Chapter M: X. again called upon us. He said M. Talleyrand was (29)

The case of the navy yard at this place was brought before the committee. It was the request of the minority that the case should be inquired into. The committee sent to request the Secretary of the Navy to say by what authority the storehouse had been erected here, or from what fund it was paid. The answer was, that the storehouse had been erected out of a fund granted in February, eighteen hundred and one, for completing the seventy-fours, the navy yards, and the docks. The ships had been ordered to be laid up in ordinary at this place, and the navy yard purchased. When the present Secretary of the Navy came into office, he found, that as a navy yard was to be completed here, and as sails, rigging, and other naval stores, must be kept here; and finding that one storehouse was already built, and another begun, here, it would be most prudent to complete that storehouse, as a necessary appendage to a navy yard where shipping would be sent for repairs. To this none of the gentlemen objected, but rather approved; and this is surely a purpose to which the money was appropriated. Whether the other applications are or not, is for the House to decide. The committee have stated the facts.

The gentleman says the accountant of the War Department was satisfied with the accounts of General Wilkins. I did not understand the fact so--vouchers were sent on, but they were not satisfactory.

Mr. BAYARD.--I shall beg the indulgence only of a few words, upon one or two heads, respecting which, the opinion I entertain is decidedly opposed to that expressed by a majority of the committee. I cannot well conceive of a plainer mistake, than what appears in the opinion, pronounced on the purchase of six navy yards, made by the late Secretary of the Navy. The committee, I think, ought to be allowed an opportunity of reviewing that opinion. Four of those six yards are considered as purchased without authority, and the money paid for them misapplied.

By the act of the Legislature, of February, 1799, the Secretary of the Navy was directed to cause to be built six ships, each to carry not less than seventy-four guns; and six sloops-of-war of eighteen guns. For this purpose, a million of dollars was appropriated; two hundred thousand were appropriated to the purchase of land, bearing timber suitable for the navy, and fifty thousand dollars for the making of two docks. These laws, passed on successive days, indicated the design of a permanent Navy Establishment. It was perfectly understood that the ships of the line were not directed to be built for the occasional defence of the country at that period, but were intended as the commencement of a lasting system of defence, which was expected to increase with the growth of the commerce and resources of the country. It was far from our expectation that the Navy of the United States was to be limited to six ships of the line, or to any number within the convenient means of the country, short of a force adequate to render our flag respectable and our navigation secure. It was not supposed that the seventy-fours would be launched for several years, but we had hopes when they left the stocks, a flourishing commerce would enable us to lay the keels of new ships in their places. Under this view were the two hundred thousand dollars appropriated, to the purchase of land producing timber fit for a navy. With this knowledge, so plainly derivable from the policy pursued by the Legislature, what was the Secretary of the Navy to do? It was made his duty to build six seventy-fours and six sloops-of-war. It is surely not expected that they were to be built on the water or in the air, and of consequence it will be allowed that he had authority to provide yards, for the purpose of constructing them. The public had no yards, and it was therefore necessary to obtain ground from individuals. As there were no persons disposed to make charitable grants, it remained only for the United States to purchase ground in fee simple, or for a term of years, paying a gross sum or an annual rent. The act of Congress, directing the ships to be built, appropriated not a dollar either for the renting or for the purchase of land. But a million of dollars were appropriated to the building of the ships, which was directed to be done, but which could not be done without an expenditure for land. Can there be a plainer proposition, than that an appropriation for a certain service, embraces every article without which the service cannot be performed? In the present instance, the service imposed upon the Secretary, could not be performed without obtaining navy yards at the public expense. It therefore rested in his discretion, for the faithful exercise of which he was accountable to the Government, either to purchase or rent the ground, necessary for the yards. It was his duty to conform to the views of the Legislature, and to make such an arrangement as would be most advantageous to the public. If it answered the object, and was most for the interest of the Government to rent, then surely he ought to have rented it; but if it comported more with their views, or was more to their benefit to purchase, it was then his duty to purchase.

This inquiry, however, was never made by the committee. They never asked the question whether it was cheaper to buy or to rent, and they have condemned the Secretary for buying and not renting, when he had no more authority to rent than to buy, and when by buying he has probably saved to the United States several hundred thousand dollars. The situation of this officer is peculiarly hard. Having been directed to build a number of ships for the public service, he has purchased navy yards for the purpose, and in consequence has subjected himself to the accusation of expending public money without authority. If he had rented land for the purpose, he would have been equally liable to the same reproach; and if he had neglected to do either, he would have been exposed to an impeachment. The Secretary has it fully in his power to show, that his purchases will save a large sum of money to the United States. A navy yard, for a seventy-four, cannot be prepared without great expense. Under this head, I am informed by the Secretary, that one hundred thousand dollars were expended on one frigate, the Constellation. This was occasioned in a great degree by leasing the yard. At the expiration of the lease, the public lose the benefit of all their expense in preparing and improving the ground.

In addition to the inference which the Secretary might fairly make, of an authority to purchase ground for the navy yards, if a purchase could be made on cheaper terms than a contract of lease, he had further to consider the intention, plainly manifested by the Legislature, of establishing a system which would require the use of these navy yards at a future time, beyond the duration of any common lease. Nay, he knew not what time was to be consumed in building the ships directed, and of course could not know for what term a contract could be made. At present, if the Government should be disposed to sell the ships on the stocks, they have the power to sell the navy yards, and they will have the same power when the ships are launched; and they may thus convert in effect the permanent purchase into a term for years, and restore to the Treasury the money which has been expended. But, sir, what I consider as the hardest act on the part of the majority of the committee, was their refusal to suffer the answer of the Secretary to the letter we addressed to him, explaining the grounds of his conduct, to accompany the documents annexed to the report. We have been told by the gentleman from Maryland (Mr. NICHOLSON) that it was not the business of the committee to report the opinions of the Secretary, or of any other individual. If this be correct, I believe it was as little the business of the committee to report their own opinions. They should have confined themselves to the statement of facts, and upon those facts have left the House and the nation at large to form their own opinions.

If this course had been pursued, there would have been little occasion to publish the reasoning of Mr. Stoddert; but, as the opinion of the committee is merely their inference from certain premises, it was due to the public, as well as to the Secretary, that the grounds should be explained which had led him to a different conclusion from that adopted by the committee. This report seems, at present, intended only for public information; certainly I must believe to give correct information. The letter of Mr. Stoddert throws great light upon a part of it, and when our object is only to inform the people on a subject, why should we refuse any light which places it more clearly before their eyes?

MONDAY, 5 o'clock P. M., May 3.

_Adjournment._

On motion, _Ordered_, That Mr. GRISWOLD and Mr. SAMUEL SMITH be appointed a committee, on the part of this House, jointly, with such committee as may be appointed on the part of the Senate, to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed recess of Congress.

A message from the Senate informed the House that the Senate have appointed a committee on their part, jointly, with the committee appointed on the part of this House, to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed recess of Congress.

Mr. GRISWOLD, from the committee appointed on the part of this House, jointly, with the committee appointed on the part of the Senate, to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed recess of Congress, reported that the committee had performed that service; and that the PRESIDENT signified to them he had no farther communication to make during the present Session.

_Ordered_, That a message be sent to the Senate, to inform them that this House, having completed the business before them, are now about to adjourn until the first Monday in December next; and that the Clerk of this House do go with the said message.

A message from the Senate informed the House that the Senate, having completed the Legislative business before them, are now ready to adjourn. Whereupon,

The SPEAKER adjourned the House until the first Monday in December next.

SEVENTH CONGRESS.--SECOND SESSION.

BEGUN AT THE CITY OF WASHINGTON, DECEMBER 6, 1802.

PROCEEDINGS IN THE SENATE.

MONDAY, December 6, 1802.

In pursuance of the law of last session, the second session of the seventh Congress commenced this day, at the city of Washington, and the Senate assembled, in their Chamber, at the Capitol.

PRESENT:

SIMEON OLCOTT, from New Hampshire.

URIAH TRACY, from Connecticut.

CHRISTOPHER ELLERY, from Rhode Island.

STEPHEN R. BRADLEY, from Vermont.

SAMUEL WHITE, from Delaware.

ROBERT WRIGHT, from Maryland.

ABRAHAM BALDWIN, from Georgia.

WILLIAM PLUMER, appointed a Senator by the State of New Hampshire, to supply the vacancy occasioned by the resignation of JAMES SHEAFE, produced his credentials, and took his seat in the Senate.

The number of members assembled not being sufficient to form a quorum, the Senate adjourned.

TUESDAY, December 7.

Mr. BRECKENRIDGE, from Kentucky; Mr. FOSTER, from Rhode Island; Mr. HOWARD, from Maryland; and Mr. LOGAN, from Pennsylvania, severally attended.

There being no quorum, the Senate adjourned.

WEDNESDAY, December 8.

The number of members assembled not being sufficient to constitute a quorum, the Senate adjourned.

THURSDAY, December 9.

The number of members assembled not being sufficient to constitute a quorum, the Senate adjourned.

FRIDAY, December 10.

Mr. S. T. MASON, from Virginia, attended.

The number of members assembled not being sufficient to constitute a quorum, the Senate adjourned.

SATURDAY, December 11.

Mr. FRANKLIN, from North Carolina, attended.

The number of members assembled not being sufficient to constitute a quorum, the Senate adjourned.

MONDAY, December 13.

Mr. J. MASON, from Massachusetts; Mr. DAYTON, and Mr. OGDEN, from New Jersey; and Mr. SUMTER, from South Carolina, severally attended.

The VICE PRESIDENT being absent, the Senate proceeded to the choice of a President, _pro tempore_, as the constitution provides, and the ballots being collected and counted, the whole number was found to be 17, of which 9 make a majority.

Mr. Bradley had 7, Mr. Tracy had 7, Mr. Baldwin 1, Mr. Dayton 1, Mr. Logan 1.

There was consequently no choice. Whereupon, the Senate proceeded to the election of a President, _pro tempore_, as the constitution provides, and the ballots being collected and counted, the whole number was found to be 17, of which 9 make a majority.

Mr. Bradley had 8, Mr. Tracy 7, Mr. Dayton 1, Mr. Logan 1.

There was consequently no choice. Whereupon the Senate proceeded to the election of a President _pro tempore_, as the Constitution provides, and the ballots being counted, the whole number was found to be 17, of which 9 make a majority.

Mr. Bradley had 8, Mr. Tracy 7, Mr. Dayton 1, Mr. Logan 1.

There was consequently no choice. Whereupon, the Senate proceeded to the election of a President, _pro tempore_, as the constitution provides, and the ballots being counted, the whole number of votes was 14, of which 8 make a majority.

Mr. Tracy had 7, Mr. Bradley 5, Mr. Dayton 1, Mr. Logan 1.

There was consequently no choice; and the Senate adjourned.

TUESDAY, December 14.

The VICE PRESIDENT being absent, the Senate proceeded to the choice of a President, _pro tempore_, as the constitution provides, and the ballots being collected and counted, the whole number was found to be 17, of which 9 make a majority.

Mr. Bradley had 9, Mr. Tracy 7, Mr. Dayton 1.

Consequently, STEPHEN R. BRADLEY was elected President of the Senate, _pro tempore_.

The credentials of Mr. PLUMER, appointed a Senator by the State of New Hampshire, to supply a vacancy occasioned by the resignation of JAMES SHEAFE, Esq., were read; and the oath prescribed by law was administered to him by the President.

_Ordered_, That the Secretary wait on the President of the United States, and acquaint him that a quorum of the Senate is assembled, and that, in the absence of the VICE PRESIDENT, they have elected STEPHEN R. BRADLEY, President of the Senate, _pro tempore_.

A similar notice was directed to be given to the House of Representatives, and also that the Senate are ready to proceed to business.

On motion, it was agreed to proceed to the choice of a Chaplain on the part of the Senate, and the ballots having been collected and counted, the whole number was 17, of which 9 is the majority.

Doctor Gantt had 10, Mr. M'Cormick 4, Mr. Priestley 2, Mr. Balch 1.

So it was _Resolved_, That the Rev. Dr. GANTT be the Chaplain to Congress, on the part of the Senate, during the present session.

WEDNESDAY, December 15.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

_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 burdens 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
reinforcement, 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 Tallassee country.
In this purchase has been also comprehended a part of the
lands within the fork of Oconee and Ocmulgee 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
twenty-four leagues from east to west, and about the same
length, parallel with and including the Wabash. They have
also ceded a tract of four 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 upwards of eight millions of dollars, principal
and interest, of the public debt, exclusive of upwards 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 four millions
and a half of dollars, 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 practise every useful economy, and to incur no
expense which may be avoided without prejudice.

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 to 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 towards providing the Naval defence which
our situation may require, I cannot 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 practised 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 towards 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 practise with our own, and
impose on our citizens no unnecessary burdens; 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 ourselves 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 a 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.

DECEMBER 15, 1802.

The Message and papers therein referred to were read; and

_Ordered_, That five hundred copies of the Message of the PRESIDENT OF THE UNITED STATES, together with one hundred copies of each of the papers referred to in the Message, be printed for the use of the Senate.

A message from the House of Representatives informed the Senate that the House have elected the Reverend WILLIAM PARKINSON a Chaplain to Congress, on their part.

WEDNESDAY, December 22.

DWIGHT FOSTER, from the State of Massachusetts, attended.

THURSDAY, December 23.

Mr. MORRIS, from the State of New York, attended.

MONDAY, December 27.

Mr. HILLHOUSE, from the State of Connecticut, attended.

THURSDAY, December 30.

Mr. ANDERSON, and Mr. COCKE, from the State of Tennessee, severally attended.

MONDAY, January 3, 1803.

Mr. NICHOLAS, from the State of Virginia, and Mr. WELLS, from the State of Delaware, attended.

FRIDAY, January 7.

Mr. STONE, from North Carolina, attended.

The PRESIDENT communicated a letter signed T. Worthington, agent for the State of Ohio, enclosing a copy of the constitution of the said State, and requesting it might be laid before the Senate; and they were read, and ordered to lie for consideration.

The Senate resumed the consideration of the motion made on the 5th instant for extending the laws of the United States to the State of Ohio, together with the amendment proposed thereon; which amendment was withdrawn; and it was agreed to adopt the motion, amended as follows:

_Resolved_, That a committee be appointed to inquire whether any, and, if any, what Legislative measures may be necessary for admitting the State of Ohio into the Union, or for extending to that State the laws of the United States; and

_Ordered_, That Messrs. BRECKENRIDGE, MORRIS, and ANDERSON, be the committee, and that the letter signed T. Worthington, agent for the State of Ohio, laid before the Senate this morning, together with a copy of the constitution of said State, be referred to the same committee, to consider and report thereon.

The bill to carry into effect the several resolutions of Congress for erecting monuments to the memories of the late Generals Wooster, Herkimer, Davidson, and Scriven, was read the third time.

On motion to postpone the further consideration of this bill until the first Monday in December next, it passed in the negative--yeas 9, nays 17, as follows:

YEAS.--Messrs. Anderson, Baldwin, Bradley, Breckenridge,
Cocke, Ellery, Nicholas, Sumter, and Wright.

NAYS.--Messrs. Clinton, Dayton, T. Foster, D. Foster,
Franklin, Hillhouse, Howard, Jackson, Logan, J. Mason,
Morris, Olcott, Plumer, Stone, Tracy, Wells, and White.

On the question, Shall this bill pass as amended? it was determined in the affirmative--yeas 18, nays 8, as follows:

YEAS.--Messrs. Baldwin, Clinton, Dayton, T. Foster, D.
Foster, Franklin, Hillhouse, Howard, Jackson, Logan, J.
Mason, Morris, Olcott, Plumer, Stone, Tracy, Wells, and
White.

NAYS.--Messrs. Anderson, Bradley, Breckenridge, Cocke,
Ellery, Nicholas, Sumter, and Wright.

So it was _Resolved_, That this bill pass, that it be engrossed, and that the title thereof be "An act to carry into effect the several resolutions of Congress for erecting monuments to the memories of the late Generals Wooster, Herkimer, Davidson, and Scriven."

TUESDAY, January 11.

In Executive session, the following Message was received from the PRESIDENT OF THE UNITED STATES:

_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 a 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.

JAN. 11, 1803.

TH. JEFFERSON.

The Messages and papers therein referred to were read, and ordered that they severally lie for consideration.

MONDAY, January 17.

Mr. BROWN, from the State of Kentucky, attended.

WEDNESDAY, January 19.

AARON BURR, Vice President of the United States, and President of the Senate, attended.

THURSDAY, January 20.

The VICE PRESIDENT laid before the Senate a certificate of the election of SAMUEL M'CLAY, Esq. of Northumberland county, and State of Pennsylvania, to be a Senator of the United States from the fourth day of March next, inclusive; and it was read and ordered to lie on file.

MONDAY, January 24.

The VICE PRESIDENT communicated a letter from the Clerk of the House of Representatives of the State of Delaware, enclosing the credentials of SAMUEL WHITE, Esq., elected a Senator of the United States for the term of six years, commencing on the 4th day of March next; and they were read.

_Ordered_, That they lie on file.

WEDNESDAY, January 26.

JAMES ROSS, from Pennsylvania, attended.

THURSDAY, January 27.

Mr. Ross presented the several representations and memorials of Richard Basset, Egbert Benson, Benjamin Bourne, William Griffith, Samuel Hitchcock, B. P. Key, C. Magill, Jeremiah Smith, G. K. Taylor, William Tilghman, and Oliver Wolcott, judges of the circuit courts under the late act, entitled "An act to provide for the more convenient organization of the Courts of the United States;" stating that, since the repeal of the said act, no law had been made for assigning to them the execution of any Judicial functions, nor has any provision been made for the payment of their stipulated compensations; and most respectfully requesting Congress to review the existing laws with respect to the officers in question; and the memorials were read.

_Ordered_, That they be referred to Messrs. MORRIS, ROSS, and DAYTON, to consider and report thereon, and that the memorials be printed for the use of the Senate. The memorial is as follows

_To the Honorable the Senate and House of Representatives
in Congress assembled_:

The undersigned most respectfully submit the following
resolution and memorial.

By an act of Congress passed on the thirteenth day of
February, in the year of our Lord one thousand eight
hundred and one, entitled "An act to provide for the more
convenient organization of the courts of the United
States," certain judicial offices were created, and courts
established, called circuit courts of the United States.

In virtue of appointments made under the Constitution of
the United States, the undersigned became vested with the
offices so created, and received commissions authorizing
them to hold the same, with the emoluments thereunto
appertaining, during their good behavior.

During the last session an act of Congress passed, by which
the above-mentioned law was declared to be repealed; since
which no law has been made for assigning to your
memorialists the execution of any judicial functions, nor
has any provision been made for the payment of their
stipulated compensations.

Under these circumstances, and finding it expressly
declared in the Constitution of the United States, that
"The judges both of the supreme and inferior courts shall
hold their offices during good behavior, and shall, at
stated times, receive for their services a compensation
which shall not be diminished during their continuance in
office," the undersigned, after the most deliberate
consideration, are compelled to represent it as their
opinion, that the rights secured to them by the
constitution, as members of the Judicial Department, have
been impaired.

With this sincere conviction, and influenced by a sense of
public duty, they most respectfully request of Congress to
review the existing laws which respect the offices in
question, and to define the duties to be performed by the
undersigned, by such provisions as shall be consistent with
the constitution, and the convenient administration of
justice.

The right of the undersigned to their compensations, they
sincerely believe to be secured by the constitution,
notwithstanding any modification of the Judicial
Department, which, in the opinion of Congress, public
convenience may recommend. This right, however, involving a
personal interest, will be cheerfully submitted to Judicial
examination and decision, in such manner as the wisdom and
impartiality of Congress may prescribe.

That judges should not be deprived of their offices or
compensations without misbehavior appears to the
undersigned to be among the first and best established
principles of the American constitutions; and in the
various reforms they have undergone, it has been preserved
and guarded with increased solicitude.

On this basis the Constitution of the United States has
laid the foundation of the Judicial Department, and
expressed its meaning in terms equally plain and
peremptory.

This being the deliberate and solemn opinion of the
undersigned, the duty of their stations requires that they
should declare it to the Legislative body. They regret the
necessity which compels them to make the representation,
and they confide that it will be attributed to a conviction
that they ought not voluntarily to surrender rights and
authorities intrusted to their protection, not for their
personal advantage, but for the benefit of the community.

THURSDAY, February 3.

_Memorial of Judges._

Agreeably to the order of the day, the Senate took into consideration the report of the committee on the several memorials of the judges, under the late act to provide for the more convenient organization of the courts of the United States. The committee report as follows:

That the petitioners were judges of certain courts,
inferior to the Supreme Court, constituted by an act of the
13th of February, 1801, and duly commissioned to hold their
offices during good behavior.

That, while holding and exercising their offices, an act
was passed on the 8th of March last, to repeal the said act
of the 13th of February, 1801, and transfer the duties of
the said judges from them to others.

That a question has arisen whether, by reason of the
premises, the said petitioners be deprived of their
offices.

That this question, depending on the construction of the
laws and Constitution of the United States, is not properly
cognizable by the Senate.

The committee, therefore, conceive it improper either to
give reasons or express opinions; but they consider it as a
question of high and serious import, and believe that a
speedy investigation and final decision is of great moment
to the commonwealth.

Wherefore, they submit the following resolution.

_Resolved_, That the President of the United States be
requested to cause an information, in the nature of a _quo
warranto_, to be filed by the Attorney General against
Richard Basset, one of the said petitioners, for the
purpose of deciding judicially on their claims.

Mr. MORRIS said, I rise, Mr. PRESIDENT, as chairman of the committee whose report you have just had the goodness to read, for the purpose of explaining their reasons. If this were a common or an ordinary occasion, if no heats had been excited, if there were no unpleasant, no tormenting recollections, a measure so plain, so easy, so simple, would require neither argument nor persuasion. It would be adopted for its own interior evidence, and from the general sense of propriety. Unhappily, sir, this is not the case. Serious differences of opinion have existed, and still exist on the subject with which it is connected. From these have arisen disputes, divisions, bickerings. There is not, I fear, in the minds of men, that calm impartiality which is needful to fair investigation. There remains much of prejudice, of irritability.

Your committee have pursued the course which appeared to be proper, not only in itself, but according to the existent circumstances. Gentlemen will easily see that they might have made an elaborate report, containing a long detail of reasons to establish a favorite conclusion; and a slight knowledge of the forms of business will show, that they might have placed that report at length on your journals. But would this have been right? Would it have tended to conciliate? Would it have been a proper return for the unanimity with which your committee was chosen? Surely it would not; and is it not the duty of every good citizen to heal, as far as possible, the wounds of society? To calm those irritations which disturb its repose? To remove all things which may alarm, torment, or exacerbate?

Mr. President, your committee have no intention, no wish to revive a discussion of points already settled. While the act of last session was in agitation, we opposed it steadily, pertinaciously. But that act has become a law, and to the authority of the law we bow submissively. While in suspense, we thought it our duty, as Senators, to oppose it. But since it has been adopted, according to the forms of the constitution, we know that as citizens we are bound to obey. With these deep impressions, then, of what is due to the supreme law of our land, I shall proceed to the report of your committee, and endeavor to explain its several parts.

Gentlemen will perceive that the question which the memorialists have submitted to our investigation is, whether the law of last session has deprived them of their office of judge. Your committee consider this question as not being cognizable by the Senate. It is not for the Senate, nor the Representatives, nor both combined, to interpret their own acts. We are a part of the Legislature. A part of the Executive power is also delegated to us. If the Judiciary be added, it will constitute a tyranny. It is, indeed, the very definition of tyranny which has been given by those best acquainted with the subject. This Senate can have no wish to arrogate power. It is too just, too wise. If a sense of propriety did not prevent, prudence alone would forbid the attempt. This body is too feeble for the exercise of so much authority. Its form, its constitution, the mode and manner of its creation and existence, the strength and structure of its members, render it incapable of sustaining a greater weight of power.

Your committee, sir, have ventured to express their belief, that the question should be speedily settled. I learned in early youth, from the volumes of professional science, that it is expedient for the Commonwealth that a speedy end should be put to litigation; and if it be important that litigation should cease between man and man, how much more important that a litigated point of public right, which interests and agitates the whole community, should be laid at rest? And if this be important in the general course of things, is it not, under present circumstances, indispensable? And how is it to be effected? By an exertion of Legislative might; by force. Remember, force will excite resistance. Such is the nature of the human heart. Free citizens revolt with disdain at the exercise of force. But judgment commands their prompt, their willing obedience. When the law is known, when it is declared by the proper tribunals, all will bow to its authority. You, then, may expect a full, and quiet, and general submission. But while it is litigated and uncertain what the law is, differences will exist, and discord will prevail.

It is under these impressions, sir, that your committee have presumed to offer the resolutions on your table; and as some of the technical terms may not be familiar to every gentleman, it may be proper to state the kind of proceeding which is recommended.

The attorney general, or, as he is denominated in French idiom, the public accuser, will institute, before the proper tribunal, an inquiry by what authority these men claim to hold and exercise the office of judge. It will then be incumbent upon them, either to disclaim the office, and then there is an end of the question; or else (claiming it) to establish their right. And to do this, they must prove two things; first, that the office exists, and secondly, that of right it belongs to them. Failing of either, their claim is gone.

Now, sir, it may be well to consider the decisions which may be made, and their probable effect. I take it for granted, that these gentlemen, who have asked a Judicial decision, will not disclaim, and that whatever judgment may be given in the first instance, the cause will be brought up to the Supreme Court. If the judgment, in the last resort, should be (as it probably would be) against the claim, all complaint will be quieted, and all opposition will cease. Some then, indeed, might triumph. For my own part, I should find in it great consolation--the consolation of knowing that, however wrong may have been my own opinions, the Supreme Legislature of my country have done right. The pride of opinion might, indeed, be wounded; but God forbid, that from motives of pride, or from any other motive, I should hear, without deep concern, that the Legislature of my country have violated that sacred charter from which they derive their authority!

But suppose an opinion different, contrarient, or the very reverse (for that also is possible.) Will the judges rudely declare that you have violated the constitution, unmindful of your duty, and regardless of your oath? No. With that decency which becomes the Judicial character; that decency which upholds national dignity and impresses obedience on the public will; that decency, the handmaid of the graces, which more adorns a magistrate than ermine, aye, than royal robes; with that decency which so peculiarly befits their state and condition, they will declare what the Legislature meant. They will never presume to believe, much less to declare, that you meant to violate the constitution. There will be no dangerous and hateful clashing of public authorities. They will never question the exercise of that high discretion with which you are invested. They will not deny your full supremacy. They will not examine into your motives, nor assign improper views. They will respect you so long as they preserve a due respect for themselves. They will declare, that in assigning duties to one officer, and taking them from another, you have to consult only your own convictions of what the interest or convenience or the people may require. They will modestly conclude, that you did not mean to abolish the offices which the constitution had forbidden you to abolish; and, therefore, finding that it was not your intention to abolish, they will declare that the offices still exist. Such, sir, would be the language of your supreme Judiciary, from the high sense they entertain of their duty. And, if it were decent to suggest in this Senate, that they were lost to a sense of duty, can it be believed, that a few feeble judges will dare oppose themselves to the power of the Legislature?

The VICE PRESIDENT rose, and said he must call the attention of the Senate to the point in discussion, which was, whether the Senate would request the President to cause a process to be instituted for the purpose of ascertaining whether the petitioners still hold the office of judge. On this question, it could not be in order to go back to a law passed at the last session, and to discuss the merits of that law.

Mr. JACKSON said, it appeared by the memorial that the petitioners considered themselves as being still judges, notwithstanding the law of last session. He thought, therefore, it could not be out of order to show that that act deprived them of their offices.

Mr. WRIGHT premised, that he would endeavor to confine his remarks to the point before the Senate. He felt no disposition to travel again over the ground which had been traversed at the last session.

The petition was addressed to both Houses, and prayed for two things; first, that Congress, in their Legislative capacity, would assign to the petitioners some Judicial duties; and secondly, that they would authorize a Judicial investigation of their claim to compensation. The committee, therefore, ought to have confined their inquiries to these points, and to have reported accordingly. Instead of that, they had reported a resolution, which, if adopted, would be neither a grant nor a denial of the prayer of the petition. In doing this, the committee had exceeded their powers, and proposed a measure which the Senate itself was not authorized to adopt.

Mr. W. took a review of the constitutional powers of the Senate, in its Legislative and Executive capacities, and inquired, Have we any constitutional authority to make such a request of the President? In what part of the constitution is such power delegated to this House? Are we to make the request as private gentlemen, or as a constitutional organ of the Government. If as private gentlemen, the act would clearly be a nullity; the President would still be at liberty to comply with the request, or not, as he might think proper. If as a constitutional organ of the Government, where is the power given to the Senate? And what would be the remedy if he should refuse to comply? The Senate is the constitutional adviser of the President in the formation of treaties, and in the appointment of officers, &c. The constitution expressly declares that the President shall exercise these powers by and with the advice and consent of the Senate. Here, then, it is their right and their duty to advise him. But the constitution further says: "He shall take care that the laws be faithfully executed." Have the Senate any authority to advise him as to the faithful execution of the laws? They can go no further than they are expressly commissioned by the constitution. The specification of particular Executive powers, by the constitution, is a denial of all others. _Admissio unius est exclusio alterius_; and, as the constitution has given no power to this effect, it follows that no such power can be exercised by the Senate. If the courts have power to try the validity of laws of Congress, they can exercise that power as well without the authority of this resolution as with it. If they have not the power, neither this House nor the Legislature can give it them. The duties and the powers of the Supreme Court are defined by the constitution. Should the Senate, then, adopt the resolution, the Supreme Court would have no power to act under it, unless that power is given by the constitution. Let us, then, examine the authority of this court. The constitution says: "In all cases affecting Ambassadors, other public Ministers, and Consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction." Will the gentlemen say that these judges are ambassadors, other public ministers or consuls, or that they are a state? If not, the Supreme Court can have no jurisdiction of the case, and the committee have imposed upon the Senate a resolution which they had no authority to submit. As to the law of the last session, by which these judges had been deprived of their offices, Mr. W. had no fear that the Supreme Court, or any body else would attempt to set it aside. The whole nation has approved the measure, as many of those who opposed it have fatally experienced.

The question on agreeing to the resolution was now taken, and determined in the negative--yeas 13, nays 15, as follows:

YEAS.--Messrs. Dayton, Dwight, Foster, Hillhouse, Howard,
J. Mason, Morris, Ogden, Olcott, Plumer, Ross, Tracy,
Wells, and White.

NAYS.--Messrs. Anderson, Baldwin, Bradley, Breckenridge,
Brown, Clinton, Cocke, Ellery, T. Foster, Jackson, Logan,
Nicholas, Stone, Sumter, and Wright.

_Ordered_, That the memorialists have leave to withdraw their memorial.

MONDAY, February 14.

_The Mississippi Question._

After the Senate had finished its deliberations upon the Legislative business before it--

Mr. Ross rose and said, that although he came from a part of the country where the late events upon the Mississippi had excited great alarm and solicitude, he had hitherto forborne the expression of his sentiments, or to bring forward any measure relative to the unjustifiable, oppressive conduct of the officers of the Spanish Government at New Orleans. He had waited thus long in the hope that some person, more likely than himself to conciliate and unite the opinions of a majority of the Senate, would have offered efficacious measures for their consideration; but, seeing the session now drawing to a close, without any such proposition, he could not reconcile a longer silence either to his own sense of propriety or to the duty he owed to his constituents. He would not consent to go home without making one effort, however feeble or unsuccessful, to avert the calamity which threatened the Western country. Present appearances, he confessed, but little justified the hope that any thing he might propose would be adopted, yet it would at least afford him some consolation, hereafter, that he had done his duty, when the storm was approaching, by warning those who had power in their hands of the means which ought to be employed to resist it.