a full pardon is hereby proclaimed + to each and all of such individuals as shall within four + months from the date hereof surrender themselves to the + commanding officer of any military post within the United + States or the Territories thereof. + </p> + <p> + [SEAL.] + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and signed the same + with my hand. + </p> + <p> + Done at the city of Washington, the 15th day of October, A.D. + 1807, and of the Independence of the United States of America + the thirty-second. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + <br> + By the President:<br> + JAMES MADISON,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SEVENTH ANNUAL MESSAGE. + </h2> + <p class="r"> + OCTOBER 27, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Circumstances, fellow-citizens, which seriously threatened + the peace of our country have made it a duty to convene you + at an earlier period than usual. The love of peace so much + cherished in the bosoms of our citizens, which has so long + guided the proceedings of their public councils and induced + forbearance under so many wrongs, may not insure our + continuance in the quiet pursuits of industry. The many + injuries and depredations committed on our commerce and + navigation upon the high seas for years past, the successive + innovations on those principles of public law which have been + established by the reason and usage of nations as the rule of + their intercourse and the umpire and security of their rights + and peace, and all the circumstances which induced the + extraordinary mission to London are already known to you. The + instructions given to our ministers were framed in the + sincerest spirit of amity and moderation. They accordingly + proceeded, in conformity therewith, to propose arrangements + which might embrace and settle all the points in difference + between us, which might bring us to a mutual understanding on + our neutral and national rights and provide for a commercial + intercourse on conditions of some equality. After long and + fruitless endeavors to effect the purposes of their mission + and to obtain arrangements within the limits of their + instructions, they concluded to sign such as could be + obtained and to send them for consideration, candidly + declaring to the other negotiators at the same time that they + were acting against their instructions, and that their + Government, therefore, could not be pledged for ratification. + Some of the articles proposed might have been admitted on a + principle of compromise, but others were too highly + disadvantageous, and no sufficient provision was made against + the principal source of the irritations and collisions which + were constantly endangering the peace of the two nations. The + question, therefore, whether a treaty should be accepted in + that form could have admitted but of one decision, even had + no declarations of the other party impaired our confidence in + it. Still anxious not to close the door against friendly + adjustment, new modifications were framed and further + concessions authorized than could before have been supposed + necessary; and our ministers were instructed to resume their + negotiations on these grounds. On this new reference to + amicable discussion we were reposing in confidence, when on + the 22d day of June last by a formal order from a British + admiral the frigate <i>Chesapeake</i>, leaving her port for a + distant service, was attacked by one of those vessels which + had been lying in our harbors under the indulgences of + hospitality, was disabled from proceeding, had several of her + crew killed and four taken away. On this outrage no + commentaries are necessary. Its character has been pronounced + by the indignant voice of our citizens with an emphasis and + unanimity never exceeded. I immediately, by proclamation, + interdicted our harbors and waters to all British armed + vessels, forbade intercourse with them, and uncertain how far + hostilities were intended, and the town of Norfolk, indeed, + being threatened with immediate attack, a sufficient force + was ordered for the protection of that place, and such other + preparations commenced and pursued as the prospect rendered + proper. An armed vessel of the United States was dispatched + with instructions to our ministers at London to call on that + Government for the satisfaction and security required by the + outrage. A very short interval ought now to bring the answer, + which shall be communicated to you as soon as received; then + also, or as soon after as the public interests shall be found + to admit, the unratified treaty and proceedings relative to + it shall be made known to you. + </p> + <p> + The aggression thus begun has been continued on the part of + the British commanders by remaining within our waters in + defiance of the authority of the country, by habitual + violations of its jurisdiction, and at length by putting to + death one of the persons whom they had forcibly taken from on + board the <i>Chesapeake</i>. These aggravations necessarily + lead to the policy either of never admitting an armed vessel + into our harbors or of maintaining in every harbor such an + armed force as may constrain obedience to the laws and + protect the lives and property of our citizens against their + armed guests; but the expense of such a standing force and + its inconsistence with our principles dispense with those + courtesies which would necessarily call for it, and leave us + equally free to exclude the navy, as we are the army, of a + foreign power from entering our limits. + </p> + <p> + To former violations of maritime rights another is now added + of very extensive effect. The Government of that nation has + issued an order interdicting all trade by neutrals between + ports not in amity with them; and being now at war with + nearly every nation on the Atlantic and Mediterranean seas, + our vessels are required to sacrifice their cargoes at the + first port they touch or to return home without the benefit + of going to any other market. Under this new law of the ocean + our trade on the Mediterranean has been swept away by + seizures and condemnations, and that in other seas is + threatened with the same fate. + </p> + <p> + Our differences with Spain remain still unsettled, no measure + having been taken on her part since my last communications to + Congress to bring them to a close. But under a state of + things which may favor reconsideration they have been + recently pressed, and an expectation is entertained that they + may now soon be brought to an issue of some sort. With their + subjects on our borders no new collisions have taken place + nor seem immediately to be apprehended. To our former grounds + of complaint has been added a very serious one, as you will + see by the decree a copy of which is now communicated. + Whether this decree, which professes to be conformable to + that of the French Government of November 21, 1806, + heretofore communicated to Congress, will also be conformed + to that in its construction and application in relation to + the United States had not been ascertained at the date of our + last communications. These, however, gave reason to expect + such a conformity. + </p> + <p> + With the other nations of Europe our harmony has been + uninterrupted, and commerce and friendly intercourse have + been maintained on their usual footing. + </p> + <p> + Our peace with the several states on the coast of Barbary + appears as firm as at any former period and as likely to + continue as that of any other nation. + </p> + <p> + Among our Indian neighbors in the northwestern quarter some + fermentation was observed soon after the late occurrences, + threatening the continuance of our peace. Messages were said + to be interchanged and tokens to be passing, which usually + denote a state of restlessness among them, and the character + of the agitators pointed to the sources of excitement. + Measures were immediately taken for providing against that + danger; instructions were given to require explanations, and, + with assurances of our continued friendship, to admonish the + tribes to remain quiet at home, taking no part in quarrels + not belonging to them. As far as we are yet informed, the + tribes in our vicinity, who are most advanced in the pursuits + of industry, are sincerely disposed to adhere to their + friendship with us and to their peace with all others, while + those more remote do not present appearances sufficiently + quiet to justify the intermission of military precaution on + our part. + </p> + <p> + The great tribes on our southwestern quarter, much advanced + beyond the others in agriculture and household arts, appear + tranquil and identifying their views with ours in proportion + to their advancement. With the whole of these people, in + every quarter, I shall continue to inculcate peace and + friendship with all their neighbors and perseverance in those + occupations and pursuits which will best promote their own + well-being. + </p> + <p> + The appropriations of the last session for the defense of our + seaport towns and harbors were made under expectation that a + continuance of our peace would permit us to proceed in that + work according to our convenience. It has been thought better + to apply the sums then given toward the defense of New York, + Charleston, and New Orleans chiefly, as most open and most + likely first to need protection, and to leave places less + immediately in danger to the provisions of the present + session. + </p> + <p> + The gunboats, too, already provided have on a like principle + been chiefly assigned to New York, New Orleans, and the + Chesapeake. Whether our movable force on the water, so + material in aid of the defensive works on the land, should be + augmented in this or any other form is left to the wisdom of + the Legislature. For the purpose of manning these vessels in + sudden attacks on our harbors it is a matter for + consideration whether the seamen of the United States may not + justly be formed into a special militia, to be called on for + tours of duty in defense of the harbors where they shall + happen to be, the ordinary militia of the place furnishing + that portion which may consist of landsmen. + </p> + <p> + The moment our peace was threatened I deemed it indispensable + to secure a greater provision of those articles of military + stores with which our magazines were not sufficiently + furnished. To have awaited a previous and special sanction by + law would have lost occasions which might not be retrieved. I + did not hesitate, therefore, to authorize engagements for + such supplements to our existing stock as would render it + adequate to the emergencies threatening us, and I trust that + the Legislature, feeling the same anxiety for the safety of + our country, so materially advanced by this precaution, will + approve, when done, what they would have seen so important to + be done if then assembled. Expenses, also unprovided for, + arose out of the necessity of calling all our gunboats into + actual service for the defense of our harbors; of all which + accounts will be laid before you. + </p> + <p> + Whether a regular army is to be raised, and to what extent, + must depend on the information so shortly expected. In the + meantime I have called on the States for quotas of militia, + to be in readiness for present defense, and have, moreover, + encouraged the acceptance of volunteers; and I am happy to + inform you that these have offered themselves with great + alacrity in every part of the Union. They are ordered to be + organized and ready at a moment's warning to proceed on any + service to which they may be called, and every preparation + within the Executive powers has been made to insure us the + benefit of early exertions. + </p> + <p> + I informed Congress at their last session of the enterprises + against the public peace which were believed to be in + preparation by Aaron Burr and his associates, of the measures + taken to defeat them and to bring the offenders to justice. + Their enterprises were happily defeated by the patriotic + exertions of the militia whenever called into action, by the + fidelity of the Army, and energy of the commander in chief in + promptly arranging the difficulties presenting themselves on + the Sabine, repairing to meet those arising on the + Mississippi, and dissipating before their explosion plots + engendering there. I shall think it my duty to lay before you + the proceedings and the evidence publicly exhibited on the + arraignment of the principal offenders before the circuit + court of Virginia. You will be enabled to judge whether the + defect was in the testimony, in the law, or in the + administration of the law; and wherever it shall be found, + the Legislature alone can apply or originate the remedy. The + framers of our Constitution certainly supposed they had + guarded as well their Government against destruction by + treason as their citizens against oppression under pretense + of it, and if these ends are not attained it is of importance + to inquire by what means more effectual they may be secured. + </p> + <p> + The accounts of the receipts of revenue during the year + ending on the 30th day of September last being not yet made + up, a correct statement will be hereafter transmitted from + the Treasury. In the meantime, it is ascertained that the + receipts have amounted to near $16,000,000, which, with the + five millions and a half in the Treasury at the beginning of + the year, have enabled us, after meeting the current demands + and interest incurred, to pay more than four millions of the + principal of our funded debt. These payments, with those of + the preceding five and a half years, have extinguished of the + funded debt $25,500,000, being the whole which could be paid + or purchased within the limits of the law and of our + contracts, and have left us in the Treasury $8,500,000. A + portion of this sum may be considered as a commencement of + accumulation of the surpluses of revenue which, after paying + the installments of debt as they shall become payable, will + remain without any specific object. It may partly, indeed, be + applied toward completing the defense of the exposed points + of our country, on such a scale as shall be adapted to our + principles and circumstances. This object is doubtless among + the first entitled to attention in such a state of our + finances, and it is one which, whether we have peace or war, + will provide security where it is due. Whether what shall + remain of this, with the future surpluses, may be usefully + applied to purposes already authorized or more usefully to + others requiring new authorities, or how otherwise they shall + be disposed of, are questions calling for the notice of + Congress, unless, indeed, they shall be superseded by a + change in our public relations now awaiting the determination + of others. Whatever be that determination, it is a great + consolation that it will become known at a moment when the + supreme council of the nation is assembled at its post, and + ready to give the aids of its wisdom and authority to + whatever course the good of our country shall then call us to + pursue. + </p> + <p> + Matters of minor importance will be the subjects of future + communications, and nothing shall be wanting on my part which + may give information or dispatch to the proceedings of the + Legislature in the exercise of their high duties, and at a + moment so interesting to the public welfare. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + NOVEMBER 11, 1807. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Some time had elapsed after the receipt of the late treaty + between the United States and Tripoli before the circumstance + drew particular attention that, although by the third article + the wife and children of the ex-Bashaw were to be restored to + him, this did not appear either to have been done or + demanded; still, it was constantly expected that explanations + on the subject would be received. None, however, having + arrived when Mr. Davis went as consul to Tripoli, he was + instructed to demand the execution of the article. He did so, + but was answered by the exhibition of a declaration, signed + by our negotiator the day after the signature of the treaty, + allowing four years for the restoration of the family. This + declaration and the letter of Mr. Davis stating what passed + on the occasion are now communicated to the Senate. On the + receipt of this letter I caused the correspondence of Mr. + Lear to be diligently reexamined in order to ascertain + whether there might have been a communication of this paper + made and overlooked or forgotten. None such, however, is + found. There appears only in a journalized account of the + transaction by Mr. Lear, under date of June 3, a passage + intimating that he should be disposed to give time rather + than suffer the business to be broken off and our countrymen + left in slavery; and again, that on the return of the person + who passed between himself and the Bashaw, and information + that the Bashaw would require time for the delivery of the + family, he consented, and went ashore to consummate the + treaty. This was done the next day, and being forwarded to us + as ultimately signed, and found to contain no allowance of + time nor any intimation that there was any stipulation but + what was in the public treaty, it was supposed that the + Bashaw had, in fine, abandoned the proposition, and the + instructions before mentioned were consequently given to Mr. + Davis. + </p> + <p> + An extract of so much of Mr. Lear's communication as relates + to this circumstance is now transmitted to the Senate, the + whole of the papers having been laid before them on a former + occasion. How it has happened that the declaration of June 5 + has never before come to our knowledge can not with certainty + be said, but whether there has been a miscarriage of it or a + failure of the ordinary attention and correctness of that + officer in making his communications, I have thought it due + to the Senate as well as to myself to explain to them the + circumstances which have withheld from their knowledge, as + they did from my own, a modification which, had it been + placed in the public treaty, would have been relieved from + the objections which candor and good faith can not but feel + in its present form. + </p> + <p> + As the restoration of the family has probably been effected, + a just regard to the character of the United States will + require that I make to the Bashaw a candid statement of + facts, and that the sacrifices of his right to the peace and + friendship of the two countries, by yielding finally to the + demand of Mr. Davis, be met by proper acknowledgments and + reparation on our part. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 19, 1807. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + According to the request expressed in your resolution of the + 18th instant, I now transmit a copy of my proclamation + interdicting our harbors and waters to British armed vessels + and forbidding intercourse with them, referred to in my + message of the 27th of October last. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 23, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Agreeably to the assurance given in my message at the opening + of the present session of Congress, I now lay before you a + copy of the proceedings and of the evidence exhibited on the + arraignment of Aaron Burr and others before the circuit court + of the United States held in Virginia in the course of the + present year, in as authentic form as their several parts + have admitted. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 23, 1807. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Some circumstance, which can not now be ascertained, induced + a belief that an act had passed at the last session of + Congress for establishing a surveyor and inspector of revenue + for the port of Stonington, in Connecticut, and commissions + were signed appointing Jonathan Palmer, of Connecticut, to + those offices. The error was discovered at the Treasury, and + the commissions were retained; but not having been notified + to me, I renewed the nomination in my message of the 9th + instant to the Senate. In order to correct the error, I have + canceled the temporary commissions, and now revoke the + nomination which I made of the said Jonathan Palmer to the + Senate. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 2, 1807. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the request made in the resolution of the + Senate of November 30, I must inform them that when the + prosecutions against Aaron Burr and his associates were + instituted I delivered to the Attorney-General all the + evidence on the subject, formal and informal, which I had + received, to be used by those employed in the prosecutions. + On the receipt of the resolution of the Senate I referred it + to the Attorney-General, with a request that he would enable + me to comply with it by putting into my hands such of the + papers as might give information relative to the conduct of + John Smith, a Senator from the State of Ohio, as an alleged + associate of Aaron Burr, and having this moment received from + him the affidavit of Elias Glover, with an assurance that it + is the only paper in his possession which is within the term + of the request of the Senate, I now transmit it for their + use. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 7, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Having recently received from our late minister + plenipotentiary at the Court of London a duplicate of + dispatches, the original of which has been sent by the + <i>Revenge</i> schooner, not yet arrived, I hasten to lay + them before both Houses of Congress. They contain the whole + of what has passed between the two Governments on the subject + of the outrage committed by the British ship <i>Leopard</i> + on the frigate <i>Chesapeake</i>. Congress will learn from + these papers the present state of the discussion on that + transaction, and that it is to be transferred to this place + by the mission of a special minister. + </p> + <p> + While this information will have its proper effect on their + deliberations and proceedings respecting the relations + between the two countries, they will be sensible that, the + negotiation being still depending, it is proper for me to + request that the communications may be considered as + confidential. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 18, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The communications now made, shewing the great and increasing + dangers with which our vessels, our seamen, and merchandise + are threatened on the high seas and elsewhere from the + belligerent powers of Europe, and it being of the greatest + importance to keep in safety these essential resources, I + deem it my duty to recommend the subject to the consideration + of Congress, who will doubtless perceive all the advantages + which may be expected from an inhibition of the departure of + our vessels from the ports of the United States. + </p> + <p> + Their wisdom will also see the necessity of making every + preparation for whatever events may grow out of the present + crisis. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 30, 1807. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress the inclosed letters from Governor + Hull, respecting the Indians in the vicinity of Detroit + residing within our lines. They contain information of the + state of things in that quarter which will properly enter + into their view in estimating the means to be provided for + the defense of our country generally. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 8, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now render to Congress the account of the fund established + for defraying the contingent expenses of Government for the + year 1807. Of the sum of $18,012.50, which remained + unexpended at the close of the year 1806, $8,731.11 have been + placed in the hands of the Attorney-General of the United + States, to enable him to defray sundry expenses incident to + the prosecution of Aaron Burr and his accomplices for + treasons and misdemeanors alleged to have been committed by + them, and the unexpended balance of $9,275.39 is now carried + according to law to the credit of the surplus fund. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 15, 1808. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + The posts of Detroit and Mackinac having been originally + intended by the Governments which established and held them + as mere depots for commerce with the Indians, very small + cessions of land around them were obtained or asked from the + native proprietors, and these posts depended for protection + on the strength of their garrisons. The principles of our + Government leading us to the employment of such moderate + garrisons in time of peace as may merely take care of the + post, and to a reliance on the neighboring militia for its + support in the first moments of war, I have thought it would + be important to obtain from the Indians such a cession in the + neighborhood of these posts as might maintain a militia + proportioned to this object; and I have particularly + contemplated, with this view, the acquisition of the eastern + moiety of the peninsula between lakes Michigan and Huron, + comprehending the waters of the latter and of Detroit River, + so soon as it could be effected with the perfect good will of + the natives. Governor Hull was therefore appointed a + commissioner to treat with them on this subject, but was + instructed to confine his propositions for the present to so + much of the tract before described as lay south of Saguina + Bay and round to the Connecticut Reserve, so as to + consolidate the new with the present settled country. The + result has been an acquisition of so much only of what would + have been acceptable as extends from the neighborhood of + Saguina Bay to the Miami of the Lakes, with a prospect of + soon obtaining a breadth of 2 miles for a communication from + the Miami to the Connecticut Reserve. The treaty for this + purpose entered into with the Ottoways, Chippeways, Wyandots, + and Pottawattamies at Detroit on the 17th of November last is + now transmitted to the Senate, and I ask their advice and + consent as to its ratification. + </p> + <p> + I communicate herewith such papers as bear any material + relation to the subject. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 15, 1808. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Although it is deemed very desirable that the United States + should obtain from the native proprietors the whole left bank + of the Mississippi to a certain breadth, yet to obliterate + from the Indian mind an impression deeply made in it that we + are constantly forming designs on their lands I have thought + it best where urged by no peculiar necessity to leave to + themselves and to the pressure of their own convenience only + to come forward with offers of sale to the United States. + </p> + <p> + The Choctaws, being indebted to certain mercantile characters + beyond what could be discharged by the ordinary proceeds of + their huntings, and pressed for payment by those creditors, + proposed at length to the United States to cede lands to the + amount of their debts, and designated them in two different + portions of their country. These designations not at all + suiting us, their proposals were declined for that reason, + and with an intimation that if their own convenience should + ever dispose them to cede their lands on the Mississippi we + should be willing to purchase. Still urged by their + creditors, as well as by their own desire to be liberated + from debt, they at length proposed to make a cession which + should be to our convenience. James Robertson, of Tennessee, + and Silas Dinsmore were thereupon appointed commissioners to + treat with them on that subject, with instructions to + purchase only on the Mississippi. On meeting their chiefs, + however, it was found that such was the attachment of the + nation to their lands on the Mississippi that their chiefs + could not undertake to cede them; but they offered all their + lands south of a line to be run from their and our boundary + at the Omochita eastwardly to their boundary with the Creeks, + on the ridge between the Tombigbee and Alabama, which would + unite our possessions there from Natchez to Tombigbee. A + treaty to this effect was accordingly signed at Pooshapekanuk + on the 16th of November, 1805; but this being against express + instructions, and not according with the object then in view, + I was disinclined to its ratification, and therefore did not + at the last session of Congress lay it before the Senate for + their advice, but have suffered it to lie unacted on. + </p> + <p> + Progressive difficulties, however, in our foreign relations + have brought into view considerations other than those which + then prevailed. It is now, perhaps, become as interesting to + obtain footing for a strong settlement of militia along our + southern frontier eastward of the Mississippi as on the west + of that river, and more so than higher up the river itself. + The consolidation of the Mississippi Territory and the + establishing a barrier of separation between the Indians and + our Southern neighbors are also important objects. The + cession is supposed to contain about 5,000,000 acres, of + which the greater part is said to be fit for cultivation, and + no inconsiderable proportion of the first quality, on the + various waters it includes; and the Choctaws and their + creditors are still anxious for the sale. + </p> + <p> + I therefore now transmit the treaty for the consideration of + the Senate, and I ask their advice and consent as to its + ratification. I communicate at the same time such papers as + bear any material relation to the subject, together with a + map on which is sketched the northern limit of the cession, + rather to give a general idea than with any pretension to + exactness, which our present knowledge of the country would + not warrant. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 20, 1808. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Some days previous to your resolutions of the 13th instant a + court of inquiry had been instituted at the request of + General Wilkinson, charged to make the inquiry into his + conduct which the first resolution desires, and had commenced + their proceedings. To the judge-advocate of that court the + papers and information on that subject transmitted to me by + the House of Representatives have been delivered, to be used + according to the rules and powers of that court. + </p> + <p> + The request of a communication of any information which may + have been received at any time since the establishment of the + present Government touching combinations with foreign agents + for dismembering the Union or the corrupt receipt of money by + any officer of the United States from the agents of foreign + governments can be complied with but in a partial degree. + </p> + <p> + It is well understood that in the first or second year of the + Presidency of General Washington information was given to him + relating to certain combinations with the agents of a foreign + government for the dismemberment of the Union, which + combinations had taken place before the establishment of the + present Federal Government. This information, however, is + believed never to have been deposited in any public office, + or left in that of the President's secretary, these having + been duly examined, but to have been considered as personally + confidential, and therefore retained among his private + papers. A communication from the governor of Virginia to + President Washington is found in the office of the + President's secretary, which, although not strictly within + the terms of the request of the House of Representatives, is + communicated, inasmuch as it may throw some light on the + subjects of the correspondence of that time between certain + foreign agents and citizens of the United States. + </p> + <p> + In the first or second year of the Administration of + President Adams Andrew Ellicott, then employed in + designating, in conjunction with the Spanish authorities, the + boundaries between the territories of the United States and + Spain, under the treaty with that nation, communicated to the + Executive of the United States papers and information + respecting the subjects of the present inquiry, which were + deposited in the Office of State. Copies of these are now + transmitted to the House of Representatives, except of a + single letter and a reference from the said Andrew Ellicott, + which, being expressly desired to be kept secret, is + therefore not communicated, but its contents can be obtained + from himself in a more legal form, and directions have been + given to summon him to appear as a witness before the court + of inquiry. + </p> + <p> + A paper on "The Commerce of Louisiana," bearing date the 18th + of April, 1798, is found in the Office of State, supposed to + have been communicated by Mr. Daniel Clark, of New Orleans, + then a subject of Spain, and now of the House of + Representatives of the United States, stating certain + commercial transactions of General Wilkinson in New Orleans. + An extract from this is now communicated, because it contains + facts which may have some bearing on the questions relating + to him. + </p> + <p> + The destruction of the War Office by fire in the close of + 1800 involved all information it contained at that date. + </p> + <p> + The papers already described therefore constitute the whole + of the information on the subjects deposited in the public + offices during the preceding Administrations, as far as has + yet been found; but it can not be affirmed that there may be + no other, because, the papers of the office being filed for + the most part alphabetically, unless aided by the suggestion + of any particular name which may have given such information, + nothing short of a careful examination of the papers in the + offices generally could authorize such an affirmation. + </p> + <p> + About a twelvemonth after I came to the administration of the + Government Mr. Clark gave some verbal information to myself, + as well as to the Secretary of State, relating to the same + combinations for the dismemberment of the Union. He was + listened to freely, and he then delivered the letter of + Governor Gayoso, addressed to himself, of which a copy is now + communicated. After his return to New Orleans he forwarded to + the Secretary of State other papers, with a request that + after perusal they should be burnt. This, however, was not + done, and he was so informed by the Secretary of State, and + that they would be held subject to his orders. These papers + have not yet been found in the office. A letter, therefore, + has been addressed to the former chief clerk, who may perhaps + give information respecting them. As far as our memories + enable us to say, they related only to the combinations + before spoken of, and not at all to the corrupt receipt of + money by any officer of the United States; consequently they + respected what was considered as a dead matter, known to the + preceding Administrations, and offering nothing new to call + for investigations, which those nearest the dates of the + transactions had not thought proper to institute. + </p> + <p> + In the course of the communications made to me on the subject + of the conspiracy of Aaron Burr I sometimes received letters, + some of them anonymous, some under names true or false, + expressing suspicions and insinuations against General + Wilkinson; but one only of them, and that anonymous, + specified any particular fact, and that fact was one of those + which had been already communicated to a former + Administration. + </p> + <p> + No other information within the purview of the request of the + House is known to have been received by any department of the + Government from the establishment of the present Federal + Government. That which has been recently communicated to the + House of Representatives, and by them to me, is the first + direct testimony ever made known to me charging General + Wilkinson with the corrupt receipt of money, and the House of + Representatives may be assured that the duties which this + information devolves on me shall be exercised with rigorous + impartiality. Should any want of power in the court to compel + the rendering of testimony obstruct that full and impartial + inquiry which alone can establish guilt or innocence and + satisfy justice, the legislative authority only will be + competent to the remedy. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 30, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The Choctaws, being indebted to their merchants beyond what + could be discharged by the ordinary proceeds of their + buntings, and pressed for payment, proposed to the United + States to cede lands to the amount of their debts, and + designated them in two different portions of their country. + These designations, not at all suiting us, were declined. + Still urged by their creditors, as well as by their own + desire to be liberated from debt, they at length proposed to + make a cession which should be to our convenience. By a + treaty signed at Pooshapuckanuck on the 16th of November, + 1805, they accordingly ceded all their lands south of a line + to be run from their and our boundary at the Omochita + eastwardly to their boundary with the Creeks, on the ridge + between the Tombigbee and Alabama, as is more particularly + described in the treaty, containing about 5,000,000 acres, as + is supposed, and uniting our possessions there from Adams to + Washington County. + </p> + <p> + The location contemplated in the instructions to the + commissioners was on the Mississippi. That in the treaty + being entirely different, I was at that time disinclined to + its ratification, and I have suffered it to lie unacted on. + But progressive difficulties in our foreign relations have + brought into view considerations other than those which then + prevailed. It is now, perhaps, as interesting to obtain + footing for a strong settlement of militia along our southern + frontier eastward of the Mississippi as on the west of that + river, and more so than higher up the river itself. The + consolidation of the Mississippi Territory and the + establishment of a barrier of separation between the Indians + and our Southern neighbors are also important objects; and + the Choctaws and their creditors being still anxious that the + sale should be made, I submitted the treaty to the Senate, + who have advised and consented to its ratification. I + therefore now lay it before both Houses of Congress for the + exercise of their constitutional powers as to the means of + fulfilling it. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 30, 1808. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + The posts of Detroit and Mackinac having been originally + intended by the Governments which established and held them + as mere depots for commerce with the Indians, very small + cessions of land around them were obtained or asked from the + native proprietors, and these posts depended for protection + on the strength of their garrisons. The principles of our + Government leading us to the employment of such moderate + garrisons in time of peace as may merely take care of the + post, and to a reliance on the neighboring militia for its + support in the first moments of war, I have thought it would + be important to obtain from the Indians such a cession in the + neighborhood of these posts as might maintain a militia + proportioned to this object; and I have particularly + contemplated, with this view, the acquisition of the eastern + moiety of the peninsula between the lakes Michigan, Huron, + and Erie, extending it to the Connecticut Reserve so soon as + it could be effected with the perfect good will of the + natives. + </p> + <p> + By a treaty concluded at Detroit on the 17th of November last + with the Ottoways, Chippeways, Wyandots, and Pattawatimas so + much of this country has been obtained as extends from about + Saguina Bay southwardly to the Miami of the Lakes, supposed + to contain upward of 5,000,000 acres, with a prospect of + obtaining for the present a breadth of 2 miles for a + communication from the Miami to the Connecticut Reserve. + </p> + <p> + The Senate having advised and consented to the ratification + of this treaty, I now lay it before both Houses of Congress + for the exercise of their constitutional powers as to the + means of fulfilling it. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 2, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Having received an official communication of certain orders + of the British Government against the maritime rights of + neutrals, bearing date the 11th of November, 1807, I transmit + them to Congress, as a further proof of the increasing + dangers to our navigation and commerce, which led to the + provident measure of the act of the present session laying an + embargo on our own vessels, + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 4, 1808. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In my message of January 20 I stated that some papers + forwarded by Mr. Daniel Clark, of New Orleans, to the + Secretary of State in 1803 had not then been found in the + Office of State, and that a letter had been addressed to the + former chief clerk, in the hope that he might advise where + they should be sought for. By indications received from him + they are now found. Among them are two letters from the Baron + de Carondelet to an officer serving under him at a separate + post, in which his views of a dismemberment of our Union are + expressed. Extracts of so much of these letters as are within + the scope of the resolution of the House are now + communicated. With these were found the letters written by + Mr. Clark to the Secretary of State in 1803. A part of one + only of these relates to this subject, and is extracted and + inclosed for the information of the House. In no part of the + papers communicated by Mr. Clark, which are voluminous and in + different languages, nor in his letters, have we found any + intimation of the corrupt receipt of money by any officer of + the United States from any foreign agent. As to the + combinations with foreign agents for dismembering the Union, + these papers and letters offer nothing which was not probably + known to my predecessors, or which could call anew for + inquiries, which they had not thought necessary to institute, + when the facts were recent and could be better proved. They + probably believed it best to let pass into oblivion + transactions which, however culpable, had commenced before + this Government existed, and had been finally extinguished by + the treaty of 1795. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 9, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress, for their information, a letter + from the person acting in the absence of our consul at + Naples, giving reason to believe, on the affidavit of a + Captain Sheffield, of the American schooner <i>Mary Ann</i>, + that the Dey of Algiers has commenced war against the United + States. For this no just cause has been given on our part + within my knowledge. We may daily expect more authentic and + particular information on the subject from Mr. Lear, who was + residing as our consul at Algiers. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 15, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate for the information of Congress a letter from + the consul of the United States at Malaga to the Secretary of + State, covering one from Mr. Lear, our consul at Algiers, + which gives information that the rupture threatened on the + part of the Dey of Algiers has been amicably settled, and the + vessels seized by him are liberated. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 19, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The States of Pennsylvania, Maryland, and Virginia having by + their several acts consented that the road from Cumberland to + the State of Ohio, authorized by the act of Congress of the + 29th of March, 1806, should pass through those States, and + the report of the commissioners, communicated to Congress + with my message of the 31st January, 1807, having been duly + considered, I have approved of the route therein proposed for + the said road as far as Brownsville, with a single deviation, + since located, which carries it through Uniontown. + </p> + <p> + From thence the course to the Ohio and the point within the + legal limits at which it shall strike that river is still to + be decided. In forming this decision I shall pay material + regard to the interests and wishes of the populous parts of + the State of Ohio and to a future and convenient connection + with the road which is to lead from the Indian boundary near + Cincinnati by Vincennes to the Mississippi at St. Louis, + under authority of the act of the 21st April, 1806. In this + way we may accomplish a continued and advantageous line of + communication from the seat of the General Government to St. + Louis, passing through several very interesting points of the + Western country. + </p> + <p> + I have thought it advisable also to secure from obliteration + the trace of the road so far as it has been approved, which + has been executed at such considerable expense, by opening + one-half of its breadth through its whole length. + </p> + <p> + The report of the commissioners, herewith transmitted, will + give particular information of their proceedings under the + act of the 29th March, 1806, since the date of my message of + the 31st January, 1807, and will enable Congress to adopt + such further measures relative thereto as they may deem + proper under existing circumstances. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 25, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The dangers to our country arising from the contests of other + nations and the urgency of making preparation for whatever + events might affect our relations with them have been + intimated in preceding messages to Congress. To secure + ourselves by due precautions an augmentation of our military + force, as well regular as of volunteer militia, seems to be + expedient. The precise extent of that augmentation can not as + yet be satisfactorily suggested, but that no time may be + lost, and especially at a season deemed favorable to the + object, I submit to the wisdom of the Legislature whether + they will authorize a commencement of this precautionary work + by a present provision for raising and organizing some + additional force, reserving to themselves to decide its + ultimate extent on such views of our situation as I may be + enabled to present at a future day of the session. + </p> + <p> + If an increase of force be now approved, I submit to their + consideration the outlines of a plan proposed in the inclosed + letter from the Secretary of War. + </p> + <p> + I recommend also to the attention of Congress the term at + which the act of April 18, 1806, concerning the militia, will + expire, and the effect of that expiration. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 26, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I inclose, for the information of Congress, letters recently + received from our ministers at Paris and London, + communicating their representations against the late decrees + and orders of France and Great Britain, heretofore + transmitted to Congress. These documents will contribute to + the information of Congress as to the dispositions of those + powers and the probable course of their proceedings toward + neutrals, and will doubtless have their due influence in + adopting the measures of the Legislature to the actual + crisis. + </p> + <p> + Although nothing forbids the general matter of these letters + from being spoken of without reserve, yet as the publication + of papers of this description would restrain injuriously the + freedom of our foreign correspondence, they are communicated + so far confidentially and with a request that after being + read to the satisfaction of both Houses they may be returned. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 1, 1808. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of February + 26, I now lay before them such memorials and petitions for + the district of Detroit, and such other information as is in + my possession, in relation to the conduct of William Hull, + governor of the Territory of Michigan, and Stanley Griswold, + esq., while acting as secretary of that Territory. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 2, 1808. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of November + 30, 1807, I now transmit a report of the Secretary of State + on the subject of impressments, as requested in that + resolution. The great volume of the documents and the time + necessary for the investigation will explain to the Senate + the causes of the delay which has intervened. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 7, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In the city of New Orleans and adjacent to it are sundry + parcels of ground, some of them with buildings and other + improvements on them, which it is my duty to present to the + attention of the Legislature. The title to these grounds + appears to have been retained in the former sovereigns of the + Province of Louisiana as public fiduciaries and for the + purposes of the Province. Some of them were used for the + residence of the governor, for public offices, hospitals, + barracks, magazines, fortifications, levees, etc., others for + the townhouse, schools, markets, landings, and other purposes + of the city of New Orleans; some were held by religious + corporations or persons, others seem to have been reserved + for future disposition. To these must be added a parcel + called the Batture, which requires more particular + description. It is understood to have been a shoal or + elevation of the bottom of the river adjacent to the bank of + the suburbs of St. Mary, produced by the successive + depositions of mud during the annual inundations of the + river, and covered with water only during those inundations. + At all other seasons it has been used by the city + immemorially to furnish earth for raising their streets and + courtyards, for mortar, and other necessary purposes, and as + a landing or quay for unlading firewood, lumber, and other + articles brought by water. This having been lately claimed, + by a private individual, the city opposed the claim on a + supposed legal title in itself; but it has been adjudged that + the legal title was not in the city. It is, however, alleged + that that title, originally in the former sovereigns, was + never parted with by them, but was retained in them for the + uses of the city and Province, and consequently has now + passed over to the United States. Until this question can be + decided under legislative authority, measures have been taken + according to law to prevent any change in the state of things + and to keep the grounds clear of intruders. The settlement of + this title, the appropriation of the grounds and improvements + formerly occupied for provincial purposes to the same or such + other objects as may be better suited to present + circumstances, the confirmation of the uses in other parcels + to such bodies, corporate or private, as may of right or on + other reasonable considerations expect them, are matters now + submitted to the determination of the legislature. + </p> + <p> + The papers and plans now transmitted will give them such + information on the subject as I possess, and being mostly + originals, I must request that they may be communicated from + the one to the other House, to answer the purposes of both. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 10, 1808. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + A purchase having lately been made from the Cherokee Indians + of a tract of land 6 miles square at the mouth of the + Chickamogga, on the Tennessee, I now lay the treaty and + papers relating to it before the Senate, with an explanation + of the views which have led to it. + </p> + <p> + It was represented that there was within that tract a great + abundance of iron ore of excellent quality, with a stream and + fall of water suitable for iron works; that the Cherokees + were anxious to have works established there, in the hope of + having a better supply of those implements of household and + agriculture of which they have learned the use and necessity, + but on the condition that they should be under the authority + and control of the United States. + </p> + <p> + As such an establishment would occasion a considerable and + certain demand for corn and other provisions and necessaries, + it seemed probable that it would immediately draw around it a + close settlement of the Cherokees, would encourage them to + enter on a regular life of agriculture, familiarize them with + the practice and value of the arts, attach them to property, + lead them of necessity and without delay to the establishment + of laws and government, and thus make a great and important + advance toward assimilating their condition to ours. At the + same time it offers considerable accommodation to the + Government by enabling it to obtain more conveniently than it + now can the necessary supplies of cast and wrought iron for + all the Indians south of the Tennessee, and for those also to + whom St. Louis is a convenient deposit, and will benefit such + of our own citizens likewise as shall be within its reach. + Under these views the purchase has been made, with the + consent and desire of the great body of the nation, although + not without some dissenting members, as must be the case will + all collections of men. But it is represented that the + dissentients are few, and under the influence of one or two + interested individuals. It is by no means proposed that these + works should be conducted on account of the United States. It + is understood that there are private individuals ready to + erect them, subject to such reasonable rent as may secure a + reimbursement to the United States, and to such other + conditions as shall secure to the Indians their rights and + tranquillity. + </p> + <p> + The instrument is now submitted to the Senate, with a request + of their advice and consent as to its ratification. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 17, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I have heretofore communicated to Congress the decrees of the + Government of France of November 21, 1806, and of Spain of + February 19, 1807, with the orders of the British Government + of January and November, 1807. + </p> + <p> + I now transmit a decree of the Emperor of France of December + 17,1807, and a similar decree of the 3d of January last by + His Catholic Majesty. Although the decree of France has not + been received by official communication, yet the different + channels of promulgation through which the public are + possessed of it, with the formal testimony furnished by the + Government of Spain in their decree, leave us without a doubt + that such a one has been issued. These decrees and orders, + taken together, want little of amounting to a declaration + that every neutral vessel found on the high seas, whatsoever + be her cargo and whatsoever foreign port be that of her + departure or destination, shall be deemed lawful prize; and + they prove more and more the expediency of retaining our + vessels, our seamen, and property within our own harbors + until the dangers to which they are exposed can be removed or + lessened. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 18, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The scale on which the Military Academy at West Point was + originally established is become too limited to furnish the + number of well-instructed subjects in the different branches + of artillery and engineering which the public service calls + for. The want of such characters is already sensibly felt, + and will be increased with the enlargement of our plans of + military preparation. The chief engineer, having been + instructed to consider the subject and to propose an + augmentation which might render the establishment + commensurate with the present circumstances of our country, + has made the report which I now transmit for the + consideration of Congress. + </p> + <p> + The idea suggested by him of removing the institution to this + place is also worthy of attention. Besides the advantage of + placing it under the immediate eye of the Government, it may + render its benefits common to the Naval Department, and will + furnish opportunities of selecting on better information the + characters most qualified to fulfill the duties which the + public service may call for. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 22, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + At the opening of the present session I informed the + Legislature that the measures which had been taken with the + Government of Great Britain for the settlement of our neutral + and national rights and of the conditions of commercial + intercourse with that nation had resulted in articles of a + treaty which could not be acceded to on our part; that + instructions had been consequently sent to our ministers + there to resume the negotiations, and to endeavor to obtain + certain alterations, and that this was interrupted by the + transaction which took place betweenthe frigates + <i>Leopard</i> and <i>Chesapeake</i>. The call on that + Government for reparation of this wrong produced, as Congress + has been already informed, the mission of a special minister + to this country, and the occasion is now arrived when the + public interest permits and requires that the whole of these + proceedings should be made known to you. + </p> + <p> + I therefore now communicate the instructions given to our + minister resident at London and his communications with that + Government on the subject of the <i>Chesapeake</i>, with the + correspondence which has taken place here between the + Secretary of State and Mr. Rose, the special minister charged + with the adjustment of that difference; the instructions to + our ministers for the formation of a treaty; their + correspondence with the British commissioners and with their + own Government on that subject; the treaty itself and written + declaration of the British commissioners accompanying it, and + the instructions given by us for resuming the negotiation, + with the proceedings and correspondence subsequent thereto. + To these I have added a letter lately addressed to the + Secretary of State from one of our late ministers, which, + though not strictly written in an official character, I think + it my duty to communicate, in order that his views of the + proposed treaty and of its several articles may be fairly + presented and understood. + </p> + <p> + Although I have heretofore and from time to time made such + communications to Congress as to keep them possessed of a + general and just view of the proceedings and dispositions of + the Government of France toward this country, yet in our + present critical situation, when we find that no conduct on + our part, however impartial and friendly, has been sufficient + to insure from either belligerent a just respect for our + rights, I am desirous that nothing shall be omitted on my + part which may add to your information on this subject or + contribute to the correctness of the views which should be + formed. The papers which for these reasons I now lay before + you embrace all the communications, official or verbal, from + the French Government respecting the general relations + between the two countries which have been transmitted through + our minister there, or through any other accredited channel, + since the last session of Congress, to which time all + information of the same kind had from time to time been given + them. Some of these papers have already been submitted to + Congress, but it is thought better to offer them again in + order that the chain of communications of which they make a + part may be presented unbroken. + </p> + <p> + When, on the 26th of February, I communicated to both Houses + the letter of General Armstrong to M. Champagny, I desired it + might not be published because of the tendency of that + practice to restrain injuriously the freedom of our foreign + correspondence. But perceiving that this caution, proceeding + purely from a regard to the public good, has furnished + occasion for disseminating unfounded suspicions and + insinuations, I am induced to believe that the good which + will now result from its publication, by confirming the + confidence and union of our fellow-citizens, will more than + countervail the ordinary objection to such publications. It + is my wish, therefore, that it may be now published. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 22, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In a separate message of this date I have communicated to + Congress so much as may be made public of papers which give a + full view of the present state of our relations with the two + contending powers, France and England. Everyone must be + sensible that in the details of instructions for negotiating + a treaty and in the correspondence and conferences respecting + it matters will occur which interest sometimes and sometimes + respect or other proper motives forbid to be made public. To + reconcile my duty in this particular with my desire of + letting Congress know everything which can give them a full + understanding of the subjects on which they are to act, I + have suppressed in the documents of the other message the + parts which ought not to be made public and have given them + in the supplementary and confidential papers herewith + inclosed, with such references as that they may be read in + their original places as if still standing in them; and when + these confidential papers shall have been read to the + satisfaction of the House, I request their return, and that + their contents may not be made public. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 25, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In proceeding to carry into execution the act for fortifying + our forts and harbors it is found that the sites most + advantageous for their defense, and sometimes the only sites + competent to that defense, are in some cases the property of + minors incapable of giving a valid consent to their + alienation; in others belong to persons who may refuse + altogether to alienate, or demand a compensation far beyond + the liberal justice allowable in such cases. From these + causes the defense of our seaboard, so necessary to be + pressed during the present season, will in various parts be + defeated unless a remedy can be applied. With a view to this + I submit the case to the consideration of Congress, who, + estimating its importance and reviewing the powers vested in + them by the Constitution, combined with the amendment + providing that private property shall not be taken for public + use without just compensation, will decide on the course most + proper to be pursued. + </p> + <p> + I am aware that as the consent of the legislature of the + State to the purchase of the site may not in some instances + have been previously obtained, exclusive legislation can not + be exercised therein by Congress until that consent is given. + But in the meantime it will be held under the same laws which + protect the property of individuals and other property of the + United States in the same State, and the legislatures at + their next meetings will have opportunities of doing what + will be so evidently called for by the particular interest of + their own State. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 25, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before Congress a statement of the militia of the + United States according to the latest returns received by the + Department of War. From the State of Delaware alone no return + has been made. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 25, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to both Houses of Congress a report from the + surveyor on the public buildings of the progress made on them + during the last session, of their present state, and of that + of the funds appropriated to them. These have been much + exceeded by the cost of the work done, a fact not known to me + till the close of the season. The circumstances from which it + arose are stated in the report of the surveyor. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 29, 1808. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + When the convention of the 7th of January, 1806, was entered + into with the Cherokees for the purchase of certain lands, it + was believed by both parties that the eastern limit, when run + in the direction therein prescribed, would have included all + the waters of Elk River. On proceeding to run that line, + however, it was found to omit a considerable extent of those + waters, on which were already settled about 200 families. The + Cherokees readily consented, for a moderate compensation, + that the line should be so run as to include all the waters + of that river. Our commissioners accordingly entered into an + explanatory convention for that purpose, which I now lay + before the Senate for consideration whether they will advise + and consent to its ratification. A letter from one of the + commissioners, now also inclosed, will more fully explain the + circumstances which led to it. + </p> + <p> + Lieutenant Pike on his journey up the Mississippi in 1805-6, + being at the village of the Sioux, between the rivers St. + Croix and St. Peters, conceived that the position was + favorable for a military and commercial post for the United + States whenever it should be thought expedient to advance in + that quarter. He therefore proposed to the chiefs a cession + of lands for that purpose. Their desire of entering into + connection with the United States and of getting a trading + house established there induced a ready consent to the + proposition, and they made, by articles of agreement now + inclosed, a voluntary donation to the United States of two + portions of land, the one of 9 miles square at the mouth of + the St. Croix, the other from below the mouth of St. Peters + up the Mississippi to St. Anthonys Falls, extending 9 miles + in width on each side of the Mississippi. These portions of + land are designated on the map now inclosed. Lieutenant Pike + on his part made presents to the Indians to some amount. This + convention, though dated the 23d of September, 1805, is but + lately received, and although we have no immediate view of + establishing a trading post at that place, I submit it to the + Senate for the sanction of their advice and consent to its + ratification, in order to give to our title a full validity + on the part of the United States, whenever it may be wanting, + for the special purpose which constituted in the mind of the + donors the sole consideration and inducement to the cession. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 30, 1808, + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Since my message of the 22d instant letters have been + received from our ministers at Paris and London, extracts + from which, with a letter to General Armstrong from the + French minister of foreign relations, and a letter from the + British envoy residing here to the Secretary of State, I now + communicate to Congress. They add to the materials for + estimating the dispositions of those Governments toward this + country. + </p> + <p> + The proceedings of both indicate designs of drawing us, if + possible, into the vortex of their contests; but every new + information confirms the prudence of guarding against these + designs as it does of adhering to the precautionary system + hitherto contemplated. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 2, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Believing that the confidence and union of our + fellow-citizens at the present crisis will be still further + confirmed by the publication of the letter of Mr. Champagny + to General Armstrong and that of Mr. Erskine to the Secretary + of State, communicated with my message of the 30th ultimo, + and therefore that it may be useful to except them from the + confidential character of the other documents accompanying + that message, I leave to the consideration of Congress the + expediency of making them public. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 8, 1808. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Agreeably to the request of the Senate in their resolution of + yesterday, I have examined my papers and find no letter from + Matthew Nimmo of the date of November 28, 1806, nor any other + from him of any date but that of January 23, 1807, now + transmitted, with all the papers in my possession which + accompanied it. Nor do I find any letter from John Smith, of + Ohio, bearing date at any time in the month of January, 1807. + </p> + <p> + Having delivered to the Attorney-General all the papers + respecting the conspiracy of Aaron Burr which came to my + hands during or before his prosecution, I might suppose the + letters above requested had been delivered to him; but I must + add my belief that I never received such letters, and the + ground of it. I am in the habit of noting daily in the list + kept for that purpose the letters I receive daily by the + names of the writers, and dates of time, and place, and this + has been done with such exactness that I do not recollect + ever to have detected a single omission. I have carefully + examined that list from the 1st of November, 1806, to the + last of June, 1807, and I find no note within that period of + the receipt of any letter from Matthew Nimmo but that now + transmitted, nor of any one of the date of January, 1807, + from John Smith, of Ohio. The letters noted as received from + him within that period are dated at Washington, February 2, + 2, 7, and 21, which I have examined, and find relating to + subjects entirely foreign to the objects of the resolution of + the 7th instant; and others, dated at Cincinnati, March 27, + April 6, 13, and 17, which, not being now in my possession, I + presume have related to Burr's conspiracy, and have been + delivered to the Attorney-General. I recollect nothing of + their particular contents. I must repeat, therefore, my firm + belief that the letters of Nimmo of November 28, 1806, and of + John Smith of January, 1807, never came to my hands, and that + if such were written (and Nimmo's letter expressly mentions + his of November 28), they have been intercepted or otherwise + miscarried. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 22, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to both Houses of Congress a letter from the envoy + of His Britannic Majesty at this place to the Secretary of + State on the subject of certain British claims to lands in + the Territory of Mississippi, relative to which several acts + have been heretofore passed by the Legislature. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas information has been received that sundry persons are + combined or combining and confederating together on Lake + Champlain and the country thereto adjacent for the purposes + of forming insurrections against the authority of the laws of + the United States, for opposing the same and obstructing + their execution, and that such combinations are too powerful + to be suppressed by the ordinary course of judicial + proceedings or by the powers vested in the marshals by the + laws of the United States: + </p> + <p> + Now, therefore, to the end that the authority of the laws may + be maintained, and that those concerned, directly or + indirectly, in any insurrection or combination against the + same may be duly warned, I have issued this my proclamation, + hereby commanding such insurgents and all concerned in such + combination instantly and without delay to disperse and + retire peaceably to their respective abodes. And I do hereby + further require and command all officers having authority, + civil or military, and all other persons, civil or military, + who shall be found within the vicinage of such insurrections + or combinations to be aiding and assisting by all the means + in their power, by force of arms or otherwise, to quell and + subdue such insurrections or combinations, to seize upon all + those therein concerned who shall not instantly and without + delay disperse and retire to their respective abodes, and to + deliver them over to the civil authority of the place, to be + proceeded against according to law. + </p> + <p> + [SEAL.] + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and signed the same + with my hand. + </p> + <p> + Given at the city of Washington, the 19th day of April, 1808, + and in the year of the Sovereignty and Independence of the + United States the thirty-second. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + <br> + By the President:<br> + JAMES MADISON,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + EIGHTH ANNUAL MESSAGE. + </h2> + <p class="r"> + NOVEMBER 8, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + It would have been a source, fellow-citizens, of much + gratification if our last communications from Europe had + enabled me to inform you that the belligerent nations, whose + disregard of neutral rights has been so destructive to our + commerce, had become awakened to the duty and true policy of + revoking their unrighteous edicts. That no means might be + omitted to produce this salutary effect, I lost no time in + availing myself of the act authorizing a suspension, in whole + or in part, of the several embargo laws. Our ministers at + London and Paris were instructed to explain to the respective + Governments there our disposition to exercise the authority + in such manner as would withdraw the pretext on of which the + aggressions were originally founded and open the way for a + renewal of that commercial intercourse which it was alleged + on all sides had been reluctantly obstructed. As each of + those Governments had pledged its readiness to concur in + renouncing a measure which reached its adversary through the + incontestable rights of neutrals only, and as the measure had + been assumed by each as a retaliation for an asserted + acquiescence in the aggressions of the other, it was + reasonably expected that the occasion would have been seized + by both for evincing the sincerity of their professions, and + for restoring to the commerce of the United States its + legitimate freedom. The instructions to our ministers with + respect to the different belligerents were necessarily + modified with a reference to their different circumstances, + and to the condition annexed by law to the Executive power of + suspension, requiring a decree of security to our commerce + which would not result from a repeal of the decrees of + France. Instead of a pledge, therefore, of a suspension of + the embargo as to her in case of such a repeal, it was + presumed that a sufficient inducement might be found in other + considerations, and particularly in the change produced by a + compliance with our just demands by one belligerent and a + refusal by the other in the relations between the other and + the United States. To Great Britain, whose power on the ocean + is so ascendant, it was deemed not inconsistent with that + condition to state explicitly that on her rescinding her + orders in relation to the United States their trade would be + opened with her, and remain shut to her enemy in case of his + failure to rescind his decrees also. From France no answer + has been received, nor any indication that the requisite + change in her decrees is contemplated. The favorable + reception of the proposition to Great Britain was the less to + be doubted, as her orders of council had not only been + referred for their vindication to an acquiescence on the part + of the United States no longer to be pretended, but as the + arrangement proposed, whilst it resisted the illegal decrees + of France, involved, moreover, substantially the precise + advantages professedly aimed at by the British orders. The + arrangement has nevertheless been rejected. + </p> + <p> + This candid and liberal experiment having thus failed, and no + other event having occurred on which a suspension of the + embargo by the Executive was authorized, it necessarily + remains in the extent originally given to it. We have the + satisfaction, however, to reflect that in return for the + privations imposed by the measure, and which our + fellow-citizens in general have borne with patriotism, it has + had the important effects of saving our mariners and our vast + mercantile property, as well as of affording time for + prosecuting the defensive and provisional measures called for + by the occasion. It has demonstrated to foreign nations the + moderation and firmness which govern our councils, and to our + citizens the necessity of uniting in support of the laws and + the rights of their country, and has thus long frustrated + those usurpations and spoliations which, if resisted, + involved war; if submitted to, sacrificed a vital principle + of our national independence. + </p> + <p> + Under a continuance of the belligerent measures which, in + defiance of laws which consecrate the rights of neutrals, + overspread the ocean with danger, it will rest with the + wisdom of Congress to decide on the course best adapted to + such a state of things; and bringing with them, as they do, + from every part of the Union the sentiments of our + constituents, my confidence is strengthened that in forming + this decision they will, with an unerring regard to the + essential rights and interests of the nation, weigh and + compare the painful alternatives out of which a choice is to + be made. Nor should I do justice to the virtues which on + other occasions have marked the character of our + fellow-citizens if I did not cherish an equal confidence that + the alternative chosen, whatever it may be, will be + maintained with all the fortitude and patriotism which the + crisis ought to inspire. + </p> + <p> + The documents containing the correspondences on the subject + of the foreign edicts against our commerce, with the + instructions given to our ministers at London and Paris, are + now laid before you. + </p> + <p> + The communications made to Congress at their last session + explained the posture in which the close of the discussions + relating to the attack by a British ship of war on the + frigate <i>Chesapeake</i> left a subject on which the nation + had manifested so honorable a sensibility. Every view of what + had passed authorized a belief that immediate steps would be + taken by the British Government for redressing a wrong which + the more it was investigated appeared the more clearly to + require what had not been provided for in the special + mission. It is found that no steps have been taken for the + purpose. On the contrary, it will be seen in the documents + laid before you that the inadmissible preliminary which + obstructed the adjustment is still adhered to, and, moreover, + that it is now brought into connection with the distinct and + irrelative case of the orders in council. The instructions + which had been given to our minister at London with a view to + facilitate, if necessary, the reparation claimed by the + United States are included in the documents communicated. + </p> + <p> + Our relations with the other powers of Europe have undergone + no material changes since your last session. The important + negotiations with Spain which had been alternately suspended + and resumed necessarily experience a pause under the + extraordinary and interesting crisis which distinguishes her + internal situation. + </p> + <p> + With the Barbary Powers we continue in harmony, with the + exception of an unjustifiable proceeding of the Dey of + Algiers toward our consul to that Regency. Its character and + circumstances are now laid before you, and will enable you to + decide how far it may, either now or hereafter, call for any + measures not within the limits of the Executive authority. + </p> + <p> + With our Indian neighbors the public peace has been steadily + maintained. Some instances of individual wrong have, as at + other times, taken place, but in no wise implicating the will + of the nation. Beyond the Mississippi the loways, the Sacs, + and the Alabamas have delivered up for trial and punishment + individuals from among themselves accused of murdering + citizens of the United States. On this side of the + Mississippi the Creeks are exerting themselves to arrest + offenders of the same kind, and the Choctaws have manifested + their readiness and desire for amicable and just arrangements + respecting depredations committed by disorderly persons of + their tribe. And, generally, from a conviction that we + consider them as a part of ourselves, and cherish with + sincerity their rights and interests, the attachment of the + Indian tribes is gaining strength daily—is extending + from the nearer to the more remote, and will amply requite us + for the justice and friendship practiced toward them. + Husbandry and household manufacture are advancing among them + more rapidly with the Southern than Northern tribes, from + circumstances of soil and climate, and one of the two great + divisions of the Cherokee Nation have now under consideration + to solicit the citizenship of the United States, and to be + identified with us in laws and government in such progressive + manner as we shall think best. + </p> + <p> + In consequence of the appropriations of the last session of + Congress for the security of our seaport towns and harbors, + such works of defense have been erected as seemed to be + called for by the situation of the several places, their + relative importance, and the scale of expense indicated by + the amount of the appropriation. These works will chiefly be + finished in the course of the present season, except at New + York and New Orleans, where most was to be done; and although + a great proportion of the last appropriation has been + expended on the former place, yet some further views will be + submitted to Congress for rendering its security entirely + adequate against naval enterprise. A view of what has been + done at the several places, and of what is proposed to be + done, shall be communicated as soon as the several reports + are received. + </p> + <p> + Of the gunboats authorized by the act of December last, it + has been thought necessary to build only 103 in the present + year. These, with those before possessed, are sufficient for + the harbors and waters most exposed, and the residue will + require little time for their construction when it shall be + deemed necessary. + </p> + <p> + Under the act of the last session for raising an additional + military force so many officers were immediately appointed as + were necessary for carrying on the business of recruiting, + and in proportion as it advanced others have been added. We + have reason to believe their success has been satisfactory, + although such returns have not yet been received as enable me + to present you a statement of the numbers engaged. + </p> + <p> + I have not thought it necessary in the course of the last + season to call for any general detachments of militia or of + volunteers under the laws passed for that purpose. For the + ensuing season, however, they will be required to be in + readiness should their service be wanted, Some small and + special detachments have been necessary to maintain trie laws + of embargo on that portion of our northern frontier which + offered peculiar facilities for evasion, but these were + replaced as soon as it could be done by bodies of new + recruits. By the aid of these and of the armed vessels called + into service in other quarters the spirit of disobedience and + abuse, which manifested itself early and with sensible effect + while we were unprepared to meet it, has been considerably + repressed. + </p> + <p> + Considering the extraordinary character of the times in which + we live, our attention should unremittingly be fixed on the + safety of our country. For a people who are free, and who + mean to remain so, a well organized and armed militia is + their best security. It is therefore incumbent on us at every + meeting to revise the condition of the militia, and to ask + ourselves if it is prepared to repel a powerful enemy at + every point of our territories exposed to invasion. Some of + the States have paid a laudable attention to this object, but + every degree of neglect is to be found among others. Congress + alone having the power to produce an uniform state of + preparation in this great organ of defense, the interests + which they so deeply feel in their own and their country's + security will present this as among the most important + objects of their deliberation. + </p> + <p> + Under the acts of March 11 and April 23 respecting arms, the + difficulty of procuring them from abroad during the present + situation and dispositions of Europe induced us to direct our + whole efforts to the means of internal supply. The public + factories have therefore been enlarged, additional + machineries erected, and, in proportion as artificers can be + found or formed, their effect, already more than doubled, may + be increased so as to keep pace with the yearly increase of + the militia. The annual sums appropriated by the latter act + have been directed to the encouragement of private factories + of arms, and contracts have been entered into with individual + undertakers to nearly the amount of the first year's + appropriation. + </p> + <p> + The suspension of our foreign commerce, produced by the + injustice of the belligerent powers, and the consequent + losses and sacrifices of our citizens are subjects of just + concern. The situation into which we have thus been forced + has impelled us to apply a pbrtion of our industry and + capital to internal manufactures and improvements. The extent + of this conversion is daily increasing, and little doubt + remains that the establishments formed and forming will, + under the auspices of cheaper materials and subsistence, the + freedom of labor from taxation with us, and of protecting + duties and prohibitions, become permanent. The commerce with + the Indians, too, within our own boundaries is likely to + receive abundant aliment from the same internal source, and + will secure to them peace and the progress of civilization, + undisturbed by practices hostile to both. + </p> + <p> + The accounts of the receipts and expenditures during the year + ending the 30th of September last being not yet made up, a + correct statement will hereafter be transmitted from the + Treasury. In the meantime it is ascertained that the receipts + have amounted to near $18,000,000, which, with the eight + millions and a half in the Treasury at the beginning of the + year, have enabled us, after meeting the current demands and + interest incurred, to pay $2,300,000 of the principal of our + funded debt, and left us in the Treasury on that day near + $14,000,000. Of these, $5,350,000 will be necessary to pay + what will be clue on the 1st day of January next, which will + complete the reimbursement of the 8 per cent stock. These + payments, with those made in the six years and a half + preceding, will have extinguished $33,580,000 of the + principal of the funded debt, being the whole which could be + paid or purchased within the limits of the law and of our + contracts, and the amount of principal thus discharged will + have liberated the revenue from about $2,000,000 of interest + and added that sum annually to the disposable surplus. The + probable accumulation of the surpluses of revenue beyond what + can be applied to the payment of the public debt whenever the + freedom and safety of our commerce shall be restored merits + the consideration of Congress. Shall it lie unproductive in + the public vaults? Shall the revenue be reduced? Or shall it + not rather be appropriated to the improvements of roads, + canals, rivers, education, and other great foundations of + prosperity and union under the powers which Congress may + already possess or such amendment of the Constitution as may + be approved by the States? While uncertain of the course of + things, the time may be advantageously employed in obtaining + the powers necessary for a system of improvement, should that + be thought best. + </p> + <p> + Availing myself of this the last occasion which will occur of + addressing the two Houses of the Legislature at their + meeting, I can not omit the expression of my sincere + gratitude for the repeated proofs of confidence manifested to + me by themselves and their predecessors since my call to the + administration and the many indulgences experienced at their + hands. The same grateful acknowledgments are due to my + fellow-citizens generally, whose support has been my great + encouragement under all embarrassments. In the transaction of + their business I can not have escaped error. It is incident + to out imperfect nature. But I may say with truth my errors + have been of the understanding, not of intention, and that + the advancement of their rights and interests has been the + constant motive for every measure. On these considerations I + solicit their indulgence. Looking forward with anxiety to + their future destinies, I trust that in their steady + character, unshaken by difficulties, in their love of + liberty, obedience to law, and support of the public + authorities I see a sure guaranty of the permanence of our + Republic; and, retiring from the charge of their affairs, I + carry with me the consolation of a firm persuasion that + Heaven has in store for our beloved country long ages to come + of prosperity and happiness. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + NOVEMBER 8, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The documents communicated with my public message of this day + contain such portions of the correspondences therein referred + to, of the ministers of the United States at Paris and + London, as relate to the present state of affairs between + those Governments and the United States, and as may be made + public. I now communicate, confidentially, such supplementary + portions of the same correspondences as I deem improper for + publication, yet necessary to convey to Congress full + information on a subject of their deliberations so + interesting to our country. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 11, 1808. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <hr> + <p> + The governor of the Mississippi Territory having thought it + expedient to dissolve the general assembly of that Territory, + according to the authority vested in him by the ordinance of + July 13, 1787, and having declared it dissolved accordingly, + some doubt was suggested whether that declaration effected + the dissolution of the legislative council. On mature + consideration and advice I approved of the proceeding of the + governor. The house of representatives of the Territory, + since chosen, have consequently nominated ten persons out of + whom a legislative council should be appointed. I do + accordingly nominate and, by and with the advice and consent + of the Senate, shall appoint John Flood McGrew, Thomas + Calvit, James Lea, Alexander Montgomery, and Daniel Burnet, + being five of the said ten persons, to serve as a legislative + council for the said Territory, to continue in office five + years, unless sooner removed according to law. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 13, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now transmit to both Houses of Congress a report of the + commissioners appointed under the act of March 29, 1806, + concerning a road from Cumberland to Ohio, being a statement + of the proceedings under the said act since their last report + communicated to Congress, in order that Congress may be + enabled to adopt such further measures as may be proper under + existing circumstances. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 23, 1808. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + According to the request of the Senate in their resolution of + November 14, that copies should be laid before them of all + the orders and decrees of the belligerent powers of Europe, + passed since 1791, affecting the commercial rights of the + United States, I now transmit them a report of the Secretary + of State of such of them as have been attainable in the + Department of State and are supposed to have entered into the + views of the Senate. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 27, 1808. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + According to the request expressed by the Senate in their + resolution of November 14, I now transmit a report of the + Secretary of the Treasury and statement showing, as far as + returns have been received from the collectors, the number of + vessels which have departed from the United States with + permission, and specifying the other particulars contemplated + by that resolution. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 30, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + At the request of the governor, the senate, and house of + representatives of the Commonwealth of Pennsylvania, I + communicate certain resolutions entered into by the said + senate and house of representatives, and approved by the + governor, on the 23d instant. It can not but be encouraging + to those whom the nation has placed in the direction of their + affairs to see that their fellow-citizens will press forward + in support of their country in proportion as it is threatened + by the disorganizing conflicts of the other hemisphere. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 30, 1808. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before the Legislature a letter from Governor Claiborne + on the subject of a small tribe of Alabama Indians on the + western side of the Mississippi, consisting of about a dozen + families. Like other erratic tribes in that country, it is + understood that they have hitherto moved from place to place + according to their convenience, without appropriating to + themselves exclusively any particular territory; but having + now become habituated to some of the occupations of civilized + life, they wish for a fixed residence. I suppose it will be + the interest of the United States to encourage the wandering + tribes of that country to reduce themselves to fixed + habitations whenever they are so disposed. The establishment + of towns and growing attachments to them will furnish in some + degree pledges of their peaceable and friendly conduct. The + case of this particular tribe is now submitted to the + consideration of Congress. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 6, 1809. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before Congress a statement of the works of defense + which it has been thought necessary to provide in the first + instance for the security of our seaport towns and harbors, + and of the progress toward their completion. Their extent has + been adapted to the scale of the appropriation and to the + circumstances of the several places. + </p> + <p> + The works undertaken at New York are calculated to annoy and + endanger any naval force which shall enter the harbor, and, + still more, one which should attempt to lie before the city. + To prevent altogether the entrance of large vessels, a line + of blocks across the harbor has been contemplated, and would, + as is believed, with the auxiliary means already provided, + render that city safe against naval enterprise. The expense + as well as the importance of the work renders it a subject + proper for the special consideration of Congress. + </p> + <p> + At New Orleans two separate systems of defense are + necessary—the one for the river, the other for the + lake, which at present can give no aid to one another. The + canal now leading from the lake, if continued into the river, + would enable the armed vessels in both stations to unite, and + to meet in conjunction an attack from either side. Half the + aggregate force would then have the same effect as the whole, + or the same force double the effect of what either can now + have. It would also enable the vessels stationed in the lake + when attacked by superior force to retire to a safer position + in the river. The same considerations of expense and + importance render this also a question for the special + decision of Congress. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 13, 1809. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now render to Congress the account of the fund established + for defraying the contingent expenses of Government for the + year 1808. Of the $20,000 appropriated for that purpose, + $2,000 were deposited in the hands of the Attorney-General of + the United States to pay expenses incident to the prosecution + of Aaron Burr and his accomplices for treason and + misdemeanors alleged to have been committed by them; $990 + were paid to the order of Governor Williams on the same + account, and the balance of $17,010 remains in the Treasury + unexpended. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 17, 1809. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress certain letters which passed + between the British secretary of state, Mr. Canning, and Mr. + Pinkney, our minister plenipotentiary at London. When the + documents concerning the relations between the United States + and Great Britain were laid before Congress at the + commencement of the session, the answer of Mr. Pinkney to the + letter of Mr. Canning had not been received, and a + communication of the latter alone would have accorded neither + with propriety nor with the wishes of Mr. Pinkney. When that + answer afterwards arrived it was considered that, as what had + passed by conversation had been superseded by the written and + formal correspondence on the subject, the variance in the two + statements of what had verbally passed was not of sufficient + importance to be made the matter of a distinct and special + communication. The letter of Mr. Canning, however, having + lately appeared in print, unaccompanied by that of Mr. + Pinkney in reply, and having a tendency to make impressions + not warranted by the statements of Mr. Pinkney, it has become + proper that the whole should be brought into public view. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 24, 1809. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + According to the resolution of the Senate of the 17th + instant, I now transmit them the information therein + requested, respecting the execution of the act of Congress of + February 21, 1806, appropriating $2,000,000 for defraying any + extraordinary expenses attending the intercourse between the + United States and foreign nations. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 30, 1809. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress a letter recently received from our + minister at the Court of St. James, covering one to him from + the British secretary of state, with his reply. These are + communicated as forming a sequel to the correspondence which + accompanied my message to both Houses of the 17th instant. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 18, 1809. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I submit a treaty, concluded at Brownstown, in the Territory + of Michigan, between the United States and the Chippewas, + Ottawas, Potawattamies, Wyandots, and Shawnees, on the 25th + day of November last, whereby those tribes grant to the + United States two roads, therein described, for the decision + of the Senate whether they will advise and consent to the + ratification of it. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 24, 1809. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + The Emperor of Russia has on several occasions indicated + sentiments particularly friendly to the United States, and + expressed a wish through different channels that a diplomatic + intercourse should be established between the two countries. + His high station and the relations of Russia to the + predominant powers of Europe must give him weight with them + according to the vicissitudes of the war, and his influence + in negotiations for peace may be of value to the United + States should arrangements of any sort affecting them be + contemplated by other powers in the present extraordinary + state of the world; and under the constant possibility of + sudden negotiations for peace I have thought that the + friendly dispositions of such a power might be advantageously + cherished by a mission which should manifest our willingness + to meet his good will. I accordingly commissioned in the + month of August last William Short, formerly minister + plenipotentiary of the United States at Madrid, to proceed as + minister plenipotentiary to the Court of St. Petersburg, and + he proceeded accordingly; and I now nominate him to the + Senate for that appointment. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 25, 1809. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before Congress a statement of the militia of the + United States according to the latest returns received by the + Department of War. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From Annals of Congress, Tenth Congress, second session, + 462.] + </center> + <p class="r"> + WASHINGTON, <i>December 30, 1808</i>. + </p> + <p> + <i>The President of the United States to</i> + ———, <i>Senator for the State of</i> + ———. + </p> + <p> + Certain matters touching the public good requiring that the + Senate should be convened on Saturday, the 4th day of March + next, you are desired to attend at the Senate Chamber, in the + city of Washington, on that day, then and there to deliberate + on such communications as shall be made to you. + </p> + <p class="r"> + TH. JEFFERSON. + </p> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents, by Edited by James D. Richardson + +*** END OF THIS PROJECT GUTENBERG EBOOK THOMAS JEFFERSON *** + +***** This file should be named 10893-h.htm or 10893-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/0/8/9/10893/ + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + +Each eBook is in a subdirectory of the same number as the eBook's +eBook number, often in several formats including plain vanilla ASCII, +compressed (zipped), HTML and others. + +Corrected EDITIONS of our eBooks replace the old file and take over +the old filename and etext number. The replaced older file is renamed. +VERSIONS based on separate sources are treated as new eBooks receiving +new filenames and etext numbers. + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + +EBooks posted prior to November 2003, with eBook numbers BELOW #10000, +are filed in directories based on their release date. If you want to +download any of these eBooks directly, rather than using the regular +search system you may utilize the following addresses and just +download by the etext year. + + https://www.gutenberg.org/etext06 + + (Or /etext 05, 04, 03, 02, 01, 00, 99, + 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90) + +EBooks posted since November 2003, with etext numbers OVER #10000, are +filed in a different way. The year of a release date is no longer part +of the directory path. The path is based on the etext number (which is +identical to the filename). The path to the file is made up of single +digits corresponding to all but the last digit in the filename. For +example an eBook of filename 10234 would be found at: + + https://www.gutenberg.org/1/0/2/3/10234 + +or filename 24689 would be found at: + https://www.gutenberg.org/2/4/6/8/24689 + +An alternative method of locating eBooks: + https://www.gutenberg.org/GUTINDEX.ALL + + + + +</pre> + + </body> +</html> diff --git a/old/10893.txt b/old/10893.txt new file mode 100644 index 0000000..dd3d9b6 --- /dev/null +++ b/old/10893.txt @@ -0,0 +1,8254 @@ +The Project Gutenberg EBook of A Compilation of the Messages and Papers of +the Presidents, by Edited by James D. Richardson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Compilation of the Messages and Papers of the Presidents + Section 3 (of 4) of Volume 1: Thomas Jefferson + +Author: Edited by James D. Richardson + +Release Date: January 31, 2004 [EBook #10893] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THOMAS JEFFERSON *** + + + + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + + + + +A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS. + +BY JAMES D. RICHARDSON + + +Thomas Jefferson + +March 4, 1801, to March 4, 1809 + + + + + + +Thomas Jefferson + +Thomas Jefferson was born at Shadwell, Albemarle County, Va., on April +2 (old style), 1743. He was the oldest son of Peter Jefferson, who died +in 1757. After attending private schools, he entered William and Mary +College in 1760. In 1767 began the practice of the law. In 1769 was +chosen to represent his county in the Virginia house of burgesses, a +station he continued to fill up to the period of the Revolution. He +married Mrs. Martha Skelton in 1772, she being a daughter of John +Wayles, an eminent lawyer of Virginia. On March 12, 1773, was chosen +a member of the first committee of correspondence established by the +Colonial legislature. Was elected a delegate to the Continental Congress +in 1775; was placed on the Committee of Five to prepare the Declaration +of Independence, and at the request of that committee he drafted the +Declaration, which, with slight amendments, was adopted July 4, 1776. +Resigned his seat in Congress and occupied one in the Virginia +legislature in October, 1776. Was elected governor of Virginia by the +legislature on June 1, 1779, to succeed Patrick Henry. Retired to +private life at the end of his term as governor, but was the same year +elected again to the legislature. Was appointed commissioner with others +to negotiate treaties with France in 1776, but declined. In 1782 he was +appointed by Congress minister plenipotentiary to act with others in +Europe in negotiating a treaty of peace with Great Britain. Was again +elected a Delegate to Congress in 1783, and as a member of that body +he advocated and had adopted the dollar as the unit and the present +system of coins and decimals. In May, 1784, was appointed minister +plenipotentiary to Europe to assist John Adams and Benjamin Franklin +in negotiating treaties of commerce. In March, 1785, was appointed by +Congress minister at the French Court to succeed Dr. Franklin, and +remained in France until September, 1789. On his arrival at Norfolk, +November 23, 1789, received a letter from Washington offering him the +appointment of Secretary of State in his Cabinet. Accepted and became +the first Secretary of State under the Constitution. December 31, 1793, +resigned his place in the Cabinet and retired to private life at his +home. In 1796 was brought forward by his friends as a candidate for +President, but Mr. Adams, receiving the highest number of votes, was +elected President, and Jefferson became Vice-President for four years +from March 4, 1797. In 1800 was again voted for by his party for +President. He and Mr. Burr received an equal number of electoral votes, +and under the Constitution the House of Representatives was called upon +to elect. Mr. Jefferson was chosen on the thirty-sixth ballot. Was +reelected in 1804, and retired finally from public life March 4, 1809. +He died on the 4th day of July, 1826, and was buried at Monticello, Va. + + + + + +NOTIFICATION OF ELECTION. + + +Mr. Pinckney, from the committee instructed on the 18th instant to wait +on the President elect to notify him of his election, reported that the +committee had, according to order, performed that service, and addressed +the President elect in the following words, to wit: + +The committee beg leave to express their wishes for the prosperity of +your Administration and their sincere desire that it may promote your +own happiness and the welfare of our country. + +To which the President elect was pleased to make the following reply: + +I receive, gentlemen, with profound thankfulness this testimony of +confidence from the great representative council of our nation. It fills +up the measure of that grateful satisfaction which had already been +derived from the suffrages of my fellow-citizens themselves, designating +me as one of those to whom they were willing to commit this charge, the +most important of all others to them. In deciding between the candidates +whom their equal vote presented to your choice, I am sensible that age +has been respected rather than more active and useful qualifications. + +I know the difficulties of the station to which I am called, and feel +and acknowledge my incompetence to them. But whatsoever of +understanding, whatsoever of diligence, whatsoever of justice or of +affectionate concern for the happiness of man, it has pleased Providence +to place within the compass of my faculties shall be called forth for +the discharge of the duties confided to me, and for procuring to my +fellow-citizens all the benefits which our Constitution has placed under +the guardianship of the General Government. + +Guided by the wisdom and patriotism of those to whom it belongs to +express the legislative will of the nation, I will give to that will +a faithful execution. + +I pray you, gentlemen, to convey to the honorable body from which you +are deputed the homage of my humble acknowledgments and the sentiments +of zeal and fidelity by which I shall endeavor to merit these proofs of +confidence from the nation and its Representatives; and accept +yourselves my particular thanks for the obliging terms in which you have +been pleased to communicate their will. + +TH. JEFFERSON. + +FEBRUARY 20, 1801. + + + + +LETTER FROM THE PRESIDENT ELECT. + + +The President laid before the Senate a letter from the President elect +of the United States, which was read, as follows: + +WASHINGTON, _March 2, 1801_. + +The PRESIDENT PRO TEMPORE OF THE SENATE. + +SIR: I beg leave through you to inform the honorable the Senate of the +United States that I propose to take the oath which the Constitution +prescribes to the President of the United States before he enters on the +execution of his office on Wednesday, the 4th instant, at 12 o'clock, in +the Senate Chamber. + +I have the honor to be, with the greatest respect, sir, your most +obedient and most humble servant, + +TH. JEFFERSON. + +(The same letter was sent to the House of Representatives.) + + + + +FIRST INAUGURAL ADDRESS. + + +AT WASHINGTON, D.C. + +_Friends and Fellow-Citizens_. + +Called upon to undertake the duties of the first executive office of our +country, I avail myself of the presence of that portion of my +fellow-citizens which is here assembled to express my grateful thanks +for the favor with which they have been pleased to look toward me, to +declare a sincere consciousness that the task is above my talents, and +that I approach it with those anxious and awful presentiments which the +greatness of the charge and the weakness of my powers so justly inspire. +A rising nation, spread over a wide and fruitful land, traversing all +the seas with the rich productions of their industry, engaged in +commerce with nations who feel power and forget right, advancing rapidly +to destinies beyond the reach of mortal eye--when I contemplate these +transcendent objects, and see the honor, the happiness, and the hopes of +this beloved country committed to the issue and the auspices of this +day, I shrink from the contemplation, and humble myself before the +magnitude of the undertaking. Utterly, indeed, should I despair did not +the presence of many whom I here see remind me that in the other high +authorities provided by our Constitution I shall find resources of +wisdom, of virtue, and of zeal on which to rely under all difficulties. +To you, then, gentlemen, who are charged with the sovereign functions of +legislation, and to those associated with you, I look with encouragement +for that guidance and support which may enable us to steer with safety +the vessel in which we are all embarked amidst the conflicting elements +of a troubled world. + +During the contest of opinion through which we have passed the animation +of discussions and of exertions has sometimes worn an aspect which might +impose on strangers unused to think freely and to speak and to write +what they think; but this being now decided by the voice of the nation, +announced according to the rules of the Constitution, all will, of +course, arrange themselves under the will of the law, and unite in +common efforts for the common good. All, too, will bear in mind this +sacred principle, that though the will of the majority is in all cases +to prevail, that will to be rightful must be reasonable; that the +minority possess their equal rights, which equal law must protect, and +to violate would be oppression. Let us, then, fellow-citizens, unite +with one heart and one mind. Let us restore to social intercourse that +harmony and affection without which liberty and even life itself are but +dreary things. And let us reflect that, having banished from our land +that religious intolerance under which mankind so long bled and +suffered, we have yet gained little if we countenance a political +intolerance as despotic, as wicked, and capable of as bitter and bloody +persecutions. During the throes and convulsions of the ancient world, +during the agonizing spasms of infuriated man, seeking through blood and +slaughter his long-lost liberty, it was not wonderful that the agitation +of the billows should reach even this distant and peaceful shore; that +this should be more felt and feared by some and less by others, and +should divide opinions as to measures of safety. But every difference of +opinion is not a difference of principle. We have called by different +names brethren of the same principle. We are all Republicans, we are all +Federalists. If there be any among us who would wish to dissolve this +Union or to change its republican form, let them stand undisturbed as +monuments of the safety with which error of opinion may be tolerated +where reason is left free to combat it. I know, indeed, that some honest +men fear that a republican government can not be strong, that this +Government is not strong enough; but would the honest patriot, in the +full tide of successful experiment, abandon a government which has so +far kept us free and firm on the theoretic and visionary fear that this +Government, the world's best hope, may by possibility want energy to +preserve itself? I trust not. I believe this, on the contrary, the +strongest Government on earth. I believe it the only one where every +man, at the call of the law, would fly to the standard of the law, and +would meet invasions of the public order as his own personal concern. +Sometimes it is said that man can not be trusted with the government of +himself. Can he, then, be trusted with the government of others? Or have +we found angels in the forms of kings to govern him? Let history answer +this question. + +Let us, then, with courage and confidence pursue our own Federal and +Republican principles, our attachment to union and representative +government. Kindly separated by nature and a wide ocean from the +exterminating havoc of one quarter of the globe; too high-minded to +endure the degradations of the others; possessing a chosen country, with +room enough for our descendants to the thousandth and thousandth +generation; entertaining a due sense of our equal right to the use of +our own faculties, to the acquisitions of our own industry, to honor and +confidence from our fellow-citizens, resulting not from birth, but from +our actions and their sense of them; enlightened by a benign religion, +professed, indeed, and practiced in various forms, yet all of them +inculcating honesty, truth, temperance, gratitude, and the love of man; +acknowledging and adoring an overruling Providence, which by all its +dispensations proves that it delights in the happiness of man here and +his greater happiness hereafter--with all these blessings, what more is +necessary to make us a happy and a prosperous people? Still one thing +more, fellow-citizens--a wise and frugal Government, which shall +restrain men from injuring one another, shall leave them otherwise free +to regulate their own pursuits of industry and improvement, and shall +not take from the mouth of labor the bread it has earned. This is the +sum of good government, and this is necessary to close the circle of our +felicities. + +About to enter, fellow-citizens, on the exercise of duties which +comprehend everything dear and valuable to you, it is proper you should +understand what I deem the essential principles of our Government, and +consequently those which ought to shape its Administration. I will +compress them within the narrowest compass they will bear, stating the +general principle, but not all its limitations. Equal and exact justice +to all men, of whatever state or persuasion, religious or political; +peace, commerce, and honest friendship with all nations, entangling +alliances with none; the support of the State governments in all their +rights, as the most competent administrations for our domestic concerns +and the surest bulwarks against antirepublican tendencies; the +preservation of the General Government in its whole constitutional +vigor, as the sheet anchor of our peace at home and safety abroad; a +jealous care of the right of election by the people--a mild and safe +corrective of abuses which are lopped by the sword of revolution where +peaceable remedies are unprovided; absolute acquiescence in the +decisions of the majority, the vital principle of republics, from which +is no appeal but to force, the vital principle and immediate parent of +despotism; a well-disciplined militia, our best reliance in peace and +for the first moments of war, till regulars may relieve them; the +supremacy of the civil over the military authority; economy in the +public expense, that labor may be lightly burthened; the honest payment +of our debts and sacred preservation of the public faith; encouragement +of agriculture, and of commerce as its handmaid; the diffusion of +information and arraignment of all abuses at the bar of the public +reason; freedom of religion; freedom of the press, and freedom of person +under the protection of the habeas corpus, and trial by juries +impartially selected. These principles form the bright constellation +which has gone before us and guided our steps through an age of +revolution and reformation. The wisdom of our sages and blood of our +heroes have been devoted to their attainment. They should be the creed +of our political faith, the text of civic instruction, the touchstone by +which to try the services of those we trust; and should we wander from +them in moments of error or of alarm, let us hasten to retrace our steps +and to regain the road which alone leads to peace, liberty, and safety. + +I repair, then, fellow-citizens, to the post you have assigned me. With +experience enough in subordinate offices to have seen the difficulties +of this the greatest of all, I have learnt to expect that it will rarely +fall to the lot of imperfect man to retire from this station with the +reputation and the favor which bring him into it. Without pretensions to +that high confidence you reposed in our first and greatest revolutionary +character, whose preeminent services had entitled him to the first place +in his country's love and destined for him the fairest page in the +volume of faithful history, I ask so much confidence only as may give +firmness and effect to the legal administration of your affairs. I shall +often go wrong through defect of judgment. When right, I shall often be +thought wrong by those whose positions will not command a view of the +whole ground. I ask your indulgence for my own errors, which will never +be intentional, and your support against the errors of others, who may +condemn what they would not if seen in all its parts. The approbation +implied by your suffrage is a great consolation to me for the past, and +my future solicitude will be to retain the good opinion of those who +have bestowed it in advance, to conciliate that of others by doing them +all the good in my power, and to be instrumental to the happiness and +freedom of all. + +Relying, then, on the patronage of your good will, I advance with +obedience to the work, ready to retire from it whenever you become +sensible how much better choice it is in your power to make. And may +that Infinite Power which rules the destinies of the universe lead our +councils to what is best, and give them a favorable issue for your peace +and prosperity. + +MARCH 4, 1801. + + + + +PROCLAMATION. + + +[From the National Intelligencer, March 13, 1801.] + +BY THE PRESIDENT OF THE UNITED STATES. + +Whereas by the first article of the terms and conditions declared by the +President of the United States on the iyth day of October, 1791, for +regulating the materials and manner of buildings and improvements on the +lots in the city of Washington, it is provided "that the outer and party +walls of all houses in the said city shall be built of brick or stone;" +and by the third article of the same terms and conditions it is declared +"that the wall of no house shall be higher than 40 feet to the roof in +any part of the city, nor shall any be lower than 35 feet in any of the +avenues;" and + +Whereas the above-recited articles were found to impede the settlement +in the city of mechanics and others whose circumstances did not admit of +erecting houses authorized by the said regulations, for which cause the +President of the United States, by a writing under his hand, bearing +date the 25th day of June, 1796, suspended the operation of the said +articles until the first Monday of December, 1800, and the beneficial +effects arising from such suspension having been experienced, it is +deemed proper to revive the same: + +Wherefore I, Thomas Jefferson, President of the United States, do +declare that the operation of the first and third articles above recited +shall be, and the same is hereby, suspended until the ist day of +January, 1802, and that all the houses which shall be erected in the +said city of Washington previous to the said 1st day of January, 1802, +conformable in other respects to the regulations aforesaid, shall be +considered as lawfully erected, except that no wooden house shall be +erected within 24 feet of any brick or stone house. + +Given under my hand this 11th day of March, 1801. + +TH. JEFFERSON. + + + + +In communicating his first message to Congress, President Jefferson +addressed the following letter to the presiding officer of each branch +of the National Legislature: + + +DECEMBER 8, 1801. + +The Honorable the PRESIDENT OF THE SENATE. + +SIR: The circumstances under which we find ourselves at this place +rendering inconvenient the mode heretofore practiced of making by +personal address the first communications between the legislative and +executive branches, I have adopted that by message, as used on all +subsequent occasions through the session. In doing this I have had +principal regard to the convenience of the Legislature, to the economy +of their time, to their relief from the embarrassment of immediate +answers on subjects not yet fully before them, and to the benefits +thence resulting to the public affairs. Trusting that a procedure +founded in these motives will meet their approbation, I beg leave +through you, sir, to communicate the inclosed message, with the +documents accompanying it, to the honorable the Senate, and pray you +to accept for yourself and them the homage of my high respect and +consideration. + +TH. JEFFERSON. + + + + +FIRST ANNUAL MESSAGE. + + +DECEMBER 8, 1801. + +_Fellow-Citizens of the Senate and House of Representatives_: + +It is a circumstance of sincere gratification to me that on meeting the +great council of our nation I am able to announce to them on grounds of +reasonable certainty that the wars and troubles which have for so many +years afflicted our sister nations have at length come to an end, and +that the communications of peace and commerce are once more opening +among them. Whilst we devoutly return thanks to the beneficent Being who +has been pleased to breathe into them the spirit of conciliation and +forgiveness, we are bound with peculiar gratitude to be thankful to Him +that our own peace has been preserved through so perilous a season, and +ourselves permitted quietly to cultivate the earth and to practice and +improve those arts which tend to increase our comforts. The assurances, +indeed, of friendly disposition received from all the powers with whom +we have principal relations had inspired a confidence that our peace +with them would not have been disturbed. But a cessation of +irregularities which had affected the commerce of neutral nations and of +the irritations and injuries produced by them can not but add to this +confidence, and strengthens at the same time the hope that wrongs +committed on unoffending friends under a pressure of circumstances will +now be reviewed with candor, and will be considered as founding just +claims of retribution for the past and new assurance for the future. + +Among our Indian neighbors also a spirit of peace and friendship +generally prevails, and I am happy to inform yon that the continued +efforts to introduce among them the implements and the practice of +husbandry and of the household arts have not been without success; that +they are becoming more and more sensible of the superiority of this +dependence for clothing and subsistence over the precarious resources of +hunting and fishing, and already we are able to announce that instead of +that constant diminution of their numbers produced by their wars and +their wants, some of them begin to experience an increase of population. + +To this state of general peace with which we have been blessed, one only +exception exists. Tripoli, the least considerable of the Barbary States, +had come forward with demands unfounded either in right or in compact, +and had permitted itself to denounce war on our failure to comply before +a given day. The style of the demand admitted but one answer. I sent a +small squadron of frigates into the Mediterranean, with assurances to +that power of our sincere desire to remain in peace, but with orders to +protect our commerce against the threatened attack. The measure was +seasonable and salutary. The Bey had already declared war. His cruisers +were out. Two had arrived at Gibraltar. + +Our commerce in the Mediterranean was blockaded and that of the Atlantic +in peril. The arrival of our squadron dispelled the danger. One of the +Tripolitan cruisers having fallen in with and engaged the small schooner +_Enterprise_, commanded by Lieutenant Sterret, which had gone as a +tender to our larger vessels, was captured, after a heavy slaughter of +her men, without the loss of a single one on our part. The bravery +exhibited by our citizens on that element will, I trust, be a testimony +to the world that it is not the want of that virtue which makes us seek +their peace, but a conscientious desire to direct the energies of our +nation to the multiplication of the human race, and not to its +destruction. Unauthorized by the Constitution, without the sanction of +Congress, to go beyond the line of defense, the vessel, being disabled +from committing further hostilities, was liberated with its crew. The +Legislature will doubtless consider whether, by authorizing measures of +offense also, they will place our force on an equal footing with that of +its adversaries. I communicate all material information on this subject, +that in the exercise of this important function confided by the +Constitution to the Legislature exclusively their judgment may form +itself on a knowledge and consideration of every circumstance of weight. + +I wish I could say that our situation with all the other Barbary States +was entirely satisfactory. Discovering that some delays had taken place +in the performance of certain articles stipulated by us, I thought it my +duty, by immediate measures for fulfilling them, to vindicate to +ourselves the right of considering the effect of departure from +stipulation on their side. From the papers which will be laid before you +you will be enabled to judge whether our treaties are regarded by them +as fixing at all the measure of their demands or as guarding from the +exercise of force our vessels within their power, and to consider how +far it will be safe and expedient to leave our affairs with them in +their present posture. + +I lay before you the result of the census lately taken of our +inhabitants, to a conformity with which we are now to reduce the ensuing +ratio of representation and taxation. You will perceive that the +increase of numbers during the last ten years, proceeding in geometrical +ratio, promises a duplication in little more than twenty-two years. We +contemplate this rapid growth and the prospect it holds up to us, not +with a view to the injuries it may enable us to do others in some future +day, but to the settlement of the extensive country still remaining +vacant within our limits to the multiplication of men susceptible of +happiness, educated in the love of order, habituated to self-government, +and valuing its blessings above all price. + +Other circumstances, combined with the increase of numbers, have +produced an augmentation of revenue arising from consumption in a ratio +far beyond that of population alone; and though the changes in foreign +relations now taking place so desirably for the whole world may for a +season affect this branch of revenue, yet weighing all probabilities of +expense as well as of income, there is reasonable ground of confidence +that we may now safely dispense with all the internal taxes, +comprehending excise, stamps, auctions, licenses, carriages, and refined +sugars, to which the postage on newspapers may be added to facilitate +the progress of information, and that the remaining sources of revenue +will be sufficient to provide for the support of Government, to pay the +interest of the public debts, and to discharge the principals within +shorter periods than the laws or the general expectation had +contemplated. War, indeed, and untoward events may change this prospect +of things and call for expenses which the imposts could not meet; but +sound principles will not justify our taxing the industry of our +fellow-citizens to accumulate treasure for wars to happen we know not +when, and which might not, perhaps, happen but from the temptations +offered by that treasure. + +These views, however, of reducing our burthens are formed on the +expectation that a sensible and at the same time a salutary reduction +may take place in our habitual expenditures. For this purpose those of +the civil Government, the Army, and Navy will need revisal. + +When we consider that this Government is charged with the external, and +mutual relations only of these States; that the States themselves have +principal care of our persons, our property, and our reputation, +constituting the great field of human concerns, we may well doubt +whether our organization is not too complicated, too expensive; whether +offices and officers have not been multiplied unnecessarily and +sometimes injuriously to the service they were meant to promote. I will +cause to be laid before you an essay toward a statement of those who, +under public employment of various kinds, draw money from the Treasury +or from our citizens. Time has not permitted a perfect enumeration, the +ramifications of office being too multiplied and remote to be completely +traced in a first trial. Among those who are dependent on Executive +discretion I have begun the reduction of what was deemed unnecessary. +The expenses of diplomatic agency have been considerably diminished. The +inspectors of internal revenue who were found to obstruct the +accountability of the institution have been discontinued. Several +agencies created by Executive authority, on salaries fixed by that also, +have been suppressed, and should suggest the expediency of regulating +that power by law, so as to subject its exercises to legislative +inspection and sanction. Other reformations of the same kind will be +pursued with that caution which is requisite in removing useless things, +not to injure what is retained. But the great mass of public offices is +established by law, and therefore by law alone can be abolished. Should +the Legislature think it expedient to pass this roll in review and try +all its parts by the test of public utility, they may be assured of +every aid and light which Executive information can yield. Considering +the general tendency to multiply offices and dependencies and to +increase expense to the ultimate term of burthen which the citizen can +bear, it behooves us to avail ourselves of every occasion which presents +itself for taking off the surcharge, that it never may be seen here that +after leaving to labor the smallest portion of its earnings on which it +can subsist, Government shall itself consume the whole residue of what +it was instituted to guard. + +In our care, too, of the public contributions intrusted to our direction +it would be prudent to multiply barriers against their dissipation by +appropriating specific sums to every specific purpose susceptible of +definition; by disallowing all applications of money varying from the +appropriation in object or transcending it in amount; by reducing the +undefined field of contingencies and thereby circumscribing +discretionary powers over money, and by bringing back to a single +department all accountabilities for money, where the examinations may be +prompt, efficacious, and uniform. + +An account of the receipts and expenditures of the last year, as +prepared by the Secretary of the Treasury, will, as usual, be laid +before you. The success which has attended the late sales of the public +lands shews that with attention they may be made an important source of +receipt. Among the payments those made in discharge of the principal and +interest of the national debt will shew that the public faith has been +exactly maintained. To these will be added an estimate of appropriations +necessary for the ensuing year. This last will, of course, be affected +by such modifications of the system of expense as you shall think proper +to adopt. + +A statement has been formed by the Secretary of War, on mature +consideration, of all the posts and stations where garrisons will be +expedient and of the number of men requisite for each garrison. The +whole amount is considerably short of the present military +establishment. For the surplus no particular use can be pointed out. For +defense against invasion their number is as nothing, nor is it conceived +needful or safe that a standing army should be kept up in time of peace +for that purpose. Uncertain as we must ever be of the particular point +in our circumference where an enemy may choose to invade us, the only +force which can be ready at every point and competent to oppose them is +the body of neighboring citizens as formed into a militia. On these, +collected from the parts most convenient in numbers proportioned to the +invading force, it is best to rely not only to meet the first attack, +but if it threatens to be permanent to maintain the defense until +regulars may be engaged to relieve them. These considerations render it +important that we should at every session continue to amend the defects +which from time to time shew themselves in the laws for regulating the +militia until they are sufficiently perfect. Nor should we now or at any +time separate until we can say we have done everything for the militia +which we could do were an enemy at our door. + +The provision of military stores on hand will be laid before you, that +you may judge of the additions still requisite. + +With respect to the extent to which our naval preparations should be +carried some difference of opinion may be expected to appear, but just +attention to the circumstances of every part of the Union will doubtless +reconcile all. A small force will probably continue to be wanted for +actual service in the Mediterranean. Whatever annual sum beyond that you +may think proper to appropriate to naval preparations would perhaps be +better employed in providing those articles which may be kept without +waste or consumption, and be in readiness when any exigence calls them +into use. Progress has been made, as will appear by papers now +communicated, in providing materials for 74-gun ships as directed by +law. + +How far the authority given by the Legislature for procuring and +establishing sites for naval purposes has been perfectly understood and +pursued in the execution admits of some doubt. A statement of the +expenses already incurred on that subject is now laid before you. I have +in certain cases suspended or slackened these expenditures, that the +Legislature might determine whether so many yards are necessary as have +been contemplated. The works at this place are among those permitted to +go on, and five of the seven frigates directed to be laid up have been +brought and laid up here, where, besides the safety of their position, +they are under the eye of the Executive Administration, as well as of +its agents, and where yourselves also will be guided by your own view in +the legislative provisions respecting them which may from time to time +be necessary. They are preserved in such condition, as well the vessels +as whatever belongs to them, as to be at all times ready for sea on a +short warning. Two others are yet to be laid up so soon as they shall +have received the repairs requisite to put them also into sound +condition. As a superintending officer will be necessary at each yard, +his duties and emoluments, hitherto fixed by the Executive, will be a +more proper subject for legislation. A communication will also be made +of our progress in the execution of the law respecting the vessels +directed to be sold. + +The fortifications of our harbors, more or less advanced, present +considerations of great difficulty. While some of them are on a scale +sufficiently proportioned to the advantages of their position, to the +efficacy of their protection, and the importance of the points within +it, others are so extensive, will cost so much in their first erection, +so much in their maintenance, and require such a force to garrison them +as to make it questionable what is best now to be done. A statement of +those commenced or projected, of the expenses already incurred, and +estimates of their future cost, as far as can be foreseen, shall be laid +before you, that you may be enabled to judge whether any alteration is +necessary in the laws respecting this subject. + +Agriculture, manufactures, commerce, and navigation, the four pillars of +our prosperity, are then most thriving when left most free to individual +enterprise. Protection from casual embarrassments, however, may +sometimes be seasonably interposed. If in the course of your +observations or inquiries they should appear to need any aid within the +limits of our constitutional powers, your sense of their importance is a +sufficient assurance they will occupy your attention. We can not, +indeed, but all feel an anxious solicitude for the difficulties under +which our carrying trade will soon be placed. How far it can be +relieved, otherwise than by time, is a subject of important +consideration. + +The judiciary system of the United States, and especially that portion +of it recently erected, will of course present itself to the +contemplation of Congress, and, that they may be able to judge of the +proportion which the institution bears to the business it has to +perform, I have caused to be procured from the several States and now +lay before Congress an exact statement of all the causes decided since +the first establishment of the courts, and of those which were depending +when additional courts and judges were brought in to their aid. + +And while on the judiciary organization it will be worthy your +consideration whether the protection of the inestimable institution of +juries has been extended to all the cases involving the security of our +persons and property. Their impartial selection also being essential to +their value, we ought further to consider whether that is sufficiently +secured in those States where they are named by a marshal depending on +Executive will or designated by the court or by officers dependent on +them. + +I can not omit recommending a revisal of the laws on the subject of +naturalization. Considering the ordinary chances of human life, a denial +of citizenship under a residence of fourteen years is a denial to a +great proportion of those who ask it, and controls a policy pursued from +their first settlement by many of these States, and still believed of +consequence to their prosperity; and shall we refuse to the unhappy +fugitives from distress that hospitality which the savages of the +wilderness extended to our fathers arriving in this land? Shall +oppressed humanity find no asylum on this globe? The Constitution indeed +has wisely provided that for admission to certain offices of important +trust a residence shall be required sufficient to develop character and +design. But might not the general character and capabilities of a +citizen be safely communicated to everyone manifesting a bona fide +purpose of embarking his life and fortunes permanently with us, with +restrictions, perhaps, to guard against the fraudulent usurpation of our +flag, an abuse which brings so much embarrassment and loss on the +genuine citizen and so much danger to the nation of being involved in +war that no endeavor should be spared to detect and suppress it? + +These, fellow-citizens, are the matters respecting the state of the +nation which I have thought of importance to be submitted to your +consideration at this time. Some others of less moment or not yet ready +for communication will be the subject of separate messages. I am happy +in this opportunity of committing the arduous affairs of our Government +to the collected wisdom of the Union. Nothing shall be wanting on my +part to inform as far as in my power the legislative judgment, nor to +carry that judgment into faithful execution. The prudence and temperance +of your discussions will promote within your own walls that conciliation +which so much befriends rational conclusion, and by its example will +encourage among our constituents that progress of opinion which is +tending to unite them in object and in will. That all should be +satisfied with any one order of things is not to be expected; but I +indulge the pleasing persuasion that the great body of our citizens will +cordially concur in honest and disinterested efforts which have for +their object to preserve the General and State Governments in their +constitutional form and equilibrium; to maintain peace abroad, and order +and obedience to the laws at home; to establish principles and practices +of administration favorable to the security of liberty and property, and +to reduce expenses to what is necessary for the useful purposes of +Government. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 11, 1801. + +_Gentlemen of the Senate_: + +Early in the last month I received the ratification by the First Consul +of France of the convention between the United States and that nation. +His ratification not being pure and simple in the ordinary form, I have +thought it my duty, in order to avoid all misconception, to ask a second +advice and consent of the Senate before I give it the last sanction by +proclaiming it to be a law of the land. + +TH. JEFFERSON. + + + +DECEMBER 22, 1801. + +_Gentlemen of the Senate_: + +The States of Georgia and Tennessee being peculiarly interested in our +carrying into execution the two acts passed by Congress on the 19th of +February, 1799 (chapter 115), and 13th May, 1800 (chapter 62), +commissioners were appointed early in summer and other measures taken +for the purpose. The objects of these laws requiring meetings with the +Cherokees, Chickasaws, Choctaws, and Creeks, the inclosed instructions +were prepared for the proceedings with the three first nations. Our +applications to the Cherokees failed altogether. Those to the Chickasaws +produced the treaty now laid before you for your advice and consent, +whereby we obtained permission to open a road of communication with the +Mississippi Territory. The commissioners are probably at this time in +conference with the Choctaws. Further information having been wanting +when these instructions were, formed to enable us to prepare those +respecting the Creeks, the commissioners were directed to proceed with +the others. We have now reason to believe the conferences with the +Creeks can not take place till the spring. + +The journals and letters of the commissioners relating to the subject of +the treaty now inclosed accompany it. + +TH. JEFFERSON. + + + +DECEMBER 22, 1801. + +_Gentlemen of the Senate and of the House of Representatives_: + +I now inclose sundry documents supplementary to those communicated to +you with my message at the commencement of the session. Two others of +considerable importance--the one relating to our transactions with the +Barbary Powers, the other presenting a view of the offices of the +Government--shall be communicated as soon as they can be completed. + +TH. JEFFERSON. + + + +DECEMBER 23, 1801. + +_Gentlemen of the Senate and of the House of Representatives_: + +Another return of the census of the State of Maryland is just received +from the marshal of that State, which he desires may be substituted as +more correct than the one first returned by him and communicated by me +to Congress. This new return, with his letter, is now laid before you. + +TH. JEFFERSON. + + + +JANUARY 11, 1802. + +_Gentlemen of the Senate and of the House of Representatives_. + +I now communicate to you a memorial of the commissioners of the city of +Washington, together with a letter of later date, which, with their +memorial of January 28, 1801, will possess the Legislature fully of the +state of the public interests and of those of the city of Washington +confided to them. The moneys now due, and soon to become due, to the +State of Maryland on the loan guaranteed by the United States call for +an early attention. The lots in the city which are chargeable with the +payment of these moneys are deemed not only equal to the indemnification +of the public, but to insure a considerable surplus to the city to be +employed for its improvement, provided they are offered for sale only in +sufficient numbers to meet the existing demand. But the act of 1796 +requires that they shall be positively sold in such numbers as shall be +necessary for the punctual payment of the loans. Nine thousand dollars +of interest are lately become due, $3,000 quarter yearly will continue +to become due, and $50,000, an additional loan, are reimbursable on the +1st day of November next. These sums would require sales so far beyond +the actual demand of the market that it is apprehended that the whole +property may be thereby sacrificed, the public security destroyed, and +the residuary interest of the city entirely lost. Under these +circumstances I have thought it my duty before I proceed to direct a +rigorous execution of the law to submit the subject to the consideration +of the Legislature. Whether the public interest will be better secured +in the end and that of the city saved by offering sales commensurate +only to the demand at market, and advancing from the Treasury in the +first instance what these may prove deficient, to be replaced by +subsequent sales, rests for the determination of the Legislature. If +indulgence for the funds can be admitted, they will probably form a +resource of great and permanent value; and their embarrassments have +been produced only by overstrained exertions to provide accommodations +for the Government of the Union + +TH. JEFFERSON. + + + +JANUARY 12, 1802. + +_Gentlemen of the Senate_: + +I now communicate to you a letter from the Secretary of State inclosing +an estimate of the expenses which appear at present necessary for +carrying into effect the convention between the United States of America +and the French Republic, which has been prepared at the request of the +House of Representatives. + +TH. JEFFERSON. + + + +JANUARY 27, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +I lay before you the accounts of our Indian trading houses, as rendered +up to the 1st day of January, 1801, with a report of the Secretary of +War thereon, explaining the effects and the situation of that commerce +and the reasons in favor of its further extension. But it is believed +that the act authorizing this trade expired so long ago as the 3d of +March, 1799. Its revival, therefore, as well as its extension, is +submitted to the consideration of the Legislature. + +The act regulating trade and intercourse with the Indian tribes will +also expire on the 3d day of March next. While on the subject of its +continuance it will be worthy the consideration of the Legislature +whether the provisions of the law inflicting on Indians, in certain +cases, the punishment of death by hanging might not permit its +commutation into death by military execution, the form of the punishment +in the former way being peculiarly repugnant to their ideas and +increasing the obstacles to the surrender of the criminal. + +These people are becoming very sensible of the baneful effects produced +on their morals, their health, and existence by the abuse of ardent +spirits, and some of them earnestly desire a prohibition of that article +from being carried among them. The Legislature will consider whether the +effectuating that desire would not be in the spirit of benevolence and +liberality which they have hitherto practiced toward these our +neighbors, and which has had so happy an effect toward conciliating +their friendship. It has been found, too, in experience that the same +abuse gives frequent rise to incidents tending much to commit our peace +with the Indians. + +It is now become necessary to run and mark the boundaries between them +and us in various parts. The law last mentioned has authorized this to +be done, but no existing appropriation meets the expense. + +Certain papers explanatory of the grounds of this communication are +herewith inclosed. + +TH. JEFFERSON. + + + +FEBRUARY 2, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +I now lay before you-- + +1. A return of ordnance, arms, and military stores the property of the +United States. + +2. Returns of muskets and bayonets fabricated at the armories of the +United States at Springfield and Harpers Ferry, and of the expenditures +at those places; and + +3. An estimate of expenditures which may be necessary for fortifications +and barracks for the present year. + +Besides the permanent magazines established at Springfield, West Point, +and Harpers Ferry, it is thought one should be established in some point +convenient for the States of North Carolina, South Carolina, and +Georgia. Such a point will probably be found near the border of the +Carolinas, and some small provision by the Legislature preparatory to +the establishment will be necessary for the present year. + +We find the United States in possession of certain iron mines and works +in the county of Berkeley and State of Virginia, purchased, as is +presumable, on the idea of establishing works for the fabrication of +cannon and other military articles by the public. Whether this method of +supplying what may be wanted will be most advisable or that of +purchasing at market where competition brings everything to its proper +level of price and quality is for the Legislature to decide, and if the +latter alternative be preferred, it will rest for their further +consideration in what way the subjects of this purchase may be best +employed or disposed of. The Attorney-General's opinion on the subject +of the title accompanies this. + +There are in various parts of the United States small parcels of land +which have been purchased at different times for cantonments and other +military purposes. Several of them are in situations not likely to be +accommodated to future purposes. The loss of the records prevents a +detailed statement of these until they can be supplied by inquiry. In +the meantime, one of them, containing 88 acres, in the county of Essex, +in New Jersey, purchased in 1799 and sold the following year to +Cornelius Vermule and Andrew Codmas, though its price has been received, +can not be conveyed without authority from the Legislature. + +I inclose herewith a letter from the Secretary of War on the subject of +the islands in the lakes and rivers of our northern boundary, and of +certain lands in the neighborhood of some of our military posts, on +which it may be expedient for the Legislature to make some provisions. + +TH. JEFFERSON. + + + +FEBRUARY 16, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +I now transmit a statement of the expenses incurred by the United States +in their transactions with the Barbary Powers, and a roll of the persons +having office or employment under the United States, as was proposed in +my messages of December 7 and 22. Neither is as perfect as could have +been wished, and the latter not so much so as further time and inquiry +may enable us to make it. + +The great volume of these communications and the delay it would produce +to make out a second copy will, I trust, be deemed a sufficient reason +for sending one of them to the one House, and the other to the other, +with a request that they may be interchanged for mutual information +rather than to subject both to further delay. + +TH. JEFFERSON. + + + +FEBRUARY 18, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +In a message of the 2d instant I inclosed a letter from the Secretary of +War on the subject of certain lands in the neighborhood of our military +posts on which it might be expedient for the Legislature to make some +provisions. A letter recently received from the governor of Indiana +presents some further views of the extent to which such provision may be +needed, I therefore now transmit it for the information of Congress. + +TH. JEFFERSON. + + + +FEBRUARY 24, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +I communicate to both Houses of Congress a report of the Secretary of +the Treasury on the subject of our marine hospitals, which appear to +require legislative attention. + +As connected with the same subject, I also inclose information +respecting the situation of our seamen and boatmen frequenting the port +of New Orleans and suffering there from sickness and the want of +accommodation. There is good reason to believe their numbers greater +than stated in these papers. When we consider how great a proportion of +the territory of the United States must communicate with that port +singly, and how rapidly that territory is increasing its population and +productions, it may perhaps be thought reasonable to make hospital +provisions there of a different order from those at foreign ports +generally. + +TH. JEFFERSON. + + + +FEBRUARY 25, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +No occasion having arisen since the last account rendered by my +predecessor of making use of any part of the moneys heretofore granted +to defray the contingent charges of the Government, I now transmit to +Congress an official statement thereof to the 31st day of December last, +when the whole unexpended balance, amounting to $20,911.80, was carried +to the credit of the surplus fund, as provided for by law, and this +account consequently becomes finally closed, + +TH. JEFFERSON. + + + +FEBRUARY 26, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +Some statements have been lately received of the causes decided or +depending in the courts of the Union in certain States, supplementary or +corrective of those from which was formed the general statement +accompanying my message at the opening of the session. I therefore +communicate them to Congress, with a report of the Secretary of State +noting their effect on the former statement and correcting certain +errors in it which arose partly from inexactitude in some of the returns +and partly in analyzing, adding, and transcribing them while hurried in +preparing the other voluminous papers accompanying that message. + +TH. JEFFERSON. + + + +MARCH 1, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +I transmit for the information of Congress letters recently received +from our consuls at Gibraltar and Algiers, presenting the latest view of +the state of our affairs with the Barbary Powers. The sums due to the +Government of Algiers are now fully paid up, and of the gratuity which +had been promised to that of Tunis, and was in a course of preparation, +a small portion only remains still to be finished and delivered. + +TH. JEFFERSON. + + + +MARCH 9, 1802. + +_Gentlemen of the Senate_: + +The governor of New York has desired that, in addition to the +negotiations with certain Indians already authorized under the +superintendence of John Taylor, further negotiations should be held with +the Oneidas and other members of the Confederacy of the Six Nations for +the purchase of lands in and for the State of New York, which they are +willing to sell, as explained in the letter from the Secretary of War +herewith sent. I have therefore thought it better to name a commissioner +to superintend the negotiations specified with the Six Nations +generally, or with any of them. + +I do accordingly nominate John Taylor, of New York, to be commissioner +for the United States, to hold a convention or conventions between the +State of New York and the Confederacy of the Six Nations of Indians, or +any of the nations composing it. + +This nomination, if advised and consented to by the Senate, will +comprehend and supersede that of February 1 of the same John Taylor so +far as it respected the Seneca Indians, + +TH. JEFFERSON. + + + +MARCH 10, 1802. + +_Gentlemen of the Senate_: + +I now submit for the ratification of the Senate a treaty entered into +by the commissioners of the United States with the Choctaw Nation of +Indians, and I transmit therewith so much of the instructions to the +commissioners as related to the Choctaws, with the minutes of their +proceedings and the letter accompanying them. + +TH. JEFFERSON. + + + +MARCH 29, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +The Secretary of State, charged with the civil affairs of the several +Territories of the United States, has received from the marshal of +Columbia a statement of the condition, unavoidably distressing, of the +persons committed to his custody on civil or criminal process and the +urgency for some legislative provisions for their relief. There are +other important cases wherein the laws of the adjoining States under +which the Territory is placed, though adapted to the purposes of those +States, are insufficient for those of the Territory from the dissimilar +or defective organization of its authorities. The letter and statement +of the marshal and the disquieting state of the Territory generally are +now submitted to the wisdom and consideration of the Legislature. + +TH. JEFFERSON. + + + +MARCH 29, 1802. + +_Gentlemen of the Senate_: + +The commissioners who were appointed to carry into execution the sixth +article of the treaty of amity, commerce, and navigation between the +United States and His Britannic Majesty having differed in opinion as to +the objects of that article and discontinued their proceedings, the +Executive of the United States took early measures, by instructions to +our minister at the British Court, to negotiate explanations of that +article. This mode of resolving the difficulty, however, proved +unacceptable to the British Government, which chose rather to avoid all +further discussion and expense under that article by fixing at a given +sum the amount for which the United States should be held responsible +under it. Mr. King was consequently authorized to meet this proposition, +and a settlement in this way has been effected by a convention entered +into with the British Government, and now communicated for your advice +and consent, together with the instructions and correspondence relating +to it. The greater part of these papers being originals, the return of +them is requested at the convenience of the Senate. + +TH. JEFFERSON. + + + +MARCH 30, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +The Secretary of War has prepared an estimate of expenditures for the +Army of the United States during the year 1802, conformably to the act +fixing the military peace establishment, which estimate, with his letter +accompanying and explaining it, I now transmit to both Houses of +Congress. + +TH. JEFFERSON. + + + +MARCH 31, 1802. + +_Gentlemen of the House of Representatives_: + +According to the desire expressed in your resolution of the 23d instant, +I now transmit a report of the Secretary of State, with the letters it +refers to, shewing the proceedings which have taken place under the +resolution of Congress of the 16th of April, 1800. The term prescribed +for the execution of the resolution having elapsed before the person +appointed had sat out on the service, I did not deem it justifiable to +commence a course of expenditure after the expiration of the resolution +authorizing it. The correspondence which has taken place, having regard +to dates, will place this subject properly under the view of the House +of Representatives. + +TH. JEFFERSON. + + + +APRIL, 8, 1802. + +_Gentlemen of the Senate_: + +In order to satisfy as far as it is in my power the desire expressed in +your resolution of the 6th instant, I now transmit you a letter from +John Read, agent for the United States before the board of commissioners +under the sixth article of the treaty with Great Britain, to the +Attorney-General, bearing date the 25th of April, 1801, in which he +gives a summary view of the proceedings of those commissioners and of +the principles established or insisted on by a majority of them. + +Supposing it might be practicable for us to settle by negotiation with +Great Britain the principles which ought to govern the decisions under +the treaty, I caused instructions to be given to Mr. Read to analyze +the claims before the board of commissioners, to class them under the +principles on which they respectively depended, and to state the sum +depending on each principle or the amount of each description of debt. +The object of this was that we might know what principles were most +important for us to contend for and what others might be conceded +without much injury. He performed this duty, and gave in such a +statement during the last summer, but the chief clerk of the Secretary +of State's office being absent on account of sickness, and the only +person acquainted with the arrangement of the papers of the office, this +particular document can not at this time be found. Having, however, +been myself in possession of it a few days after its receipt, I then +transcribed from it for my own use the recapitulation of the amount of +each description of debt. A copy of this transcript I shall subjoin +hereto, with assurances that it is substantially correct, and with the +hope that it will give a view of the subject sufficiently precise to +fulfill the wishes of the Senate. To save them the delay of waiting till +a copy of the agent's letter could be made, I send the original, with +the request that it may be returned at the convenience of the Senate. + +TH. JEFFERSON. + + + +APRIL 15, 1802. + +_Gentlemen of the House of Representatives_: + +I now transmit the papers desired in your resolution of the 6th +instant. Those respecting the _Berceau_ will sufficiently explain +themselves. The officer charged with her repairs states in his letter, +received August 27, 1801, that he had been led by circumstances, which +he explains, to go considerably beyond his orders. In questions between +nations, who have no common umpire but reason, something must often be +yielded of mutual opinion to enable them to meet in a common point. + +The allowance which had been proposed to the officers of that vessel +being represented as too small for their daily necessities, and still +more so as the means of paying before their departure debts contracted +with our citizens for subsistence, it was requested on their behalf that +the daily pay of each might be the measure of their allowance. + +This being solicited and reimbursement assumed by the agent of their +nation, I deemed that the indulgence would have a propitious effect in +the moment of returning friendship. The sum of $870.83 was accordingly +furnished them for the five months of past captivity and a proportional +allowance authorized until their embarkation. + +TH. JEFFERSON. + + + +APRIL 20, 1802. + +_Gentlemen of the House of Representatives_: + +I transmit you a report from the Secretary of State, with the +information desired by the House of Representatives, of the 8th of +January, relative to certain spoliations and other proceedings therein +referred to. + +TH. JEFFERSON. + + + +APRIL 26, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +In pursuance of the act entitled "An act supplemental to the act +entitled 'An act for an amicable settlement of limits with the State +of Georgia, and authorizing the establishment of a government in the +Mississippi Territory,'" James Madison, Secretary of State, Albert +Gallatin, Secretary of the Treasury, and Levi Lincoln, Attorney-General +of the United States, were appointed commissioners to settle by +compromise with the commissioners appointed by the State of Georgia the +claims and cession to which the said act has relation. + +Articles of agreement and cession have accordingly been entered into and +signed by the said commissioners of the United States and of Georgia, +which, as they leave a right to Congress to act upon them legislatively +at any time within six months after their date, I have thought it my +duty immediately to communicate to the Legislature. + +TH. JEFFERSON. + + + +APRIL 27, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +The commissioners who were appointed to carry into execution the sixth +article of the treaty of amity, commerce, and navigation between the +United States and Great Britain having differed in their construction +of that article, and separated in consequence of that difference, the +President of the United States took immediate measures for obtaining +conventional explanations of that article for the government of the +commissioners. Finding, however, great difficulties opposed to a +settlement in that way, he authorized our minister at the Court of +London to meet a proposition that the United States by the payment of a +fixed sum should discharge themselves from their responsibility for such +debts as can not be recovered from the individual debtors. A convention +has accordingly been signed, fixing the sum to be paid at L600,000 in +three equal and annual installments, which has been ratified by me with +the advice and consent of the Senate. + +I now transmit copies thereof to both Houses of Congress, trusting that +in the free exercise of the authority which the Constitution has given +them on the subject of public expenditures they will deem it for the +public interest to appropriate the sums necessary for carrying this +convention into execution. + +TH. JEFFERSON. + + + + +SECOND ANNUAL MESSAGE. + + +DECEMBER 15, 1802 + +_To the Senate and House of Representatives of the United States_: + +When we assemble together, fellow-citizens, to consider the state of our +beloved country, our just attentions are first drawn to those pleasing +circumstances which mark the goodness of that Being from whose favor +they flow and the large measure of thankfulness we owe for His bounty. +Another year has come around, and finds us still blessed with peace and +friendship abroad; law, order, and religion at home; good affection and +harmony with our Indian neighbors; our burthens lightened, yet our +income sufficient for the public wants, and the produce of the year +great beyond example. These, fellow-citizens, are the circumstances +under which we meet, and we remark with special satisfaction those which +under the smiles of Providence result from the skill, industry, and +order of our citizens, managing their own affairs in their own way and +for their own use, unembarrassed by too much regulation, unoppressed by +fiscal exactions. + +On the restoration of peace in Europe that portion of the general +carrying trade which had fallen to our share during the war was abridged +by the returning competition of the belligerent powers. This was to +be expected, and was just. But in addition we find in some parts of +Europe monopolizing discriminations, which in the form of duties tend +effectually to prohibit the carrying thither our own produce in our own +vessels. From existing amities and a spirit of justice it is hoped that +friendly discussion will produce a fair and adequate reciprocity. But +should false calculations of interest defeat our hope, it rests with the +Legislature to decide whether they will meet inequalities abroad with +countervailing inequalities at home, or provide for the evil in any +other way. + +It is with satisfaction I lay before you an act of the British +Parliament anticipating this subject so far as to authorize a mutual +abolition of the duties and countervailing duties permitted under the +treaty of 1794. It shows on their part a spirit of justice and friendly +accommodation which it is our duty and our interest to cultivate with +all nations. Whether this would produce a due equality in the navigation +between the two countries is a subject for your consideration. + +Another circumstance which claims attention as directly affecting the +very source of our navigation is the defect or the evasion of the law +providing for the return of seamen, and particularly of those belonging +to vessels sold abroad. Numbers of them, discharged in foreign ports, +have been thrown on the hands of our consuls, who, to rescue them from +the dangers into which their distresses might plunge them and save them +to their country, have found it necessary in some cases to return them +at the public charge. + +The cession of the Spanish Province of Louisiana to France, which took +place in the course of the late war, will, if carried into effect, make +a change in the aspect of our foreign relations which will doubtless +have just weight in any deliberations of the Legislature connected with +that subject. + +There was reason not long since to apprehend that the warfare in which +we were engaged with Tripoli might be taken up by some other of the +Barbary Powers. A reenforcement, therefore, was immediately ordered to +the vessels already there. Subsequent information, however, has removed +these apprehensions for the present. To secure our commerce in that sea +with the smallest force competent, we have supposed it best to watch +strictly the harbor of Tripoli. Still, however, the shallowness of their +coast and the want of smaller vessels on our part has permitted some +cruisers to escape unobserved, and to one of these an American vessel +unfortunately fell a prey. The captain, one American seaman, and two +others of color remain prisoners with them unless exchanged under an +agreement formerly made with the Bashaw, to whom, on the faith of that, +some of his captive subjects had been restored. + +The convention with the State of Georgia has been ratified by their +legislature, and a repurchase from the Creeks has been consequently made +of a part of the Talasscee country. In this purchase has been also +comprehended a part of the lands within the fork of Oconee and Oakmulgee +rivers. The particulars of the contract will be laid before Congress so +soon as they shall be in a state for communication. + +In order to remove every ground of difference possible with our Indian +neighbors, I have proceeded in the work of settling with them and +marking the boundaries between us. That with the Choctaw Nation is fixed +in one part and will be through the whole within a short time. The +country to which their title had been extinguished before the Revolution +is sufficient to receive a very respectable population, which Congress +will probably see the expediency of encouraging so soon as the limits +shall be declared. We are to view this position as an outpost of the +United States, surrounded by strong neighbors and distant from its +support; and how far that monopoly which prevents population should +here be guarded against and actual habitation made a condition of +the continuance of title will be for your consideration. A prompt +settlement, too, of all existing rights and claims within this territory +presents itself as a preliminary operation. + +In that part of the Indiana Territory which includes Vincennes the lines +settled with the neighboring tribes fix the extinction of their title +at a breadth of 24 leagues from east to west and about the same length +parallel with and including the Wabash. They have also ceded a tract of +4 miles square, including the salt springs near the mouth of that river. + +In the Department of Finance it is with pleasure I inform you that the +receipts of external duties for the last twelve months have exceeded +those of any former year, and that the ratio of increase has been also +greater than usual. This has enabled us to answer all the regular +exigencies of Government, to pay from the Treasury within one year +upward of $8,000,000, principal and interest, of the public debt, +exclusive of upward of one million paid by the sale of bank stock, and +making in the whole a reduction of nearly five millions and a half of +principal, and to have now in the Treasury $4,500,000, which are in a +course of application to the further discharge of debt and current +demands. Experience, too, so far, authorizes us to believe, if no +extraordinary event supervenes, and the expenses which will be actually +incurred shall not be greater than were contemplated by Congress +at their last session, that we shall not be disappointed in the +expectations then formed. But nevertheless, as the effect of peace +on the amount of duties is not yet fully ascertained, it is the more +necessary to practice every useful economy and to incur no expense which +may be avoided without prejudice. + +The collection of the internal taxes having been completed in some of +the States, the officers employed in it are of course out of commission. +In others they will be so shortly. But in a few, where the arrangements +for the direct tax had been retarded, it will be some time before the +system is closed. It has not yet been thought necessary to employ the +agent authorized by an act of the last session for transacting business +in Europe relative to debts and loans. Nor have we used the power +confided by the same act of prolonging the foreign debt by reloans, and +of redeeming instead thereof an equal sum of the domestic debt. Should, +however, the difficulties of remittance on so large a scale render it +necessary at any time, the power shall be executed and the money thus +unemployed abroad shall, in conformity with that law, be faithfully +applied here in an equivalent extinction of domestic debt. When effects +so salutary result from the plans you have already sanctioned; when +merely by avoiding false objects of expense we are able, without a +direct tax, without internal taxes, and without borrowing to make large +and effectual payments toward the discharge of our public debt and +the emancipation of our posterity from that mortal canker, it is an +encouragement, fellow-citizens, of the highest order to proceed as we +have begun in substituting economy for taxation, and in pursuing what is +useful for a nation placed as we are, rather than what is practiced by +others under different circumstances. And whensoever we are destined to +meet events which shall call forth all the energies of our countrymen, +we have the firmest reliance on those energies and the comfort of +leaving for calls like these the extraordinary resources of loans and +internal taxes. In the meantime, by payments of the principal of our +debt, we are liberating annually portions of the external taxes and +forming from them a growing fund still further to lessen the necessity +of recurring to extraordinary resources. + +The usual account of receipts and expenditures for the last year, with +an estimate of the expenses of the ensuing one, will be laid before you +by the Secretary of the Treasury. + +No change being deemed necessary in our military establishment, an +estimate of its expenses for the ensuing year on its present footing, +as also of the sums to be employed in fortifications and other objects +within that department, has been prepared by the Secretary of War, and +will make a part of the general estimates which will be presented you. + +Considering that our regular troops are employed for local purposes, +and that the militia is our general reliance for great and sudden +emergencies, you will doubtless think this institution worthy of a +review, and give it those improvements of which you find it susceptible. + +Estimates for the Naval Department, prepared by the Secretary of the +Navy, for another year will in like manner be communicated with the +general estimates. A small force in the Mediterranean will still be +necessary to restrain the Tripoline cruisers, and the uncertain tenure +of peace with some other of the Barbary Powers may eventually require +that force to be augmented. The necessity of procuring some smaller +vessels for that service will raise the estimate, but the difference +in their maintenance will soon make it a measure of economy. + +Presuming it will be deemed expedient to expend annually a convenient +sum toward providing the naval defense which our situation may require, +I can not but recommend that the first appropriations for that purpose +may go to the saving what we already possess. No cares, no attentions, +can preserve vessels from rapid decay which lie in water and exposed +to the sun. These decays require great and constant repairs, and will +consume, if continued, a great portion of the moneys destined to naval +purposes. To avoid this waste of our resources it is proposed to add +to our navy-yard here a dock within which our present vessels may be +laid up dry and under cover from the sun. Under these circumstances +experience proves that works of wood will remain scarcely at all +affected by time. The great abundance of running water which this +situation possesses, at heights far above the level of the tide, if +employed as is practiced for lock navigation, furnishes the means for +raising and laying up our vessels on a dry and sheltered bed. And should +the measure be found useful here, similar depositories for laying up as +well as for building and repairing vessels may hereafter be undertaken +at other navy-yards offering the same means. The plans and estimates +of the work, prepared by a person of skill and experience, will be +presented to you without delay, and from this it will be seen that +scarcely more than has been the cost of one vessel is necessary to save +the whole, and that the annual sum to be employed toward its completion +may be adapted to the views of the Legislature as to naval expenditure. + +To cultivate peace and maintain commerce and navigation in all their +lawful enterprises; to foster our fisheries as nurseries of navigation +and for the nurture of man, and protect the manufactures adapted to our +circumstances; to preserve the faith of the nation by an exact discharge +of its debts and contracts, expend the public money with the same care +and economy we would practice with our own, and impose on our citizens +no unnecessary burthens; to keep in all things within the pale of our +constitutional powers, and cherish the federal union as the only rock +of safety--these, fellow-citizens, are the landmarks by which we are to +guide our selves in all our proceedings. By continuing to make these the +rule of our action we shall endear to our countrymen the true principles +of their Constitution and promote an union of sentiment and of action +equally auspicious to their happiness and safety. On my part, you may +count on a cordial concurrence in every measure for the public good and +on all the information I possess which may enable you to discharge to +advantage the high functions with which you are invested by your +country. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 22, 1802. + +_Gentlemen of the House of Representatives_: + +I now transmit a report from the Secretary of State with the information +requested in your resolution of the 17th instant. + +In making this communication I deem it proper to observe that I was led +by the regard due to the rights and interests of the United States and +to the just sensibility of the portion of our fellow-citizens more +immediately affected by the irregular proceeding at New Orleans to lose +not a moment in causing every step to be taken which the occasion +claimed from me, being equally aware of the obligation to maintain in +all cases the rights of the nation and to employ for that purpose those +just and honorable means which belong to the character of the United +States. + +TH. JEFFERSON. + + + +DECEMBER 23, 1802. + +_Gentlemen of the House of Representatives_. + +In pursuance of the resolution of the House of Representatives of the 3d +of May last, desiring a statement of expenditures from January 1, 1797, +by the Quartermaster-General and the navy agents, for the contingencies +of the naval and military establishments and the navy contracts for +timber and stores, I now transmit such statements from the offices of +the Secretaries of the Treasury, War, and Navy, where alone these +expenditures are entered. + +TH. JEFFERSON. + + + +DECEMBER 27, 1802. + +_Gentlemen of the Senate_: + +I lay before you a treaty, which has been agreed to by commissioners +duly authorized on the part of the United States and the Creek Nation +of Indians, for the extinguishment of the native title to lands in the +Talassee County, and others between the forks of Oconce and Oakmulgee +rivers, in Georgia, in pursuance of the convention with that State, +together with the documents explanatory thereof; and it is submitted +to your determination whether you will advise and consent to the +ratification thereof. + +TH. JEFFERSON. + + + +DECEMBER 27, 1802. + +_Gentlemen of the Senate_: + +I lay before you a treaty, which has been concluded between the State of +New York and the Oneida Indians, for the purchase of lands within that +State. + +One other, between the same State and the Seneca Indians, for the +purchase of other lands within the same State. + +One other, between certain individuals styled the Holland Company with +the Senecas, for the exchange of certain lands in the same State. + +And one other, between Oliver Phelps, a citizen of the United States, +and the Senecas, for the exchange of lands in the same State; with +sundry explanatory papers, all of them conducted under the +superintendence of a commissioner on the part of the United States, who +reports that they have been adjusted with the fair and free consent +and understanding of the parties. It is therefore submitted to your +determination whether you will advise and consent to their respective +ratifications. + +TH. JEFFERSON. + + + +DECEMBER 27, 1802. + +_Gentlemen of the Senate and of the House of Representatives_: + +In my message of the 15th instant I mentioned that plans and estimates +of a dry dock for the preservation of our ships of war, prepared by a +person of skill and experience, should be laid before you without delay. +These are now transmitted, the report and estimates by duplicates; but +the plans being single only, I must request an intercommunication of +them between the Houses and their return when they shall no longer be +wanting for their consideration. + +TH. JEFFERSON. + + + +DECEMBER 30, 1802. + +_Gentlemen of the House of Representatives_: + +In addition to the information accompanying my message of the 22d +instant, I now transmit the copy of a letter on the same subject, +recently received. + +TH. JEFFERSON. + + + +WASHINGTON, _December 30, 1802_. + +The SPEAKER OF THE HOUSE OF REPRESENTATIVES. + +SIR: Although an informal communication to the public of the substance +of the inclosed letter may be proper for quieting the public mind, yet I +refer to the consideration of the House of Representatives whether the +publication of it in form might not give dissatisfaction to the writer +and tend to discourage the freedom and confidence of communications +between the agents of the two Governments. Accept assurances of my high +consideration and respect. + +TH. JEFFERSON. + + + +NATCHEZ, _November 25, 1802_. + +The Honorable the Secretary of State, + +_Washington_. + +SIR: I have the honor to inclose you an original copy of a communication +(together with a translation thereof) which I this morning received +from the governor-general of the Province of Louisiana in answer to my +letters of the 28th ultimo. + +I am, sir, with respect and esteem, your humble servant, + +WILLIAM C.C. CLAIBORNE. + + + +[Translation.] + +New Orleans, _November 15, 1802_. + +His Excellency WILLIAM C.C. CLAIBORNE. + +Most Excellent Sir: I received a few days past your excellency's +esteemed letter of the 28th ultimo, in which your excellency, referring +to the twenty-second article of the treaty of friendship, navigation, +and limits agreed upon between the King, my master, and the United +States of America, has been pleased to inquire, after transcribing the +literal text of said article (which you find so explicit as not to +require any comment nor to admit of dubious construction), if His +Majesty has been pleased to designate any other position on the banks +of the Mississippi, and where that is, if his royal pleasure does not +continue the permission stipulated by the said treaty which entitled the +citizens of the United States to deposit their merchandise and effects +in the port of New Orleans; and you request at the same time that, as +the affair is so interesting to the commerce of the United States and +to the welfare of its citizens, I may do you the favor to send you an +answer as early as possible. I can now assure your excellency that His +Catholic Majesty has not hitherto issued any order for suspending the +deposit, and consequently has not designated any other position on the +banks of the Mississippi for that purpose. But I must inform you, in +answer to your inquiry, that the intendant of these provinces (who +in the affairs of his own department is independent of the general +Government), at the same time that, in conformity with the royal +commands (the peace in Europe having been published since the 4th of May +last), he suspended the commerce of neutrals, also thought proper to +suspend the tacit prolongation which continued, and to put a stop to +the infinite abuses which resulted from the deposit, contrary to the +interest of the State and of the commerce of these colonies, in +consequence of the experience he acquired of the frauds which have been +committed and which it has been endeavored to excuse under the pretext +of ignorance, as is manifested by the number of causes which now await +the determination of His Majesty, as soon as they can be brought to his +royal knowledge, besides many others which have been dropt because the +individuals have absconded who introduced their properties into the +deposit and did not extract them, thus defrauding the royal interests. + +It might appear on the first view that particular cases like these ought +not to operate against a general privilege granted by a solemn treaty, +and it is an incontestable principle that the happiness of nations +consists in a great measure in maintaining a good harmony and +correspondence with their neighbors by respecting their rights, by +supporting their own, without being deficient in what is required by +humanity and civil intercourse; but it is also indubitable that for a +treaty, although solemn, to be entirely valid it ought not to contain +any defect; and if it be pernicious and of an injurious tendency, +although it has been effectuated with good faith but without a knowledge +of its bad consequence, it will be necessary to undo it, because +treaties ought to be viewed like other acts of public will, in which +more attention ought to be paid to the intention than to the words in +which they are expressed; and thus it will not appear so repugnant +that the term of three years fixed by the twenty-second article being +completed without the King's having granted a prolongation, the +intendancy should not, after putting a stop to the commerce of neutrals, +take upon itself the responsibility of continuing that favor without the +express mandate of the King, a circumstance equally indispensable for +designating another place on the banks of the Mississippi. + +From the foregoing I trust that you will infer that as it is the duty of +the intendant, who conducts the business of his ministry with a perfect +independence of the Government, to have informed the King of what he has +done in fulfillment of what has been expressly stipulated, it is to be +hoped that His Majesty will take the measures which are convenient to +give effect to the deposit, either in this capital, if he should not +find it prejudicial to the interests of Spain, or in the place on +the banks of the Mississippi which it may be his royal pleasure to +designate; as it ought to be confided that the justice and generosity +of the King will not refuse to afford to the American citizens all +the advantages they can desire, a measure which does not depend upon +discretion, nor can an individual chief take it upon himself. Besides +these principles on which the regulation of the intendant is founded, I +ought at the same time to inform you that I myself opposed on my part, +as far as I reasonably could, the measure of suspending the deposit, +until the reasons adduced by the intendant brought it to my view; that +as all events can not be prevented, and as with time and different +circumstances various others occur which can not be foreseen, a just +and rational interpretation is always necessary. Notwithstanding the +foregoing, the result of my own reflections, I immediately consulted on +the occasion with my captain-general, whose answer, which can not be +long delayed, will dissipate every doubt that may be raised concerning +the steps which are to be taken, By all means your excellency may live +in the firm persuasion that as there has subsisted, and does subsist, +the most perfect and constant good harmony between the King, my master, +and the United States of America, I will spare no pains to preserve it +by all the means in my power, being assured of a reciprocity of equal +good offices in observing the treaty with good faith, ever keeping it in +view that the felicity and glory of nations are deeply concerned in the +advantages of a wise and prudently conducted commerce. + +I have the honor to assure your excellency of the respect and high +consideration which I profess for you; and I pray the Most High to +preserve your life many years. + +I kiss your excellency's hands. + +Your most affectionate servant, + +MANUEL DE SALCEDO. + + + +JANUARY 5, 1803. + +_Gentlemen of the House of Representatives_: + +Agreeably to the request of the House of Representatives, I now transmit +a statement of the militia of those States from which any returns have +been made to the War Office. They are, as you will perceive, but a small +proportion of the whole. I send you also the copy of a circular letter +written some time since for the purpose of obtaining returns from all +the States. Should any others in consequence of this be made during the +session of Congress, they shall be immediately communicated. + +TH. JEFFERSON. + + + +JANUARY 7, 1803. + +_Gentlemen of the Senate_: + +I submit for your approbation and consent a convention entered into with +the Choctaw Nation of Indians for ascertaining and marking the limits of +the territory ceded to our nation while under its former government, and +lying between the Tombigbee and Mobile rivers on the east and the +Chickasawhay River on the west. + +We are now engaged in ascertaining and marking in like manner the limits +of the former cessions of the Choctaws from the river Yazoo to our +southern boundary, which will be the subject of another convention, +and we expect to obtain from the same nation a new cession of lands +of considerable extent between the Tombigbee and Alabama rivers. + +These several tracts of country will compose that portion of the +Mississippi Territory which, so soon as certain individual claims are +arranged, the United States will be free to sell and settle immediately. + +TH. JEFFERSON + + + +JANUARY 11, 1803. + +_Gentlemen of the Senate_: + +The cession of the Spanish Province of Louisiana to France, and perhaps +of the Floridas, and the late suspension of our right of deposit at New +Orleans are events of primary interest to the United States. On both +occasions such measures were promptly taken as were thought most +likely amicably to remove the present and to prevent future causes of +inquietude. The objects of these measures were to obtain the territory +on the left bank of the Mississippi and eastward of that, if +practicable, on conditions to which the proper authorities of our +country would agree, or at least to prevent any changes which might +lessen the secure exercise of our rights. While my confidence in our +minister plenipotentiary at Paris is entire and undiminished, I still +think that these objects might be promoted by joining with him a person +sent from hence directly, carrying with him the feelings and sentiments +of the nation excited on the late occurrence, impressed by full +communications of all the views we entertain on this interesting +subject, and thus prepared to meet and to improve to an useful result +the counter propositions of the other contracting party, whatsoever form +their interests may give to them, and to secure to us the ultimate +accomplishment of our object. + +I therefore nominate Robert R. Livingston to be minister plenipotentiary +and James Monroe to be minister extraordinary and plenipotentiary, with +full powers to both jointly, or to either on the death of the other, to +enter into a treaty or convention with the First Consul of France for +the purpose of enlarging and more effectually securing our rights and +interests in the river Mississippi and in the Territories eastward +thereof. + +But as the possession of these provinces is still in Spain, and the +course of events may retard or prevent the cession to France being +carried into effect, to secure our object it will be expedient to +address equal powers to the Government of Spain also, to be used only +in the event of its being necessary. + +I therefore nominate Charles Pinckney to be minister plenipotentiary, +and James Monroe, of Virginia, to be minister extraordinary and +plenipotentiary, with full powers to both jointly, or to either on the +death of the other, to enter into a treaty or convention with His +Catholic Majesty for the purpose of enlarging and more effectually +securing our rights and interests in the river Mississippi and in the +Territories eastward thereof. + +TH. JEFFERSON. + + + +JANUARY 11, 1803. + +_Gentlemen of the Senate_: + +The spoliations and irregularities committed on our commerce during +the late war by subjects of Spain or by others deemed within her +responsibility having called for attention, instructions were +accordingly given to our minister at Madrid to urge our right to just +indemnifications, and to propose a convention for adjusting them. The +Spanish Government listened to our proposition with an honorable +readiness and agreed to a convention, which I now submit for your advice +and consent. It does not go to the satisfaction of all our claims, but +the express reservation of our right to press the validity of the +residue has been made the ground of further instructions to our minister +on the subject of an additional article, which it is to be hoped will +not be without effect. + +TH. JEFFERSON. + + + +JANUARY 18, 1803. + +_Gentlemen of the Senate and of the House of Representatives_: + +As the continuance of the act for establishing trading houses with the +Indian tribes will be under the consideration of the Legislature at its +present session, I think it my duty to communicate the views which have +guided me in the execution of that act, in order that you may decide +on the policy of continuing it in the present or any other form, or +discontinue it altogether if that shall, on the whole, seem most for +the public good. + +The Indian tribes residing within the limits of the United States +have for a considerable time been growing more and more uneasy at the +constant diminution of the territory they occupy, although effected by +their own voluntary sales, and the policy has long been gaining strength +with them of refusing absolutely all further sale on any conditions, +insomuch that at this time it hazards their friendship and excites +dangerous jealousies and perturbations in their minds to make any +overture for the purchase of the smallest portions of their land. A +very few tribes only are not yet obstinately in these dispositions. In +order peaceably to counteract this policy of theirs and to provide an +extension of territory which the rapid increase of our numbers will call +for, two measures are deemed expedient. First. To encourage them to +abandon hunting, to apply to the raising stock, to agriculture, and +domestic manufacture, and thereby prove to themselves that less land and +labor will maintain them in this better than in their former mode of +living. The extensive forests necessary in the hunting life will then +become useless, and they will see advantage in exchanging them for +the means of improving their farms and of increasing their domestic +comforts. Secondly. To multiply trading houses among them, and place +within their reach those things which will contribute more to their +domestic comfort than the possession of extensive but uncultivated +wilds. Experience and reflection will develop to them the wisdom of +exchanging what they can spare and we want for what we can spare and +they want. In leading them thus to agriculture, to manufactures, and +civilization; in bringing together their and our sentiments, and +in preparing them ultimately to participate in the benefits of our +Government, I trust and believe we are acting for their greatest good. +At these trading houses we have pursued the principles of the act of +Congress which directs that the commerce shall be carried on liberally, +and requires only that the capital stock shall not be diminished. We +consequently undersell private traders, foreign and domestic, drive them +from the competition, and thus, with the good will of the Indians, rid +ourselves of a description of men who are constantly endeavoring to +excite in the Indian mind suspicions, fears, and irritations toward us. +A letter now inclosed shows the effect of our competition on the +operations of the traders, while the Indians, perceiving the advantage +of purchasing from us, are soliciting generally our establishment +of trading houses among them. In one quarter this is particularly +interesting. The legislature, reflecting on the late occurrences on +the Mississippi, must be sensible how desirable it is to possess a +respectable breadth of country on that river, from our southern limit to +the Illinois, at least, so that we may present as firm a front on that +as on our eastern border. We possess what is below the Yazoo, and can +probably acquire a certain breadth from the Illinois and Wabash to the +Ohio; but between the Ohio and Yazoo the country all belongs to the +Chickasaws, the most friendly tribe within our limits, but the most +decided against the alienation of lands. The portion of their country +most important for us is exactly that which they do not inhabit. Their +settlements are not on the Mississippi, but in the interior country. +They have lately shown a desire to become agricultural, and this leads +to the desire of buying implements and comforts. In the strengthening +and gratifying of these wants I see the only prospect of planting on the +Mississippi itself the means of its own safety. Duty has required me to +submit these views to the judgment of the Legislature, but as their +disclosure might embarrass and defeat their effect, they are committed +to the special confidence of the two Houses. + +While the extension of the public commerce among the Indian tribes may +deprive of that source of profit such of our citizens as are engaged +in it, it might be worthy the attention of Congress in their care of +individual as well as of the general interest to point in another +direction the enterprise of these citizens, as profitably for themselves +and more usefully for the public. The river Missouri and the Indians +inhabiting it are not as well known as is rendered desirable by their +connection with the Mississippi, and consequently with us. It is, +however, understood that the country on that river is inhabited by +numerous tribes, who furnish great supplies of furs and peltry to the +trade of another nation, carried on in a high latitude through an +infinite number of portages and lakes shut up by ice through a long +season. The commerce on that line could bear no competition with that of +the Missouri, traversing a moderate climate, offering, according to the +best accounts, a continued navigation from its source, and possibly with +a single portage from the Western Ocean, and finding to the Atlantic a +choice of channels through the Illinois or Wabash, the Lakes and Hudson, +through the Ohio and Susquehanna, or Potomac or James rivers, and +through the Tennessee and Savannah rivers. An intelligent officer, +with ten or twelve chosen men, fit for the enterprise and willing to +undertake it, taken from our posts where they may be spared without +inconvenience, might explore the whole line, even to the Western +Ocean, have conferences with the natives on the subject of commercial +intercourse, get admission among them for our traders as others are +admitted, agree on convenient deposits for an interchange of articles, +and return with the information acquired in the course of two summers. +Their arms and accouterments, some instruments of observation, and light +and cheap presents for the Indians would be all the apparatus they could +carry, and with an expectation of a soldier's portion of land on their +return would constitute the whole expense. Their pay would be going on +whether here or there. While other civilized nations have encountered +great expense to enlarge the boundaries of knowledge by undertaking +voyages of discovery, and for other literary purposes, in various parts +and directions, our nation seems to owe to the same object, as well +as to its own interests, to explore this the only line of easy +communication across the continent, and so directly traversing our own +part of it. The interests of commerce place the principal object within +the constitutional powers and care of Congress, and that it should +incidentally advance the geographical knowledge of our own continent +can not but be an additional gratification. The nation claiming the +territory, regarding this as a literary pursuit, which it is in the +habit of permitting within its dominions, would not be disposed to view +it with jealousy, even if the expiring state of its interests there did +not render it a matter of indifference. The appropriation of $2,500 "for +the purpose of extending the external commerce of the United States," +while understood and considered by the Executive as giving the +legislative sanction, would cover the undertaking from notice and +prevent the obstructions which interested individuals might otherwise +previously prepare in its way. + +TH. JEFFERSON. + + + +JANUARY 18, 1803. + +_Gentlemen of the Senate and of the House of Representatives_: + +I inclose a report of the Secretary of War, stating the trading houses +established in the Indian territories, the progress which has been made +in the course of the last year in settling and marking boundaries with +the different tribes, the purchases of lands recently made from them, +and the prospect of further progress in marking boundaries and in new +extinguishments of title in the year to come, for which some +appropriations of money will be wanting. + +To this I have to add that when the Indians ceded to us the salt springs +on the Wabash they expressed a hope that we would so employ them as to +enable them to procure there the necessary supplies of salt. Indeed, it +would be the most proper and acceptable form in which the annuity could +be paid which we propose to give them for the cession. These springs +might at the same time be rendered eminently serviceable to our Western +inhabitants by using them as the means of counteracting the monopolies +of supplies of salt and of reducing the price in that country to a just +level. For these purposes a small appropriation would be necessary to +meet the first expenses, after which they should support themselves and +repay those advances. These springs are said to possess the advantage of +being accompanied with a bed of coal. + +TH. JEFFERSON. + + + +JANUARY 19, 1803. + +_Gentlemen of the Senate and of the House of Representatives_: + +I now lay before Congress the annual account of the fund established +for defraying the contingent charges of Government. A single article of +$1,440, paid for bringing home 72 seamen discharged in foreign ports +from vessels sold abroad, is the only expenditure from that fund, +leaving an unexpended balance of $18,560 in the Treasury. + +TH. JEFFERSON. + + + +JANUARY 24. 1803. + +_Gentlemen of the Senate and of the House of Representatives_: + +I transmit a report by the superintendent of the city of Washington on +the affairs of the city committed to his care. By this you will perceive +that the resales of lots prescribed by an act of the last session of +Congress did not produce a sufficiency to pay the debt to Maryland +to which they are appropriated, and as it was evident that the sums +necessary for the interest and installments due to that State could not +be produced by a sale of the other public lots without an unwarrantable +sacrifice of the property, the deficiencies were of necessity drawn from +the Treasury of the United States. + +The office of the surveyor for the city, created during the former +establishment, being of indispensable necessity, it has been continued, +and to that of the superintendent, substituted instead of the board of +commissioners at the last session of Congress, no salary was annexed by +law. These offices being permanent, I have supposed it more agreeable to +principle that their salaries should be fixed by the Legislature, and +therefore have assigned them none. Their services to be compensated are +from the 1st day of June last. + +The marshal of the District of Columbia has, as directed by law, caused +a jail to be built in the city of Washington. I inclose his statements +of the expenses already incurred and of what remains to be finished. The +portion actually completed has rendered the situation of the persons +confined much more comfortable and secure than it has been heretofore. + +TH. JEFFERSON. + + + +FEBRUARY 3, 1803. + +_Gentlemen of the House of Representatives_: + +The inclosed letter and affidavits exhibiting matter of complaint against +John Pickering, district judge of New Hampshire, which is not within +Executive cognizance, I transmit them to the House of Representatives, +to whom the Constitution has confided a power of instituting proceedings +of redress, if they shall be of opinion that the case calls for them. + +TH. JEFFERSON. + + + +FEBRUARY 14, 1803. + +_Gentlemen of the Senate and of the House of Representatives_: + +In obedience to the ordinance for the government of the Territories of +the United States requiring that the laws adopted by the governor and +judges thereof shall be reported to Congress from time to time, I now +transmit those which have been adopted in the Indiana Territory from +January, 1801, to February, 1802, as forwarded to the office of the +Secretary of State. + +TH. JEFFERSON. + + + +FEBRUARY 21, 1803. + +_Gentlemen of the Senate_: + +The Tuscarora Indians, having an interest in some lands within the State +of North Carolina, asked the superintendence of the Government of the +United States over a treaty to be held between them and the State of +North Carolina respecting these lands. William Richardson Davie was +appointed a commissioner for this purpose, and a treaty was concluded +under his superintendence. This, with his letter on the subject, is now +laid before the Senate for their advice and consent whether it shall be +ratified. + +TH. JEFFERSON. + + + +FEBRUARY 23, 1803. + +_Gentlemen of the Senate and House of Representatives_: + +I lay before you a report of the Secretary of State on the case of +the Danish brigantine _Henrick_, taken by a French privateer in 1799, +retaken by an armed vessel of the United States, carried into a British +island, and there adjudged to be neutral, but under allowance of such +salvage and costs as absorbed nearly the whole amount of sales of +the vessel and cargo. Indemnification for these losses occasioned +by our officers is now claimed by the sufferers, supported by the +representations of their Government. I have no doubt the legislature +will give to the subject that just attention and consideration which +it is useful as well as honorable to practice in our transactions with +other nations, and particularly with one which has observed toward us +the most friendly treatment and regard. + +TH. JEFFERSON. + + + + + +PROCLAMATION. + + +[From the National Intelligencer, July 18, 1803.] + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +Whereas great and weighty matters claiming the consideration of the +Congress of the United States form an extraordinary occasion for +convening them, I do by these presents appoint Monday, the 17th day +of October next, for their meeting at the city of Washington, hereby +requiring their respective Senators and Representatives then and there +to assemble in Congress, in order to receive such communications as may +then be made to them and to consult and determine on such measures as in +their wisdom may be deemed meet for the welfare of the United States. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to be +hereunto affixed, and signed the same with my hand. + +Done at the city of Washington, the 16th day of July, A.D. 1803, and +in the twenty-eighth year of the Independence of the United States. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary_. + + + + +THIRD ANNUAL MESSAGE. + + +OCTOBER 17, 1803. + +_To the Senate and House of Representatives of the United States_: + +In calling you together, fellow-citizens, at an earlier day than was +contemplated by the act of the last session of Congress, I have not been +insensible to the personal inconveniences necessarily resulting from +an unexpected change in your arrangements. But matters of great public +concernment have rendered this call necessary, and the interests you +feel in these will supersede in your minds all private considerations. + +Congress witnessed at their late session the extraordinary agitation +produced in the public mind by the suspension of our right of deposit at +the port of New Orleans, no assignment of another place having been made +according to treaty. They were sensible that the continuance of that +privation would be more injurious to our nation than any consequences +which could flow from any mode of redress, but reposing just confidence +in the good faith of the Government whose officer had committed the +wrong, friendly and reasonable representations were resorted to, and +the right of deposit was restored. + +Previous, however, to this period we had not been unaware of the danger +to which our peace would be perpetually exposed whilst so important a +key to the commerce of the Western country remained under foreign power. +Difficulties, too, were presenting themselves as to the navigation of +other streams which, arising within our territories, pass through those +adjacent. Propositions had therefore been authorized for obtaining on +fair conditions the sovereignty of New Orleans and of other possessions +in that quarter interesting to our quiet to such extent as was deemed +practicable, and the provisional appropriation of $2,000,000 to be +applied and accounted for by the President of the United States, +intended as part of the price, was considered as conveying the sanction +of Congress to the acquisition proposed. The enlightened Government of +France saw with just discernment the importance to both nations of such +liberal arrangements as might best and permanently promote the peace, +friendship, and interests of both, and the property and sovereignty of +all Louisiana which had been restored to them have on certain conditions +been transferred to the United States by instruments bearing date the +30th of April last. When these shall have received the constitutional +sanction of the Senate, they will without delay be communicated to the +Representatives also for the exercise of their functions as to those +conditions which are within the powers vested by the Constitution in +Congress. + +Whilst the property and sovereignty of the Mississippi and its waters +secure an independent outlet for the produce of the Western States +and an uncontrolled navigation through their whole course, free from +collision with other powers and the dangers to our peace from that +source, the fertility of the country, its climate and extent, promise +in due season important aids to our Treasury, an ample provision for +our posterity, and a wide spread for the blessings of freedom and +equal laws. + +With the wisdom of Congress it will rest to take those ulterior measures +which may be necessary for the immediate occupation and temporary +government of the country; for its incorporation into our Union; for +rendering the change of government a blessing to our newly adopted +brethren; for securing to them the rights of conscience and of property; +for confirming to the Indian inhabitants their occupancy and +self-government, establishing friendly and commercial relations with +them, and for ascertaining the geography of the country acquired. Such +materials, for your information, relative to its affairs in general as +the short space of time has permitted me to collect will be laid before +you when the subject shall be in a state for your consideration. + +Another important acquisition of territory has also been made since the +last session of Congress. The friendly tribe of Kaskaskia Indians, with +which we have never had a difference, reduced by the wars and wants of +savage life to a few individuals unable to defend themselves against the +neighboring tribes, has transferred its country to the United States, +reserving only for its members what is sufficient to maintain them in an +agricultural way. The considerations stipulated are that we shall extend +to them our patronage and protection and give them certain annual +aids in money, in implements of agriculture, and other articles of +their choice. This country, among the most fertile within our limits, +extending along the Mississippi from the mouth of the Illinois to and up +the Ohio, though not so necessary as a barrier since the acquisition of +the other bank, may yet be well worthy of being laid open to immediate +settlement, as its inhabitants may descend with rapidity in support of +the lower country should future circumstances expose that to foreign +enterprise. As the stipulations in this treaty also involve matters +within the competence of both Houses only, it will be laid before +Congress as soon as the Senate shall have advised its ratification. + +With many of the other Indian tribes improvements in agriculture +and household manufacture are advancing, and with all our peace and +friendship are established on grounds much firmer than heretofore. +The measure adopted of establishing trading houses among them and of +furnishing them necessaries in exchange for their commodities at such +moderate prices as leave no gain, but cover us from loss, has the most +conciliatory and useful effect on them, and is that which will best +secure their peace and good will. + +The small vessels authorized by Congress with a view to the +Mediterranean service have been sent into that sea, and will be able +more effectually to confine the Tripoline cruisers within their harbors +and supersede the necessity of convoy to our commerce in that quarter. +They will sensibly lessen the expenses of that service the ensuing year. + +A further knowledge of the ground in the northeastern and northwestern +angles of the United States has evinced that the boundaries established +by the treaty of Paris between the British territories and ours in those +parts were too imperfectly described to be susceptible of execution. +It has therefore been thought worthy of attention for preserving and +cherishing the harmony and useful intercourse subsisting between the +two nations to remove by timely arrangements what unfavorable incidents +might otherwise render a ground of future misunderstanding. A convention +has therefore been entered into which provides for a practicable +demarcation of those limits to the satisfaction of both parties. + +An account of the receipts and expenditures of the year ending the 30th +of September last, with the estimates for the service of the ensuing +year, will be laid before you by the Secretary of the Treasury so soon +as the receipts of the last quarter shall be returned from the more +distant States. It is already ascertained that the amount paid into the +Treasury for that year has been between $11,000,000 and $12,000,000, and +that the revenue accrued during the same term exceeds the sum counted on +as sufficient for our current expenses and to extinguish the public debt +within the period heretofore proposed. + +The amount of debt paid for the same year is about $3,100,000, exclusive +of interest, and making, with the payment of the preceding year, a +discharge of more than $8,500,000 of the principal of that debt, +besides the accruing interest; and there remain in the Treasury nearly +$6,000,000. Of these, $880,000 have been reserved for payment of the +first installment due under the British convention of January 8, 1802, +and two millions are what have been before mentioned as placed by +Congress under the power and accountability of the President toward the +price of New Orleans and other territories acquired, which, remaining +untouched, are still applicable to that object and go in diminution of +the sum to be funded for it. + +Should the acquisition of Louisiana be constitutionally confirmed and +carried into effect, a sum of nearly $13,000,000 will then be added to +our public debt, most of which is payable after fifteen years, before +which term the present existing debts will all be discharged by the +established operation of the sinking fund. When we contemplate the +ordinary annual augmentation of impost from increasing population and +wealth, the augmentation of the same revenue by its extension to the new +acquisition, and the economies which may still be introduced into our +public expenditures, I can not but hope that Congress in reviewing their +resources will find means to meet the intermediate interest of this +additional debt without recurring to new taxes, and applying to this +object only the ordinary progression of our revenue. Its extraordinary +increase in times of foreign war will be the proper and sufficient fund +for any measures of safety or precaution which that state of things may +render necessary in our neutral position. + +Remittances for the installments of our foreign debt having been found +practicable without loss, it has not been thought expedient to use the +power given by a former act of Congress of continuing them by reloans, +and of redeeming instead thereof equal sums of domestic debt, although +no difficulty was found in obtaining that accommodation. + +The sum of $50,000 appropriated by Congress for providing gunboats +remains unexpended. The favorable and peaceable turn of affairs on the +Mississippi rendered an immediate execution of that law unnecessary, +and time was desirable in order that the institution of that branch of +our force might begin on models the most approved by experience, The +same issue of events dispensed with a resort to the appropriation of +$1,500,000, contemplated for purposes which were effected by happier +means. + +We have seen with sincere concern the flames of war lighted up again +in Europe, and nations with which we have the most friendly and useful +relations engaged in mutual destruction. While we regret the miseries +in which we see others involved, let us bow with gratitude to that +kind Providence which, inspiring with wisdom and moderation our late +legislative councils while placed under the urgency of the greatest +wrongs, guarded us from hastily entering into the sanguinary contest and +left us only to look on and to pity its ravages. These will be heaviest +on those immediately engaged. Yet the nations pursuing peace will not +be exempt from all evil. In the course of this conflict let it be our +endeavor, as it is our interest and desire, to cultivate the friendship +of the belligerent nations by every act of justice and of innocent +kindness; to receive their armed vessels with hospitality from the +distresses of the sea, but to administer the means of annoyance to none; +to establish in our harbors such a police as may maintain law and order; +to restrain our citizens from embarking individually in a war in which +their country takes no part; to punish severely those persons, citizen +or alien, who shall usurp the cover of our flag for vessels not entitled +to it, infecting thereby with suspicion those of real Americans and +committing us into controversies for the redress of wrongs not our +own; to exact from every nation the observance toward our vessels and +citizens of those principles and practices which all civilized people +acknowledge; to merit the character of a just nation, and maintain +that of an independent one, preferring every consequence to insult and +habitual wrong. Congress will consider whether the existing laws enable +us efficaciously to maintain this course with our citizens in all places +and with others while within the limits of our jurisdiction, and will +give them the new modifications necessary for these objects. Some +contraventions of right have already taken place, both within our +jurisdictional limits and on the high seas. The friendly disposition of +the Governments from whose agents they have proceeded, as well as their +wisdom and regard for justice, leave us in reasonable expectation that +they will be rectified and prevented in future, and that no act will +be countenanced by them which threatens to disturb our friendly +intercourse. Separated by a wide ocean from the nations of Europe +and from the political interests which entangle them together, with +productions and wants which render our commerce and friendship useful to +them and theirs to us, it can not be the interest of any to assail us, +nor ours to disturb them. We should be most unwise, indeed, were we to +cast away the singular blessings of the position in which nature has +placed us, the opportunity she has endowed us with of pursuing, at a +distance from foreign contentions, the paths of industry, peace, and +happiness, of cultivating general friendship, and of bringing collisions +of interest to the umpirage of reason rather than of force. How +desirable, then, must it be in a Government like ours to see its +citizens adopt individually the views, the interests, and the conduct +which their country should pursue, divesting themselves of those +passions and partialities which tend to lessen useful friendships and to +embarrass and embroil us in the calamitous scenes of Europe. Confident, +fellow-citizens, that you will duly estimate the importance of neutral +dispositions toward the observance of neutral conduct, that you will +be sensible how much it is our duty to look on the bloody arena spread +before us with commiseration indeed, but with no other wish than to see +it closed, I am persuaded you will cordially cherish these dispositions +in all discussions among yourselves and in all communications with your +constituents; and I anticipate with satisfaction the measures of wisdom +which the great interests now committed to you will give _you_ an +opportunity of providing, and _myself_ that of approving and of +carrying into execution with the fidelity I owe to my country, + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +OCTOBER 17, 1803. + +_Gentlemen of the Senate_: + +In my message of this day to both Houses of Congress I explained the +circumstances which had led to the conclusion of conventions with France +for the cession of the Province of Louisiana to the United States. Those +conventions are now laid before you with such communications relating to +them as may assist in deciding whether you will advise and consent to +their ratification. + +The ratification of the First Consul of France is in the hands of his +charge d'affaires here, to be exchanged for that of the United States +whensoever, before the 30th instant, it shall be in readiness. + +TH. JEFFERSON. + + + +OCTOBER 21, 1803. + +_To the Senate and House of Representatives of the United States_: + +In my communication to you of the 17th instant I informed you that +conventions had been entered into with the Government of France for the +cession of Louisiana to the United States. These, with the advice and +consent of the Senate, having now been ratified and my ratification +exchanged for that of the First Consul of France in due form, they are +communicated to you for consideration in your legislative capacity. You +will observe that some important conditions can not be carried into +execution but with the aid of the Legislature, and that time presses +a decision on them without delay. + +The ulterior provisions, also suggested in the same communication, +for the occupation and government of the country will call for early +attention. Such information relative to its government as time and +distance have permitted me to obtain will be ready to be laid before you +within a few days; but as permanent arrangements for this object may +require time and deliberation, it is for your consideration whether you +will not forthwith make such temporary provisions for the preservation +in the meanwhile of order and tranquillity in the country as the case +may require. + +TH. JEFFERSON. + + + +OCTOBER 24, 1803. + +_To the Senate of the United States_: + +I lay before you the convention signed on the 12th day of May last +between the United States and Great Britain for settling their +boundaries in the northeastern and northwestern parts of the United +States, which was mentioned in my general message of the 17th instant, +together with such papers relating thereto as may enable you to +determine whether you will advise and consent to its ratification. + +TH. JEFFERSON. + + + +OCTOBER 31, 1803. + +_To the Senate of the United States of America_: + +I now lay before you the treaty mentioned im my general message at the +opening of the session as having been concluded with the Kaskaskia +Indians for the transfer of their country to us under certain +reservations and conditions. + +Progress having been made in the demarcation of Indian boundaries, I am +now able to communicate, to you a treaty with the Delawares, Shawanese, +Potawatamies, Miamis, Eel-rivers, Weeas, Kickapoos, Piankeshaws, and +Kaskaskias, establishing the boundaries of the territory around St. +Vincennes. + +Also a supplementary treaty with the Eel-rivers, Wyandots, Piankeshaws, +Kaskaskias, and Kickapoos, in confirmation of the fourth article of the +preceding treaty. + +Also a treaty with the Choctaws, describing and establishing our +demarcation of boundaries with them. + +Which several treaties are accompanied by the papers relating to them, +and are now submitted to the Senate for consideration whether they will +advise and consent to their ratification. + +TH. JEFFERSON. + + + +NOVEMBER 4, 1803. + +_To the Senate and House of Representatives of the United States_: + +By the copy now communicated of a letter from Captain Bainbridge, of +the _Philadelphia_ frigate, to our consul at Gibraltar, you will learn +that an act of hostility has been committed on a merchant vessel of the +United States by an armed ship of the Emperor of Morocco. This conduct +on the part of that power is without cause and without explanation. It +is fortunate that Captain Bainbridge fell in with and took the capturing +vessel and her prize, and I have the satisfaction to inform you that +about the date of this transaction such a force would be arriving in +the neighborhood of Gibraltar, both from the east and from the west, +as leaves less to be feared for our commerce from the suddenness of +the aggression. + +On the 4th of September the _Constitution_ frigate, Captain Preble, +with Mr. Lear on board, was within two days' sail of Gibraltar, where +the _Philadelphia_ would then be arrived with her prize, and such +explanations would probably be instituted as the state of things +required, and as might perhaps arrest the progress of hostilities. + +In the meanwhile it is for Congress to consider the provisional +authorities which may be necessary to restrain the depredations of +this power should they be continued, + +TH. JEFFERSON. + + + +NOVEMBER 14, 1803. + +_To the Senate and House of Representatives of the United States_: + +I now communicate a digest of the information I have received relative +to Louisiana, which may be useful to the Legislature in providing for +the government of the country. A translation of the most important laws +in force in that province, now in press, shall be the subject of a +supplementary communication, with such further and material information +as may yet come to hand. + +TH. JEFFERSON. + + + +NOVEMBER 24, 1803. + +_To the House of Representatives of the United States_: + +In conformity with the desire expressed in the resolution of the House +of Representatives of the 15th instant, I now lay before them copies of +such documents as are in possession of the Executive relative to the +arrest and confinement of Zachariah Cox by officers in the service of +the United States in the year 1798. From the nature of the transaction +some documents relative to it might have been expected from the War +Office; but if any ever existed there they were probably lost when the +office and its papers were consumed by fire. + +TH. JEFFERSON. + + + +NOVEMBER 25, 1803. + +_To the Senate and House of Representatives of the United States_: + +The treaty with the Kaskaskia Indians being ratified with the advice +and consent of the Senate, it is now laid before both Houses in their +legislative capacity. It will inform them of the obligations which the +United States thereby contract, and particularly that of taking the +tribe under their future protection, and that the ceded country is +submitted to their immediate possession and disposal. + +TH. JEFFERSON. + + + +NOVEMBER 29, 1803. + +_To the Senate and House of Representatives of the United States_: + +I now communicate an appendix to the information heretofore given on +the subject of Louisiana. You will be sensible, from the face of these +papers, as well as of those to which they are a sequel, that they +are not and could not be official, but are furnished by different +individuals as the result of the best inquiries they had been able +to make, and now given as received from them, only digested under +heads to prevent repetitions. + +TH. JEFFERSON. + + + +DECEMBER 5, 1803. + +_To the Senate and House of Representatives of the United States_: + +I have the satisfaction to inform you that the act of hostility +mentioned in my message of the 4th of November to have been committed by +a cruiser of the Emperor of Morocco on a vessel of the United States has +been disavowed by the Emperor. All differences in consequence thereof +have been amicably adjusted, and the treaty of 1786 between this country +and that has been recognized and confirmed by the Emperor, each party +restoring to the other what had been detained or taken. I inclose the +Emperor's orders given on this occasion. + +The conduct of our officers generally who have had a part in these +transactions has merited entire approbation. + +The temperate and correct course pursued by our consul, Mr. Simpson, the +promptitude and energy of Commodore Preble, the efficacious cooperation +of Captains Rodgers and Campbell, of the returning squadron, the proper +decision of Captain Bainbridge that a vessel which had committed an open +hostility was of right to be detained for inquiry and consideration, +and the general zeal of the other officers and men are honorable facts +which I make known with pleasure. And to these I add what was indeed +transacted in another quarter--the gallant enterprise of Captain Rodgers +in destroying on the coast of Tripoli a corvette of that power of 22 +guns. + +I recommend to the consideration of Congress a just indemnification +for the interest acquired by the captors of the _Mishouda_ and +_Mirboha_, yielded by them for the public accommodation. + +TH. JEFFERSON. + + + +DECEMBER 5, 1803, + +_To the Senate of the United States_: + +In compliance with the desire of the Senate expressed in their +resolution of the 22d of November, on the impressment of seamen in +the service of the United States by the agents of foreign nations, +I now lay before the Senate a letter from the Secretary of State with +a specification of the cases of which information has been received. + +TH. JEFFERSON. + + + +DECEMBER 21, 1803. + +_To the Senate of the United States_: + +On the 11th of January last I laid before the Senate, for their +consideration and advice, a convention with Spain on the subject of +indemnities for spoliations on our commerce committed by her subjects +during the late war, which convention is still before the Seriate. As +this instrument did not embrace French seizures and condemnations of +our vessels in the ports of Spain, for which we deemed the latter power +responsible, our minister at that Court was instructed to press for +an additional article, comprehending that branch of wrongs. I now +communicate what has since passed on that subject. The Senate will judge +whether the prospect it offers will justify a longer suspension of +that portion of indemnities conceded by Spain should she now take no +advantage of the lapse of the period for ratification. As the settlement +of the boundaries of Louisiana will call for new negotiations on our +receiving possession of that Province, the claims not obtained by the +convention now before the Senate may be incorporated into those +discussions. + +TH. JEFFERSON. + + + +DECEMBER 31, 1803. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress the annual account of the fund established +for defraying the contingent charges of Government. No occasion having +arisen for making use of any part of it in the present year, the balance +of $18,560 unexpended at the end of the last year remains now in the +Treasury. + +TH. JEFFERSON. + + + +JANUARY 16, 1804. + +_To the Senate and House of Representatives of the United States_: + +In execution of the act of the present session of Congress for taking +possession of Louisiana, as ceded to us by France, and for the temporary +government thereof, Governor Claiborne, of the Mississippi Territory, +and General Wilkinson were appointed commissioners to receive +possession. They proceeded with such regular troops as had been +assembled at Fort Adams from the nearest posts and with some militia of +the Mississippi Territory to New Orleans, To be prepared for anything +unexpected which might arise out of the transaction, a respectable +body of militia was ordered to be in readiness in the States of Ohio, +Kentucky, and Tennessee, and a part of those of Tennessee was moved +on to the Natchez. No occasion, however, arose for their sendees. Our +commissioners, on their arrival at New Orleans, found the Province +already delivered by the commissioners of Spain to that of France, who +delivered it over to them on the 20th day of December, as appears by +their declaratory act accompanying this. Governor Claiborne, being +duly invested with the powers heretofore exercised by the governor and +intendant of Louisiana, assumed the government on the same day, and for +the maintenance of law and order immediately issued the proclamation and +address now communicated. + +On this important acquisition, so favorable to the immediate interests +of our Western citizens, so auspicious to the peace and security of the +nation in general, which adds to our country territories so extensive +and fertile and to our citizens new brethren to partake of the blessings +of freedom and self-government, I offer to Congress and our country my +sincere congratulations, + +TH. JEFFERSON. + + + +JANUARY 24, 1804. + +_Gentlemen of the Senate and of the House of Representatives_: + +I communicate for your information a letter just received from Governor +Claiborne, which may throw light on the subject of the government of +Louisiana, under contemplation of the Legislature. The paper being +original, a return is asked. + +TH. JEFFERSON. + + + +FEBRUARY 16, 1804. + +_To the Senate and House of Representatives of the United States_: + +Information having been received some time ago that the public lands in +the neighborhood of Detroit required particular attention, the agent +appointed to transact business with the Indians in that quarter was +instructed to inquire into and report the situation of the titles +and occupation of the lands, private and public, in the neighboring +settlements. His report is now communicated, that the Legislature may +judge how far its interposition is necessary to quiet the legal titles, +confirm the equitable, to remove the past and prevent future intrusions +which have neither law nor justice for the basis. + +TH. JEFFERSON. + + + +FEBRUARY 22, 1804. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress, for their information, a report of the +surveyor of the public buildings at Washington, stating what has been +done under the act of the last session concerning the city of Washington +on the Capitol and other public buildings, and the highway between them. + +TH. JEFFERSON. + + + +FEBRUARY 29, 1804. + +_To the Senate and House of Representatives of the United States_: + +I communicate, for the information of Congress, a letter stating certain +fraudulent practices for monopolizing lands in Louisiana, which may +perhaps require legislative provisions. + +TH. JEFFERSON. + + + +MARCH 20, 1804. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress a letter received from Captain Bainbridge, +commander of the _Philadelphia_ frigate, informing us of the wreck +of that vessel on the coast of Tripoli, and that himself, his officers +and men, had fallen into the hands of the Tripolitans. This accident +renders it expedient to increase our force and enlarge our expenses +in the Mediterranean beyond what the last appropriation for the naval +service contemplated. I recommend, therefore, to the consideration of +Congress such an addition to that appropriation as they may think the +exigency requires. + +TH. JEFFERSON. + + + +MARCH 22, 1804. + +_To the Senate and House of Representatives of the United States_: + +I lay before Congress the last returns of the militia of the United +States. Their incompleteness is much to be regretted, and its remedy +may at some future time be a subject worthy the attention of Congress. + +TH. JEFFERSON. + + + + +PROCLAMATION. + + +[From Annals of Congress, Eighth Congress, second session, 1234.] + +_To all whom these presents shall come_: + +Whereas by an act of Congress authority has been given to the President +of the United States, whenever he shall deem it expedient, to erect the +shores, waters, and inlets of the bay and river of Mobile, and of the +other rivers, creeks, inlets, and bays emptying into the Gulf of Mexico +east of the said river Mobile and west thereof to the Pascagoula, +inclusive, into a separate district for the collection of duties on +imports and tonnage; and to establish such place within the same as he +shall deem it expedient to be the port of entry and delivery for such +district; and to designate such other places within the same district, +not exceeding two, to be ports of delivery only: + +Now know ye that I, Thomas Jefferson, President of the United States, +do hereby decide that all the above-mentioned shores, waters, inlets, +creeks, and rivers lying within the boundaries of the United States +shall constitute and form a separate district, to be denominated "the +district of Mobile;" and do also designate Fort Stoddert, within the +district aforesaid, to be the port of entry and delivery for the said +district. + +Given under my hand this 20th day of May, 1804. + +TH. JEFFERSON. + + + + +FOURTH ANNUAL MESSAGE. + + +NOVEMBER 8, 1804. + +_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 to 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, can not 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 learnt that its object was misunderstood on the part of +Spain. Candid 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 had, 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 confirmation of them by +the tenor of the instrument establishing the port and district, may +reasonably be expected to replace them in the dispositions and views +of the whole subject which originally dictated the convention. + +I have the satisfaction to inform you that the objections which had +been urged by that Government against the validity of our title to the +country of Louisiana have been withdrawn, its exact limits, however, +remaining still to be settled between us; and to this is to be added +that, having prepared and delivered the stock created in execution of +the convention of Paris of April 30, 1803, in consideration of the +cession of that country, we have received from the Government of France +an acknowledgment, in due form, of the fulfillment of that stipulation. + +With the nations of Europe in general our friendship and intercourse +are undisturbed, and from the Governments of the belligerent powers +especially we continue to receive those friendly manifestations which +are justly due to an honest neutrality and to such good offices +consistent with that as we have opportunities of rendering. + +The activity and success of the small force employed in the +Mediterranean in the early part of the present year, the reenforcements +sent into that sea, and the energy of the officers having command in +the several vessels will, I trust, by the sufferings of war, reduce the +barbarians of Tripoli to the desire of peace on proper terms. Great +injury, however, ensues to ourselves, as well as to others interested, +from the distance to which prizes must be brought for adjudication and +from the impracticability of bringing hither such as are not seaworthy. + +The Bey of Tunis having made requisitions unauthorized by our treaty, +their rejection has produced from him some expressions of discontent. +But to those who expect us to calculate whether a compliance with unjust +demands will not cost us less than a war we must leave as a question of +calculation for them also whether to retire from unjust demands will +not cost them less than a war. We can do to each other very sensible +injuries by war, but the mutual advantages of peace make that the best +interest of both. + +Peace and intercourse with the other powers on the same coast continue +on the footing on which they are established by treaty. + +In pursuance of the act providing for the temporary government of +Louisiana, the necessary officers for the Territory of Orleans were +appointed in due time to commence the exercise of their functions on +the 1st day of October. The distance, however, of some of them and +indispensable previous arrangements may have retarded its commencement +in some of its parts. The form of government thus provided having been +considered but as temporary, and open to such future improvements as +further information of the circumstances of our brethren there might +suggest, it will of course be subject to your consideration. + +In the district of Louisiana it has been thought best to adopt the +division into subordinate districts which had been established under its +former government. These being five in number, a commanding officer has +been appointed to each, according to the provisions of the law, and so +soon as they can be at their stations that district will also be in its +due state of organization. In the meantime their places are supplied by +the officers before commanding there. And the functions of the governor +and judges of Indiana having commenced, 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 their 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 understanding and neighborly relations between us. +So 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 can +not fail us for preserving their peace and friendship. By pursuing +an uniform course of justice toward 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. + +On this side the Mississippi an important relinquishment 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 toward 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 300 miles on the Ohio, and near half that on the Wabash. The +produce of the settled country descending those rivers will no longer +pass in review 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. + +The act of Congress of February 28, 1803, for building and employing +a number of gunboats, 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 toward +supporting within our waters the authority of the laws, the promptness +with which they will be 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 competence +of our finances to this defensive provision without any new burthen 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 fulfill our expectations. Eleven +millions and a 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 upward of $3,600,000 of the +public debt, exclusive of interest. This payment, with those of the +two preceding years, has extinguished upward 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 during 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 discharge +upward of three millions and a half of the 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 hearty cooperation and +faithful execution. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +November 15, 1804. + +_To the Senate of the United States_: + +I now lay before you a treaty, entered into on the 18th day of August of +the present year, between the United States on one part and the Delaware +Indians on the other, for the extinguishment of their title to a tract +of country between the Ohio and Wabash rivers. + +And another of the 27th day of the same month, between the United States +and the Piankeshaws, for a confirmation of the same by the latter, +together with a letter from Governor Harrison on the same subject; which +treaties are submitted for your advice and consent. + +TH. JEFFERSON. + + + +NOVEMBER 15, 1804. + +_To the House of Representatives of the United States_: + +Agreeably to your resolution of the 9th instant, I now lay before you a +statement of the circumstances attending the destruction of the frigate +_Philadelphia_, with the names of the officers and the number of men +employed on the occasion, to which I have to add that Lieutenant Decatur +was thereupon advanced to be a captain in the Navy of the United States. + +TH. JEFFERSON. + + + +NOVEMBER 30, 1804. + +_To the Senate and House of Representatives of the United States_: + +I now lay before you copies of the treaties concluded with the Delaware +and Piankeshaw Indians for the extinguishment of their title to the +lands therein described, and I recommend to the consideration of +Congress the making provision by law for carrying them into execution. + +TH. JEFFERSON. + + + +DECEMBER 13. 1804. + +_To the Senate of the United States_: + +I present for your advice a treaty entered into on behalf of the United +States with the Creek Indians for the extinguishment of their right in +certain lands in the forks of Oconee and Okmulgee rivers, within the +State of Georgia. For the purpose of enabling you to form a satisfactory +judgment on the subject, it is accompanied with the instructions of +1802, April 12, to James Wilkinson, Benjamin Hawkins, and Andrew +Pickens, commissioners; those of 1803, May 5, to James Wilkinson, +Benjamin Hawkins, and Robert Anderson, commissioners, and those of 1804, +April 2, to Benjamin Hawkins, sole commissioner. The negotiations for +obtaining the whole of the lands between the Oconee and Okmulgee have +now been continued through three successive seasons under the original +instructions and others supplementary to them given from time to time, +as circumstances required, and the unity of the negotiation has been +preserved not only by the subject, but by continuing Colonel Hawkins +always one of the commissioners, and latterly the sole one. The extent +of the cession to be obtained being uncertain, the limitation of price +was what should be thought _reasonable according to the usual rate of +compensation_. The commissioner has been induced to go beyond this +limit probably by the just attentions due to the strong interest which +the State of Georgia feels in making this particular acquisition, and by +a despair of procuring it on more reasonable terms from a tribe which +is one of those most fixed in the policy of holding fast their lands. +To this may be added that if, by an alteration in the first article, +instead of giving them stock which may be passed into other hands and +render them the prey of speculators, an annuity shall be paid them in +this case, as has hitherto been practiced in all similar cases, the +price of these lands will become a pledge and guaranty for our future +peace with this important tribe, and eventually an indemnity for the +breach of it. + +On the whole, I rest with entire satisfaction on the wisdom and counsel +of those whose sanctions the Constitution has rendered necessary to the +final validity of this act. + +TH. JEFFERSON. + + + +DECEMBER 31, 1804. + +_To the Senate and House of Representatives of the United States_: + +The inclosed letter, written from Malta by Richard O'Brien, our late +consul at Algiers, giving some details of transactions before Tripoli, +is communicated for the information of Congress. + +TH. JEFFERSON. + + + +DECEMBER 31, 1804. + +_To the Senate of the United States_: + +Most of the Indians residing within our northern boundary on this +side of the Mississippi receiving from us annual aids in money and +necessaries, it was a subject of complaint with the Sacs that they +received nothing and were connected with us by no treaty. As they owned +the country in the neighborhood of our settlements of Kaskaskia and St. +Louis, it was thought expedient to engage their friendship, and Governor +Harrison was accordingly instructed in June last to propose to them an +annuity of $500 or $600, stipulating in return an adequate cession of +territory and an exact definition of boundaries. The Sacs and Foxes +acting generally as one nation, and coming forward together, he found +it necessary to add an annuity for the latter tribe also, enlarging +proportionably the cession of territory, which was accordingly done by +the treaty now communicated, of November the 3d, with those two tribes. + +This cession, giving us a perfect title to such a breadth of country on +the eastern side of the Mississippi, with a command of the Ouisconsin, +strengthens our means of retaining exclusive commerce with the Indians +on the western side of the Mississippi--a right indispensable to the +policy of governing those Indians by commerce rather than by arms. + +The treaty is now submitted to the Senate for their advice and consent. + +TH. JEFFERSON. + + + +JANUARY 31, 1805. + +_To the House of Representatives of the United States_: + +In compliance with the desire of the House of Representatives, expressed +in their resolution of yesterday, I have to inform them that by a letter +of the 30th of May last from the Secretary of War to Samuel Hammond, a +member of the House, it was proposed to him to accept a commission of +colonel-commandant for the district of Louisiana when the new government +there should commence. By a letter of the 30th of June he signified a +willingness to accept, but still more definitively by one of October 26, +a copy of which is therefore now communicated. A commission had been +made out for him bearing date the ist day of October last, and forwarded +before the receipt of his letter of October 26. No later communication +has been received from him, nor is anything later known of his +movements. + +TH. JEFFERSON. + + + +FEBRUARY 1, 1805. + +_To the House of Representatives of the United States_: + +For some weeks past I have had reason to expect by every mail from New +Orleans information which would have fully met the views of the House of +Representatives, expressed in their resolution of December 31, on the +subject of a post-road from the city of Washington to New Orleans; but +this being not yet received, I think it my duty without further delay to +communicate to the House the information I possess, however imperfect. + +Isaac Briggs, one of the surveyors-general of the United States, being +about to return in July last to his station at Natchez, and apprised of +the anxiety existing to have a practicable road explored for forwarding +the mail to New Orleans without crossing the mountains, offered his +services voluntarily to return by the route contemplated, taking as +he should go such observations of longitude and latitude as would +enable him to delineate it exactly, and by protraction to show of what +shortenings it would admit, The offer was accepted and he was furnished +with an accurate sextant for his observations. The route proposed was +from Washington by Fredericksburg, Cartersville, Lower Sauratown, +Salisbury, Franklin Court-House in Georgia, Tuckabachee, Fort Stoddert, +and the mouth of Pearl River to New Orleans. It is believed he followed +this route generally, deviating at times only for special purposes, and +returning again into it. His letters, herewith communicated, will +shew his opinion to have been, after completing his journey, that the +practicable distance between Washington and New Orleans will be a little +over 1,000 miles. He expected to forward his map and special report +within one week from the date of his last letter, but a letter of +December 10, from another person, informs me he had been unwell, but +would forward them within a week from that time. So soon as they shall +be received they shall be communicated to the House of Representatives. + +TH. JEFFERSON. + + + +FEBRUARY 5, 1805. + +_To the Senate and House of Representatives of the United States_: + +The Secretary of State has lately received a note from the Danish charge +d'affaires, claiming, _in the name of his Government_, restitution +in the case of the brig _Henrich_, communicated to Congress at a +former session, in which note were transmitted sundry documents chiefly +relating to the value and neutral character of the vessel, and to the +question whether the judicial proceedings were instituted and conducted +without the concurrence of the captain of the _Henrich_. As these +documents appear to form a necessary appendage to those already before +Congress, and throw additional light on the subject, I transmit copies +of them herewith. + +TH. JEFFERSON. + + + +FEBRUARY 13, 1805. + +_To the Senate and House of Representatives of the United States_: + +In the message to Congress at the opening of the present session I +informed them that treaties had been entered into with the Delaware and +Piankeshaw Indians for the purchase of their right to certain lands on +the Ohio. I have since received another, entered into with the Sacs and +Foxes, for a portion of country on both sides of the river Mississippi. +These treaties, having been advised and consented to by the Senate, have +accordingly been ratified, but as they involve conditions which require +legislative provision, they are now submitted to both branches for +consideration. + +TH. JEFFERSON. + + + +FEBRUARY 20, 1805. + +_To the Senate and House of Representatives of the United States_: + +I communicate, for the information of Congress, a letter of September 18 +from Commodore Preble, giving a detailed account of the transactions of +the vessels under his command from July the 9th to the 10th of September +last past. + +The energy and judgment displayed by this excellent officer through the +whole course of the service lately confided to him and the zeal and +valor of his officers and men in the several enterprises executed by +them can not fail to give high satisfaction to Congress and their +country, of whom they have deserved well. + +TH. JEFFERSON. + + + +FEBRUARY 28, 1805. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the militia of the United +States, according to the returns last received from the several States. +It will be perceived that some of these are not of recent dates, and +that from the States of Maryland, Delaware, and Tennessee no returns are +stated. As far as appears from our records, none were ever rendered from +either of these States. + +TH. JEFFERSON. + + + +FEBRUARY 28, 1805. + +_To the Senate and House of Representatives of the United States_: + +I now render to Congress the account of the fund established by the act +of May 1, 1802, for defraying the contingent charges of Government. No +occasion having arisen for making use of any part of the balance of +$18,560 unexpended on the 31st day of December, 1803, when the last +account was rendered by message, that balance has been carried to the +credit of the surplus fund. + +TH. JEFFERSON. + + + + +SECOND INAUGURAL ADDRESS. + + +Proceeding, fellow-citizens, to that qualification which the +Constitution requires before my entrance on the charge again conferred +on me, it is my duty to express the deep sense I entertain of this new +proof of confidence from my fellow-citizens at large, and the zeal with +which it inspires me so to conduct myself as may best satisfy their just +expectations. + +On taking this station on a former occasion I declared the principles +on which I believed it my duty to administer the affairs of our +Commonwealth. My conscience tells me I have on every occasion acted +up to that declaration according to its obvious import and to the +understanding of every candid mind. + +In the transaction of your foreign affairs we have endeavored to +cultivate the friendship of all nations, and especially of those with +which we have the most important relations. We have clone them justice +on all occasions, favored where favor was lawful, and cherished mutual +interests and intercourse on fair and equal terms. We are firmly +convinced, and we act on that conviction, that with nations as with +individuals our interests soundly calculated will ever be found +inseparable from our moral duties, and history bears witness to the +fact that a just nation is trusted on its word when recourse is had +to armaments and wars to bridle others. + +At home, fellow-citizens, you best know whether we have done well or +ill. The suppression of unnecessary offices, of useless establishments +and expenses, enabled us to discontinue our internal taxes. These, +covering our land with officers and opening our doors to their +intrusions, had already begun that process of domiciliary vexation which +once entered is scarcely to be restrained from reaching successively +every article of property and produce. If among these taxes some minor +ones fell which had not been inconvenient, it was because their amount +would not have paid the officers who collected them, and because, if +they had any merit, the State authorities might adopt them instead of +others less approved. + +The remaining revenue on the consumption of foreign articles is paid +chiefly by those who can afford to add foreign luxuries to domestic +comforts, being collected on our seaboard and frontiers only, and, +incorporated with the transactions of our mercantile citizens, it may be +the pleasure and the pride of an American to ask, What farmer, what +mechanic, what laborer ever sees a taxgatherer of the United States? +These contributions enable us to support the current expenses of the +Government, to fulfill contracts with foreign nations, to extinguish the +native right of soil within our limits, to extend those limits, and to +apply such a surplus to our public debts as places at a short day their +final redemption, and that redemption once effected the revenue thereby +liberated may, by a just repartition of it among the States and a +corresponding amendment of the Constitution, be applied _in time +of peace_ to rivers, canals, roads, arts, manufactures, education, +and other great objects within each State. _In time of war_, if +injustice by ourselves or others must sometimes produce war, increased +as the same revenue will be by increased population and consumption, and +aided by other resources reserved for that crisis, it may meet within +the year all the expenses of the year without encroaching on the rights +of future generations by burthening them with the debts of the past. War +will then be but a suspension of useful works, and a return to a state +of peace a return to the progress of improvement. + +I have said, fellow-citizens, that the income reserved had enabled us to +extend our limits, but that extension may possibly pay for itself before +we are called on, and in the meantime may keep down the accruing +interest; in all events, it will replace the advances we shall have +made. I know that the acquisition of Louisiana has been disapproved by +some from a candid apprehension that the enlargement of our territory +would endanger its union. But who can limit the extent to which the +federative principle may operate effectively? The larger our association +the less will it be shaken by local passions; and in any view is it not +better that the opposite bank of the Mississippi should be settled by +our own brethren and children than by strangers of another family? With +which should we be most likely to live in harmony and friendly +intercourse? + +In matters of religion I have considered that its free exercise is +placed by the Constitution independent of the powers of the General +Government. I have therefore undertaken on no occasion to prescribe +the religious exercises suited to it, but have left them, as the +Constitution found them, under the direction and discipline of the +church or state authorities acknowledged by the several religious +societies. + +The aboriginal inhabitants of these countries I have regarded with the +commiseration their history inspires. Endowed with the faculties and the +rights of men, breathing an ardent love of liberty and independence, and +occupying a country which left them no desire but to be undisturbed, the +stream of overflowing population from other regions directed itself on +these shores; without power to divert or habits to contend against +it, they have been overwhelmed by the current or driven before it; +now reduced within limits too narrow for the hunter's state, humanity +enjoins us to teach them agriculture and the domestic arts; to encourage +them to that industry which alone can enable them to maintain their +place in existence and to prepare them in time for that state of society +which to bodily comforts adds the improvement of the mind and morals. We +have therefore liberally furnished them with the implements of husbandry +and household use; we have placed among them instructors in the arts of +first necessity, and they are covered with the aegis of the law against +aggressors from among ourselves. + +But the endeavors to enlighten them on the fate which awaits their +present course of life, to induce them to exercise their reason, follow +its dictates, and change their pursuits with the change of circumstances +have powerful obstacles to encounter; they are combated by the habits +of their bodies, prejudices of their minds, ignorance, pride, and the +influence of interested and crafty individuals among them who feel +themselves something in the present order of things and fear to become +nothing in any other. These persons inculcate a sanctimonious reverence +for the customs of their ancestors; that whatsoever they did must be +done through all time; that reason is a false guide, and to advance +under its counsel in their physical, moral, or political condition is +perilous innovation; that their duty is to remain as their Creator made +them, ignorance being safety and knowledge full of danger; in short, +my friends, among them also is seen the action and counteraction of +good sense and of bigotry; they too have their antiphilosophists who +find an interest in keeping things in their present state, who dread +reformation, and exert all their faculties to maintain the ascendency of +habit over the duty of improving our reason and obeying its mandates. + +In giving these outlines I do not mean, fellow-citizens, to arrogate to +myself the merit of the measures. That is due, in the first place, to +the reflecting character of our citizens at large, who, by the weight of +public opinion, influence and strengthen the public measures. It is due +to the sound discretion with which they select from among themselves +those to whom they confide the legislative duties. It is due to the zeal +and wisdom of the characters thus selected, who lay the foundations of +public happiness in wholesome laws, the execution of which alone remains +for others, and it is due to the able and faithful auxiliaries, whose +patriotism has associated them with me in the executive functions. + +During this course of administration, and in order to disturb it, +the artillery of the press has been leveled against us, charged with +whatsoever its licentiousness could devise or dare. These abuses of +an institution so important to freedom and science are deeply to be +regretted, inasmuch as they tend to lessen its usefulness and to sap +its safety. They might, indeed, have been corrected by the wholesome +punishments reserved to and provided by the laws of the several States +against falsehood and defamation, but public duties more urgent press on +the time of public servants, and the offenders have therefore been left +to find their punishment in the public indignation. + +Nor was it uninteresting to the world that an experiment should be +fairly and fully made, whether freedom of discussion, unaided by power, +is not sufficient for the propagation and protection of truth--whether +a government conducting itself in the true spirit of its constitution, +with zeal and purity, and doing no act which it would be unwilling +the whole world should witness, can be written down by falsehood and +defamation. The experiment has been tried: you have witnessed the scene; +our fellow-citizens looked on, cool and collected; they saw the latent +source from which these outrages proceeded; they gathered around their +public functionaries, and when the Constitution called them to the +decision by suffrage, they pronounced their verdict, honorable to those +who had served them and consolatory to the friend of man who believes +that he may be trusted with the control of his own affairs. + +No inference is here intended that the laws provided by the States +against false and defamatory publications should not be enforced; he +who has time renders a service to public morals and public tranquillity +in reforming these abuses by the salutary coercions of the law; but +the experiment is noted to prove that, since truth and reason have +maintained their ground against false opinions in league with false +facts, the press, confined to truth, needs no other legal restraint; +the public judgment will correct false reasonings and opinions on a +full hearing of all parties; and no other definite line can be drawn +between the inestimable liberty of the press and its demoralizing +licentiousness. If there be still improprieties which this rule would +not restrain, its supplement must be sought in the censorship of public +opinion. + +Contemplating the union of sentiment now manifested so generally as +auguring harmony and happiness to our future course, I offer to our +country sincere congratulations. With those, too, not yet rallied to +the same point the disposition to do so is gaining strength; facts are +piercing through the veil drawn over them, and our doubting brethren +will at length see that the mass of their fellow-citizens with whom they +can not yet resolve to act as to principles and measures, think as they +think and desire what they desire; that our wish as well as theirs is +that the public efforts may be directed honestly to the public good, +that peace be cultivated, civil and religious liberty unassailed, law +and order preserved, equality of rights maintained, and that state of +property, equal or unequal, which results to every man from his own +industry or that of his father's. When satisfied of these views it is +not in human nature that they should not approve and support them. In +the meantime let us cherish them with patient affection, let us do them +justice, and more than justice, in all competitions of interest, and we +need not doubt that truth, reason, and their own interests will at +length prevail, will gather them into the fold of their country, and +will complete that entire union of opinion which gives to a nation the +blessing of harmony and the benefit of all its strength. + +I shall now enter on the duties to which my fellow-citizens have again +called me, and shall proceed in the spirit of those principles which +they have approved. I fear not that any motives of interest may lead me +astray; I am sensible of no passion which could seduce me knowingly from +the path of justice, but the weaknesses of human nature and the limits +of my own understanding will produce errors of judgment sometimes +injurious to your interests. I shall need, therefore, all the indulgence +which I have heretofore experienced from my constituents; the want of +it will certainly not lessen with increasing years. I shall need, too, +the favor of that Being in whose hands we are, who led our fathers, as +Israel of old, from their native land and planted them in a country +flowing with all the necessaries and comforts of life; who has covered +our infancy with His providence and our riper years with His wisdom and +power, and to whose goodness I ask you to join in supplications with +me that He will so enlighten the minds of your servants, guide their +councils, and prosper their measures that whatsoever they do shall +result in your good, and shall secure to you the peace, friendship, +and approbation of all nations. + +MARCH 4, 1805. + + + + +FIFTH ANNUAL MESSAGE. + + +DECEMBER 3, 1805. + +_To the Senate and House of Representatives of the United States_. + +At a moment when the nations of Europe are in commotion and arming +against each other, and when those with whom we have principal +intercourse are engaged in the general contest, and when the countenance +of some of them toward our peaceable country threatens that even that +may not be unaffected by what is passing on the general theater, a +meeting of the representatives of the nation in both Houses of Congress +has become more than usually desirable. Coming from every section of our +country, they bring with them the sentiments and the information of the +whole, and will be enabled to give a direction 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, +incommunicable 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 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 this fever which prevails at the place from which she +sails. Under every motive from character and duty to 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 +become able to regulate with effect their respective functions in these +departments. The burthen of quarantines is felt at home as well as +abroad; their efficacy merits examination. Although the health laws of +the States should be found to need no present revisal by Congress, yet +commerce claims that their attention be 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 pretense of +legal adjudication, but not daring to approach a court of justice, they +have plundered and sunk them by the way or in obscure places where no +evidence could arise against them, maltreated the crews, and abandoned +them in boats in the open sea or on desert shores without food or +covering. These enormities appearing to be unreached by any control of +their sovereigns, I found it necessary to equip a force to cruise within +our own seas, to arrest all vessels of these descriptions found hovering +on our coasts within the limits of the Gulf Stream and to bring the +offenders in for trial as pirates. + +The same system of hovering on our coasts and harbors under color of +seeking enemies has been also 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 maintaining the authority of reason, +the only umpire between just nations, impose on us the obligation of +providing an effectual and determined opposition to a doctrine so +injurious to the rights of peaceable nations. Indeed, the confidence +we ought to have in the justice of others still countenances the hope +that a sounder view of those rights will of itself induce from every +belligerent a more correct observance of them. + +With Spain our negotiations for a settlement of differences have not +had a satisfactory issue. Spoliations during a former war, for which +she had formally acknowledged herself responsible, have been refused +to be compensated but on conditions affecting other claims in no wise +connected with them. Yet the same practices are renewed in the present +war and are already of great amount. On the Mobile, our commerce passing +through that river continues to be obstructed by arbitrary duties and +vexatious searches. Propositions for adjusting amicably the boundaries +of Louisiana have not been acceded to. While, however, the right is +unsettled, we have avoided changing the state of things by taking new +posts or strengthening ourselves in the disputed territories, in the +hope that the other power would not by a contrary conduct oblige us to +meet their example and endanger conflicts of authority the issue of +which may not be easily controlled. But in this hope we have now reason +to lessen our confidence. Inroads have been recently made into the +Territories of Orleans and the Mississippi, our citizens have been +seized and their property plundered in the very parts of the former +which had been actually delivered up by Spain, and this by the regular +officers and soldiers of that Government. I have therefore found it +necessary at length to give orders to our troops on that frontier to be +in readiness to protect our citizens, and to repel by arms any similar +aggressions in future. Other details necessary for your full information +of the state of things between this country and that shall be the +subject of another communication. + +In reviewing these injuries from some of the belligerent powers the +moderation, the firmness, and the wisdom of the Legislature will all be +called into action. We ought still to hope that time and a more correct +estimate of interest as well as of character will produce the justice +we are bound to expect. But should any nation deceive itself by false +calculations, and disappoint that expectation, we must join in the +unprofitable contest of trying which party can do the other the most +harm. Some of these injuries may perhaps admit a peaceable remedy. Where +that is competent it is always the most desirable. But some of them are +of a nature to be met by force only, and all of them may lead to it. +I can not, therefore, but recommend such preparations as circumstances +call for. The first object is to place our seaport towns out of the +danger of insult. Measures have been already taken for furnishing them +with heavy cannon for the service of such land batteries as may make a +part of their defense against armed vessels approaching them. In aid of +these it is desirable we should have a competent number of gunboats, and +the number, to be competent, must be considerable. If immediately begun, +they may be in readiness for service at the opening of the next season. +Whether it will be necessary to augment our land forces will be decided +by occurrences probably in the course of your session. In the meantime +you will consider whether it would not be expedient for a state of peace +as well as of war so to organize or class the militia as would enable +us on any sudden emergency to call for the services of the younger +portions, unencumbered with the old and those having families. Upward +of 300,000 able-bodied men between the ages of 18 and 26 years, which +the last census shews we may now count within our limits, will furnish +a competent number for offense or defense in any point where they may +be wanted, and will give time for raising regular forces after the +necessity of them shall become certain; and the reducing to the early +period of life all its active service can not but be desirable to our +younger citizens of the present as well as future times, inasmuch as it +engages to them in more advanced age a quiet and undisturbed repose in +the bosom of their families. I can not, then, but earnestly recommend +to your early consideration the expediency of so modifying our militia +system as, by a separation of the more active part from that which is +less so, we may draw from it when necessary an efficient corps fit for +real and active service, and to be called to it in regular rotation. + +Considerable provision has been made under former authorities from +Congress of materials for the construction of ships of war of 74 guns. +These materials are on hand subject to the further will of the +Legislature. + +An immediate prohibition of the exportation of arms and ammunition is +also submitted to your determination. + +Turning from these unpleasant views of violence and wrong, I +congratulate you on the liberation of our fellow-citizens who were +stranded on the coast of Tripoli and made prisoners of war. In a +government bottomed on the will of all the life and liberty of every +individual citizen become interesting to all. In the treaty, therefore, +which has concluded our warfare with that State an article for the +ransom of our citizens has been agreed to. An operation by land by a +small band of our countrymen and others, engaged for the occasion in +conjunction with the troops of the ex-Bashaw of that country, gallantly +conducted by our late consul, Eaton, and their successful enterprise +on the city of Derne, contributed doubtless to the impression which +produced peace, and the conclusion of this prevented opportunities of +which the officers and men of our squadron destined for Tripoli would +have availed themselves to emulate the acts of valor exhibited by +their brethren in the attack of the last year. Reflecting with high +satisfaction on the distinguished bravery displayed whenever occasions +permitted in the late Mediterranean service, I think it would be an +useful encouragement as well as a just reward to make an opening for +some present promotion by enlarging our peace establishment of captains +and lieutenants. + +With Tunis some misunderstandings have arisen not yet sufficiently +explained, but friendly discussions with their ambassador recently +arrived and a mutual disposition to do whatever is just and reasonable +can not fail of dissipating these, so that we may consider our peace on +that coast, generally, to be on as sound a footing as it has been at any +preceding time. Still, it will not be expedient to withdraw immediately +the whole of our force from that sea. + +The law providing for a naval peace establishment fixes the number of +frigates which shall be kept in constant service in time of peace, and +prescribes that they shall be manned by not more than two-thirds of +their complement of seamen and ordinary seamen. Whether a frigate may +be trusted to two-thirds only of her proper complement of men must +depend on the nature of the service on which she is ordered; that may +sometimes, for her safety as well as to insure her object, require her +fullest complement. In adverting to this subject Congress will perhaps +consider whether the best limitation on the Executive discretion in +this case would not be by the number of seamen which may be employed in +the whole service rather than by the number of the vessels. Occasions +oftener arise for the employment of small than of large vessels, and it +would lessen risk as well as expense to be authorized to employ them of +preference. The limitation suggested by the number of seamen would admit +a selection of vessels best adapted to the service. + +Our Indian neighbors are advancing, many of them with spirit, and +others beginning to engage in the pursuits of agriculture and household +manufacture. They are becoming sensible that the earth yields +subsistence with less labor and more certainty than the forest, and find +it their interest from time to time to dispose of parts of their surplus +and waste lands for the means of improving those they occupy and of +subsisting their families while they are preparing their farms. Since +your last session the Northern tribes have sold to us the lands between +the Connecticut Reserve and the former Indian boundary and those on the +Ohio from the same boundary to the rapids and for a considerable depth +inland. The Chickasaws and Cherokees have sold us the country between +and adjacent to the two districts of Tennessee, and the Creeks the +residue of their lands in the fork of Ocmulgee up to the Ulcofauhatche. +The three former purchases are important, inasmuch as they consolidate +disjoined parts of our settled country and render their intercourse +secure; and the second particularly so, as, with the small point on +the river which we expect is by this time ceded by the Piankeshaws, it +completes our possession of the whole of both banks of the Ohio from its +source to near its mouth, and the navigation of that river is 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 interesting to the State of Georgia. + +The several treaties which have been mentioned will be submitted to both +Houses of Congress for the exercise of their respective functions. + +Deputations now on their way to the seat of Government from various +nations of Indians inhabiting the Missouri and other parts beyond the +Mississippi come charged with assurances of their satisfaction with the +new relations in which they are placed with us, of their dispositions +to cultivate our peace and friendship, and their desire to enter into +commercial intercourse with us. A state of our progress in exploring the +principal rivers of that country, and of the information respecting them +hitherto obtained, will be communicated so soon as we shall receive some +further relations which we have reason shortly to expect. + +The receipts at the Treasury during the year ending on the 30th day of +September last have exceeded the sum of $13,000,000, which, with not +quite five millions in the Treasury at the beginning of the year, have +enabled us after meeting other demands to pay nearly two millions of the +debt contracted under the British treaty and convention, upward of four +millions of principal of the public debt, and four millions of interest. +These payments, with those which had been made in three years and a half +preceding, have extinguished of the funded debt nearly eighteen millions +of principal. Congress by their act of November 10, 1803, authorized us +to borrow $1,750,000 toward meeting the claims of our citizens assumed +by the convention with France. We have not, however, made use of this +authority, because the sum of four millions and a half, which remained +in the Treasury on the same 30th day of September last, with the +receipts which we may calculate on for the ensuing year, besides paying +the annual sum of $8,000,000 appropriated to the funded debt and meeting +all the current demands which may be expected, will enable us to pay +the whole sum of $3,750,000 assumed by the French convention and still +leave us a surplus of nearly $1,000,000 at our free disposal. Should +you concur in the provisions of arms and armed vessels recommended by +the circumstances of the times, this surplus will furnish the means of +doing so. + +On this first occasion of addressing Congress since, by the choice of +my constituents, I have entered on a second term of administration, I +embrace the opportunity to give this public assurance that I will exert +my best endeavors to administer faithfully the executive department, +and will zealously cooperate with you in every measure which may +tend to secure the liberty, property, and personal safety of our +fellow-citizens, and to consolidate the republican forms and principles +of our Government. + +In the course of your session you shall receive all the aid which I +can give for the dispatch of public business, and all the information +necessary for your deliberations, of which the interests of our own +country and the confidence reposed in us by others will admit a +communication. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 6, 1805. + +_To the Senate and House of Representatives of the United States_: + +The depredations which had been committed on the commerce of the United +States during a preceding 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 was first manifested by her protest against +the right of France to alienate Louisiana to us, which, however, was +soon retracted and the right confirmed. Then high offense 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 now refused to ratify the +convention signed by her own minister under the eye of his Sovereign +unless we 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 boundaries of Louisiana, other than a declaration that we had +no rights eastward of the Iberville, and that our line to the west was +one which would have left us but a string of land on that bank of the +river Mississippi. Our injured citizens were thus left without any +prospect of retribution from the wrongdoer, and as to boundary each +party was to take its own course. That which they have chosen to pursue +will appear from the documents now communicated. They authorize 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. + +TH. JEFFERSON. + + + +DECEMBER 11, 1805. + +_To the Senate of the United States_: + +I now lay before the Senate the several treaties and conventions +following, which have been entered into on the part of the United +States since their last session: + +1. A treaty of peace and amity between the United States of America +and the Bashaw, Bey, and subjects of Tripoli, in Barbary. + +2. A treaty between the United States and the Wyandot, Ottawa, Chippewa, +Munsee, and Delaware, Shawnee, and Potawatamie nations of Indians. + +3. A treaty between the United States and the agents of the Connecticut +Land Companies on one part and the Wyandot, Ottawa, Chippewa, Munsee, +and Delaware, Shawnee, and Potawatamie nations of Indians. + +4. A treaty between the United States and the Delawares, Potawatamies, +Miamis, Eel-rivers, and Weeas. + +5. A treaty between the United States and the Chickasaw Nation of +Indians. + +6. A treaty between the United States of America and the Cherokee +Indians. + +7. A convention between the United States and the Creek Nation of +Indians; with the several documents necessary for their explanation. + +The Senate having dissented to the ratification of the treaty with the +Creeks submitted to them at their last session, which gave a sum of +$200,000 for the country thereby conveyed, it is proper now to observe +that instead of that sum, which was equivalent to a perpetual annuity of +$12,000, the present purchase gives them an annuity of $12,000 for eight +years only and of $11,000 for ten years more, the payments of which +would be effected by a present sum of $130,000 placed at an annual +interest of 6 per cent. If from this sum we deduct the reasonable +value of the road ceded through the whole length of their country from +Ocmulgee toward New Orleans, a road of indispensable necessity to us, +the present convention will be found to give little more than the half +of the sum which was formerly proposed to be given. This difference is +thought sufficient to justify the presenting this subject a second time +to the Senate. On these several treaties I have to request that the +Senate will advise whether I shall ratify them or not. + +TH. JEFFERSON. + + + +DECEMBER 23, 1805. + +_To the Senate and House of Representatives of the United States_: + +The governor and presiding judge of the Territory of Michigan have made +a report to me of the state of that Territory, several matters in which +being within the reach of the legislative authority only, I lay the +report before Congress. + +TH. JEFFERSON. + + + +DECEMBER 31, 1805. + +_To the House of Representatives of the United States_: + +I now communicate to the House of Representatives all the information +which the executive offices furnish on the subject of their resolution +of the 23d instant respecting the States indebted to the United States. + +TH. JEFFERSON. + + + +JANUARY 10, 1806. + +_To the Senate of the United States_: + +In compliance with the request of the Senate expressed in their +resolution of December 27, I now lay before them such documents and +papers (there being no other information in my possession) as relate to +complaints by the Government of France against the commerce carried on +by the citizens of the United States to the French island of St. +Domingo. + +TH. JEFFERSON. + + + +JANUARY 13, 1806. + +_To the Senate of the United States_: + +According to the request of the Senate of December 30, I now lay before +them the correspondence of the naval commanders Barron and Rodgers and +of Mr. Eaton, late consul at Tunis, respecting the progress of the +war with Tripoli, antecedent to the treaty with the Bey and Regency +of Tripoli, and respecting the negotiations for the same, and the +commission and instructions of Mr. Eaton, with such other correspondence +in possession of the offices as I suppose may be useful to the Senate in +their deliberations upon the said treaty. + +The instructions which were given to Mr. Lear, the consul-general at +Algiers, respecting the negotiations for the said treaty accompanied +the treaty and the message concerning the same, and are now with them +in possession of the Senate. + +So much of these papers has been extracted and communicated to the House +of Representatives as relates to the principles of the cooperation +between the United States and Hamet Caramalli, which is the subject +of a joint message to both Houses of Congress bearing equal date with +the present, and as those now communicated to the Senate comprehend +the whole of that matter, I request that they may be considered as +comprising the documents stated in that message as accompanying it. +Being mostly originals or sole copies, a return of them is requested +at the convenience of the Senate. + +We have no letter from Mr. Lear respecting Tripoline affairs of later +date than that of July 5, which was transmitted to the Senate with the +treaty, nor, consequently, any later information what steps have been +taken to carry into effect the stipulation for the delivery of the wife +and children of the brother of the reigning Bashaw of Tripoli. + +TH. JEFFERSON. + + + +JANUARY 13, 1806. + +_To the Senate and House of Representatives of the United States_: + +I lay before Congress the application of Hamet Caramalli, elder brother +of the reigning Bashaw of Tripoli, soliciting from the United States +attention to his services and sufferings in the late war against +that State; and in order to possess them of the ground on which that +application stands, the facts shall be stated according to the views +and information of the Executive. + +During the war with Tripoli it was suggested that Hamet Caramalli, elder +brother of the reigning Bashaw, and driven by him from his throne, +meditated the recovery of his inheritance, and that a concert in action +with us was desirable to him. We considered that concerted operations +by those who have a common enemy were entirely justifiable, and might +produce effects favorable to both without binding either to guarantee +the objects of the other. But the distance of the scene, the +difficulties of communication, and the uncertainty of our information +inducing the less confidence in the measure, it was committed to our +agents as one which might be resorted to if it promised to promote our +success. + +Mr. Eaton, however (our late consul), on his return from the +Mediterranean, possessing personal knowledge of the scene and having +confidence in the effect of a joint operation, we authorized Commodore +Barron, then proceeding with his squadron, to enter into an +understanding with Hamet if he should deem it useful; and as it was +represented that he would need some aids of arms and ammunition, and +even of money, he was authorized to furnish them to a moderate extent, +according to the prospect of utility to be expected from it. In order to +avail him of the advantages of Mr. Eaton's knowledge of circumstances, +an occasional employment was provided for the latter as an agent for the +Navy in that sea. Our expectation was that an intercourse should be kept +up between the ex-Bashaw and the commodore; that while the former moved +on by land our squadron should proceed with equal pace, so as to arrive +at their destination together and to attack the common enemy by land and +sea at the same time. The instructions of June 6 to Commodore Barron +shew that a cooperation only was intended, and by no means an union +of our object with the fortune of the ex-Bashaw, and the commodore's +letters of March 22 and May 19 prove that he had the most correct idea +of our intentions. His verbal instructions, indeed, to Mr. Eaton and +Captain Hull, if the expressions are accurately committed to writing +by those gentlemen, do not limit the extent of his cooperation as +rigorously as he probably intended; but it is certain from the +ex-Bashaw's letter of January 3, written when he was proceeding to join +Mr. Eaton, and in which he says, "Your operations should be carried on +by sea, mine by land," that he left the position in which he was with a +proper idea of the nature of the cooperation. If Mr. Eaton's subsequent +convention should appear to bring forward other objects, his letter of +April 29 and May 1 views this convention but as provisional, the second +article, as he expressly states, guarding it against any ill effect; and +his letter of June 30 confirms this construction. + +In the event it was found that after placing the ex-Bashaw in possession +of Derne, one of the most important cities and provinces of the country, +where he had resided himself as governor, lie was totally unable to +command any resources or to bear any part in cooperation with us. This +hope was then at an end, and we certainly had never contemplated, nor +were we prepared, to land an army of our own, or to raise, pay, or +subsist an army of Arabs to march from Derne to Tripoli and to carry +on a land war at such a distance from our resources. Our means and our +authority were merely naval, and that such were the expectations of +Hamet his letter of June 29 is an unequivocal acknowledgment. While, +therefore, an impression from the capture of Derne might still operate +at Tripoli, and an attack on that place from our squadron was daily +expected. Colonel Lear thought it the best moment to listen to overtures +of peace then made by the Bashaw. He did so, and while urging provisions +for the United States he paid attention also to the interests of Hamet, +but was able to effect nothing more than to engage the restitution of +his family, and even the persevering in this demand suspended for some +time the conclusion of the treaty. + +In operations at such a distance it becomes necessary to leave much to +the discretion of the agents employed, but events may still turn up +beyond the limits of that discretion. Unable in such a case to consult +his Government, a zealous citizen will act as he believes that would +direct him were it apprised of the circumstances, and will take on +himself the responsibility. In all these cases the purity and patriotism +of the motives should shield the agent from blame, and even secure a +sanction where the error is not too injurious. Should it be thought by +any that the verbal instructions said to have been given by Commodore +Barron to Mr. Eaton amount to a stipulation that the United States +should place Hamet Caramalli on the throne of Tripoli--a stipulation so +entirely unauthorized, so far beyond our views, and so onerous could not +be sanctioned by our Government--or should Hamet Caramalli, contrary +to the evidence of his letters of January 3 and June 29, be thought to +have left the position which he now seems to regret, under a mistaken +expectation that we were at all events to place him on his throne, on +an appeal to the liberality of the nation something equivalent to the +replacing him in his former situation might be worthy its consideration. + +A nation by establishing a character of liberality and magnanimity gains +in the friendship and respect of others more than the worth of mere +money. This appeal is now made by Hamet Caramalli to the United States. +The ground he has taken being different not only from our views but from +those expressed by himself on former occasions, Mr. Eaton was desired to +state whether any verbal communications passed from him to Hamet which +had varied what we saw in writing. His answer of December 5 is herewith +transmitted, and has rendered it still more necessary that in presenting +to the Legislature the application of Hamet I should present them at +the same time an exact statement of the views and proceedings of the +Executive through this whole business, that they may clearly understand +the ground on which we are placed. It is accompanied by all the papers +which bear any relation to the principles of the cooperation, and which +can inform their judgment in deciding on the application of Hamet +Caramalli. + +TH. JEFFERSON. + + + +JANUARY 15, 1806. + +_To the Senate and House of Representatives of the United States_: + +I now render to Congress an account of the grant of $20,000 for the +contingent charges of Government by an act making appropriations for the +support of Government for the year 1805. Of that sum $1,987.50 have been +necessarily applied to the support of the Territorial governments of +Michigan and Louisiana until an opportunity could occur of making a +specific appropriation for that purpose. The balance of $18,012.50 +remains in the Treasury. + +TH. JEFFERSON. + + + +JANUARY 17, 1806. + +_To the Senate and House of Representatives of the United States_: + +In my message to both Houses of Congress at the opening of their present +session I submitted to their attention, among other subjects, the +oppression of our commerce and navigation by the irregular practices +of armed vessels, public and private, and by the introduction of new +principles derogatory of the rights of neutrals and unacknowledged by +the usage of nations. + +The memorials of several bodies of merchants of the United States are +now communicated, and will develop these principles and practices which +are producing the most ruinous effects on our lawful commerce and +navigation. + +The rights of a neutral to carry on commercial intercourse with every +part of the dominions of a belligerent permitted by the laws of the +country (with the exception of blockaded ports and contraband of war) +was believed to have been decided between Great Britain and the United +States by the sentence of their commissioners mutually appointed +to decide on that and other questions of difference between the two +nations, and by the actual payment of the damages awarded by them +against Great Britain for the infractions of that right. When, +therefore, it was perceived that the same principle was revived with +others more novel and extending the injury, instructions were given +to the minister plenipotentiary of the United States at the Court of +London, and remonstrances duly made by him on this subject, as will +appear by documents transmitted herewith. These were followed by a +partial and temporary suspension only, without any disavowal of the +principle. He has therefore been instructed to urge this subject anew, +to bring it more fully to the bar of reason, and to insist on rights too +evident and too important to be surrendered. In the meantime the evil is +proceeding under adjudications founded on the principle which is denied. +Under these circumstances the subject presents itself for the +consideration of Congress. + +On the impressment of our seamen our remonstrances have never been +intermitted. A hope existed at one moment of an arrangement which might +have been submitted to, but it soon passed away, and the practice, +though relaxed at times in the distant seas, has been constantly pursued +in those in our neighborhood. The grounds on which the reclamations on +this subject have been urged will appear in an extract from instructions +to our minister at London now communicated. + +TH. JEFFERSON. + + + +JANUARY 17, 1806 + +_To the Senate and House of Representatives of the United States_: + +The inclosed letter from the minister plenipotentiary of the United +States at the Court of London contains interesting information on +the subjects of my other message of this date. It is sent separately +and confidentially because its publication may discourage frank +communications between our ministers generally and the Governments +with which they reside, and especially between the same ministers. + +TH. JEFFERSON. + + + +JANUARY 24, 1806. + +_To the Senate of the United States_: + +A convention has been entered into between the United States and the +Cherokee Nation for the extinguishment of the rights of the latter, and +of some unsettled claims in the country north of the river Tennessee, +therein described. This convention is now laid before the Senate for +their advice and consent as to its ratification. + +TH. JEFFERSON. + + + +JANUARY 27, 1806. + +_To the Senate of the United States_: + +According to the desire of the Senate expressed in their resolution of +the 10th instant, I now communicate to them a report of the Secretary of +State, with its documents, stating certain new principles attempted to +be introduced on the subject of neutral rights, injurious to the rights +and interests of the United States. These, with my message to both +Houses of the 17th instant and the documents accompanying it, fulfill +the desires of the Senate as far as it can be done by any information +in my possession which is authentic and not publicly known. + +TH. JEFFERSON. + + + +JANUARY 29, 1806. + +_To the Senate and House of Representatives of the United States_: + +Having received from sundry merchants at Baltimore a memorial on the +same subject with those I communicated to Congress with my message of +the 17th instant, I now communicate this also as a proper sequel to the +former, and as making a part of the mass of evidence of the violations +of our rights on the ocean. + +TH. JEFFERSON. + + + +FEBRUARY 3, 1806. + +_To the Senate and House of Representatives of the United States_: + +A letter has been received from the governor of South Carolina covering +an act of the legislature of that State ceding to the United States +various forts and fortifications and sites for the erection of forts in +that State on the conditions therein expressed. This letter and the act +it covered are now communicated to Congress. + +I am not informed whether the positions ceded are the best which +can be taken for securing their respective objects. No doubt is +entertained that the legislature deemed them such. The river of Beaufort, +particularly, said to be accessible to ships of very large size and +capable of yielding them a protection which they can not find elsewhere +but very far to the north, is from these circumstances so interesting to +the Union in general as to merit particular attention and inquiry as to +the positions on it best calculated for health as well as safety. + +TH. JEFFERSON. + + + +FEBRUARY 3, 1806. + +_To the Senate and House of Representatives of the United States_: + +In the course of the last year the following treaties and conventions +for the extinguishment of Indian title to lands within our limits were +entered into on behalf of the United States: + +A treaty between the United States and the Wyandot, Ottawa, Chippeway, +Munsee and Delaware, Shawanee and Pottawatamy nations of Indians. + +A treaty between the United States and the agents of the Connecticut +Land Company on one part and the Wyandot and Ottawa, Chippeway, Munsey +and Delaware, Shawanee and Pottawatamy nations of Indians. + +A treaty between the United States and the Delawares, Pottawatamies, +Miamis, Eel-rivers, and Weas. + +A treaty between the United States and the Chickasaw Nation of Indians. + +Two treaties between the United States and the Cherokee Indians. + +A convention between the United States and the Creek Nation of Indians. + +The Senate having advised and consented to the ratification of these +several treaties and conventions, I now lay them before both Houses of +Congress for the exercise of their constitutional powers as to the means +of fulfilling them. + +TH. JEFFERSON. + + + +FEBRUARY 6, 1806. + +_To the Senate and House of Representatives of the United States_: + +Since the date of my message of January 17 a letter of the 26th of +November has been received from the minister plenipotentiary of the +United States at London, covering one from the secretary for foreign +affairs of that Government, which, being on the subject of that message, +is now transmitted for the information of Congress. Although nothing +forbids the substance of these letters from being communicated without +reserve, yet so many ill effects proceed from the publications of +correspondences between ministers remaining still in office that I can +not but recommend that these letters be not permitted to be formally +published. + +TH; JEFFERSON. + + + +FEBRUARY 19, 1806. + +_To the Senate and House of Representatives of the United States_: + +In pursuance of a measure proposed to Congress by a message of January +18, 1803, and sanctioned by their approbation for carrying it into +execution, Captain Meriwether Lewis, of the First Regiment of infantry, +was appointed, with a party of men, to explore the river Missouri from +its mouth to its source, and, crossing the highlands by the shortest +portage, to seek the best water communication thence to the Pacific +Ocean; and Lieutenant Clarke was appointed second in command. They were +to enter into conference with the Indian nations on their route with +a view to the establishment of commerce with them. They entered the +Missouri May 14, 1804, and on the 1st of November took up their winter +quarters near the Mandan towns, 1,609 miles above the mouth of the +river, in latitude 47 deg. 21' 47" north and longitude 99 deg. 24' 45" west from +Greenwich. On the 8th of April, 1805, they proceeded up the river in +pursuance of the objects prescribed to them. A letter of the preceding +day, April 7th, from Captain Lewis is herewith communicated. During +his stay among the Mandans he had been able to lay down the Missouri +according to courses and distances taken on his passage up it, corrected +by frequent observations of longitude and latitude, and to add to the +actual survey of this portion of the river a general map of the country +between the Mississippi and Pacific from the thirty-fourth to the +fifty-fourth degree of latitude. These additions are from information +collected from Indians with whom he had opportunities of communicating +during his journey and residence with them. Copies of this map are now +presented to both Houses of Congress. With these I communicate also a +statistical view, procured and forwarded by him, of the Indian nations +inhabiting the Territory of Louisiana and the countries adjacent to +its northern and western borders, of their commerce, and of other +interesting circumstances respecting them. + +In order to render the statement as complete as may be of the Indians +inhabiting the country west of the Mississippi, I add Dr. Sibley's +account of those residing in and adjacent to the Territory of Orleans. + +I communicate also, from the same person, an account of the Red River, +according to the best information he had been able to collect. + +Having been disappointed, after considerable preparation, in the purpose +of sending an exploring party up that river in the summer of 1804, it +was thought best to employ the autumn of that year in procuring a +knowledge of an interesting branch of the river called the Washita. + +This was undertaken under the direction of Mr. Dunbar, of Natchez, a +citizen of distinguished science, who had aided and continues to aid +us with his disinterested and valuable services in the prosecution of +these enterprises. He ascended the river to the remarkable hot springs +near it, in latitude 34 deg. 31' 4.16", longitude 92 deg. 50' 45" west from +Greenwich, taking its courses and distances, and correcting them by +frequent celestial observations. Extracts from his observations and +copies of his map of the river from its mouth to the hot springs make +part of the present communications. The examination of the Red River +itself is but now commencing. + +TH. JEFFERSON. + + + +MARCH 5, 1806. + +_To the Senate of the United States_: + +According to the request of the Senate expressed in their resolution of +3d instant, I now transmit the extract of a letter from the Secretary of +State to the minister plenipotentiary of the United States at Paris, the +answer to that letter, and two letters from Henry Waddell, a citizen of +the United States, relative to the interference of the said minister +in the case of the ship _New Jersey_ and to the principles alleged to +have been laid down on that occasion. + +There are in the office of the Department of State several printed +documents in this case by the agent of those interested in the ship, +which are voluminous and in French. If these be within the scope of the +request of the Senate, the printed copies can be sent in immediately, +but if translations be necessary some considerable time will be +requisite for their execution. On this subject any further desire which +the Senate shall think proper to express shall be complied with. + +TH. JEFFERSON. + + + +MARCH 7, 1806. + +_To the Senate of the United States_: + +According to the request of the Senate of yesterday, I now transmit +the five printed memorials of the agent for the ship _New Jersey_, in +the one of which marked B, at the ninth page, will be found the letter +relative to it from the minister plenipotentiary of the United States +at Paris to the French minister of the treasury, supposed to be the one +designated in the resolution. We have no information of this letter but +through the channel of the party interested in the ship, nor any proof +of it more authentic than that now communicated. + +TH. JEFFERSON. + + + +MARCH 19, 1806. + +_To the Senate and House of Representatives of the United States_: + +It was reasonably expected that while the limits between the territories +of the United States and of Spain were unsettled neither party would +have innovated on the existing state of their respective positions. +Some time since, however, we learnt that the Spanish authorities were +advancing into the disputed country to occupy new posts and make new +settlements. Unwilling to take any measures which might preclude a +peaceable accommodation of differences, the officers of the United +States were ordered to confine themselves within the country on this +side of the Sabine River which, by delivery of its principal post, +Natchitoches, was understood to have been itself delivered up by Spain, +and at the same time to permit no adverse post to be taken nor armed +men to remain within it. In consequence of these orders the commanding +officer of Natchitoches, learning that a party of Spanish troops had +crossed the Sabine River and were posting themselves on this side the +Adais, sent a detachment of his force to require them to withdraw to +the other side of the Sabine, which they accordingly did. + +I have thought it proper to communicate to Congress the letter detailing +this incident, that they may fully understand the state of things in +that quarter and be enabled to make such provision for its security as, +in their wisdom, they shall deem sufficient. + +TH. JEFFERSON. + + + +APRIL 11, 1806. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the militia of the United +States according to the returns last received from the several States +and Territories. It will be perceived that some of these are not of +recent dates, and that from the States of Maryland and Delaware no +returns are stated. As far as appears from our records, none were ever +rendered from either of these States. From the Territories of Orleans, +Louisiana, and Michigan complete returns have not yet been received. + +TH. JEFFERSON. + + + +APRIL 14, 1806. + +_To the Senate and House of Representatives of the United States_: + +During the blockade of Tripoli by the squadron of the United States +a small cruiser, under the flag of Tunis, with two prizes, all of +trifling value, attempted to enter Tripoli; was turned back, warned, +and, attempting again to enter, was taken and detained as prize by the +squadron. Her restitution was claimed by the Bey of Tunis with a threat +of war in terms so serious that on withdrawing from the blockade of +Tripoli the commanding officer of the squadron thought it his duty +to repair to Tunis with his squadron and to require a categorical +declaration whether peace or war was intended. The Bey preferred +explaining himself by an ambassador to the United States, who on his +arrival renewed the request that the vessel and her prizes should be +restored. It was deemed proper to give this proof of friendship to the +Bey, and the ambassador was informed the vessels would be restored. +Afterwards he made a requisition of naval stores to be sent to the Bey, +in order to secure a peace for the term of three years, with a threat +of war if refused. It has been refused, and the ambassador is about to +depart without receding from his threat or demand. + +Under these circumstances, and considering that the several provisions +of the act of March 25, 1804, will cease in consequence of the +ratification of the treaty of peace with Tripoli, now advised and +consented to by the Senate, I have thought it my duty to communicate +these facts, in order that Congress may consider the expediency of +continuing the same provisions for a limited time or making others +equivalent. + +TH. JEFFERSON. + + + +APRIL 15, 1806. + +_To the Senate and House of Representatives of the United States_: + +The Senate having advised and consented to the ratification of a treaty +concluded with the Piankeshaw Indians for extinguishing their claim to +the country between the Wabash and Kaskaskia cessions, it is now laid +before both Houses for the exercise of their constitutional powers as +to the means of fulfilling it on our part. + +TH. JEFFERSON. + + + +APRIL 17, 1806. + +_To the Senate and House of Representatives of the United States_: + +The Senate having advised and consented to the ratification of a +convention between the United States and the Cherokee Indians, concluded +at Washington on the 7th day of January last, for the cession of their +right to the tract of country therein described, it is now laid before +both Houses of Congress for the exercise of their constitutional powers +toward the fulfillment thereof. + +TH. JEFFERSON. + + + +APRIL 18, 1806. + +_To the Senate of the United States_: + +In compliance with the request of the Senate of yesterday's date, I now +communicate the entire correspondence between the ambassador of Tunis +and the Secretary of State, from which the Senate will see that the +first application by the ambassador for restitution of the vessels taken +in violation of blockade having been yielded to, the only remaining +cause of difference brought forward by him is the requisition of a +present of naval stores to secure a peace for three years, after which +the inference is obvious that a renewal of the presents is to be +expected to renew the prolongation of peace for another term. But this +demand has been pressed in verbal conferences much more explicitly and +pertinaciously than appears in the written correspondence. To save the +delay of copying, some originals are inclosed, with a request that they +be returned. + +TH. JEFFERSON. + + + +APRIL 19, 1806. + +_To the Senate of the United States_: + +I nominate James Monroe, now minister plenipotentiary of the United +States at the Court of London, and William Pinkney, of Maryland, to be +commissioners plenipotentiary and extraordinary for settling all matters +of difference between the United States and the United Kingdoms of Great +Britain and Ireland relative to wrongs committed between the parties on +the high seas or other waters, and for establishing the principles of +navigation and commerce between them. + +James Houston, of Maryland, to be judge of the court of the United +States for the district of Maryland. + +Willis W. Parker, of Virginia, to be collector of the district and +inspector of the revenue for the port of South Quay. + +TH. JEFFERSON. + + + + +PROCLAMATIONS. + + +[From Annals of Congress, Ninth Congress, second session, 685.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas satisfactory information has been received that Henry Whitby, +commanding a British armed vessel called the _Leander_, did on the +25th day of the month of April last, within the waters and jurisdiction +of the United States, and near to the entrance of the harbor of New +York, by a cannon shot fired from the said vessel _Leander_, commit +a murder on the body of John Pierce, a citizen of the United States, +then pursuing his lawful vocation within the same waters and +jurisdiction of the United States and near to their shores; and that +the said Henry Whitby can not at this time be brought to justice by +the ordinary process of law; and + +Whereas it does further appear that both before and after the said day +sundry trespasses, wrongs, and unlawful interruptions and vexations on +trading vessels coming to the United States, and within their waters and +vicinity, were committed by the said armed vessel the _Leander_, her +officers and people; by one other armed vessel called the _Cambrian_, +commanded by John Nairne, her officers and people; and by one other +armed vessel called the _Driver_, commanded by Slingsby Simpson, her +officers and people; which vessels, being all of the same nation, were +aiding and assisting each other in the trespasses, interruptions, and +vexations aforesaid: + +Now, therefore, to the end that the said Henry Whitby may be brought to +justice and due punishment inflicted for the said murder, I do hereby +especially enjoin and require all officers having authority, civil or +military, and all other persons within the limits or jurisdiction of the +United States, wheresoever the said Henry Whitby may be found, now or +hereafter, to apprehend and secure the said Henry Whitby, and him safely +and diligently to deliver to the civil authority of the place, to be +proceeded against according to law. + +And I do hereby further require that the said armed vessel the +_Leander_, with her officers and people, and the said armed vessels the +_Cambrian_ and _Driver_, their officers and people, immediately and +without any delay depart from the harbors and wraters of the United +States. And I do forever interdict the entrance of all other vessels +which shall be commanded by the said Henry Whitby, John Nairne, and +Slingsby Simpson, or either of them. + +And if the said vessels, or any of them, shall fail to depart as +aforesaid, or shall reenter the harbors or waters aforesaid, I do +in that case forbid all intercourse with the said armed vessels the +_Leander_, the _Cambrian_, and the _Driver_, or with any of them, and +the officers and crews thereof, and do prohibit all supplies and aid +from being furnished them, or any of them. And I do declare and make +known that if any person from or within the jurisdictional limits of the +United States shall afford any aid to either of the said armed vessels +contrary to the prohibition contained in this proclamation, either in +repairing such vessel or in furnishing her, her officers or crew, with +supplies of any kind or in any manner whatever; or if any pilot shall +assist in navigating any of the said armed vessels, unless it be for +the purpose of carrying them in the first instance beyond the limits +and jurisdiction of the United States, such person or persons shall on +conviction suffer all the pains and penalties by the laws provided for +such offenses. And I do hereby enjoin and require all persons bearing +office, civil or military, within the United States, and all others +citizens or inhabitants thereof, or being within the same, with +vigilance and promptitude to exert their respective authorities and +to be aiding and assisting to the carrying this proclamation and every +part thereof into full effect. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to be +affixed to these presents, and signed the same with my hand. + +Given at the city of Washington, the 3d day of May, A.D. 1806, and of +the Sovereignty and Independence of the United States the thirtieth. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + +[From Annals of Congress, Ninth Congress, second session, 686.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas information has been received that sundry persons, citizens of +the United States or residents within the same, are conspiring and +confederating together to begin and set on foot, provide, and prepare +the means for a military expedition or enterprise against the dominions +of Spain; that for this purpose they are fitting out and arming vessels +in the western waters of the United States, collecting provisions, +arms, military stores, and means; are deceiving and seducing honest +and well-meaning citizens, under various pretenses, to engage in their +criminal enterprises; are organizing, officering, and arming themselves +for the same, contrary to the laws in such cases made and provided: + +I have therefore thought proper to issue this my proclamation, warning +and enjoining all faithful citizens who have been led without due +knowledge or consideration to participate in the said unlawful +enterprises to withdraw from the same without delay, and commanding all +persons whatsoever engaged or concerned in the same to cease all further +proceedings therein, as they will answer the contrary at their peril and +incur prosecution with all the rigors of the law. And I hereby enjoin +and require all officers, civil and military, of the United States, or +of any of the States or Territories, and especially all governors and +other executive authorities, all judges, justices, and other officers +of the peace, all military officers of the Army or Navy of the United +States, or officers of the militia, to be vigilant, each within his +respective department and according to his functions, in searching out +and bringing to condign punishment all persons engaged or concerned in +such enterprise, in seizing and detaining, subject to the disposition of +the law, all vessels, arms, military stores, or other means provided or +providing for the same, and, in general, in preventing the carrying on +such expedition or enterprise by all lawful means within their power; +and I require all good and faithful citizens and others within the +United States to be aiding and assisting herein, and especially in the +discovery, apprehension, and bringing to justice of all such offenders, +in preventing the execution of their unlawful designs, and in giving +information against them to the proper authorities. + +In testimony whereof I have caused the seal of the United States to +be affixed to these presents, and have signed the same with my hand. + +[SEAL.] + +Given at the city of Washington on the 27th day of November, 1806, and +in the year of the Sovereignty of the United States the thirty-first. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + + +SIXTH ANNUAL MESSAGE. + + +DECEMBER 2, 1806. + +_To the Senate and House of Representatives of the United States of +America in Congress assembled_: + +It would have given me, fellow-citizens, great satisfaction to announce +in the moment of your meeting that the difficulties in our foreign +relations existing at the time of your last separation had been amicably +and justly terminated. I lost no time in taking those measures which +were most likely to bring them to such a termination--by special +missions charged with such powers and instructions as in the event +of failure could leave no imputation on either our moderation or +forbearance. The delays which have since taken place in our negotiations +with the British Government appear to have proceeded from causes which +do not forbid the expectation that during the course of the session I +may be enabled to lay before you their final issue. What will be that of +the negotiations for settling our differences with Spain nothing which +had taken place at the date of the last dispatches enables us to +pronounce. On the western side of the Mississippi she advanced in +considerable force, and took post at the settlement of Bayou Pierre, on +the Red River. This village was originally settled by France, was held +by her as long as she held Louisiana, and was delivered to Spain only +as a part of Louisiana. Being small, insulated, and distant, it was not +observed at the moment of redelivery to France and the United States +that she continued a guard of half a dozen men which had been stationed +there. A proposition, however, having been lately made by our commander +in chief to assume the Sabine River as a temporary line of separation +between the troops of the two nations until the issue of our +negotiations shall be known, this has been referred by the Spanish +commandant to his superior, and in the meantime he has withdrawn his +force to the western side of the Sabine River. The correspondence on +this subject now communicated will exhibit more particularly the present +state of things in that quarter. + +The nature of that country requires indispensably that an unusual +proportion of the force employed there should be cavalry or mounted +infantry. In order, therefore, that the commanding officer might be +enabled to act with effect, I had authorized him to call on the +governors of Orleans and Mississippi for a corps of 500 volunteer +cavalry. The temporary arrangement he has proposed may perhaps render +this unnecessary; but I inform you with great pleasure of the +promptitude with which the inhabitants of those Territories have +tendered their services in defense of their country. It has done honor +to themselves, entitled them to the confidence of their fellow-citizens +in every part of the Union, and must strengthen the general +determination to protect them efficaciously under all circumstances +which may occur. + +Having received information that in another part of the United States +a great number of private individuals were combining together, arming +and organizing themselves contrary to law, to carry on a military +expedition against the territories of Spain, I thought it necessary, +by proclamation as well as by special orders, to take measures for +preventing and suppressing this enterprise, for seizing the vessels, +arms, and other means provided for it, and for arresting and bringing +to justice its authors and abettors. It was due to that good faith +which ought ever to be the rule of action in public as well as in +private transactions, it was due to good order and regular government, +that while the public force was acting strictly on the defensive and +merely to protect our citizens from aggression the criminal attempts +of private individuals to decide for their country the question of +peace or war by commencing active and unauthorized hostilities should +be promptly and efficaciously suppressed. + +Whether it will be necessary to enlarge our regular force will depend on +the result of our negotiations with Spain; but as it is uncertain when +that result will be known, the provisional measures requisite for that, +and to meet any pressure intervening in that quarter, will be a subject +for your early consideration. + +The possession of both banks of the Mississippi reducing to a single +point the defense of that river, its waters, and the country adjacent, +it becomes highly necessary to provide for that point a more adequate +security. Some position above its mouth, commanding the passage of the +river, should be rendered sufficiently strong to cover the armed vessels +which may be stationed there for defense, and in conjunction with them +to present an insuperable obstacle to any force attempting to pass. The +approaches to the city of New Orleans from the eastern quarter also will +require to be examined and more effectually guarded. For the internal +support of the country the encouragement of a strong settlement on the +western side of the Mississippi, within reach of New Orleans, will be +worthy the consideration of the Legislature. + +The gunboats authorized by an act of the last session are so advanced +that they will be ready for service in the ensuing spring. Circumstances +permitted us to allow the time necessary for their more solid +construction. As a much larger number will still be wanting to place +our seaport towns and waters in that state of defense to which we are +competent and they entitled, a similar appropriation for a further +provision for them is recommended for the ensuing year. + +A further appropriation will also be necessary for repairing +fortifications already established and the erection of such other works +as may have real effect in obstructing the approach of an enemy to our +seaport towns, or their remaining before them. + +In a country whose constitution is derived from the will of the people, +directly expressed by their free suffrages; where the principal +executive functionaries and those of the legislature are renewed by them +at short periods; where under the character of jurors they exercise in +person the greatest portion of the judiciary powers; where the laws are +consequently so formed and administered as to bear with equal weight and +favor on all, restraining no man in the pursuits of honest industry and +securing to everyone the property which that acquires, it would not be +supposed that any safeguards could be needed against insurrection or +enterprise on the public peace or authority. The lawrs, however, aware +that these should not be trusted to moral restraints only, have wisely +provided punishment for these crimes when committed. But would it not be +salutary to give also the means of preventing their commission? Where an +enterprise is meditated by private individuals against a foreign nation +in amity with the United States, powers of prevention to a certain +extent are given by the laws. Would they not be as reasonable and useful +where the enterprise preparing is against the United States? While +adverting to this branch of law it is proper to observe that in +enterprises meditated against foreign nations the ordinary process of +binding to the observance of the peace and good behavior, could it +be extended to acts to be done out of the jurisdiction of the United +States, would be effectual in some cases where the offender is able to +keep out of sight every indication of his purpose which could draw on +him the exercise of the powers now given by law. + +The States on the coast of Barbary seem generally disposed at present +to respect our peace and friendship; with Tunis alone some uncertainty +remains. Persuaded that it is our interest to maintain our peace with +them on equal terms or not at all, I propose to send in due time a +reen-forcement into the Mediterranean unless previous information shall +shew it to be unnecessary. + +We continue to receive proofs of the growing attachment of our Indian +neighbors and of their disposition to place all their interests under +the patronage of the United States. These dispositions are inspired by +their confidence in our justice and in the sincere concern we feel for +their welfare; and as long as we discharge these high and honorable +functions with the integrity and good faith which alone can entitle us +to their continuance we may expect to reap the just reward in their +peace and friendship. + +The expedition of Messrs. Lewis and Clarke for exploring the river +Missouri and the best communication from that to the Pacific Ocean has +had all the success which could have been expected. They have traced the +Missouri nearly to its source, descended the Columbia to the Pacific +Ocean; ascertained with accuracy the geography of that interesting +communication across our continent, learnt the character of the country, +of its commerce and inhabitants; and it is but justice to say that +Messrs. Lewis and Clarke and their brave companions have by this arduous +service deserved well of their country. + +The attempt to explore the Red River, under the direction of Mr. +Freeman, though conducted with a zeal and prudence meriting entire +approbation, has not been equally successful. After proceeding up it +about 600 miles, nearly as far as the French settlements had extended +while the country was in their possession, our geographers were obliged +to return without completing their work. + +Very useful additions have also been made to our knowledge of the +Mississippi by Lieutenant Pike, who has ascended it to its source, and +whose journal and map, giving the details of his journey, will shortly +be ready for communication to both Houses of Congress. Those of Messrs. +Lewis, Clarke, and Freeman will require further time to be digested +and prepared. These important surveys, in addition to those before +possessed, furnish materials for commencing an accurate map of the +Mississippi and its western waters. Some principal rivers, however, +remain still to be explored, toward which the authorization of Congress +by moderate appropriations will be requisite. + +I congratulate you, fellow-citizens, on the approach of the period at +which you may interpose your authority constitutionally to withdraw +the citizens of the United States from all further participation in +those violations of human rights which have been so long continued on +the unoffending inhabitants of Africa, and which the morality, the +reputation, and the best interests of our country have long been eager +to proscribe. Although no law you may pass can take prohibitory effect +till the first day of the year 1808, yet the intervening period is +not too long to prevent by timely notice expeditions which can not +be completed before that day. + +The receipts at the Treasury during the year ending on the 30th day of +September last have amounted to near $15,000,000, which have enabled us, +after meeting the current demands, to pay $2,700,000 of the American +claims in part of the price of Louisiana; to pay of the funded debt +upward of three millions of principal and nearly four of interest, and, +in addition, to reimburse in the course of the present month near two +millions of 5-1/2 per cent stock. These payments and reimbursements of +the funded debt, with those which had been made in the four years and a +half preceding, will at the close of the present year have extinguished +upward of twenty-three millions of principal. + +The duties composing the Mediterranean fund will cease by law at the +end of the present session. Considering, however, that they are levied +chiefly on luxuries and that we have an impost on salt, a necessary +of life, the free use of which otherwise is so important, I recommend +to your consideration the suppression of the duties on salt and the +continuation of the Mediterranean fund instead thereof for a short time, +after which that also will become unnecessary for any purpose now within +contemplation. + +When both of these branches of revenue shall in this way be relinquished +there will still ere long be an accumulation of moneys in the Treasury +beyond the installments of public debt which we are permitted by +contract to pay. They can not then, without a modification assented to +by the public creditors, be applied to the extinguishment of this debt +and the complete liberation of our revenues, the most desirable of all +objects. Nor, if our peace continues, will they be wanting for any other +existing purpose. The question therefore now comes forward, To what +other objects shall these surpluses be appropriated, and the whole +surplus of impost, after the entire discharge of the public debt, and +during those intervals when the purposes of war shall not call for them? +Shall we suppress the impost and give that advantage to foreign over +domestic manufactures? On a few articles of more general and necessary +use the suppression in due season will doubtless be right, but the great +mass of the articles on which impost is paid are foreign luxuries, +purchased by those only who are rich enough to afford themselves the +use of them. Their patriotism would certainly prefer its continuance +and application to the great purposes of the public education, roads, +rivers, canals, and such other objects of public improvement as it may +be thought proper to add to the constitutional enumeration of Federal +powers. By these operations new channels of communication will be opened +between the States, the lines of separation will disappear, their +interests will be identified, and their union cemented by new and +indissoluble ties. Education is here placed among the articles of public +care, not that it would be proposed to take its ordinary branches out +of the hands of private enterprise, which manages so much better all +the concerns to which it is equal, but a public institution can alone +supply those sciences which though rarely called for are yet necessary +to complete the circle, all the parts of which contribute to the +improvement of the country and some of them to its preservation. The +subject is now proposed for the consideration of Congress, because if +approved by the time the State legislatures shall have deliberated on +this extension of the Federal trusts, and the laws shall be passed and +other arrangements made for their execution, the necessary funds will +be on hand and without employment. I suppose an amendment to the +Constitution, by consent of the States, necessary, because the objects +now recommended are not among those enumerated in the Constitution, and +to which it permits the public moneys to be applied. + +The present consideration of a national establishment for education +particularly is rendered proper by this circumstance also, that if +Congress, approving the proposition, shall yet think it more eligible +to found it on a donation of lands, they have it now in their power to +endow it with those which will be among the earliest to produce the +necessary income. This foundation would have the advantage of being +independent of war, which may suspend other improvements by requiring +for its own purposes the resources destined for them. + +This, fellow-citizens, is the state of the public interests at the +present moment and according to the information now possessed. But such +is the situation of the nations of Europe and such, too, the predicament +in which we stand with some of them that we can not rely with certainty +on the present aspect of our affairs, that may change from moment +to moment during the course of your session or after you shall have +separated. Our duty is, therefore, to act upon things as they are and +to make a reasonable provision for whatever they may be. Were armies to +be raised whenever a speck of war is visible in our horizon, we never +should have been without them. Our resources would have been exhausted +on dangers which have never happened, instead of being reserved for +what is really to take place. A steady, perhaps a quickened, pace in +preparations for the defense of our seaport towns and waters; an early +settlement of the most exposed and vulnerable parts of our country; a +militia so organized that its effective portions can be called to any +point in the Union, or volunteers instead of them to serve a sufficient +time, are means which may always be ready, yet never preying on our +resources until actually called into use. They will maintain the +public interests while a more permanent force shall be in course of +preparation. But much will depend on the promptitude with which these +means can be brought into activity. If war be forced upon us, in spite +of our long and vain appeals to the justice of nations, rapid and +vigorous movements in its outset will go far toward securing us in its +course and issue, and toward throwing its burthens on those who render +necessary the resort from reason to force. + +The result of our negotiations, or such incidents in their course as may +enable us to infer their probable issue; such further movements also +on our western frontiers as may shew whether war is to be pressed there +while negotiation is protracted elsewhere, shall be communicated to +you from time to time as they become known to me, with whatever other +information I possess or may receive, which may aid your deliberations +on the great national interests committed to your charge. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 3, 1806. + +_To the Senate and House of Representatives of the United States_: + +I have the satisfaction to inform you that the negotiation depending +between the United States and the Government of Great Britain is +proceeding in a spirit of friendship and accommodation which promises a +result of mutual advantage. Delays, indeed, have taken place, occasioned +by the long illness and subsequent death of the British minister charged +with that duty. But the commissioners appointed by that Government +to resume the negotiation have shewn every disposition to hasten its +progress. It is, however, a work of time, as many arrangements are +necessary to place our future harmony on stable grounds. In the meantime +we find by the communications of our plenipotentiaries that a temporary +suspension of the act of the last session prohibiting certain +importations would, as a mark of candid disposition on our part and of +confidence in the temper and views with which they have been met, have +a happy effect on its course. A step so friendly will afford further +evidence that all our proceedings have flowed from views of justice and +conciliation, and that we give them willingly that form which may best +meet corresponding dispositions. + +Add to this that the same motives which produced the postponement of +the act till the 15th of November last are in favor of its further +suspension, and as we have reason to hope that it may soon yield to +arrangements of mutual consent and convenience, justice seems to require +that the same measure may be dealt out to the few cases which may fall +within its short course as to all others preceding and following it. +I can not, therefore, but recommend the suspension of this act for a +reasonable time, on considerations of justice, amity, and the public +interests. + +TH. JEFFERSON. + + + +DECEMBER 15, 1806, + +_To the House of Representatives of the United States_: + +I lay before Congress a report of the surveyor of the public buildings, +stating the progress made on them during the last season and what is +proposed for the ensuing one. + +I took every measure within my power for carrying into effect the +request of the House of Representatives of the 17th of April last +to cause the south wing of the Capitol to be prepared for their +accommodation by the commencement of the present session. With great +regret I found it was not to be accomplished. The quantity of freestone +necessary, with the size and quality of many of the blocks, was +represented as beyond what could be obtained from the quarries by any +exertions which could be commanded. The other parts of the work, which +might all have been completed in time, were necessarily retarded by the +insufficient progress of the stonework. + +TH. JEFFERSON. + + + +JANUARY 5, 1807. + +_To the Senate and House of Representatives of the United States_: + +I transmit to each House of Congress a copy of the laws of the Territory +of Michigan passed by the governor and judges of the Territory during +the year 1805. + +TH. JEFFERSON. + + + +JANUARY 22, 1807. + +_To the Senate and House of Representatives of the United States_: + +Agreeably to the request of the House of Representatives communicated +in their resolution of the 16th instant, I proceed to state, under the +reserve therein expressed, information received touching an illegal +combination of private individuals against the peace and safety of the +Union, and a military expedition planned by them against the territories +of a power in amity with the United States, with the measures I have +pursued for suppressing the same. + +I had for some time been in the constant expectation of receiving +such further information as would have enabled me to lay before the +Legislature the termination as well as the beginning and progress of +this scene of depravity so far as it has been acted on the Ohio and its +waters. From this the state of safety of the lower country might have +been estimated on probable grounds, and the delay was indulged the +rather because no circumstance had yet made it necessary to call in the +aid of the legislative functions. Information now recently communicated +has brought us nearly to the period contemplated. The mass of what I +have received in the course of these transactions is voluminous, but +little has been given under the sanction of an oath so as to constitute +formal and legal evidence. It is chiefly in the form of letters, often +containing such a mixture of rumors, conjectures, and suspicions +as renders it difficult to sift out the real facts and unadvisable +to hazard more than general outlines, strengthened by concurrent +information or the particular credibility of the relator. In this state +of the evidence, delivered sometimes, too, under the restriction of +private confidence, neither safety nor justice will permit the exposing +names, except that of the principal actor, whose guilt is placed beyond +question. + +Some time in the latter part of September I received intimations that +designs were in agitation in the Western country unlawful and unfriendly +to the peace of the Union, and that the prime mover in these was Aaron +Burr, heretofore distinguished by the favor of his country. The grounds +of these intimations being inconclusive, the objects uncertain, and the +fidelity of that country known to be firm, the only measure taken was to +urge the informants to use their best endeavors to get further insight +into the designs and proceedings of the suspected persons and to +communicate them to me. + +It was not till the latter part of October that the objects of the +conspiracy began to be perceived, but still so blended and involved in +mystery that nothing distinct could be singled out for pursuit. In this +state of uncertainty as to the crime contemplated, the acts done, and +the legal course to be pursued, I thought it best to send to the scene +where these things were principally in transaction a person in whose +integrity, understanding, and discretion entire confidence could be +reposed, with instructions to investigate the plots going on, to enter +into conference (for which he had sufficient credentials) with the +governors and all other officers, civil and military, and with their +aid to do on the spot whatever should be necessary to discover the +designs of the conspirators, arrest their means, bring their persons +to punishment, and to call out the force of the country to suppress any +unlawful enterprise in which it should be found they were engaged. +By this time it was known that many boats were under preparation, +stores of provisions collecting, and an unusual number of suspicious +characters in motion on the Ohio and its waters. Besides dispatching +the confidential agent to that quarter, orders were at the same time +sent to the governors of the Orleans and Mississippi Territories and +to the commanders of the land and naval forces there to be on their +guard against surprise and in constant readiness to resist any enterprise +which might be attempted on the vessels, posts, or other objects under +their care; and on the 8th of November instructions were forwarded to +General Wilkinson to hasten an accommodation with the Spanish commandant +on the Sabine, and as soon as that was effected to fall back with his +principal force to the hither bank of the Mississippi for the defense +of the interesting points on that river. By a letter received from +that officer on the 25th of November, but dated October 21, we learnt +that a confidential agent of Aaron Burr had been deputed to him with +communications, partly written in cipher and partly oral, explaining his +designs, exaggerating his resources, and making such offers of emolument +and command to engage him and the army in his unlawful enterprise as he +had flattered himself would be successful. The General, with the honor +of a soldier and fidelity of a good citizen, immediately dispatched a +trusty officer to me with information of what had passed, proceeding +to establish such an understanding with the Spanish commandant on the +Sabine as permitted him to withdraw his force across the Mississippi +and to enter on measures for opposing the projected enterprise. + +The General's letter, which came to hand on the 25th of November, as has +been mentioned, and some other information received a few days earlier, +when brought together developed Burr's general designs, different parts +of which only had been revealed to different informants. It appeared +that he contemplated two distinct objects, which might be carried on +either jointly or separately, and either the one or the other first, +as circumstances should direct. One of these was the severance of the +Union of these States by the Alleghany Mountains; the other an attack +on Mexico. A third object was provided, merely ostensible, to wit, the +settlement of a pretended purchase of a tract of country on the Washita +claimed by a Baron Bastrop. This was to serve as the pretext for all +his preparations, an allurement for such followers as really wished to +acquire settlements in that country and a cover under which to retreat +in the event of a final discomfiture of both branches of his real +design. + +He found at once that the attachment of the Western country to the +present Union was not to be shaken; that its dissolution could not be +effected with the consent of its inhabitants, and that his resources +were inadequate as yet to effect it by force. He took his course then +at once, determined to seize on New Orleans, plunder the bank there, +possess himself of the military and naval stores, and proceed on his +expedition to Mexico, and to this object all his means and preparations +were now directed. He collected from all the quarters where himself or +his agents possessed influence all the ardent, restless, desperate, +and disaffected persons who were ready for any enterprise analogous to +their characters. He seduced good and well-meaning citizens, some by +assurances that he possessed the confidence of the Government and was +acting under its secret patronage, a pretense which procured some credit +from the state of our differences with Spain, and others by offers of +land in Bastrop's claim on the Washita. + +This was the state of my information of his proceedings about the last +of November, at which time, therefore, it was first possible to take +specific measures to meet them. The proclamation of November 27, two +days after the receipt of General Wilkinson's information, was now +issued. Orders were dispatched to every interesting point on the Ohio +and Mississippi from Pittsburg to New Orleans for the employment of such +force either of the regulars or of the militia and of such proceedings +also of the civil authorities as might enable them to seize on all the +boats and stores provided for the enterprise, to arrest the persons +concerned, and to suppress effectually the further progress of the +enterprise. A little before the receipt of these orders in the State +of Ohio our confidential agent, who had been diligently employed in +investigating the conspiracy, had acquired sufficient information to +open himself to the governor of that State and apply for the immediate +exertion of the authority and power of the State to crush the +combination. Governor Tiffin and the legislature, with a promptitude, +an energy, and patriotic zeal which entitle them to a distinguished +place in the affection of their sister States, effected the seizure +of all the boats, provisions, and other preparations within their +reach, and thus gave a first blow, materially disabling the enterprise +in its outset. + +In Kentucky a premature attempt to bring Burr to justice without +sufficient evidence for his conviction had produced a popular impression +in his favor and a general disbelief of his guilt. This gave him an +unfortunate opportunity of hastening his equipments. The arrival of +the proclamation and orders and the application and information of our +confidential agent at length awakened the authorities of that State +to the truth, and then produced the same promptitude and energy of +which the neighboring State had set the example. Under an act of their +legislature of December 23 militia was instantly ordered to different +important points, and measures taken for doing whatever could yet be +done. Some boats (accounts vary from five to double or treble that +number) and persons (differently estimated from 100 to 300) had in +the meantime passed the Falls of Ohio to rendezvous at the mouth of +Cumberland with others expected down that river. + +Not apprised till very late that any boats were building on Cumberland, +the effect of the proclamation had been trusted to for some time in the +State of Tennessee; but on the *19th of December similar communications +and instructions with those to the neighboring States were dispatched by +express to the governor and a general officer of the western division +ofthe State, and on the 23d of December our confidential agent left +Frankfort for Nashville to put into activity the means of that State +also. But by information received yesterday I learn that on the 22d of +December Mr. Burr descended the Cumberland with two boats merely of +accommodation, carrying with him from that State no quota toward his +unlawful enterprise. Whether after the arrival of the proclamation, of +the orders, or of our agent any exertion which could be made by that +State or the orders of the governor of Kentucky for calling out the +militia at the mouth of Cumberland would be in time to arrest these +boats and those from the Falls of Ohio is still doubtful. + +On the whole, the fugitives from the Ohio, with their associates from +Cumberland or any other place in that quarter, can not threaten serious +danger to the city of New Orleans. + +By the same express of December 19 orders were sent to the governors of +Orleans and Mississippi, supplementary to those which had been given +onthe 25th of November, to hold the militia of their Territories in +readiness to cooperate for their defense with the regular troops and +armed vessels then under command of General Wilkinson. Great alarm, +indeed, was excited at New Orleans by the exaggerated accounts of Mr. +Burr, disseminated through his emissaries, of the armies and navies +he was to assemble there. General Wilkinson had arrived there himself +on the 24th of November, and had immediately put into activity the +resources of the place for the purpose of its defense, and on the 10th +of December he was joined by his troops from the Sabine. Great zeal was +shewn by the inhabitants generally, the merchants of the place readily +agreeing to the most laudable exertions and sacrifices for manning the +armed vessels with their seamen, and the other citizens manifesting +unequivocal fidelity to the Union and a spirit of determined resistance +to their expected assailants. + +Surmises have been hazarded that this enterprise is to receive aid +from certain foreign powers; but these surmises are without proof or +probability. The wisdom of the measures sanctioned by Congress at its +last session has placed us in the paths of peace and justice with the +only powers with whom we had any differences, and nothing has happened +since which makes it either their interest or ours to pursue another +course. No change of measures has taken place on our part; none ought +to take place at this time. With the one, friendly arrangement was then +proposed, and the law deemed necessary on the failure of that was +suspended to give time for a fair trial of the issue. With the same +power friendly arrangement is now proceeding under good expectations, +and the same law deemed necessary on failure of that is still suspended, +to give time for a fair trial of the issue. With the other, negotiation +was in like manner then preferred, and provisional measures only taken +to meet the event of rupture. With the same power negotiation is still +preferred, and provisional measures only are necessary to meet the event +of rupture. While, therefore, we do not deflect in the slightest degree +from the course we then assumed and are still pursuing with mutual +consent to restore a good understanding, we arc not to impute to them +practices as irreconcilable to interest as to good faith, and changing +necessarily the relations of peace and justice between us to those of +war. These surmises are therefore to be imputed to the vauntings of the +author of this enterprise to multiply his partisans by magnifying the +belief of his prospects and support. + +By letters from General Wilkinson of the 14th and 18th of December, +which came to hand two days after the date of the resolution of the +House of Representatives--that is to say, on the morning of the 18th +instant--I received the important affidavit a copy of which I now +communicate, with extracts of so much of the letters as comes within the +scope of the resolution. By these it will be seen that of three of the +principal emissaries of Mr. Burr whom the General had caused to be +apprehended, one had been liberated by habeas corpus, and two others, +being those particularly employed in the endeavor to corrupt the general +and army of the United States, have been embarked by him for ports in +the Atlantic States, probably on the consideration that an impartial +trial could not be expected during the present agitations of New +Orleans, and that that city was not as yet a safe place of confinement. +As soon as these persons shall arrive they will be delivered to the +custody of the law and left to such course of trial, both as to place +and process, as its functionaries may direct. The presence of the +highest judicial authorities, to be assembled at this place within a few +days, the means of pursuing a sounder course of proceedings here than +elsewhere, and the aid of the Executive means, should the judges have +occasion to use them, render it equally desirable for the criminals as +for the public that, being already removed from the place where they +were first apprehended, the first regular arrest should take place here, +and the course of proceedings receive here its proper direction. + +TH. JEFFERSON. + + + +JANUARY 26, 1807. + +_To the Senate, and House of Representatives of the United States_: + +I received from General Wilkinson on the 23d instant his affidavit +charging Samuel Swartwout, Peter V. Ogden, and James Alexander with the +crimes described in the affidavit a copy of which is now communicated +to both Houses of Congress. + +It was announced to me at the same time that Swartwout and Bollman, two +of the persons apprehended by him, were arrived in this city in custody +each of a military officer. I immediately delivered to the attorney of +the United States in this district the evidence received against them, +with instructions to lay the same before the judges and apply for their +process to bring the accused to justice, and put into his hands orders +to the officers having them in custody to deliver them to the marshal +on his application. + +TH. JEFFERSON. + + + +JANUARY 27, 1807. + +_To the Senate and House of Representatives of the United States_: + +I now render to Congress the account of the fund established for +defraying the contingent expenses of Government for the year 1806. +No occasion having arisen for making use of any part of the balance of +$18,012.50, unexpended on the 31st day of December, 1805, that balance +remains in the Treasury. + +TH. JEFFERSON. + + + +JANUARY 28, 1807. + +_To the Senate and House of Representatives of the United States_: + +By the letters of Captain Bissel, who commands at Fort Massac, and of +Mr. Murrell, to General Jackson, of Tennessee, copies of which are now +communicated to Congress, it will be seen that Aaron Burr passed Fort +Massac on the 31st December with about ten boats, navigated by about six +hands each, without any military appearance, and that three boats with +ammunition were said to have been arrested by the militia at Louisville. + +As the guards of militia posted on various points of the Ohio will be +able to prevent any further aids passing through that channel, should +any be attempted, we may now estimate with tolerable certainty the means +derived from the Ohio and its waters toward the accomplishment of the +purposes of Mr. Burr. + +TH. JEFFERSON. + + + +JANUARY 31, 1807. + +_To the Senate and House of Representatives of the United States_: + +In execution of the act of the last session of Congress entitled "An +act to regulate the laying out and making a road from Cumberland, in +the State of Maryland, to the State of Ohio," I appointed Thomas Moore, +of Maryland; Joseph Kerr, of Ohio, and Eli Williams, of Maryland, +commissioners to lay out the said road, and to perform the other duties +assigned to them by the act. The progress which they made in the +execution of the work during the last season will appear in their report +now communicated to Congress. On the receipt of it I took measures +to obtain consent for making the road of the States of Pennsylvania, +Maryland, and Virginia, through which the commissioners proposed to +lay it out. I have received acts of the legislatures of Maryland and +Virginia giving the consent desired; that of Pennsylvania has the +subject still under consideration, as is supposed. Until I receive full +consent to a free choice of route through the whole distance I have +thought it safest neither to accept nor reject finally the partial +report of the commissioners. Some matters suggested in the report belong +exclusively to the Legislature. + +TH. JEFFERSON. + + + +FEBRUARY 6, 1807. + +_To the Senate and House of Representatives of the United States_: + +I lay before Congress the laws for the government of Louisiana, passed +by the governor and judges of the Indiana Territory at their session at +Vincennes begun on the 1st of October, 1804. + +TH. JEFFERSON. + + + +FEBRUARY 6, 1807. + +_To the Senate and House of Representatives of the United States_: + +The Government of France having examined into the claim of M. de +Beaumarchais against the United States, and considering it as just and +legal, has instructed its minister here to make representations on the +subject to the Government of the United States. I now lay his memoir +thereon before the Legislature, the only authority competent to a final +decision on the same. + +TH. JEFFERSON. + + + +FEBRUARY 10, 1807. + +_To the Senate and House of Representatives of the United States_: + +I communicate, for the information of Congress, a letter from Cowles +Mead, secretary of the Mississippi Territory, to the Secretary of War, +by which it will be seen that Mr. Burr had reached that neighborhood +on the 13th of January. + +TH. JEFFERSON. + + +FEBRUARY 10, 1807. + +_To the Senate and House of Representatives of the United States_: + +In compliance with the request of the House of Representatives expressed +in their resolution of the 5th instant, I proceed to give such +information as is possessed of the effect of gunboats in the protection +and defense of harbors, of the numbers thought necessary, and of the +proposed distribution of them among the ports and harbors of the United +States. + +Under present circumstances, and governed by the intentions of the +Legislature as manifested by their annual appropriations of money for +the purposes of defense, it has been concluded to combine, first, land +batteries furnished with heavy cannon and mortars, and established on +all the points around the place favorable for preventing vessels from +lying before it; second, movable artillery, which may be carried, as +occasion may require, to points unprovided with fixed batteries; third, +floating batteries, and fourth, gunboats which may oppose an enemy at +his entrance and cooperate with the batteries for his expulsion. + +On this subject professional men were consulted as far as we had +opportunity. General Wilkinson and the late General Gates gave their +opinions in writing in favor of the system, as will be seen by their +letters now communicated. The higher officers of the Navy gave the same +opinions in separate conferences, as their presence at the seat of +Government offered occasions of consulting them, and no difference of +judgment appeared on the subject. Those of Commodore Barren and Captain +Tingey, now here, are recently furnished in writing, and transmitted +herewith to the Legislature. + +The efficacy of gunboats for the defense of harbors and of other smooth +and inclosed waters may be estimated in part from that of galleys +formerly much used but less powerful, more costly in their construction +and maintenance, and requiring more men. But the gunboat itself is +believed to be in use with every modern maritime nation for the purposes +of defense. In the Mediterranean, on which are several small powers +whose system, like ours, is peace and defense, few harbors are without +this article of protection. Our own experience there of the effect of +gunboats for harbor service is recent. Algiers is particularly known +to have owed to a great provision of these vessels the safety of its +city since the epoch of their construction, Before that it had been +repeatedly insulted and injured. The effect of gunboats at present in +the neighborhood of Gibraltar is well known, and how much they were used +both in the attack and defense of that place during a former war. The +extensive resort to them by the two greatest naval powers in the world +on an enterprise of invasion not long since in prospect shews their +confidence in their efficacy for the purposes for which they are suited. +By the northern powers of Europe, whose seas are particularly adapted +to them, they are still more used. The remarkable action between the +Russian flotilla of gunboats and galleys and a Turkish fleet of ships +of the line and frigates in the Liman Sea in 1788 will be readily +recollected. The latter, commanded by their most celebrated admiral, +were completely defeated, and several of their ships of the line +destroyed. + +From the opinions given as to the number of gunboats necessary for some +of the principal seaports, and from a view of all the towns and ports +from Orleans to Maine, inclusive, entitled to protection in proportion +to their situation and circumstances, it is concluded that to give them +a due measure of protection in times of war about 200 gunboats will be +requisite. + +According to first ideas the following would be their general +distribution, liable to be varied on more mature examination and +as circumstances shall vary; that is to say: + +To the Mississippi and its neighboring waters, 40 gunboats. + +To Savannah and Charleston, and the harbors on each side from St. Marys +to Currituck, 25. + +To the Chesapeake and its waters, 20. + +To Delaware Bay and River, 15. + +To New York, the Sound, and waters as far as Cape Cod, 50. + +To Boston and the harbors north of Cape Cod, 50. + +The flotillas assigned to these several stations might each be under +the care of a particular commandant, and the vessels composing them +would in ordinary be distributed among the harbors within the station +in proportion to their importance. + +Of these boats a proper proportion would be of the larger size, such +as those heretofore built, capable of navigating any seas and of +reenforcing occasionally the strength of even the most distant ports +when menaced with danger. The residue would be confined to their own +or the neighboring harbors, would be smaller, less furnished for +accommodation, and consequently less costly. Of the number supposed +necessary, 73 are built or building, and the 127 still to be provided +would cost from $500,000 to $600,000. Having regard to the convenience +of the Treasury as well as to the resources for building, it has been +thought that the one-half of these might be built in the present year +and the other half the next. With the Legislature, however, it will rest +to stop where we are, or at any further point, when they shall be of +opinion that the number provided shall be sufficient for the object. + +At times when Europe as well as the United States shall be at peace +it would not be proposed that more than six or eight of these vessels +should be kept afloat. When Europe is in war, treble that number might +be necessary, to be distributed among those particular harbors which +foreign vessels of war are in the habit of frequenting for the purpose +of preserving order therein. But they would be manned in ordinary, with +only their complement for navigation, relying on the seamen and militia +of the port if called into action on any sudden emergency. It would be +only when the United States should themselves be at war that the whole +number would be brought into active service, and would be ready in the +first moments of the war to cooperate with the other means for covering +at once the line of our seaports. At all times those unemployed would be +withdrawn into places not exposed to sudden enterprise, hauled up under +sheds from the sun and weather, and kept in preservation with little +expense for repairs or maintenance. + +It must be superfluous to observe that this species of naval armament +is proposed merely for defensive operation; that it can have but little +effect toward protecting our commerce in the open seas, even on our own +coast; and still less can it become an excitement to engage in offensive +maritime war, toward which it would furnish no means. + +TH. JEFFERSON. + + + +FEBRUARY 11, 1807. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the militia of the United +States according to the latest returns received by the Department +of War. From two of the States no returns have ever been received. + +TH. JEFFERSON. + + + +FEBRUARY 19, 1807. + +_To the Senate and House of Representatives of the United States_: + +I transmit to Congress a letter from our ministers plenipotentiary +at London, informing us that they have agreed with the British +commissioners to conclude a treaty on all the points which had formed +the object of their negotiation, and on terms which they trusted we +would approve. + +Also a letter from our minister plenipotentiary at Paris covering one +to him from the minister of marine of that Government assuring him that +the imperial decree lately passed was not to affect our commerce, which +would still be governed by the rules of the treaty established between +the two countries. + +Also a letter from Cowles Mead, secretary of the Mississippi Territory, +acting as governor, informing us that Aaron Burr had surrendered himself +to the civil authority of that Territory. + +TH. JEFFERSON. + + + + +PROCLAMATIONS. + + +BY THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +During the wars which for some time have unhappily prevailed among the +powers of Europe the United States of America, firm in their principles +of peace, have endeavored, by justice, by a regular discharge of all +their national and social duties, and by every friendly office their +situation has admitted, to maintain with all the belligerents their +accustomed relations of friendship, hospitality, and commercial +intercourse. Taking no part in the questions which animate these powers +against each other, nor permitting themselves to entertain a wish but +for the restoration of general peace, they have observed with good faith +the neutrality they assumed, and they believe that no instance of a +departure from its duties can be justly imputed to them by any nation. +A free use of their harbors and waters, the means of refitting and of +refreshment, of succor to their sick and suffering, have at all times +and on equal principles been extended to all, and this, too, amidst a +constant recurrence of acts of insubordination to the laws, of violence +to the persons, and of trespasses on the property of our citizens +committed by officers of one of the belligerent parties received among +us. In truth, these abuses of the laws of hospitality have, with few +exceptions, become habitual to the commanders of the British armed +vessels hovering on our coasts and frequenting our harbors. They have +been the subject of repeated representations to their Government. +Assurances have been given that proper orders should restrain them +within the limits of the rights and of the respect due to a friendly +nation; but those orders and assurances have been without effect--no +instance of punishment for past wrongs has taken place. At length a deed +transcending all we have hitherto seen or suffered brings the public +sensibility to a serious crisis and our forbearance to a necessary +pause. A frigate of the United States, trusting to a state of peace, and +leaving her harbor on a distant service, has been surprised and attacked +by a British vessel of superior force--one of a squadron then lying in +our waters and covering the transaction--and has been disabled from +service, with the loss of a number of men killed and wounded. This +enormity was not only without provocation or justifiable cause, but was +committed with the avowed purpose of taking by force from a ship of war +of the United States a part of her crew; and that no circumstance might +be wanting to mark its character, it had been previously ascertained +that the seamen demanded were native citizens of the United States. +Having effected her purpose, she returned to anchor with her squadron +within our jurisdiction. Hospitality under such circumstances ceases to +be a duty, and a continuance of it with such uncontrolled abuses would +tend only, by multiplying injuries and irritations, to bring on a +rupture between the two nations. This extreme resort is equally opposed +to the interests of both, as it is to assurances of the most friendly +dispositions on the part of the British Government, in the midst of +which this outrage has been committed. In this light the subject can not +but present itself to that Government and strengthen the motives to +an honorable reparation of the wrong which has been done, and to that +effectual control of its naval commanders which alone can justify the +Government of the United States in the exercise of those hospitalities +it is now constrained to discontinue. + +In consideration of these circumstances and of the right of every nation +to regulate its own police, to provide for its peace and for the safety +of its citizens, and consequently to refuse the admission of armed +vessels into its harbors or waters, either in such numbers or of such +descriptions as are inconsistent with these or with the maintenance +of the authority of the laws, I have thought proper, in pursuance of +the authorities specially given by law, to issue this my proclamation, +hereby requiring all armed vessels bearing commissions under the +Government of Great Britain now within the harbors or waters of the +United States immediately and without any delay to depart from the same, +and interdicting the entrance of all the said harbors and waters to the +said armed vessels and to all others bearing commissions under the +authority of the British Government. + +And if the said vessels, or any of them, shall fail to depart as +aforesaid, or if they or any others so interdicted shall hereafter +enter the harbors or waters aforesaid, I do in that case forbid all +intercourse with them, or any of them, their officers or crews, and +do prohibit all supplies and aid from being furnished to them, or any +of them. + +And I do declare and make known that if any person from or within the +jurisdictional limits of the United States shall afford any aid to any +such vessel contrary to the prohibition contained in this proclamation, +either in repairing any such vessel or in furnishing her, her officers +or crew, with supplies of any kind or in any manner whatsoever; or if +any pilot shall assist in navigating any of the said armed vessels, +unless it be for the purpose of carrying them in the first instance +beyond the limits and jurisdiction of the United States, or unless it +be in the case of a vessel forced by distress or charged with public +dispatches, as hereinafter provided for, such person or persons shall +on conviction suffer all the pains and penalties by the laws provided +for such offenses. + +And I do hereby enjoin and require all persons bearing office, civil or +military, within or under the authority of the United States, and all +others citizens or inhabitants thereof, or being within the same, with +vigilance and promptitude to exert their respective authorities and to +be aiding and assisting to the carrying this proclamation and every part +thereof into full effect. + +Provided, nevertheless, that if any such vessel shall be forced into the +harbors or waters of the United States by distress, by the dangers of +the sea, or by the pursuit of an enemy, or shall enter them charged +with dispatches or business from their Government, or shall be a public +packet for the conveyance of letters and dispatches, the commanding +officer, immediately reporting his vessel to the collector of the +district, stating the object or causes of entering the said harbors +or waters, and conforming himself to the regulations in that case +prescribed under the authority of the laws, shall be allowed the benefit +of such regulations respecting repairs, supplies, stay, intercourse, and +departure as shall be permitted under the same authority. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to be +affixed to these presents, and signed the same. + +Given at the city of Washington, the 2d day of July, A.D. 1807, and of +the Sovereignty and Independence of the United States the thirty-first. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + +[From Annals of Congress, Tenth Congress, first session, vol. i, 9.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas great and weighty matters claiming the consideration of the +Congress of the United States form an extraordinary occasion for +convening them, I do by these presents appoint Monday, the 26th day +of October next, for their meeting at the city of Washington, hereby +requiring the respective Senators and Representatives then and there to +assemble in Congress, in order to receive such communications as may +then be made to them, and to consult and determine on such measures as +in their wisdom may be deemed meet for the welfare of the United States. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to be +hereunto affixed, and signed the same with my hand. + +Done at the city of Washington, the 30th day of July, A.D. 1807, and in +the thirty-second year of the Independence of the United States. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + +[From the National Intelligencer, October 19, 1807.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas information has been received that a number of individuals who +have deserted from the Army of the United States and sought shelter +without the jurisdiction thereof have become sensible of their offense +and are desirous of returning to their duty, a full pardon is hereby +proclaimed to each and all of such individuals as shall within four +months from the date hereof surrender themselves to the commanding +officer of any military post within the United States or the Territories +thereof. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to be +affixed to these presents, and signed the same with my hand. + +Done at the city of Washington, the 15th day of October, A.D. 1807, and +of the Independence of the United States of America the thirty-second. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + + +SEVENTH ANNUAL MESSAGE. + + +OCTOBER 27, 1807. + +_To the Senate and House of Representatives of the United States_: + +Circumstances, fellow-citizens, which seriously threatened the peace +of our country have made it a duty to convene you at an earlier period +than usual. The love of peace so much cherished in the bosoms of our +citizens, which has so long guided the proceedings of their public +councils and induced forbearance under so many wrongs, may not insure +our continuance in the quiet pursuits of industry. The many injuries +and depredations committed on our commerce and navigation upon the high +seas for years past, the successive innovations on those principles +of public law which have been established by the reason and usage of +nations as the rule of their intercourse and the umpire and security +of their rights and peace, and all the circumstances which induced +the extraordinary mission to London are already known to you. The +instructions given to our ministers were framed in the sincerest spirit +of amity and moderation. They accordingly proceeded, in conformity +therewith, to propose arrangements which might embrace and settle all +the points in difference between us, which might bring us to a mutual +understanding on our neutral and national rights and provide for a +commercial intercourse on conditions of some equality. After long and +fruitless endeavors to effect the purposes of their mission and to +obtain arrangements within the limits of their instructions, they +concluded to sign such as could be obtained and to send them for +consideration, candidly declaring to the other negotiators at the same +time that they were acting against their instructions, and that their +Government, therefore, could not be pledged for ratification. Some +of the articles proposed might have been admitted on a principle +of compromise, but others were too highly disadvantageous, and no +sufficient provision was made against the principal source of the +irritations and collisions which were constantly endangering the peace +of the two nations. The question, therefore, whether a treaty should +be accepted in that form could have admitted but of one decision, even +had no declarations of the other party impaired our confidence in it. +Still anxious not to close the door against friendly adjustment, new +modifications were framed and further concessions authorized than could +before have been supposed necessary; and our ministers were instructed +to resume their negotiations on these grounds. On this new reference to +amicable discussion we were reposing in confidence, when on the 22d day +of June last by a formal order from a British admiral the frigate +_Chesapeake_, leaving her port for a distant service, was attacked +by one of those vessels which had been lying in our harbors under the +indulgences of hospitality, was disabled from proceeding, had several +of her crew killed and four taken away. On this outrage no commentaries +are necessary. Its character has been pronounced by the indignant voice +of our citizens with an emphasis and unanimity never exceeded. I +immediately, by proclamation, interdicted our harbors and waters to all +British armed vessels, forbade intercourse with them, and uncertain how +far hostilities were intended, and the town of Norfolk, indeed, being +threatened with immediate attack, a sufficient force was ordered for +the protection of that place, and such other preparations commenced and +pursued as the prospect rendered proper. An armed vessel of the United +States was dispatched with instructions to our ministers at London to +call on that Government for the satisfaction and security required by +the outrage. A very short interval ought now to bring the answer, which +shall be communicated to you as soon as received; then also, or as soon +after as the public interests shall be found to admit, the unratified +treaty and proceedings relative to it shall be made known to you. + +The aggression thus begun has been continued on the part of the British +commanders by remaining within our waters in defiance of the authority +of the country, by habitual violations of its jurisdiction, and at +length by putting to death one of the persons whom they had forcibly +taken from on board the _Chesapeake_. These aggravations necessarily +lead to the policy either of never admitting an armed vessel into our +harbors or of maintaining in every harbor such an armed force as may +constrain obedience to the laws and protect the lives and property +of our citizens against their armed guests; but the expense of such +a standing force and its inconsistence with our principles dispense +with those courtesies which would necessarily call for it, and leave +us equally free to exclude the navy, as we are the army, of a foreign +power from entering our limits. + +To former violations of maritime rights another is now added of very +extensive effect. The Government of that nation has issued an order +interdicting all trade by neutrals between ports not in amity with +them; and being now at war with nearly every nation on the Atlantic and +Mediterranean seas, our vessels are required to sacrifice their cargoes +at the first port they touch or to return home without the benefit of +going to any other market. Under this new law of the ocean our trade +on the Mediterranean has been swept away by seizures and condemnations, +and that in other seas is threatened with the same fate. + +Our differences with Spain remain still unsettled, no measure having +been taken on her part since my last communications to Congress to +bring them to a close. But under a state of things which may favor +reconsideration they have been recently pressed, and an expectation is +entertained that they may now soon be brought to an issue of some sort. +With their subjects on our borders no new collisions have taken place +nor seem immediately to be apprehended. To our former grounds of +complaint has been added a very serious one, as you will see by the +decree a copy of which is now communicated. Whether this decree, which +professes to be conformable to that of the French Government of November +21, 1806, heretofore communicated to Congress, will also be conformed +to that in its construction and application in relation to the United +States had not been ascertained at the date of our last communications. +These, however, gave reason to expect such a conformity. + +With the other nations of Europe our harmony has been uninterrupted, +and commerce and friendly intercourse have been maintained on their +usual footing. + +Our peace with the several states on the coast of Barbary appears as +firm as at any former period and as likely to continue as that of any +other nation. + +Among our Indian neighbors in the northwestern quarter some fermentation +was observed soon after the late occurrences, threatening the +continuance of our peace. Messages were said to be interchanged and +tokens to be passing, which usually denote a state of restlessness among +them, and the character of the agitators pointed to the sources of +excitement. Measures were immediately taken for providing against that +danger; instructions were given to require explanations, and, with +assurances of our continued friendship, to admonish the tribes to remain +quiet at home, taking no part in quarrels not belonging to them. As +far as we are yet informed, the tribes in our vicinity, who are most +advanced in the pursuits of industry, are sincerely disposed to adhere +to their friendship with us and to their peace with all others, while +those more remote do not present appearances sufficiently quiet to +justify the intermission of military precaution on our part. + +The great tribes on our southwestern quarter, much advanced beyond +the others in agriculture and household arts, appear tranquil and +identifying their views with ours in proportion to their advancement. +With the whole of these people, in every quarter, I shall continue to +inculcate peace and friendship with all their neighbors and perseverance +in those occupations and pursuits which will best promote their own +well-being. + +The appropriations of the last session for the defense of our seaport +towns and harbors were made under expectation that a continuance of +our peace would permit us to proceed in that work according to our +convenience. It has been thought better to apply the sums then given +toward the defense of New York, Charleston, and New Orleans chiefly, as +most open and most likely first to need protection, and to leave places +less immediately in danger to the provisions of the present session. + +The gunboats, too, already provided have on a like principle been +chiefly assigned to New York, New Orleans, and the Chesapeake. Whether +our movable force on the water, so material in aid of the defensive +works on the land, should be augmented in this or any other form is +left to the wisdom of the Legislature. For the purpose of manning +these vessels in sudden attacks on our harbors it is a matter for +consideration whether the seamen of the United States may not justly +be formed into a special militia, to be called on for tours of duty +in defense of the harbors where they shall happen to be, the ordinary +militia of the place furnishing that portion which may consist of +landsmen. + +The moment our peace was threatened I deemed it indispensable to secure +a greater provision of those articles of military stores with which our +magazines were not sufficiently furnished. To have awaited a previous +and special sanction by law would have lost occasions which might not +be retrieved. I did not hesitate, therefore, to authorize engagements +for such supplements to our existing stock as would render it adequate +to the emergencies threatening us, and I trust that the Legislature, +feeling the same anxiety for the safety of our country, so materially +advanced by this precaution, will approve, when done, what they would +have seen so important to be done if then assembled. Expenses, also +unprovided for, arose out of the necessity of calling all our gunboats +into actual service for the defense of our harbors; of all which +accounts will be laid before you. + +Whether a regular army is to be raised, and to what extent, must depend +on the information so shortly expected. In the meantime I have called +on the States for quotas of militia, to be in readiness for present +defense, and have, moreover, encouraged the acceptance of volunteers; +and I am happy to inform you that these have offered themselves with +great alacrity in every part of the Union. They are ordered to be +organized and ready at a moment's warning to proceed on any service to +which they may be called, and every preparation within the Executive +powers has been made to insure us the benefit of early exertions. + +I informed Congress at their last session of the enterprises against the +public peace which were believed to be in preparation by Aaron Burr and +his associates, of the measures taken to defeat them and to bring the +offenders to justice. Their enterprises were happily defeated by the +patriotic exertions of the militia whenever called into action, by the +fidelity of the Army, and energy of the commander in chief in promptly +arranging the difficulties presenting themselves on the Sabine, +repairing to meet those arising on the Mississippi, and dissipating +before their explosion plots engendering there. I shall think it my duty +to lay before you the proceedings and the evidence publicly exhibited on +the arraignment of the principal offenders before the circuit court of +Virginia. You will be enabled to judge whether the defect was in the +testimony, in the law, or in the administration of the law; and wherever +it shall be found, the Legislature alone can apply or originate the +remedy. The framers of our Constitution certainly supposed they had +guarded as well their Government against destruction by treason as their +citizens against oppression under pretense of it, and if these ends are +not attained it is of importance to inquire by what means more effectual +they may be secured. + +The accounts of the receipts of revenue during the year ending on the +30th day of September last being not yet made up, a correct statement +will be hereafter transmitted from the Treasury. In the meantime, it is +ascertained that the receipts have amounted to near $16,000,000, which, +with the five millions and a half in the Treasury at the beginning +of the year, have enabled us, after meeting the current demands and +interest incurred, to pay more than four millions of the principal of +our funded debt. These payments, with those of the preceding five and a +half years, have extinguished of the funded debt $25,500,000, being the +whole which could be paid or purchased within the limits of the law and +of our contracts, and have left us in the Treasury $8,500,000. A portion +of this sum may be considered as a commencement of accumulation of the +surpluses of revenue which, after paying the installments of debt as +they shall become payable, will remain without any specific object. It +may partly, indeed, be applied toward completing the defense of the +exposed points of our country, on such a scale as shall be adapted to +our principles and circumstances. This object is doubtless among the +first entitled to attention in such a state of our finances, and it is +one which, whether we have peace or war, will provide security where it +is due. Whether what shall remain of this, with the future surpluses, +may be usefully applied to purposes already authorized or more usefully +to others requiring new authorities, or how otherwise they shall be +disposed of, are questions calling for the notice of Congress, unless, +indeed, they shall be superseded by a change in our public relations now +awaiting the determination of others. Whatever be that determination, it +is a great consolation that it will become known at a moment when the +supreme council of the nation is assembled at its post, and ready to +give the aids of its wisdom and authority to whatever course the good +of our country shall then call us to pursue. + +Matters of minor importance will be the subjects of future +communications, and nothing shall be wanting on my part which may give +information or dispatch to the proceedings of the Legislature in the +exercise of their high duties, and at a moment so interesting to the +public welfare. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +NOVEMBER 11, 1807. + +_To the Senate of the United States_: + +Some time had elapsed after the receipt of the late treaty between +the United States and Tripoli before the circumstance drew particular +attention that, although by the third article the wife and children of +the ex-Bashaw were to be restored to him, this did not appear either +to have been done or demanded; still, it was constantly expected that +explanations on the subject would be received. None, however, having +arrived when Mr. Davis went as consul to Tripoli, he was instructed to +demand the execution of the article. He did so, but was answered by the +exhibition of a declaration, signed by our negotiator the day after the +signature of the treaty, allowing four years for the restoration of the +family. This declaration and the letter of Mr. Davis stating what passed +on the occasion are now communicated to the Senate. On the receipt of +this letter I caused the correspondence of Mr. Lear to be diligently +reexamined in order to ascertain whether there might have been a +communication of this paper made and overlooked or forgotten. None such, +however, is found. There appears only in a journalized account of the +transaction by Mr. Lear, under date of June 3, a passage intimating that +he should be disposed to give time rather than suffer the business to be +broken off and our countrymen left in slavery; and again, that on the +return of the person who passed between himself and the Bashaw, and +information that the Bashaw would require time for the delivery of the +family, he consented, and went ashore to consummate the treaty. This was +done the next day, and being forwarded to us as ultimately signed, and +found to contain no allowance of time nor any intimation that there was +any stipulation but what was in the public treaty, it was supposed that +the Bashaw had, in fine, abandoned the proposition, and the instructions +before mentioned were consequently given to Mr. Davis. + +An extract of so much of Mr. Lear's communication as relates to this +circumstance is now transmitted to the Senate, the whole of the papers +having been laid before them on a former occasion. How it has happened +that the declaration of June 5 has never before come to our knowledge +can not with certainty be said, but whether there has been a miscarriage +of it or a failure of the ordinary attention and correctness of that +officer in making his communications, I have thought it due to the +Senate as well as to myself to explain to them the circumstances +which have withheld from their knowledge, as they did from my own, +a modification which, had it been placed in the public treaty, would +have been relieved from the objections which candor and good faith can +not but feel in its present form. + +As the restoration of the family has probably been effected, a just +regard to the character of the United States will require that I make +to the Bashaw a candid statement of facts, and that the sacrifices of +his right to the peace and friendship of the two countries, by yielding +finally to the demand of Mr. Davis, be met by proper acknowledgments and +reparation on our part. + +TH. JEFFERSON. + + + +NOVEMBER 19, 1807. + +_To the House of Representatives of the United States_: + +According to the request expressed in your resolution of the 18th +instant, I now transmit a copy of my proclamation interdicting our +harbors and waters to British armed vessels and forbidding intercourse +with them, referred to in my message of the 27th of October last. + +TH. JEFFERSON. + + + +NOVEMBER 23, 1807. + +_To the Senate and House of Representatives of the United States_: + +Agreeably to the assurance given in my message at the opening of +the present session of Congress, I now lay before you a copy of the +proceedings and of the evidence exhibited on the arraignment of Aaron +Burr and others before the circuit court of the United States held in +Virginia in the course of the present year, in as authentic form as +their several parts have admitted. + +TH. JEFFERSON. + + + +NOVEMBER 23, 1807. + +_To the Senate of the United States_: + +Some circumstance, which can not now be ascertained, induced a belief +that an act had passed at the last session of Congress for establishing +a surveyor and inspector of revenue for the port of Stonington, in +Connecticut, and commissions were signed appointing Jonathan Palmer, +of Connecticut, to those offices. The error was discovered at the +Treasury, and the commissions were retained; but not having been +notified to me, I renewed the nomination in my message of the 9th +instant to the Senate. In order to correct the error, I have canceled +the temporary commissions, and now revoke the nomination which I made +of the said Jonathan Palmer to the Senate. + +TH. JEFFERSON. + + + +DECEMBER 2, 1807. + +_To the Senate of the United States_: + +In compliance with the request made in the resolution of the Senate +of November 30, I must inform them that when the prosecutions against +Aaron Burr and his associates were instituted I delivered to the +Attorney-General all the evidence on the subject, formal and informal, +which I had received, to be used by those employed in the prosecutions. +On the receipt of the resolution of the Senate I referred it to the +Attorney-General, with a request that he would enable me to comply with +it by putting into my hands such of the papers as might give information +relative to the conduct of John Smith, a Senator from the State of Ohio, +as an alleged associate of Aaron Burr, and having this moment received +from him the affidavit of Elias Glover, with an assurance that it is the +only paper in his possession which is within the term of the request of +the Senate, I now transmit it for their use. + +TH. JEFFERSON. + + + +DECEMBER 7, 1807. + +_To the Senate and House of Representatives of the United States_: + +Having recently received from our late minister plenipotentiary at +the Court of London a duplicate of dispatches, the original of which +has been sent by the _Revenge_ schooner, not yet arrived, I hasten +to lay them before both Houses of Congress. They contain the whole +of what has passed between the two Governments on the subject of +the outrage committed by the British ship _Leopard_ on the frigate +_Chesapeake_. Congress will learn from these papers the present +state of the discussion on that transaction, and that it is to be +transferred to this place by the mission of a special minister. + +While this information will have its proper effect on their +deliberations and proceedings respecting the relations between the two +countries, they will be sensible that, the negotiation being still +depending, it is proper for me to request that the communications may +be considered as confidential. + +TH. JEFFERSON. + + + +DECEMBER 18, 1807. + +_To the Senate and House of Representatives of the United States_: + +The communications now made, shewing the great and increasing dangers +with which our vessels, our seamen, and merchandise are threatened +on the high seas and elsewhere from the belligerent powers of Europe, +and it being of the greatest importance to keep in safety these +essential resources, I deem it my duty to recommend the subject to +the consideration of Congress, who will doubtless perceive all the +advantages which may be expected from an inhibition of the departure +of our vessels from the ports of the United States. + +Their wisdom will also see the necessity of making every preparation +for whatever events may grow out of the present crisis. + +TH. JEFFERSON. + + + +DECEMBER 30, 1807. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress the inclosed letters from Governor Hull, +respecting the Indians in the vicinity of Detroit residing within our +lines. They contain information of the state of things in that quarter +which will properly enter into their view in estimating the means to +be provided for the defense of our country generally. + +TH. JEFFERSON. + + + +JANUARY 8, 1808. + +_To the Senate and House of Representatives of the United States_: + +I now render to Congress the account of the fund established for +defraying the contingent expenses of Government for the year 1807. +Of the sum of $18,012.50, which remained unexpended at the close +of the year 1806, $8,731.11 have been placed in the hands of the +Attorney-General of the United States, to enable him to defray sundry +expenses incident to the prosecution of Aaron Burr and his accomplices +for treasons and misdemeanors alleged to have been committed by them, +and the unexpended balance of $9,275.39 is now carried according to +law to the credit of the surplus fund. + +TH. JEFFERSON. + + + +JANUARY 15, 1808. + +_To the Senate of the United States_: + +The posts of Detroit and Mackinac having been originally intended by the +Governments which established and held them as mere depots for commerce +with the Indians, very small cessions of land around them were obtained +or asked from the native proprietors, and these posts depended for +protection on the strength of their garrisons. The principles of our +Government leading us to the employment of such moderate garrisons in +time of peace as may merely take care of the post, and to a reliance on +the neighboring militia for its support in the first moments of war, +I have thought it would be important to obtain from the Indians such a +cession in the neighborhood of these posts as might maintain a militia +proportioned to this object; and I have particularly contemplated, with +this view, the acquisition of the eastern moiety of the peninsula +between lakes Michigan and Huron, comprehending the waters of the latter +and of Detroit River, so soon as it could be effected with the perfect +good will of the natives. Governor Hull was therefore appointed a +commissioner to treat with them on this subject, but was instructed to +confine his propositions for the present to so much of the tract before +described as lay south of Saguina Bay and round to the Connecticut +Reserve, so as to consolidate the new with the present settled country. +The result has been an acquisition of so much only of what would have +been acceptable as extends from the neighborhood of Saguina Bay to the +Miami of the Lakes, with a prospect of soon obtaining a breadth of 2 +miles for a communication from the Miami to the Connecticut Reserve. +The treaty for this purpose entered into with the Ottoways, Chippeways, +Wyandots, and Pottawattamies at Detroit on the 17th of November last is +now transmitted to the Senate, and I ask their advice and consent as to +its ratification. + +I communicate herewith such papers as bear any material relation to +the subject. + +TH. JEFFERSON. + + + +JANUARY 15, 1808. + +_To the Senate of the United States_: + +Although it is deemed very desirable that the United States should +obtain from the native proprietors the whole left bank of the +Mississippi to a certain breadth, yet to obliterate from the Indian +mind an impression deeply made in it that we are constantly forming +designs on their lands I have thought it best where urged by no +peculiar necessity to leave to themselves and to the pressure of +their own convenience only to come forward with offers of sale to +the United States. + +The Choctaws, being indebted to certain mercantile characters beyond +what could be discharged by the ordinary proceeds of their huntings, and +pressed for payment by those creditors, proposed at length to the United +States to cede lands to the amount of their debts, and designated them +in two different portions of their country. These designations not at +all suiting us, their proposals were declined for that reason, and with +an intimation that if their own convenience should ever dispose them to +cede their lands on the Mississippi we should be willing to purchase. +Still urged by their creditors, as well as by their own desire to be +liberated from debt, they at length proposed to make a cession which +should be to our convenience. James Robertson, of Tennessee, and Silas +Dinsmore were thereupon appointed commissioners to treat with them on +that subject, with instructions to purchase only on the Mississippi. On +meeting their chiefs, however, it was found that such was the attachment +of the nation to their lands on the Mississippi that their chiefs could +not undertake to cede them; but they offered all their lands south of +a line to be run from their and our boundary at the Omochita eastwardly +to their boundary with the Creeks, on the ridge between the Tombigbee +and Alabama, which would unite our possessions there from Natchez +to Tombigbee. A treaty to this effect was accordingly signed at +Pooshapekanuk on the 16th of November, 1805; but this being against +express instructions, and not according with the object then in view, +I was disinclined to its ratification, and therefore did not at the last +session of Congress lay it before the Senate for their advice, but have +suffered it to lie unacted on. + +Progressive difficulties, however, in our foreign relations have brought +into view considerations other than those which then prevailed. It is +now, perhaps, become as interesting to obtain footing for a strong +settlement of militia along our southern frontier eastward of the +Mississippi as on the west of that river, and more so than higher up +the river itself. The consolidation of the Mississippi Territory and +the establishing a barrier of separation between the Indians and our +Southern neighbors are also important objects. The cession is supposed +to contain about 5,000,000 acres, of which the greater part is said to +be fit for cultivation, and no inconsiderable proportion of the first +quality, on the various waters it includes; and the Choctaws and their +creditors are still anxious for the sale. + +I therefore now transmit the treaty for the consideration of the Senate, +and I ask their advice and consent as to its ratification. I communicate +at the same time such papers as bear any material relation to the +subject, together with a map on which is sketched the northern limit of +the cession, rather to give a general idea than with any pretension to +exactness, which our present knowledge of the country would not warrant. + +TH. JEFFERSON. + + + +JANUARY 20, 1808. + +_To the House of Representatives of the United States_: + +Some days previous to your resolutions of the 13th instant a court of +inquiry had been instituted at the request of General Wilkinson, charged +to make the inquiry into his conduct which the first resolution desires, +and had commenced their proceedings. To the judge-advocate of that court +the papers and information on that subject transmitted to me by the +House of Representatives have been delivered, to be used according to +the rules and powers of that court. + +The request of a communication of any information which may have been +received at any time since the establishment of the present Government +touching combinations with foreign agents for dismembering the Union +or the corrupt receipt of money by any officer of the United States +from the agents of foreign governments can be complied with but in a +partial degree. + +It is well understood that in the first or second year of the Presidency +of General Washington information was given to him relating to +certain combinations with the agents of a foreign government for the +dismemberment of the Union, which combinations had taken place before +the establishment of the present Federal Government. This information, +however, is believed never to have been deposited in any public office, +or left in that of the President's secretary, these having been duly +examined, but to have been considered as personally confidential, and +therefore retained among his private papers. A communication from the +governor of Virginia to President Washington is found in the office +of the President's secretary, which, although not strictly within the +terms of the request of the House of Representatives, is communicated, +inasmuch as it may throw some light on the subjects of the +correspondence of that time between certain foreign agents and citizens +of the United States. + +In the first or second year of the Administration of President Adams +Andrew Ellicott, then employed in designating, in conjunction with the +Spanish authorities, the boundaries between the territories of the +United States and Spain, under the treaty with that nation, communicated +to the Executive of the United States papers and information respecting +the subjects of the present inquiry, which were deposited in the +Office of State. Copies of these are now transmitted to the House of +Representatives, except of a single letter and a reference from the +said Andrew Ellicott, which, being expressly desired to be kept secret, +is therefore not communicated, but its contents can be obtained from +himself in a more legal form, and directions have been given to summon +him to appear as a witness before the court of inquiry. + +A paper on "The Commerce of Louisiana," bearing date the 18th of +April, 1798, is found in the Office of State, supposed to have been +communicated by Mr. Daniel Clark, of New Orleans, then a subject of +Spain, and now of the House of Representatives of the United States, +stating certain commercial transactions of General Wilkinson in New +Orleans. An extract from this is now communicated, because it contains +facts which may have some bearing on the questions relating to him. + +The destruction of the War Office by fire in the close of 1800 involved +all information it contained at that date. + +The papers already described therefore constitute the whole of the +information on the subjects deposited in the public offices during the +preceding Administrations, as far as has yet been found; but it can +not be affirmed that there may be no other, because, the papers of the +office being filed for the most part alphabetically, unless aided by the +suggestion of any particular name which may have given such information, +nothing short of a careful examination of the papers in the offices +generally could authorize such an affirmation. + +About a twelvemonth after I came to the administration of the Government +Mr. Clark gave some verbal information to myself, as well as to the +Secretary of State, relating to the same combinations for the +dismemberment of the Union. He was listened to freely, and he then +delivered the letter of Governor Gayoso, addressed to himself, of which +a copy is now communicated. After his return to New Orleans he forwarded +to the Secretary of State other papers, with a request that after +perusal they should be burnt. This, however, was not done, and he was so +informed by the Secretary of State, and that they would be held subject +to his orders. These papers have not yet been found in the office. +A letter, therefore, has been addressed to the former chief clerk, who +may perhaps give information respecting them. As far as our memories +enable us to say, they related only to the combinations before spoken +of, and not at all to the corrupt receipt of money by any officer of +the United States; consequently they respected what was considered as +a dead matter, known to the preceding Administrations, and offering +nothing new to call for investigations, which those nearest the dates +of the transactions had not thought proper to institute. + +In the course of the communications made to me on the subject of the +conspiracy of Aaron Burr I sometimes received letters, some of them +anonymous, some under names true or false, expressing suspicions and +insinuations against General Wilkinson; but one only of them, and that +anonymous, specified any particular fact, and that fact was one of those +which had been already communicated to a former Administration. + +No other information within the purview of the request of the House is +known to have been received by any department of the Government from the +establishment of the present Federal Government. That which has been +recently communicated to the House of Representatives, and by them +to me, is the first direct testimony ever made known to me charging +General Wilkinson with the corrupt receipt of money, and the House of +Representatives may be assured that the duties which this information +devolves on me shall be exercised with rigorous impartiality. Should any +want of power in the court to compel the rendering of testimony obstruct +that full and impartial inquiry which alone can establish guilt or +innocence and satisfy justice, the legislative authority only will be +competent to the remedy. + +TH. JEFFERSON. + + + +JANUARY 30, 1808. + +_To the Senate and House of Representatives of the United States_: + +The Choctaws, being indebted to their merchants beyond what could be +discharged by the ordinary proceeds of their buntings, and pressed for +payment, proposed to the United States to cede lands to the amount of +their debts, and designated them in two different portions of their +country. These designations, not at all suiting us, were declined. Still +urged by their creditors, as well as by their own desire to be liberated +from debt, they at length proposed to make a cession which should be to +our convenience. By a treaty signed at Pooshapuckanuck on the 16th of +November, 1805, they accordingly ceded all their lands south of a line +to be run from their and our boundary at the Omochita eastwardly to +their boundary with the Creeks, on the ridge between the Tombigbee and +Alabama, as is more particularly described in the treaty, containing +about 5,000,000 acres, as is supposed, and uniting our possessions there +from Adams to Washington County. + +The location contemplated in the instructions to the commissioners was +on the Mississippi. That in the treaty being entirely different, I was +at that time disinclined to its ratification, and I have suffered it to +lie unacted on. But progressive difficulties in our foreign relations +have brought into view considerations other than those which then +prevailed. It is now, perhaps, as interesting to obtain footing for a +strong settlement of militia along our southern frontier eastward of the +Mississippi as on the west of that river, and more so than higher up the +river itself. The consolidation of the Mississippi Territory and the +establishment of a barrier of separation between the Indians and our +Southern neighbors are also important objects; and the Choctaws and +their creditors being still anxious that the sale should be made, I +submitted the treaty to the Senate, who have advised and consented to +its ratification. I therefore now lay it before both Houses of Congress +for the exercise of their constitutional powers as to the means of +fulfilling it. + +TH. JEFFERSON. + + + +JANUARY 30, 1808. + +_To the House of Representatives of the United States_: + +The posts of Detroit and Mackinac having been originally intended by the +Governments which established and held them as mere depots for commerce +with the Indians, very small cessions of land around them were obtained +or asked from the native proprietors, and these posts depended for +protection on the strength of their garrisons. The principles of our +Government leading us to the employment of such moderate garrisons in +time of peace as may merely take care of the post, and to a reliance on +the neighboring militia for its support in the first moments of war, +I have thought it would be important to obtain from the Indians such a +cession in the neighborhood of these posts as might maintain a militia +proportioned to this object; and I have particularly contemplated, +with this view, the acquisition of the eastern moiety of the peninsula +between the lakes Michigan, Huron, and Erie, extending it to the +Connecticut Reserve so soon as it could be effected with the perfect +good will of the natives. + +By a treaty concluded at Detroit on the 17th of November last with the +Ottoways, Chippeways, Wyandots, and Pattawatimas so much of this country +has been obtained as extends from about Saguina Bay southwardly to the +Miami of the Lakes, supposed to contain upward of 5,000,000 acres, with +a prospect of obtaining for the present a breadth of 2 miles for a +communication from the Miami to the Connecticut Reserve. + +The Senate having advised and consented to the ratification of this +treaty, I now lay it before both Houses of Congress for the exercise +of their constitutional powers as to the means of fulfilling it. + +TH. JEFFERSON. + + + +FEBRUARY 2, 1808. + +_To the Senate and House of Representatives of the United States_: + +Having received an official communication of certain orders of the +British Government against the maritime rights of neutrals, bearing date +the 11th of November, 1807, I transmit them to Congress, as a further +proof of the increasing dangers to our navigation and commerce, which +led to the provident measure of the act of the present session laying an +embargo on our own vessels, + +TH. JEFFERSON. + + + +FEBRUARY 4, 1808. + +_To the House of Representatives of the United States_: + +In my message of January 20 I stated that some papers forwarded by Mr. +Daniel Clark, of New Orleans, to the Secretary of State in 1803 had not +then been found in the Office of State, and that a letter had been +addressed to the former chief clerk, in the hope that he might advise +where they should be sought for. By indications received from him they +are now found. Among them are two letters from the Baron de Carondelet +to an officer serving under him at a separate post, in which his views +of a dismemberment of our Union are expressed. Extracts of so much of +these letters as are within the scope of the resolution of the House are +now communicated. With these were found the letters written by Mr. Clark +to the Secretary of State in 1803. A part of one only of these relates +to this subject, and is extracted and inclosed for the information of +the House. In no part of the papers communicated by Mr. Clark, which are +voluminous and in different languages, nor in his letters, have we found +any intimation of the corrupt receipt of money by any officer of the +United States from any foreign agent. As to the combinations with +foreign agents for dismembering the Union, these papers and letters +offer nothing which was not probably known to my predecessors, or which +could call anew for inquiries, which they had not thought necessary to +institute, when the facts were recent and could be better proved. They +probably believed it best to let pass into oblivion transactions which, +however culpable, had commenced before this Government existed, and had +been finally extinguished by the treaty of 1795. + +TH. JEFFERSON. + + + +FEBRUARY 9, 1808. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress, for their information, a letter from the +person acting in the absence of our consul at Naples, giving reason +to believe, on the affidavit of a Captain Sheffield, of the American +schooner _Mary Ann_, that the Dey of Algiers has commenced war +against the United States. For this no just cause has been given on +our part within my knowledge. We may daily expect more authentic and +particular information on the subject from Mr. Lear, who was residing +as our consul at Algiers. + +TH. JEFFERSON. + + + +FEBRUARY 15, 1808. + +_To the Senate and House of Representatives of the United States_: + +I communicate for the information of Congress a letter from the consul +of the United States at Malaga to the Secretary of State, covering one +from Mr. Lear, our consul at Algiers, which gives information that the +rupture threatened on the part of the Dey of Algiers has been amicably +settled, and the vessels seized by him are liberated. + +TH. JEFFERSON. + + + +FEBRUARY 19, 1808. + +_To the Senate and House of Representatives of the United States_: + +The States of Pennsylvania, Maryland, and Virginia having by their +several acts consented that the road from Cumberland to the State of +Ohio, authorized by the act of Congress of the 29th of March, 1806, +should pass through those States, and the report of the commissioners, +communicated to Congress with my message of the 31st January, 1807, +having been duly considered, I have approved of the route therein +proposed for the said road as far as Brownsville, with a single +deviation, since located, which carries it through Uniontown. + +From thence the course to the Ohio and the point within the legal limits +at which it shall strike that river is still to be decided. In forming +this decision I shall pay material regard to the interests and wishes of +the populous parts of the State of Ohio and to a future and convenient +connection with the road which is to lead from the Indian boundary near +Cincinnati by Vincennes to the Mississippi at St. Louis, under authority +of the act of the 21st April, 1806. In this way we may accomplish a +continued and advantageous line of communication from the seat of the +General Government to St. Louis, passing through several very +interesting points of the Western country. + +I have thought it advisable also to secure from obliteration the trace +of the road so far as it has been approved, which has been executed at +such considerable expense, by opening one-half of its breadth through +its whole length. + +The report of the commissioners, herewith transmitted, will give +particular information of their proceedings under the act of the 29th +March, 1806, since the date of my message of the 31st January, 1807, and +will enable Congress to adopt such further measures relative thereto as +they may deem proper under existing circumstances. + +TH. JEFFERSON. + + + +FEBRUARY 25, 1808. + +_To the Senate and House of Representatives of the United States_: + +The dangers to our country arising from the contests of other nations +and the urgency of making preparation for whatever events might affect +our relations with them have been intimated in preceding messages to +Congress. To secure ourselves by due precautions an augmentation of our +military force, as well regular as of volunteer militia, seems to be +expedient. The precise extent of that augmentation can not as yet be +satisfactorily suggested, but that no time may be lost, and especially +at a season deemed favorable to the object, I submit to the wisdom of +the Legislature whether they will authorize a commencement of this +precautionary work by a present provision for raising and organizing +some additional force, reserving to themselves to decide its ultimate +extent on such views of our situation as I may be enabled to present +at a future day of the session. + +If an increase of force be now approved, I submit to their consideration +the outlines of a plan proposed in the inclosed letter from the +Secretary of War. + +I recommend also to the attention of Congress the term at which the act +of April 18, 1806, concerning the militia, will expire, and the effect +of that expiration. + +TH. JEFFERSON. + + + +FEBRUARY 26, 1808. + +_To the Senate and House of Representatives of the United States_: + +I inclose, for the information of Congress, letters recently received +from our ministers at Paris and London, communicating their +representations against the late decrees and orders of France and Great +Britain, heretofore transmitted to Congress. These documents will +contribute to the information of Congress as to the dispositions of +those powers and the probable course of their proceedings toward +neutrals, and will doubtless have their due influence in adopting +the measures of the Legislature to the actual crisis. + +Although nothing forbids the general matter of these letters from being +spoken of without reserve, yet as the publication of papers of this +description would restrain injuriously the freedom of our foreign +correspondence, they are communicated so far confidentially and with +a request that after being read to the satisfaction of both Houses +they may be returned. + +TH. JEFFERSON. + + + +MARCH 1, 1808. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of February 26, I +now lay before them such memorials and petitions for the district of +Detroit, and such other information as is in my possession, in relation +to the conduct of William Hull, governor of the Territory of Michigan, +and Stanley Griswold, esq., while acting as secretary of that Territory. + +TH. JEFFERSON. + + + +MARCH 2, 1808. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of November 30, 1807, +I now transmit a report of the Secretary of State on the subject of +impressments, as requested in that resolution. The great volume of the +documents and the time necessary for the investigation will explain to +the Senate the causes of the delay which has intervened. + +TH. JEFFERSON. + + + +MARCH 7, 1808. + +_To the Senate and House of Representatives of the United States_: + +In the city of New Orleans and adjacent to it are sundry parcels of +ground, some of them with buildings and other improvements on them, +which it is my duty to present to the attention of the Legislature. +The title to these grounds appears to have been retained in the former +sovereigns of the Province of Louisiana as public fiduciaries and for +the purposes of the Province. Some of them were used for the residence +of the governor, for public offices, hospitals, barracks, magazines, +fortifications, levees, etc., others for the townhouse, schools, +markets, landings, and other purposes of the city of New Orleans; some +were held by religious corporations or persons, others seem to have +been reserved for future disposition. To these must be added a parcel +called the Batture, which requires more particular description. It is +understood to have been a shoal or elevation of the bottom of the river +adjacent to the bank of the suburbs of St. Mary, produced by the +successive depositions of mud during the annual inundations of the +river, and covered with water only during those inundations. At all +other seasons it has been used by the city immemorially to furnish +earth for raising their streets and courtyards, for mortar, and other +necessary purposes, and as a landing or quay for unlading firewood, +lumber, and other articles brought by water. This having been lately +claimed, by a private individual, the city opposed the claim on a +supposed legal title in itself; but it has been adjudged that the legal +title was not in the city. It is, however, alleged that that title, +originally in the former sovereigns, was never parted with by them, +but was retained in them for the uses of the city and Province, and +consequently has now passed over to the United States. Until this +question can be decided under legislative authority, measures have been +taken according to law to prevent any change in the state of things and +to keep the grounds clear of intruders. The settlement of this title, +the appropriation of the grounds and improvements formerly occupied for +provincial purposes to the same or such other objects as may be better +suited to present circumstances, the confirmation of the uses in other +parcels to such bodies, corporate or private, as may of right or on +other reasonable considerations expect them, are matters now submitted +to the determination of the legislature. + +The papers and plans now transmitted will give them such information on +the subject as I possess, and being mostly originals, I must request +that they may be communicated from the one to the other House, to answer +the purposes of both. + +TH. JEFFERSON. + + + +MARCH 10, 1808. + +_To the Senate of the United States_: + +A purchase having lately been made from the Cherokee Indians of a +tract of land 6 miles square at the mouth of the Chickamogga, on the +Tennessee, I now lay the treaty and papers relating to it before the +Senate, with an explanation of the views which have led to it. + +It was represented that there was within that tract a great abundance of +iron ore of excellent quality, with a stream and fall of water suitable +for iron works; that the Cherokees were anxious to have works +established there, in the hope of having a better supply of those +implements of household and agriculture of which they have learned the +use and necessity, but on the condition that they should be under the +authority and control of the United States. + +As such an establishment would occasion a considerable and certain +demand for corn and other provisions and necessaries, it seemed +probable that it would immediately draw around it a close settlement +of the Cherokees, would encourage them to enter on a regular life of +agriculture, familiarize them with the practice and value of the arts, +attach them to property, lead them of necessity and without delay to +the establishment of laws and government, and thus make a great and +important advance toward assimilating their condition to ours. At the +same time it offers considerable accommodation to the Government by +enabling it to obtain more conveniently than it now can the necessary +supplies of cast and wrought iron for all the Indians south of the +Tennessee, and for those also to whom St. Louis is a convenient deposit, +and will benefit such of our own citizens likewise as shall be within +its reach. Under these views the purchase has been made, with the +consent and desire of the great body of the nation, although not without +some dissenting members, as must be the case will all collections of +men. But it is represented that the dissentients are few, and under +the influence of one or two interested individuals. It is by no means +proposed that these works should be conducted on account of the United +States. It is understood that there are private individuals ready +to erect them, subject to such reasonable rent as may secure a +reimbursement to the United States, and to such other conditions as +shall secure to the Indians their rights and tranquillity. + +The instrument is now submitted to the Senate, with a request of their +advice and consent as to its ratification. + +TH. JEFFERSON. + + + +MARCH 17, 1808. + +_To the Senate and House of Representatives of the United States_: + +I have heretofore communicated to Congress the decrees of the Government +of France of November 21, 1806, and of Spain of February 19, 1807, with +the orders of the British Government of January and November, 1807. + +I now transmit a decree of the Emperor of France of December 17,1807, +and a similar decree of the 3d of January last by His Catholic Majesty. +Although the decree of France has not been received by official +communication, yet the different channels of promulgation through which +the public are possessed of it, with the formal testimony furnished by +the Government of Spain in their decree, leave us without a doubt that +such a one has been issued. These decrees and orders, taken together, +want little of amounting to a declaration that every neutral vessel +found on the high seas, whatsoever be her cargo and whatsoever foreign +port be that of her departure or destination, shall be deemed lawful +prize; and they prove more and more the expediency of retaining our +vessels, our seamen, and property within our own harbors until the +dangers to which they are exposed can be removed or lessened. + +TH. JEFFERSON. + + + +MARCH 18, 1808. + +_To the Senate and House of Representatives of the United States_: + +The scale on which the Military Academy at West Point was +originally established is become too limited to furnish the number +of well-instructed subjects in the different branches of artillery +and engineering which the public service calls for. The want of such +characters is already sensibly felt, and will be increased with the +enlargement of our plans of military preparation. The chief engineer, +having been instructed to consider the subject and to propose an +augmentation which might render the establishment commensurate with +the present circumstances of our country, has made the report which +I now transmit for the consideration of Congress. + +The idea suggested by him of removing the institution to this place is +also worthy of attention. Besides the advantage of placing it under the +immediate eye of the Government, it may render its benefits common to +the Naval Department, and will furnish opportunities of selecting on +better information the characters most qualified to fulfill the duties +which the public service may call for. + +TH. JEFFERSON. + + + +MARCH 22, 1808. + +_To the Senate and House of Representatives of the United States_: + +At the opening of the present session I informed the Legislature that +the measures which had been taken with the Government of Great Britain +for the settlement of our neutral and national rights and of the +conditions of commercial intercourse with that nation had resulted in +articles of a treaty which could not be acceded to on our part; that +instructions had been consequently sent to our ministers there to resume +the negotiations, and to endeavor to obtain certain alterations, +and that this was interrupted by the transaction which took place +betweenthe frigates _Leopard_ and _Chesapeake_. The call on that +Government for reparation of this wrong produced, as Congress has been +already informed, the mission of a special minister to this country, +and the occasion is now arrived when the public interest permits and +requires that the whole of these proceedings should be made known to +you. + +I therefore now communicate the instructions given to our minister +resident at London and his communications with that Government on +the subject of the _Chesapeake_, with the correspondence which has +taken place here between the Secretary of State and Mr. Rose, the +special minister charged with the adjustment of that difference; the +instructions to our ministers for the formation of a treaty; their +correspondence with the British commissioners and with their own +Government on that subject; the treaty itself and written declaration of +the British commissioners accompanying it, and the instructions given by +us for resuming the negotiation, with the proceedings and correspondence +subsequent thereto. To these I have added a letter lately addressed to +the Secretary of State from one of our late ministers, which, though +not strictly written in an official character, I think it my duty to +communicate, in order that his views of the proposed treaty and of its +several articles may be fairly presented and understood. + +Although I have heretofore and from time to time made such +communications to Congress as to keep them possessed of a general and +just view of the proceedings and dispositions of the Government of +France toward this country, yet in our present critical situation, when +we find that no conduct on our part, however impartial and friendly, has +been sufficient to insure from either belligerent a just respect for our +rights, I am desirous that nothing shall be omitted on my part which may +add to your information on this subject or contribute to the correctness +of the views which should be formed. The papers which for these reasons +I now lay before you embrace all the communications, official or verbal, +from the French Government respecting the general relations between the +two countries which have been transmitted through our minister there, +or through any other accredited channel, since the last session of +Congress, to which time all information of the same kind had from +time to time been given them. Some of these papers have already been +submitted to Congress, but it is thought better to offer them again in +order that the chain of communications of which they make a part may be +presented unbroken. + +When, on the 26th of February, I communicated to both Houses the letter +of General Armstrong to M. Champagny, I desired it might not be +published because of the tendency of that practice to restrain +injuriously the freedom of our foreign correspondence. But perceiving +that this caution, proceeding purely from a regard to the public good, +has furnished occasion for disseminating unfounded suspicions and +insinuations, I am induced to believe that the good which will now +result from its publication, by confirming the confidence and union of +our fellow-citizens, will more than countervail the ordinary objection +to such publications. It is my wish, therefore, that it may be now +published. + +TH. JEFFERSON. + + + +MARCH 22, 1808. + +_To the Senate and House of Representatives of the United States_: + +In a separate message of this date I have communicated to Congress +so much as may be made public of papers which give a full view of +the present state of our relations with the two contending powers, +France and England. Everyone must be sensible that in the details of +instructions for negotiating a treaty and in the correspondence and +conferences respecting it matters will occur which interest sometimes +and sometimes respect or other proper motives forbid to be made public. +To reconcile my duty in this particular with my desire of letting +Congress know everything which can give them a full understanding of the +subjects on which they are to act, I have suppressed in the documents +of the other message the parts which ought not to be made public and +have given them in the supplementary and confidential papers herewith +inclosed, with such references as that they may be read in their +original places as if still standing in them; and when these +confidential papers shall have been read to the satisfaction of the +House, I request their return, and that their contents may not be made +public. + +TH. JEFFERSON. + + + +MARCH 25, 1808. + +_To the Senate and House of Representatives of the United States_: + +In proceeding to carry into execution the act for fortifying our forts +and harbors it is found that the sites most advantageous for their +defense, and sometimes the only sites competent to that defense, are in +some cases the property of minors incapable of giving a valid consent to +their alienation; in others belong to persons who may refuse altogether +to alienate, or demand a compensation far beyond the liberal justice +allowable in such cases. From these causes the defense of our seaboard, +so necessary to be pressed during the present season, will in various +parts be defeated unless a remedy can be applied. With a view to this +I submit the case to the consideration of Congress, who, estimating its +importance and reviewing the powers vested in them by the Constitution, +combined with the amendment providing that private property shall not +be taken for public use without just compensation, will decide on the +course most proper to be pursued. + +I am aware that as the consent of the legislature of the State to the +purchase of the site may not in some instances have been previously +obtained, exclusive legislation can not be exercised therein by Congress +until that consent is given. But in the meantime it will be held under +the same laws which protect the property of individuals and other +property of the United States in the same State, and the legislatures +at their next meetings will have opportunities of doing what will be +so evidently called for by the particular interest of their own State. + +TH. JEFFERSON. + + + +MARCH 25, 1808. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the militia of the United +States according to the latest returns received by the Department of +War. From the State of Delaware alone no return has been made. + +TH. JEFFERSON. + + + +MARCH 25, 1808. + +_To the Senate and House of Representatives of the United States_: + +I transmit to both Houses of Congress a report from the surveyor on the +public buildings of the progress made on them during the last session, +of their present state, and of that of the funds appropriated to them. +These have been much exceeded by the cost of the work done, a fact not +known to me till the close of the season. The circumstances from which +it arose are stated in the report of the surveyor. + +TH. JEFFERSON. + + + +MARCH 29, 1808. + +_To the Senate of the United States_: + +When the convention of the 7th of January, 1806, was entered into with +the Cherokees for the purchase of certain lands, it was believed +by both parties that the eastern limit, when run in the direction +therein prescribed, would have included all the waters of Elk River. +On proceeding to run that line, however, it was found to omit a +considerable extent of those waters, on which were already settled +about 200 families. The Cherokees readily consented, for a moderate +compensation, that the line should be so run as to include all the +waters of that river. Our commissioners accordingly entered into an +explanatory convention for that purpose, which I now lay before the +Senate for consideration whether they will advise and consent to its +ratification. A letter from one of the commissioners, now also inclosed, +will more fully explain the circumstances which led to it. + +Lieutenant Pike on his journey up the Mississippi in 1805-6, being at +the village of the Sioux, between the rivers St. Croix and St. Peters, +conceived that the position was favorable for a military and commercial +post for the United States whenever it should be thought expedient to +advance in that quarter. He therefore proposed to the chiefs a cession +of lands for that purpose. Their desire of entering into connection +with the United States and of getting a trading house established there +induced a ready consent to the proposition, and they made, by articles +of agreement now inclosed, a voluntary donation to the United States of +two portions of land, the one of 9 miles square at the mouth of the St. +Croix, the other from below the mouth of St. Peters up the Mississippi +to St. Anthonys Falls, extending 9 miles in width on each side of the +Mississippi. These portions of land are designated on the map now +inclosed. Lieutenant Pike on his part made presents to the Indians to +some amount. This convention, though dated the 23d of September, 1805, +is but lately received, and although we have no immediate view of +establishing a trading post at that place, I submit it to the Senate for +the sanction of their advice and consent to its ratification, in order +to give to our title a full validity on the part of the United States, +whenever it may be wanting, for the special purpose which constituted +in the mind of the donors the sole consideration and inducement to the +cession. + +TH. JEFFERSON. + + + +MARCH 30, 1808, + +_To the Senate and House of Representatives of the United States_: + +Since my message of the 22d instant letters have been received from our +ministers at Paris and London, extracts from which, with a letter to +General Armstrong from the French minister of foreign relations, and a +letter from the British envoy residing here to the Secretary of State, +I now communicate to Congress. They add to the materials for estimating +the dispositions of those Governments toward this country. + +The proceedings of both indicate designs of drawing us, if possible, +into the vortex of their contests; but every new information confirms +the prudence of guarding against these designs as it does of adhering +to the precautionary system hitherto contemplated. + +TH. JEFFERSON. + + + +APRIL 2, 1808. + +_To the Senate and House of Representatives of the United States_: + +Believing that the confidence and union of our fellow-citizens at the +present crisis will be still further confirmed by the publication of the +letter of Mr. Champagny to General Armstrong and that of Mr. Erskine to +the Secretary of State, communicated with my message of the 30th ultimo, +and therefore that it may be useful to except them from the confidential +character of the other documents accompanying that message, I leave to +the consideration of Congress the expediency of making them public. + +TH. JEFFERSON. + + + +APRIL 8, 1808. + +_To the Senate of the United States_: + +Agreeably to the request of the Senate in their resolution of yesterday, +I have examined my papers and find no letter from Matthew Nimmo of +the date of November 28, 1806, nor any other from him of any date but +that of January 23, 1807, now transmitted, with all the papers in my +possession which accompanied it. Nor do I find any letter from John +Smith, of Ohio, bearing date at any time in the month of January, 1807. + +Having delivered to the Attorney-General all the papers respecting the +conspiracy of Aaron Burr which came to my hands during or before his +prosecution, I might suppose the letters above requested had been +delivered to him; but I must add my belief that I never received such +letters, and the ground of it. I am in the habit of noting daily in the +list kept for that purpose the letters I receive daily by the names of +the writers, and dates of time, and place, and this has been done with +such exactness that I do not recollect ever to have detected a single +omission. I have carefully examined that list from the 1st of November, +1806, to the last of June, 1807, and I find no note within that +period of the receipt of any letter from Matthew Nimmo but that now +transmitted, nor of any one of the date of January, 1807, from John +Smith, of Ohio. The letters noted as received from him within that +period are dated at Washington, February 2, 2, 7, and 21, which I have +examined, and find relating to subjects entirely foreign to the objects +of the resolution of the 7th instant; and others, dated at Cincinnati, +March 27, April 6, 13, and 17, which, not being now in my possession, +I presume have related to Burr's conspiracy, and have been delivered to +the Attorney-General. I recollect nothing of their particular contents. +I must repeat, therefore, my firm belief that the letters of Nimmo of +November 28, 1806, and of John Smith of January, 1807, never came to +my hands, and that if such were written (and Nimmo's letter expressly +mentions his of November 28), they have been intercepted or otherwise +miscarried. + +TH. JEFFERSON. + + + +APRIL 22, 1808. + +_To the Senate and House of Representatives of the United States_: + +I transmit to both Houses of Congress a letter from the envoy of His +Britannic Majesty at this place to the Secretary of State on the subject +of certain British claims to lands in the Territory of Mississippi, +relative to which several acts have been heretofore passed by the +Legislature. + +TH. JEFFERSON. + + + + +PROCLAMATION. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas information has been received that sundry persons are combined +or combining and confederating together on Lake Champlain and the +country thereto adjacent for the purposes of forming insurrections +against the authority of the laws of the United States, for opposing the +same and obstructing their execution, and that such combinations are too +powerful to be suppressed by the ordinary course of judicial proceedings +or by the powers vested in the marshals by the laws of the United +States: + +Now, therefore, to the end that the authority of the laws may be +maintained, and that those concerned, directly or indirectly, in any +insurrection or combination against the same may be duly warned, I have +issued this my proclamation, hereby commanding such insurgents and all +concerned in such combination instantly and without delay to disperse +and retire peaceably to their respective abodes. And I do hereby further +require and command all officers having authority, civil or military, +and all other persons, civil or military, who shall be found within +the vicinage of such insurrections or combinations to be aiding +and assisting by all the means in their power, by force of arms or +otherwise, to quell and subdue such insurrections or combinations, +to seize upon all those therein concerned who shall not instantly and +without delay disperse and retire to their respective abodes, and to +deliver them over to the civil authority of the place, to be proceeded +against according to law. + +[SEAL.] + +In testimony whereof I have caused the seal of the United States to +be affixed to these presents, and signed the same with my hand. + +Given at the city of Washington, the 19th day of April, 1808, and in +the year of the Sovereignty and Independence of the United States the +thirty-second. + +TH. JEFFERSON. + +By the President: + JAMES MADISON, + _Secretary of State_. + + + + +EIGHTH ANNUAL MESSAGE. + + +NOVEMBER 8, 1808. + +_To the Senate and House of Representatives of the United States_: + +It would have been a source, fellow-citizens, of much gratification if +our last communications from Europe had enabled me to inform you that +the belligerent nations, whose disregard of neutral rights has been so +destructive to our commerce, had become awakened to the duty and true +policy of revoking their unrighteous edicts. That no means might be +omitted to produce this salutary effect, I lost no time in availing +myself of the act authorizing a suspension, in whole or in part, of the +several embargo laws. Our ministers at London and Paris were instructed +to explain to the respective Governments there our disposition to +exercise the authority in such manner as would withdraw the pretext on +of which the aggressions were originally founded and open the way for +a renewal of that commercial intercourse which it was alleged on all +sides had been reluctantly obstructed. As each of those Governments had +pledged its readiness to concur in renouncing a measure which reached +its adversary through the incontestable rights of neutrals only, and as +the measure had been assumed by each as a retaliation for an asserted +acquiescence in the aggressions of the other, it was reasonably expected +that the occasion would have been seized by both for evincing the +sincerity of their professions, and for restoring to the commerce of the +United States its legitimate freedom. The instructions to our ministers +with respect to the different belligerents were necessarily modified +with a reference to their different circumstances, and to the condition +annexed by law to the Executive power of suspension, requiring a decree +of security to our commerce which would not result from a repeal of the +decrees of France. Instead of a pledge, therefore, of a suspension of +the embargo as to her in case of such a repeal, it was presumed that +a sufficient inducement might be found in other considerations, and +particularly in the change produced by a compliance with our just +demands by one belligerent and a refusal by the other in the relations +between the other and the United States. To Great Britain, whose power +on the ocean is so ascendant, it was deemed not inconsistent with that +condition to state explicitly that on her rescinding her orders in +relation to the United States their trade would be opened with her, and +remain shut to her enemy in case of his failure to rescind his decrees +also. From France no answer has been received, nor any indication that +the requisite change in her decrees is contemplated. The favorable +reception of the proposition to Great Britain was the less to be +doubted, as her orders of council had not only been referred for +their vindication to an acquiescence on the part of the United States +no longer to be pretended, but as the arrangement proposed, whilst +it resisted the illegal decrees of France, involved, moreover, +substantially the precise advantages professedly aimed at by the +British orders. The arrangement has nevertheless been rejected. + +This candid and liberal experiment having thus failed, and no other +event having occurred on which a suspension of the embargo by the +Executive was authorized, it necessarily remains in the extent +originally given to it. We have the satisfaction, however, to reflect +that in return for the privations imposed by the measure, and which +our fellow-citizens in general have borne with patriotism, it has had +the important effects of saving our mariners and our vast mercantile +property, as well as of affording time for prosecuting the defensive and +provisional measures called for by the occasion. It has demonstrated to +foreign nations the moderation and firmness which govern our councils, +and to our citizens the necessity of uniting in support of the laws +and the rights of their country, and has thus long frustrated those +usurpations and spoliations which, if resisted, involved war; if +submitted to, sacrificed a vital principle of our national independence. + +Under a continuance of the belligerent measures which, in defiance of +laws which consecrate the rights of neutrals, overspread the ocean with +danger, it will rest with the wisdom of Congress to decide on the course +best adapted to such a state of things; and bringing with them, as they +do, from every part of the Union the sentiments of our constituents, my +confidence is strengthened that in forming this decision they will, with +an unerring regard to the essential rights and interests of the nation, +weigh and compare the painful alternatives out of which a choice is to +be made. Nor should I do justice to the virtues which on other occasions +have marked the character of our fellow-citizens if I did not cherish an +equal confidence that the alternative chosen, whatever it may be, will +be maintained with all the fortitude and patriotism which the crisis +ought to inspire. + +The documents containing the correspondences on the subject of the +foreign edicts against our commerce, with the instructions given to +our ministers at London and Paris, are now laid before you. + +The communications made to Congress at their last session explained the +posture in which the close of the discussions relating to the attack +by a British ship of war on the frigate _Chesapeake_ left a subject on +which the nation had manifested so honorable a sensibility. Every view +of what had passed authorized a belief that immediate steps would be +taken by the British Government for redressing a wrong which the more it +was investigated appeared the more clearly to require what had not been +provided for in the special mission. It is found that no steps have been +taken for the purpose. On the contrary, it will be seen in the documents +laid before you that the inadmissible preliminary which obstructed the +adjustment is still adhered to, and, moreover, that it is now brought +into connection with the distinct and irrelative case of the orders in +council. The instructions which had been given to our minister at London +with a view to facilitate, if necessary, the reparation claimed by the +United States are included in the documents communicated. + +Our relations with the other powers of Europe have undergone no material +changes since your last session. The important negotiations with Spain +which had been alternately suspended and resumed necessarily experience +a pause under the extraordinary and interesting crisis which +distinguishes her internal situation. + +With the Barbary Powers we continue in harmony, with the exception of an +unjustifiable proceeding of the Dey of Algiers toward our consul to that +Regency. Its character and circumstances are now laid before you, and +will enable you to decide how far it may, either now or hereafter, call +for any measures not within the limits of the Executive authority. + +With our Indian neighbors the public peace has been steadily maintained. +Some instances of individual wrong have, as at other times, taken +place, but in no wise implicating the will of the nation. Beyond the +Mississippi the loways, the Sacs, and the Alabamas have delivered up +for trial and punishment individuals from among themselves accused of +murdering citizens of the United States. On this side of the Mississippi +the Creeks are exerting themselves to arrest offenders of the same kind, +and the Choctaws have manifested their readiness and desire for amicable +and just arrangements respecting depredations committed by disorderly +persons of their tribe. And, generally, from a conviction that we +consider them as a part of ourselves, and cherish with sincerity their +rights and interests, the attachment of the Indian tribes is gaining +strength daily--is extending from the nearer to the more remote, and +will amply requite us for the justice and friendship practiced toward +them. Husbandry and household manufacture are advancing among them more +rapidly with the Southern than Northern tribes, from circumstances of +soil and climate, and one of the two great divisions of the Cherokee +Nation have now under consideration to solicit the citizenship of the +United States, and to be identified with us in laws and government in +such progressive manner as we shall think best. + +In consequence of the appropriations of the last session of Congress for +the security of our seaport towns and harbors, such works of defense +have been erected as seemed to be called for by the situation of the +several places, their relative importance, and the scale of expense +indicated by the amount of the appropriation. These works will chiefly +be finished in the course of the present season, except at New York and +New Orleans, where most was to be done; and although a great proportion +of the last appropriation has been expended on the former place, yet +some further views will be submitted to Congress for rendering its +security entirely adequate against naval enterprise. A view of what has +been done at the several places, and of what is proposed to be done, +shall be communicated as soon as the several reports are received. + +Of the gunboats authorized by the act of December last, it has been +thought necessary to build only 103 in the present year. These, with +those before possessed, are sufficient for the harbors and waters most +exposed, and the residue will require little time for their construction +when it shall be deemed necessary. + +Under the act of the last session for raising an additional military +force so many officers were immediately appointed as were necessary for +carrying on the business of recruiting, and in proportion as it advanced +others have been added. We have reason to believe their success has been +satisfactory, although such returns have not yet been received as enable +me to present you a statement of the numbers engaged. + +I have not thought it necessary in the course of the last season to call +for any general detachments of militia or of volunteers under the laws +passed for that purpose. For the ensuing season, however, they will be +required to be in readiness should their service be wanted, Some small +and special detachments have been necessary to maintain trie laws of +embargo on that portion of our northern frontier which offered peculiar +facilities for evasion, but these were replaced as soon as it could be +done by bodies of new recruits. By the aid of these and of the armed +vessels called into service in other quarters the spirit of disobedience +and abuse, which manifested itself early and with sensible effect while +we were unprepared to meet it, has been considerably repressed. + +Considering the extraordinary character of the times in which we live, +our attention should unremittingly be fixed on the safety of our +country. For a people who are free, and who mean to remain so, a well +organized and armed militia is their best security. It is therefore +incumbent on us at every meeting to revise the condition of the militia, +and to ask ourselves if it is prepared to repel a powerful enemy at +every point of our territories exposed to invasion. Some of the States +have paid a laudable attention to this object, but every degree of +neglect is to be found among others. Congress alone having the power to +produce an uniform state of preparation in this great organ of defense, +the interests which they so deeply feel in their own and their country's +security will present this as among the most important objects of their +deliberation. + +Under the acts of March 11 and April 23 respecting arms, the difficulty +of procuring them from abroad during the present situation and +dispositions of Europe induced us to direct our whole efforts to the +means of internal supply. The public factories have therefore been +enlarged, additional machineries erected, and, in proportion as +artificers can be found or formed, their effect, already more than +doubled, may be increased so as to keep pace with the yearly increase +of the militia. The annual sums appropriated by the latter act have +been directed to the encouragement of private factories of arms, and +contracts have been entered into with individual undertakers to nearly +the amount of the first year's appropriation. + +The suspension of our foreign commerce, produced by the injustice of +the belligerent powers, and the consequent losses and sacrifices of our +citizens are subjects of just concern. The situation into which we have +thus been forced has impelled us to apply a pbrtion of our industry and +capital to internal manufactures and improvements. The extent of this +conversion is daily increasing, and little doubt remains that the +establishments formed and forming will, under the auspices of cheaper +materials and subsistence, the freedom of labor from taxation with us, +and of protecting duties and prohibitions, become permanent. The +commerce with the Indians, too, within our own boundaries is likely to +receive abundant aliment from the same internal source, and will secure +to them peace and the progress of civilization, undisturbed by practices +hostile to both. + +The accounts of the receipts and expenditures during the year ending +the 30th of September last being not yet made up, a correct statement +will hereafter be transmitted from the Treasury. In the meantime it is +ascertained that the receipts have amounted to near $18,000,000, which, +with the eight millions and a half in the Treasury at the beginning +of the year, have enabled us, after meeting the current demands and +interest incurred, to pay $2,300,000 of the principal of our funded +debt, and left us in the Treasury on that day near $14,000,000. Of +these, $5,350,000 will be necessary to pay what will be clue on the 1st +day of January next, which will complete the reimbursement of the 8 per +cent stock. These payments, with those made in the six years and a half +preceding, will have extinguished $33,580,000 of the principal of the +funded debt, being the whole which could be paid or purchased within the +limits of the law and of our contracts, and the amount of principal thus +discharged will have liberated the revenue from about $2,000,000 of +interest and added that sum annually to the disposable surplus. The +probable accumulation of the surpluses of revenue beyond what can be +applied to the payment of the public debt whenever the freedom and +safety of our commerce shall be restored merits the consideration of +Congress. Shall it lie unproductive in the public vaults? Shall the +revenue be reduced? Or shall it not rather be appropriated to the +improvements of roads, canals, rivers, education, and other great +foundations of prosperity and union under the powers which Congress may +already possess or such amendment of the Constitution as may be approved +by the States? While uncertain of the course of things, the time may be +advantageously employed in obtaining the powers necessary for a system +of improvement, should that be thought best. + +Availing myself of this the last occasion which will occur of addressing +the two Houses of the Legislature at their meeting, I can not omit the +expression of my sincere gratitude for the repeated proofs of confidence +manifested to me by themselves and their predecessors since my call to +the administration and the many indulgences experienced at their hands. +The same grateful acknowledgments are due to my fellow-citizens +generally, whose support has been my great encouragement under all +embarrassments. In the transaction of their business I can not have +escaped error. It is incident to out imperfect nature. But I may say +with truth my errors have been of the understanding, not of intention, +and that the advancement of their rights and interests has been the +constant motive for every measure. On these considerations I solicit +their indulgence. Looking forward with anxiety to their future destinies, +I trust that in their steady character, unshaken by difficulties, in +their love of liberty, obedience to law, and support of the public +authorities I see a sure guaranty of the permanence of our Republic; +and, retiring from the charge of their affairs, I carry with me the +consolation of a firm persuasion that Heaven has in store for our +beloved country long ages to come of prosperity and happiness. + +TH. JEFFERSON. + + + + +SPECIAL MESSAGES. + + +NOVEMBER 8, 1808. + +_To the Senate and House of Representatives of the United States_: + +The documents communicated with my public message of this day contain +such portions of the correspondences therein referred to, of the +ministers of the United States at Paris and London, as relate to the +present state of affairs between those Governments and the United +States, and as may be made public. I now communicate, confidentially, +such supplementary portions of the same correspondences as I deem +improper for publication, yet necessary to convey to Congress full +information on a subject of their deliberations so interesting to +our country. + +TH. JEFFERSON. + + + +NOVEMBER 11, 1808. + +_To the Senate of the United States_: + + * * * * * + +The governor of the Mississippi Territory having thought it expedient +to dissolve the general assembly of that Territory, according to the +authority vested in him by the ordinance of July 13, 1787, and having +declared it dissolved accordingly, some doubt was suggested whether that +declaration effected the dissolution of the legislative council. On +mature consideration and advice I approved of the proceeding of the +governor. The house of representatives of the Territory, since chosen, +have consequently nominated ten persons out of whom a legislative +council should be appointed. I do accordingly nominate and, by and with +the advice and consent of the Senate, shall appoint John Flood McGrew, +Thomas Calvit, James Lea, Alexander Montgomery, and Daniel Burnet, being +five of the said ten persons, to serve as a legislative council for the +said Territory, to continue in office five years, unless sooner removed +according to law. + +TH. JEFFERSON. + + + +DECEMBER 13, 1808. + +_To the Senate and House of Representatives of the United States_: + +I now transmit to both Houses of Congress a report of the commissioners +appointed under the act of March 29, 1806, concerning a road from +Cumberland to Ohio, being a statement of the proceedings under the said +act since their last report communicated to Congress, in order that +Congress may be enabled to adopt such further measures as may be proper +under existing circumstances. + +TH. JEFFERSON. + + + +DECEMBER 23, 1808. + +_To the Senate of the United States_: + +According to the request of the Senate in their resolution of November +14, that copies should be laid before them of all the orders and decrees +of the belligerent powers of Europe, passed since 1791, affecting the +commercial rights of the United States, I now transmit them a report of +the Secretary of State of such of them as have been attainable in the +Department of State and are supposed to have entered into the views of +the Senate. + +TH. JEFFERSON. + + + +DECEMBER 27, 1808. + +_To the Senate of the United States_: + +According to the request expressed by the Senate in their resolution of +November 14, I now transmit a report of the Secretary of the Treasury +and statement showing, as far as returns have been received from the +collectors, the number of vessels which have departed from the United +States with permission, and specifying the other particulars +contemplated by that resolution. + +TH. JEFFERSON. + + + +DECEMBER 30, 1808. + +_To the Senate and House of Representatives of the United States_: + +At the request of the governor, the senate, and house of representatives +of the Commonwealth of Pennsylvania, I communicate certain resolutions +entered into by the said senate and house of representatives, and +approved by the governor, on the 23d instant. It can not but be +encouraging to those whom the nation has placed in the direction of +their affairs to see that their fellow-citizens will press forward +in support of their country in proportion as it is threatened by the +disorganizing conflicts of the other hemisphere. + +TH. JEFFERSON. + + + +DECEMBER 30, 1808. + +_To the Senate and House of Representatives of the United States_: + +I lay before the Legislature a letter from Governor Claiborne on the +subject of a small tribe of Alabama Indians on the western side of the +Mississippi, consisting of about a dozen families. Like other erratic +tribes in that country, it is understood that they have hitherto +moved from place to place according to their convenience, without +appropriating to themselves exclusively any particular territory; but +having now become habituated to some of the occupations of civilized +life, they wish for a fixed residence. I suppose it will be the interest +of the United States to encourage the wandering tribes of that country +to reduce themselves to fixed habitations whenever they are so disposed. +The establishment of towns and growing attachments to them will furnish +in some degree pledges of their peaceable and friendly conduct. The case +of this particular tribe is now submitted to the consideration of +Congress. + +TH. JEFFERSON. + + + +JANUARY 6, 1809. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the works of defense which it +has been thought necessary to provide in the first instance for the +security of our seaport towns and harbors, and of the progress toward +their completion. Their extent has been adapted to the scale of the +appropriation and to the circumstances of the several places. + +The works undertaken at New York are calculated to annoy and endanger +any naval force which shall enter the harbor, and, still more, one +which should attempt to lie before the city. To prevent altogether the +entrance of large vessels, a line of blocks across the harbor has been +contemplated, and would, as is believed, with the auxiliary means +already provided, render that city safe against naval enterprise. The +expense as well as the importance of the work renders it a subject +proper for the special consideration of Congress. + +At New Orleans two separate systems of defense are necessary--the one +for the river, the other for the lake, which at present can give no aid +to one another. The canal now leading from the lake, if continued into +the river, would enable the armed vessels in both stations to unite, and +to meet in conjunction an attack from either side. Half the aggregate +force would then have the same effect as the whole, or the same force +double the effect of what either can now have. It would also enable the +vessels stationed in the lake when attacked by superior force to retire +to a safer position in the river. The same considerations of expense and +importance render this also a question for the special decision of +Congress. + +TH. JEFFERSON. + + + +JANUARY 13, 1809. + +_To the Senate and House of Representatives of the United States_: + +I now render to Congress the account of the fund established for +defraying the contingent expenses of Government for the year 1808. +Of the $20,000 appropriated for that purpose, $2,000 were deposited in +the hands of the Attorney-General of the United States to pay expenses +incident to the prosecution of Aaron Burr and his accomplices for +treason and misdemeanors alleged to have been committed by them; $990 +were paid to the order of Governor Williams on the same account, and +the balance of $17,010 remains in the Treasury unexpended. + +TH. JEFFERSON. + + + +JANUARY 17, 1809. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress certain letters which passed between the +British secretary of state, Mr. Canning, and Mr. Pinkney, our minister +plenipotentiary at London. When the documents concerning the relations +between the United States and Great Britain were laid before Congress at +the commencement of the session, the answer of Mr. Pinkney to the letter +of Mr. Canning had not been received, and a communication of the latter +alone would have accorded neither with propriety nor with the wishes of +Mr. Pinkney. When that answer afterwards arrived it was considered that, +as what had passed by conversation had been superseded by the written +and formal correspondence on the subject, the variance in the two +statements of what had verbally passed was not of sufficient importance +to be made the matter of a distinct and special communication. The +letter of Mr. Canning, however, having lately appeared in print, +unaccompanied by that of Mr. Pinkney in reply, and having a tendency +to make impressions not warranted by the statements of Mr. Pinkney, +it has become proper that the whole should be brought into public view. + +TH. JEFFERSON. + + + +JANUARY 24, 1809. + +_To the Senate of the United States_: + +According to the resolution of the Senate of the 17th instant, I +now transmit them the information therein requested, respecting the +execution of the act of Congress of February 21, 1806, appropriating +$2,000,000 for defraying any extraordinary expenses attending the +intercourse between the United States and foreign nations. + +TH. JEFFERSON. + + + +JANUARY 30, 1809. + +_To the Senate and House of Representatives of the United States_: + +I transmit to Congress a letter recently received from our minister at +the Court of St. James, covering one to him from the British secretary +of state, with his reply. These are communicated as forming a sequel to +the correspondence which accompanied my message to both Houses of the +17th instant. + +TH. JEFFERSON. + + + +FEBRUARY 18, 1809. + +_To the Senate of the United States_: + +I submit a treaty, concluded at Brownstown, in the Territory of +Michigan, between the United States and the Chippewas, Ottawas, +Potawattamies, Wyandots, and Shawnees, on the 25th day of November +last, whereby those tribes grant to the United States two roads, +therein described, for the decision of the Senate whether they will +advise and consent to the ratification of it. + +TH. JEFFERSON. + + + +FEBRUARY 24, 1809. + +_To the Senate of the United States_: + +The Emperor of Russia has on several occasions indicated sentiments +particularly friendly to the United States, and expressed a wish through +different channels that a diplomatic intercourse should be established +between the two countries. His high station and the relations of +Russia to the predominant powers of Europe must give him weight with +them according to the vicissitudes of the war, and his influence in +negotiations for peace may be of value to the United States should +arrangements of any sort affecting them be contemplated by other powers +in the present extraordinary state of the world; and under the constant +possibility of sudden negotiations for peace I have thought that the +friendly dispositions of such a power might be advantageously cherished +by a mission which should manifest our willingness to meet his good +will. I accordingly commissioned in the month of August last William +Short, formerly minister plenipotentiary of the United States at Madrid, +to proceed as minister plenipotentiary to the Court of St. Petersburg, +and he proceeded accordingly; and I now nominate him to the Senate for +that appointment. + +TH. JEFFERSON. + + + +FEBRUARY 25, 1809. + +_To the Senate and House of Representatives of the United States_: + +I now lay before Congress a statement of the militia of the United +States according to the latest returns received by the Department +of War. + +TH. JEFFERSON. + + + + +PROCLAMATION. + + +[From Annals of Congress, Tenth Congress, second session, 462.] + + +WASHINGTON, _December 30, 1808_. + +_The President of the United States to_ ------, _Senator for the +State of_ ------. + +Certain matters touching the public good requiring that the Senate +should be convened on Saturday, the 4th day of March next, you are +desired to attend at the Senate Chamber, in the city of Washington, +on that day, then and there to deliberate on such communications as +shall be made to you. + +TH. JEFFERSON. + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents, by Edited by James D. Richardson + +*** END OF THIS PROJECT GUTENBERG EBOOK THOMAS JEFFERSON *** + +***** This file should be named 10893.txt or 10893.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/0/8/9/10893/ + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + +Each eBook is in a subdirectory of the same number as the eBook's +eBook number, often in several formats including plain vanilla ASCII, +compressed (zipped), HTML and others. + +Corrected EDITIONS of our eBooks replace the old file and take over +the old filename and etext number. The replaced older file is renamed. +VERSIONS based on separate sources are treated as new eBooks receiving +new filenames and etext numbers. + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + +EBooks posted prior to November 2003, with eBook numbers BELOW #10000, +are filed in directories based on their release date. If you want to +download any of these eBooks directly, rather than using the regular +search system you may utilize the following addresses and just +download by the etext year. + + https://www.gutenberg.org/etext06 + + (Or /etext 05, 04, 03, 02, 01, 00, 99, + 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90) + +EBooks posted since November 2003, with etext numbers OVER #10000, are +filed in a different way. The year of a release date is no longer part +of the directory path. The path is based on the etext number (which is +identical to the filename). The path to the file is made up of single +digits corresponding to all but the last digit in the filename. For +example an eBook of filename 10234 would be found at: + + https://www.gutenberg.org/1/0/2/3/10234 + +or filename 24689 would be found at: + https://www.gutenberg.org/2/4/6/8/24689 + +An alternative method of locating eBooks: + https://www.gutenberg.org/GUTINDEX.ALL + + diff --git a/old/10893.zip b/old/10893.zip Binary files differnew file mode 100644 index 0000000..c865d24 --- /dev/null +++ b/old/10893.zip |
