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PROCEEDINGS AND DEBATES
THE SENATE OF THE UNITED STATES,
AT THE FIRST SESSION OF THE EIGHTH CONGRESS, BEGUN AT THE CITY OF
WASHINGTON, MONDAY, OCTOBER 17, 1803.
Monday, October 17, 1803.
Consequently, the honorable John BROWN was The first session of the eighth Congress, con- elected President of the Senate pro tempore. formably to the Constitution of the United States, The credentials of the following Senators were commenced at the City of Washington, agreea- severally read, to wit: bly to the Proclamation of the President of the Of Joseph AndERSON, appointed a Senator by United States for that purpose; and the Senate the Legislature of the State of Tennessee; of assembled on this day.
Theodorus Bailey, appointed a Senator by the
Legislature of the State of New York; of JAMES PRESENT:
Hillhouse, appointed a Senator by the LegislaSimeon Olcott and William Plumer, from ture of the State of Connecticut; of SAMUEL MANew Hampshire;
CLAY, appointed a Senator by the Legislature of Timothy PICKERING, from Massachusetts; the State of Pennsylvania; of Samuel I. POTTER,
James Hillhouse and Urian Tracy, from appointed a Senator by the Legislature of the Connecticut;
State of Rhode Island; of Israel Smith, apChristopher ELLERY and SAMUEL I. POTTER, pointed a Senator by the Legislature of the State from Rhode Island;
of Vermont; of SAMUEL White, appointed a Stephen R. BRADLEY and Israel Smith, from Senator by the Legislature of the State of DelVermont;
aware; for the term of six years from and after Dewitt CLINTON and THEODORUS Bailey, the third day of March last, respectively: also, from New York;
of Thomas WORTHINGTON, appointed a SenaJONATHAN Dayton and John Condit, from tor by the Legislature of the State of Ohio; of New Jersey;
John Condit, appointed a Senator by the ExecuGeorge Logan and Samuel Maclay, from tive of the State of New Jersey; of John TarPennsylvania;
LOR, appointed a Senator by the Executive of the William Hill Wells and SAMUEL White, State of Virginia, in place of S. T. Mason, defrom Delaware;
ceased; of Timothy PICKERING, appointed a SenRobert Wright and SAMUEL Smith, from ator by the Legislature of the State of MassaMaryland;
chusetis, in the place of Dwight Foster, resigned; John Taylor and Wilson CAREY Nicholas, and the oath required by law was, by the Presifrom Virginia ;
Dent, administered to them respectively. John Brown and John BRECKENRIDGE, from The oath was also administered to Samuel Kentucky;
Smith, appointed a Senator by the Legislature of JESSE FRANKLIN and David Stone, from North the State of Maryland, for the term of six years Carolina;
from and after the third day of March last. Joseph ANDERSON and William Cocke, from Ordered, That the Secretary wait on the PresiTennessee;
dent of the United States and acquaint him that ABRAHAM Baldwin, from Georgia ; and a quorum of the Senate is assembled, and that, in Thomas WORTHINGTON, from Ohio.
the absence of the Vice PRESIDENT, they have The Vice PRESIDENT being absent, the Senate elected the Hon. John Brown, President of the proceeded to the election of a President pro tem., Senate pro tempore. as the Constitution provides, and the ballots being The Secretary was directed to give a similar collected and counted, the whole number was notice to the House of Representatives. found to be twenty-nine, of which fifteen make a Resolved, That James MATHERS, Sergeant-atmajority. Mr. Brown had 24, Mr. Baldwin 2, Arms and Doorkeeper to the Senate, be, and he is Mr. DAYTON 2, and Mr. PICKERING 1.
hereby, authorized to employ one additional as281919
OCTOBER, 1803. sistant and two horses, for the purpose of perform the continuance of that privation would be more ining such services as are usually required by the jurious to our nation than any consequences which Doorkeeper to the Senate; and that the sum of could flow from any mode of redress; but, reposing just twenty-eight dollars be allowed him weekly for confidence in the good faith of the Government whose that purpose during the session, and for twenty able representations were resorted to, and the right of
officer had committed the wrong, friendly and reasondays after.
Resolved, That each Senator be supplied during deposit was restored. the present session with three such newspapers: unaware of the danger to which our peace would be
Previous, however, to this period, we had not been printed in any of the States, as he
may choose, provided that the same be furnished at the usual perpetually exposed whilst so important a key to the com
merce of the western country remained under a foreign rate for the annual charge of such papers. Power. Difficulties too were presenting themselves as
A message from the House of Representatives to the navigation of other streams, which arising withinformed the Senate that a quorum of the House in our territories, pass through those adjacent. Propohad assembled, and had elected the Hon. NATHAN- sitions had therefore been authorized for obtaining, on IEL Macon their Speaker, and is ready to proceed fair conditions, the sovereignty of New Orleans, and of to business.
other possessions in that quarter, interesting to our Ordered, That Messrs. CLINTON and BRECKEN- quiet, to such extent as was deemed practicable; and RIDGE be a committee on the part of the Senate, the provisional appropriation of two millions of dollars, together with such committee as the House of to be applied and accounted for by the President of the Representatives may appoint on their part, to wait United States, intended as part of the price, was conon the President of the United States, and notify sidered as conveying the sanction of Congress to the him that a quorum of the two Houses is assem- acquisition proposed. The enlightened Government bled, and ready to receive any communications of France saw, with just discernment, the importance
to both nations of such liberal arrangements as might that he may be pleased to make to them. A message from the House of Representatives friendship of both; and the property and sovereignty
best and permanently promote the peace, interests, and informed the Senate, that the House agree to the of all Louisiana, which had been restored to them, has, resolution of the Senate for the appointment of a
on certain conditions, been transferred to the United joint committee to wait on the President of the States, by instruments bearing date the 30th of April United States, and have appointed a committee last. When these shall have received the Constituon their part.
tional sanction of the Senate, they will, without delay, On motion, Resolved, That two Chaplains, of be communicated to the Representatives for the exerdifferent denominations, be appointed to Congress cise of their functions, as to those conditions which are for the present session, one by each House, who within the powers vested by the Constitution in Conshall interchange weekly.
gress. Whilst the property and sovereignty of the Ordered, That the Secretary desire the concur- Mississippi and its waters secure an independent outrence of the House of Representatives in this let for the produce of the Western States, and an unconresolution.
trolled navigation through their whole course, free from The Senate proceeded to the choice of a Chap- collision with other Powers, and the dangers to our lain on their part, and the ballots having been peace from that source, the fertility of the country, its collected and counted, the whole number was aids to our Treasury, an ample provision for our pos
climate and extent, promise, in due season, important twenty-eight; of which fifteen make a majority. Mr. Gantt had 15 votes, and Mr. M'CORMICK 13. terity, and a wide spread for the blessings of freedom
and equal laws. Consequently, the Rev. Dr. Gantt was elected. Mr. Clinton reported, from the joint commit- those ulterior measures which may be necessary for the
With the wisdom of Congress it will rest to take tee appointed for the purpose, that they had waited immediate occupation and temporary government of the on the President of the United States, and that he country; for its incorporation into our Union; for renhad acquainted them that he would make a com- dering the change of government a blessing to our newmunication to the two Houses, by message, im- | ly adopted brethren; for securing to them the rights of mediately.
conscience and of property; for confirming to the Indian The following Message was received from the inhabitants their occupancy and self-government, estabPRESIDENT OF THE UNITED STATES:
lishing friendly and commercial relations with them, and for ascertaining the geography of the country ac
quired. Such materials for your information relative Representatives of the
to its affairs in general, as the short space of time has In calling you together, fellow-citizens, at an earlier permitted me to collect, will be laid before you when day than was contemplated by the act of the last ses- the subject shall be in a state for your consideration. sion of Congress, I have not been insensible to the per- Another important acquisition of territory has also sonal inconveniences necessarily resulting from an un- been made since the last session of Congress. The friendexpected change in your arrangements. But matters ly tribe of Kaskaskia Indians, with which we have never of great public concernment have rendered this call ne- had a difference, reduced by the wars and wants of cessary, and the interest you feel in these will super- savage life to a few individuals, unable to defend themsede, in your minds, all private considerations. selves against the neighboring tribes, has transferred
Congress witnessed, at their late session, the extra- its country to the United States, reserving only for ordinary agitation produced in the public mind by the its members what is sufficient to maintain them in an suspension of our right of deposit at the port of New agricultural way. The considerations stipulated are, Orleans, no assignment of another place having been that we shall extend to them our patronage and promade according to treaty. They were sensible that 'tection, and give them certain annual aids, in money,
To the Senate and House ile United States :
in implements of agriculture, and other articles of their which, remaining untouched, are still applicable to that choice. This country, among the most fertile within object, and go in diminution of the sum to be funded for it. our limits, extending along the Mississippi from the Should the acquisition of Louisiana be Constitutionmouth of the Illinois to and up the Ohio, though not ally confirmed and carried into effect, a sum of nearly so necessary as a barrier since the acquisition of the thirteen millions of dollars will then be added to our other bank, may yet be well worthy of being laid open public debt, most of which is payable after fifteen years; to immediate settlement, as its inhabitants may descend before which term, the present existing debts will all be with rapidity in support of the lower country, should discharged by the established operation of the Sinking future circumstances expose that to foreign enterprise, Fund. When we contemplate the ordinary annual As the stipulations in this treaty also involve matters augmentation of impost from increasing population and within the competence of both Houses only, it will be wealth, the augmentation of the same revenue by its laid before Congress as soon as the Senate shall have extension to the new acquisition, and the economies advised its ratification.
which may still be introduced into our public expendiWith many of the other Indian tribes improvements tures, I cannot but hope that Congress, in reviewing in agriculture and household manufacture are advance their resources, will find means to meet the intermediate ing; and, with all, our peace and friendship are es- interest of this additional debt, without recurring to new tablished on grounds much firmer than heretofore. The taxes; and applying to this object only the ordinary measure adopted of establishing trading-houses among progression of our revenue, its extraordinary increase them, and of furnishing them necessaries in exchange in times of foreign war will be the proper and sufficient for their commodities at such moderate prices as leave fund for any measures of safety or precaution which no gain, but cover us from loss, has the most concilia- that state of things may render necessary in our neutory and useful effect on them, and is that which will tral position. best secure their peace and good will.
Remittances for the instalments of our foreign debt The small vessels authorized by Congress, with a view having been found practicable without loss, it has not to the Mediterranean service, have been sent into that I been thought expedient to use the power, given by a sea, and will be able more effectually to confine the former act of Congress, of continuing them by re-loans, Tripoline cruisers within their harbors, and supersede and of redeeming, instead thereof, equal sums of domesthe necessity of convoy to our commerce in that quarter. tic debt, although no difficulty was found in obtaining They will sensibly lessen the expenses of that service that accommodation. the ensuing year.
The sum of fifty thousand dollars appropriated by A further knowledge of the ground in the northeast- Congress for providing gun boats remains unexpended. ern and northwestern angles of the United States has The favorable and peaceable turn of affairs on the Misevinced that the boundaries established by the treaty sissippi rendered an immediate execution of that law of Paris, between the British territories and ours in unnecessary; and time was desirable in order that the those parts, were too imperfectly described to be sus- | institution of that branch of our force might begin on ceptible of execution. It has therefore been thought models the most approved by experience. The same worthy of attention, for preserving and cherishing the issue of events dispensed with a resort to the appropriharmony and useful intercourse subsisting between the ation of a million and a half of dollars, contemplated for two nations, to remove, by timely arrangements, what purposes which were effected by happier means. unfavorable incidents might otherwise render a ground
We have seen with sincere concern the flames of of future misunderstanding. A convention has there war lighted up again in Europe, and nations, with fore been entered into, which provides for a practicable which we have the most friendly and useful relations, demarcation of those limits, to the satisfaction of both engaged in mutual destruction. While we regret the parties.
miseries in which we see others involved, let us bow An account of the receipts and expenditures of the with gratitude to that kind Providence, which, inspiring year ending 30th September last, with the estimates with wisdom and moderation our late Legislative Counfor the service of the ensuing year, will be laid before cils, while placed under the urgency of the greatest you by the Secretary of the Treasury, so soon as the wrongs, guarded us from hastily entering into the sanreceipts of the last quarter shall be returned from the guinary contest, and left us only to look on and to pity more distant States. It is already ascertained that the its ravages. These will be the heaviest on those imamount paid into the Treasury for that year has been mediately engaged. Yet the nations pursuing peace between eleven and twelve millions of dollars; and that will not be exempt from all evil. In the course of this the revenue accrued, during the same term, exceeds conflict let it be our endeavor, as it is our interest and the sum counted on as sufficient for our current ex- desire, to cultivate the friendship of the belligerent penses, and to extinguish the public debt within the nations by every act of justice, and of innocent kindperiod heretofore proposed.
ness; to receive their armed vessels with hospitality The amount of debt paid for the same year is about from the distresses of the sea, but to administer the three million one hundred thousand dollars, exclusive means of annoyance to none; to establish in our harof interest, and making, with the payment of the pre- bors such a police as may maintain law and order; to ceding year, a discharge of more than eight millions and restrain our citizens from embarking individually in a a half of dollars of the principal of that debt, besides war in which their country takes no part; to punish the accruing interest: and there remain in the Treasury severely those persons, citizen or alien, who shall usurp nearly six millions of dollars. Of these, eight hundred the cover of our flag for vessels not entitled to it, infectand eighty thousand have been reserved for payment ing thereby with suspicion those of real Americans, and of the first instalment due under the British convention committing us into controversies for the redress of of January 8th, 1802, and two millions are what have wrongs not our own; to exact from every nation the obserbeen before mentioned as placed by Congress, under vance, towards our vessels and citizens, of those princithe power and accountability of the President, towards ples and practices which all civilized people acknowthe price of New Orleans, and other territories acquired, ledge; to merit the character of a just nation, and
maintain that of an independent one, preferring every
THURSDAY, October 20. consequence to insult and habitual wrong. Congress
The Senate assembled, and, after the considerawill consider whether the existing laws enable us effi- tion of Executive business, adjourned. caciously 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 modifica
Friday, October 21. tions necessary for these objects. Some contraventions of right have already taken place, both within our
John Quincy Adams, appointed a Senator by jurisdictional limits, and on the high seas. The friend the Legislature of the State of Massachusetts, for ly disposition of the Governments from whose agents six years, commencing the 4th day of March last, they have proceeded, as well as their wisdom and regard produced his credentials, which were read; and for justice, leave us in reasonable expectation that they the oath required by law was administered to him will be rectified and prevented in future; and that no by the President. act will be countenanced by them which threatens to Mr. WORTHINGTON presented the memorial of disturb our friendly intercourse. Separated by a wide Joseph Harrison and others, citizens of the United ocean from the nations of Europe, and from the political States, residing in that part of the Indiana Terriinterests which entangle them together, with produc- tory which lies north of an east and west line tions and wants which render our commerce and extending through the southerly bend of Lake friendship useful to them, and theirs to us, it cannot be Michigan, praying that that district may be erectthe interest of any to assail us, nor ours to disturb them. ed into a separate government; and the memorial We should be most unwise, indeed, were we to cast
was read. away the singular blessings of the position in which nature has placed us, the opportunity she has endowed
Ordered, That it be referred to Messrs. WORTHus with, of pursuing, at a distance from foreign con
INGTON, BRECKENRIDGE, and Franklin, to contentions, the paths of industry, peace, and happiness;
sider and report thereon. of cultivating general friendship, and of bringing colli
A message from the House of Representatives sions of interest to the umpire of reason rather than of informed the Senate that the House concur in the force. How desirable, then, must it be; in a Govern- resolution of the Senate, of the 17th instant, for ment like ours, to see its citizens adopt, individually, the appointment of Chaplains, and have appointed the views, the interests, and the conduct, which their the Rev. William Parkinson Chaplain to Concountry should pursue, divesting themselves of those gress on their part. passions and partialities which tend to lessen useful Mr. Clinton, after a few prefatory observations friendships, and to embarras and enbroil us, in the on the necessity of designating the persons, severcalamitous scenes of Europe! Confident, fellow-citi- ally, whom the people should wish to hold the zens, that you will duly estimate the importance of offices of President' and Vice President of the neutral dispositions towards the observance of neutral United States, and stating that the State which conduct, that you will be sensible how much it is our he represented, as well as others of the Union, duty to look on the bloody arena spread before us, with had, through the medium of their Legislatures, commisseration, indeed, but with no other wish than to strongly recommended the adoption of the princisee it closed, I am persuaded you will cordially cherish ple, laid on the table the following motion, which these dispositions in all discussions among yourselves; he read; and it was made the order of the day for and in all communications with your constituents; and the next day, and printed. I anticipate, with satisfaction, the measures of wisdom which the great interests now committed to you will Resolved, by the Senate and House of Representatives give you an opportunity of providing, and myself, that of the United States of America in Congress assembled, of approving and of carrying into execution with the two-thirds of both Houses concurring, That the followfidelity I owe to my country.
ing amendment be proposed to the Legislatures of the Oct. 17, 1803.
TH. JEFFERSON. several States as an amendment to the Constitution of The Message was read, and five hundred copies of the said Legislatures, shall be valid to all intents
the United States, which, when ratified by three-fourths thereof ordered to be printed for the use of the Senate.
and purposes, as part of the said Constitution, to wit:
That the third paragraph of the first section of the
second article of the Constitution of the United States, Tuesday, October 18.
in the words following, to wit: “The Electors shall PIERCE BUTLER, appointed a Senator by the meet in their respective States and vote by ballot for Legislature of the Siate of South Carolina, for habitant of the same State with themselves. And they
two persons, of whom one at least shall not be an inthe unexpired time for which the late John Ew- shall make a list of all the persons voted for, and of the ing Colhoun was elected to serve, produced his number of votes for each, which list they shall sign credentials, which were read, and the oath required and certify, and transmit sealed to the seat of Governby law was administered to him by the President. ment of the United States, directed to the President of
JAMES Jackson, from the State of Georgia, the Senate. The President of the Senate shall, in the attended.
presence of the Senate and House of Representatives, The credentials of Samuel Smith, a Senator open all the certificates, and the votes shall then be from the State of Maryland, were read.
counted. The person having the greatest number of votes shall be the President, if such number be a ma
jority of the whole number of Electors appointed, and Wednesday, October 19.
if there be more than one who have such majority, and The Senate spent the day in the consideration have an equal number of votes, then the House of Repof Executive business.
resentatives shall immediately choose by ballot one of