Chapter M: CAMPBELL then rose and spoke as follows (13)

The only mode by which the people of that country can, at this time, convey their produce to market, is by boating it down the river Tennessee into the Ohio, then along that to the Mississippi, and down that river to New Orleans. Our boatmen employed in this trade are obliged to return by land, as the same boats that carry produce down those rivers, cannot ascend them, and there is but little navigation yet, in boats of any kind, up those waters into the State of Tennessee; and no boats of any considerable burden can pass up the river Tennessee, through the Muscle Shoals, to the eastern part of the State. The only route by which those boatmen can now return from New Orleans, is that already stated, on which the mail is conveyed, being between four and five hundred miles more than they would have to travel by the proposed route. The present road also passes over the Cumberland mountain, a part of which is very bad, and a wilderness at this part of the route, subject to the Indian claim, of between seventy and one hundred miles, without inhabitants. It also passes through another wilderness between Nashville and Natchez, subject to the Indian claim, of about four hundred miles, a considerable part of which is stated to be very bad road in winter, and that there are many large water courses to be passed. The difficulties are so great that few of our citizens are willing to embark in this trade, and our farmers, having no convenient vent for their surplus produce, have little or no inducement to industry beyond what may be necessary to produce the ordinary supplies of subsistence. This in a very great degree retards the progress of agriculture, and consequently the prosperity of our country. It is therefore hoped that this House will feel disposed to encourage the farming interests of our infant country by removing those obstacles to its progress that the State authority is incompetent to effect, and that prove so materially injurious to the interests of our citizens. Here it may be proper to remark that this proposed road, so far as it is desired to be established by this measure, passes through a country belonging entirely to the United States, except about sixty miles, and most of it subject to the claim of Indian tribes, being the Mississippi Territory until it enters West Florida, or Orleans Territory. This distance of about sixty miles alluded to, is from Tellico, on the frontiers of the settlements in East Tennessee, to a point beyond the south boundary of that State in the State of Georgia, and near the limits of the Mississippi Territory, being also subject to the Indian claim. A road has already been authorized to be opened in this direction; has been viewed and designated by commissioners appointed for that purpose from our State, at the expense of the State, and it is expected, by this time, has been opened, being designed to afford us a communication with the State of Georgia. This road will answer the proposed route--at least as far as the limits of our State--being, as before stated, about sixty or seventy miles from Tellico, and about one hundred from Knoxville. There will therefore remain only about one hundred miles (or very little more, if any) to be opened, to the point at which the road proposed from Georgia will intersect this route. From this view of the subject, it will appear we do not require the United States to be at any expense in opening a road within the limits of the State of Tennessee, but only to open it through a country belonging exclusively, except the Indian claim, to the United States. With regard to the roads proposed to be opened from Georgia to the Tombigbee settlements, so as to intersect the former road at the most convenient point between Tellico and the said settlements, what has been advanced to show the necessity of the former road will apply with equal force to this. The only route by which the people of Georgia can at present communicate with New Orleans, by means of the mail, or travel to that place along any authorized road, is that already stated, from Knoxville; thence by Natchez to New Orleans; and the people, even on the frontiers of that State, have to travel nearly three hundred miles to Knoxville to take this route, and are not then much, if any, nearer New Orleans than when they set out. This in a great degree cuts off this communication with that country. The road proposed to be opened from Georgia, according to the best information, will intersect the road from Knoxville, near the junction of Coosa and Tallapoosa Rivers, and about two hundred miles, or somewhat more, from the latter place--of which, as already stated, one hundred miles at least are opened, and only about one hundred remain to be opened. The country through which the road from Knoxville will pass, is represented, by those who are acquainted with it, and who have resided many years among the Indian nations that inhabit it, to be a fine, open country, generally dry without being broken by any mountains, and very few streams of any considerable size to be crossed, and no large rivers until you arrive at the Tombigbee. It will pass along the high lands that lie between the waters falling into the Tennessee River, and those that are discharged into the Coosa and Alabama Rivers, and will require but little expense to be made a good road. We hope, therefore, upon viewing all those circumstances, Congress will agree to afford us the aid we require, and which is essentially necessary to enable us to resort to the only market that will compensate our farmers for their industry, encourage agriculture and commerce, and promote the prosperity of our country.

When Mr. W. had concluded, the committee rose, and had leave to sit again.

TUESDAY, February 12.

_Counting Electoral Votes._

On motion it was

_Resolved_, That a committee be appointed on the part of this House, to join such committee as may be appointed on the part of the Senate, to ascertain and report a mode of examining the votes for President and Vice President, and of notifying the persons who shall be elected, of their election; and to regulate the time, place, and manner of administering the oath of office to the President.

_Ordered_, That Mr. JOSEPH CLAY, Mr. VARNUM, Mr. DENNIS, Mr. THOMAS MOORE, and Mr. DICKSON, be appointed a committee, pursuant to said resolution; and that the Clerk of this House do carry the resolution to the Senate, and desire their concurrence.

A message from the Senate notified the House that the Senate will be ready to receive the House of Representatives in the Senate Chamber, on Wednesday, the thirteenth of February, at noon, for the purpose of being present at the opening and counting the votes for President and Vice President of the United States: That one person be appointed a teller on the part of the Senate to make a list of votes for President and Vice President of the United States, as they shall be declared, and that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the Journals, and if it shall appear that a choice had been made agreeably to the constitution, such entry on the Journals shall be deemed a sufficient declaration thereof.

_Amy Dardin._

Mr. CLAIBORNE, from the committee appointed yesterday, presented a bill for the relief of Amy Dardin, and the legal representatives of David Dardin, deceased; which was read twice, and committed to a Committee of the whole House to-morrow.

WEDNESDAY, February 13.

_Counting Electoral Votes._

A message was received from the Senate informing the House that Mr. SMITH of Maryland has been appointed a teller of the votes of President and Vice President of the United States, on the part of the Senate, conformably with their vote of the twelfth instant, and are now ready, in the Senate Chamber, to proceed therein: Whereupon, Mr. SPEAKER, attended by the House, proceeded to the Senate Chamber, and took seats therein; when, both Houses being assembled, the PRESIDENT of the Senate, in the presence of both Houses, proceeded to open the certificates of the Electors of the several States, beginning with the State of New Hampshire; and as the votes were read, the tellers on the part of each House counted and took lists of the same; which, being compared, were delivered to the President of the Senate, and are as follows:

[Given in the Senate proceedings of the same day.]

The PRESIDENT of the Senate, in pursuance of the duty enjoined upon him, announced the state of the votes to both Houses, and declared that THOMAS JEFFERSON, of Virginia, having the greatest number, and a majority of the votes of the Electors appointed, was duly elected President of the United States, for the term commencing on the fourth day of March next; and that GEORGE CLINTON, of New York, having also the greatest number, and a majority of the votes of all the Electors appointed, was duly elected Vice President of the United States, for the term commencing on the fourth day of March next.

The two Houses then separated, and the House of Representatives being returned to their Chamber, Mr. SPEAKER resumed the Chair.

The list of the votes of the Electors for President and Vice President of the United States, as declared by the PRESIDENT of the Senate, and herein before recited, was read at the Clerk’s table.

THURSDAY, February 14.

A new member, to wit, GEORGE CLINTON, jr., returned to serve as a member of this House, for the State of New York, in the place of Samuel L. Mitchill, appointed a Senator of the United States, appeared, produced his credentials, was qualified, and took his seat in the House.

MONDAY, February 18.

_Ordered_, That Mr. ROGER GRISWOLD, Mr. J. CLAY, Mr. BLACKLEDGE, Mr. HUGER, and Mr. NICHOLAS R. MOORE, be appointed of the said committee, on the part of this House; and that the Clerk of this House do carry the said resolution to the Senate, and desire their concurrence.

The House proceeded to the further consideration of the bill authorizing the Secretary of War to issue military land warrants, and for other purposes, to which the Committee of the whole House, to whom it had been committed, reported no amendment, on the thirteenth instant; and the said bill being twice read and amended at the Clerk’s table, was, together with the amendments, ordered to be engrossed, and read the third time to-morrow.

The House resolved itself into a Committee of the Whole on the bill for the relief of Philip Nicklin and Robert Eaglesfield Griffith; and, after some time spent therein, the committee rose, reported progress, and were discharged from the further consideration thereof, and the bill was recommitted to the Committee of Commerce and Manufactures.

TUESDAY, February 19.

_Richard Taylor._

The House resolved itself into a Committee of the Whole on the report of the Committee of Claims, of the thirteenth instant, to whom was referred the memorial of Richard Taylor, of the State of Kentucky; and, after some time spent therein, the committee rose and reported a resolution thereupon; which was twice read, and agreed to by the House, as follows:

_Resolved_, That the prayer of the memorial of Richard Taylor
is reasonable, and ought to be granted.

_Ordered_, That a bill, or bills, be brought in, pursuant to the said resolution; and that the Committee of Claims do prepare and bring in the same.

FRIDAY, March 1.

_Presidential Oath of Office._

The SPEAKER laid before the House a letter addressed to him signed, “Th. Jefferson,” notifying, that “he shall take the oath which the constitution prescribes to the President of the United States, before he enters on the execution of his office, on Monday, the fourth instant, at twelve o’clock, in the Senate Chamber.”

Ordered to lie on the table.

_Eodem Die, 4 o’clock, P. M._

_Removal of Federal Judges._

On a motion made by Mr. JOHN RANDOLPH, that the House do come to the following resolution:

_Resolved, by the Senate and House of Representatives of the
United States of America in Congress assembled, two-thirds
of both Houses concurring_, That the following article
be submitted to the Legislatures of the several States,
which, when ratified and confirmed by the Legislatures of
three-fourths of the said States, shall be valid and binding,
as a part of the Constitution of the United States:

The judges of the Supreme and all other Courts of the United
States, shall be removed by the President, on the joint address
of both Houses of Congress, requesting the same, any thing
in the Constitution of the United States to the contrary
notwithstanding:

A motion was made and seconded that the said proposed resolution be referred to the consideration of a Committee of the whole House; and the question being taken thereupon, it was resolved in the affirmative--yeas 68, nays 33, as follows:

YEAS.--Willis Alston, jr., Isaac Anderson, David Bard, William
Blackledge, Walter Bowie, Adam Boyd, Robert Brown, Joseph
Bryan, William Butler, Levi Casey, Thomas Claiborne, Joseph
Clay, George Clinton, jun., John Clopton, Frederick Conrad,
Jacob Crowninshield, Richard Cutts, John Dawson, John B.
Earle, Peter Early, John W. Eppes, William Findlay, John
Fowler, Peterson Goodwyn, Andrew Gregg, John A. Hanna, Josiah
Hasbrouck, Jas. Holland, David Holmes, John G. Jackson, Walter
Jones, Nehemiah Knight, Michael Leib, J. B. C. Lucas, Andrew
McCord, William McCreery, Nicholas R. Moore, Thomas Moore,
Jeremiah Morrow, Roger Nelson, Thomas Newton, jun., Joseph H.
Nicholson, Gideon Olin, Beriah Palmer, Oliver Phelps, John
Randolph, John Rea of Pennsylvania, John Rhea of Tennessee,
Jacob Richards, Samuel Riker, Cæsar A. Rodney, Thomas Sammons,
Ebenezer Seaver, James Sloan, John Smilie, Henry Southard,
Richard Stanford, Joseph Stanton, John Stewart, David Thomas,
Philip R. Thompson, Isaac Van Horne, Joseph B. Varnum, Matthew
Walton, John Whitehill, Alexander Wilson, Richard Wynn, and
Thomas Wynns.

NAYS.--Nathaniel Alexander, Simeon Baldwin, Silas Betton,
William Chamberlin, Martin Chittenden, Clifton Claggett,
Manasseh Cutler, Samuel W. Dana, John Davenport, Thomas Dwight,
James Elliot, Ebenezer Elmer, Calvin Goddard, Gaylord Griswold,
Roger Griswold, Seth Hastings, William Helms, John Hoge, Benj.
Huger, Simon Larned, Thomas Lowndes, Nahum Mitchell, Erastus
Root, William Stedman, Samuel Taggart, Benjamin Tallmadge,
Samuel Tenney, Samuel Thatcher, George Tibbits, Killian K. Van
Rensselaer, Peleg Wadsworth, Lemuel Williams, and Marmaduke
Williams.

Another motion was made, and the question being put, that the said resolution be the order of the day for the first Monday in December next, it was resolved in the affirmative.

_Recall of Senators._

On a motion made by Mr. NICHOLSON,

_Resolved_, That the following article, when adopted by
two-thirds of both Houses of Congress, and by the Legislatures
of three-fourths of the respective States, shall become a part
of the Constitution of the United States, viz:

That the Legislature of any State may, whenever the said
Legislature shall think proper, recall, at any period whatever,
any Senator of the United States, who may have been elected
by them; and whenever a vote of the Legislature of any State,
vacating the seat of any Senator of the United States, who may
have been elected by the said State, shall be made known to the
Senate of the United States, the seat of such Senator shall
thenceforth be vacated:

A motion was made and seconded, that the said proposed resolution be referred to the consideration of a Committee of the whole House; and the question being taken thereupon, it was resolved in the affirmative--yeas, 53, nays 46, as follows:

YEAS.--Willis Alston, junior, Isaac Anderson, David Bard,
Walter Bowie, Robert Brown, Joseph Bryan, William Butler, Levi
Casey, Thomas Claiborne, Joseph Clay, George Clinton, jun.,
John Clopton, Frederick Conrad, John Dawson, John B. Earle,
Peter Early, J. W. Eppes, Peterson Goodwyn, Andrew Gregg, John
A. Hanna, Josiah Hasbrouck, Joseph Heister, James Holland,
David Holmes, Nehemiah Knight, Michael Leib, Andrew McCord,
William McCreery, Nicholas R. Moore, Thomas Moore, Jeremiah
Morrow, Roger Nelson, Anthony New, Thomas Newton, jun., Joseph
H. Nicholson, Gideon Olin, Beriah Palmer, John Randolph, John
Rea of Pennsylvania, John Rhea of Tennessee, Jacob Richards,
Thomas Sammons, Ebenezer Seaver, James Sloan, Richard Stanford,
Joseph Stanton, John Stewart, Philip R. Thompson, Abram Trigg,
John Whitehill, Alexander Wilson, Richard Wynn, and Thomas
Wynns.

NAYS.--Nathaniel Alexander, Simeon Baldwin, Silas Betton,
William Blackledge, Adam Boyd, William Chamberlin, Martin
Chittenden, Clifton Claggett, Jacob Crowninshield, Manasseh
Cutler, Richard Cutts, John Davenport, Thomas Dwight, James
Elliot, Ebenezer Elmer, William Findlay, John Fowler, Gaylord
Griswold, Roger Griswold, Seth Hastings, William Helms, David
Hough, Benjamin Huger, John G. Jackson, William Kennedy, Simon
Larned, Thomas Lowndes, John B. C. Lucas, Nahum Mitchell,
Oliver Phelps, Erastus Root, John Smilie, Henry Southard,
William Stedman, Samuel Taggart, Benjamin Tallmadge, Samuel
Tenney, Samuel Thatcher, David Thomas, George Tibbits, Killian
K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, Lemuel
Williams, and Marmaduke Williams.

Another motion was then made, and the question being put, that the said resolution be the order of the day for the first Monday in December next, it was resolved in the affirmative--yeas 70, nays 28.

SATURDAY, March 2.

The House resolved itself into a Committee of the Whole on the bill, sent from the Senate, entitled “An act to amend an act, entitled ‘An act for imposing more specific duties on the importation of certain articles; and, also, for levying and collecting light money on foreign ships or vessels,’” to which the Committee of Ways and Means, to whom it had been referred, reported no amendment, on the eighteenth of January last; and, after some time spent therein, the Committee reported the same to the House without amendment.

The House then proceeded to consider the said bill: Whereupon a motion was made and seconded that the further consideration thereof be postponed until the first Monday in December next, and the question being put thereon, it passed in the negative--yeas 43, nays 46, as follows:

YEAS.--David Bard, Silas Betton, Adam Boyd, William Butler,
John Campbell, William Chamberlin, Martin Chittenden, Clifton
Claggett, Frederick Conrad, Samuel W. Dana, John Davenport,
Thomas Dwight, James Elliot, Ebenezer Elmer, John W. Eppes,
Calvin Goddard, Peterson Goodwyn, Andrew Gregg, Gaylord
Griswold, Roger Griswold, John Hoge, David Hough, Benjamin
Huger, Samuel Hunt, John G. Jackson, Thomas Lowndes, John B. C.
Lucas, Nahum Mitchell, Beriah Palmer, Thomas Plater, John Rea
of Pennsylvania, John Rhea of Tennessee, Thomas Sammons, Thomas
Sanford, Henry Southard, Richard Stanford, William Stedman,
John Stewart, Samuel Taggart, Benj. Tallmadge, Samuel Tenney,
Samuel Thatcher, and George Tibbits.

NAYS.--Willis Alston, jun., Nathaniel Alexander, Isaac
Anderson, William Blackledge, Walter Bowie, Robert Brown,
Joseph Clay, Matthew Clay, John Clopton, Jacob Crowninshield,
John Dawson, John Fowler, Josiah Hasbrouck, James Holland,
David Holmes, William Kennedy, Nehemiah Knight, Simon Larned,
Michael Leib, Matthew Lyon, Andrew McCord, William McCreery,
Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, Roger Nelson,
Anthony New, Thomas Newton, jr., Joseph H. Nicholson, Gideon
Olin, John Randolph, Thomas Mann Randolph, Jacob Richards,
James Sloan, John Smilie, Joseph Stanton, Philip R. Thompson,
Abram Trigg, Joseph B. Varnum, John Whitehill, Lemuel Williams,
Alexander Wilson, Richard Wynn, Joseph Winston, and Thomas
Wynns.

And then the main question being taken, that the said bill do pass, it was resolved in the affirmative.

An engrossed bill further to provide for the accommodation of the President of the United States, was read the third time, and passed.

A message from the Senate informed the House that the Senate have passed a bill, entitled “An act supplementary to an act, entitled ‘An act making an appropriation for carrying into effect the Convention between the United States of America and His Britannic Majesty;’” to which they desire the concurrence of this House.

_Eodem Die, 5 o’clock, P. M._

A message from the Senate informed the House that the Senate have passed the bill, entitled “An act supplementary to the act, entitled ‘An act making provision for the disposal of the public lands in the Indiana Territory, and for other purposes,’” with an amendment; to which they desire the concurrence of this House; also, the bill, entitled “An act further to alter and establish certain post roads, and for other purposes,” with several amendments; to which they desire the concurrence of this House.

The House proceeded to consider the amendment proposed by the Senate to the bill, entitled “An act supplementary to the act, entitled ‘An act making provision for the disposal of the public lands in the Indiana Territory and for other purposes:’” Whereupon,

_Resolved_, That this House doth agree to the said amendment.

SUNDAY, March 3.

_Importation of Slaves._

Mr. VARNUM, one of the members for the State of Massachusetts, presented to the House a letter from the Governor of the said State, enclosing an attested copy of two concurrent resolutions of the Senate and House of Representatives of the State of Massachusetts, passed the fifteenth of February in the present year, “instructing the Senators and requesting the Representatives in Congress, from the said State, to take all legal and necessary steps, to use their utmost exertions, as soon as the same is practicable, to obtain an amendment to the Federal Constitution, so as to authorize and empower the Congress of the United States to pass a law, whenever they may deem it expedient, to prevent the further importation of slaves from any of the West India islands, from the coast of Africa, or elsewhere, into the United States, or any part thereof:” Whereupon, a motion was made and seconded, that the House do come to the following resolution:

_Resolved, by the Senate and House of Representatives of the
United States of America in Congress assembled, two-thirds of
both Houses concurring_, That the following article be proposed
to the Legislatures of the several States, as an amendment to
the Constitution of the United States, which, when ratified by
three-fourths of the said Legislatures, shall be valid to all
intents and purposes, as a part of the said constitution, to
wit:

“That the Congress of the United States shall have power to
prevent the further importation of slaves into the United
States and the Territories thereof.”

The said proposed resolution was read, and ordered to lie on the table.

_Commodore Preble._

The resolutions sent from the Senate, “expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen, and marines, of his squadron,” together with the amendments agreed to this day, were read the third time; and on the question that the same do pass, it was unanimously resolved in the affirmative.

_Eodem Die, 5 o’clock, P. M._

A message from the Senate informed the House that the Senate insist on their amendments disagreed to by this House to the bill, entitled “An act making an appropriation for the payment of witnesses summoned on the part of the United States, in support of the impeachment of Samuel Chase,” and desire a conference with this House on the subject-matter of the said amendments; to which conference the Senate have appointed managers, on their part.

The Senate have agreed to the amendments proposed by this House to the resolutions “expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen, and marines, of his squadron,” with amendments; to which they desire the concurrence of this House.

_Divorces._

The order of the day for the House to resolve itself into a Committee of the Whole on the bill to authorize the Circuit Court of the District of Columbia to decree divorces in certain cases, being called for, a motion was made, and the question being put, that the said order of the day be postponed until the first Monday in December next, it was resolved in the affirmative.

A motion was then made and seconded, that the House do come to the following resolutions:

_Resolved_, That the Clerk of this House be, and he is
hereby, directed to pay out of the contingent fund of this
House, to every witness summoned on behalf of the House of
Representatives, to attend the Senate in support of the
impeachment of Samuel Chase, for every day’s attendance, the
sum of three dollars, and the further sum of twenty cents for
each mile in coming from and returning to his place of abode.

_Resolved_, That the Clerk be likewise directed to pay, out
of the said fund, any other expense incurred by order of the
managers of the said impeachment, and certified by their
chairman.

On which motion, various efforts were made to obtain a decision of the House on the previous question, “that the House do now proceed to consider the said motion;” but no result could, in any instance, be obtained for the want of a quorum.

_Adjournment._

After which, a quorum being present,

A message from the Senate informed the House, that the Senate have appointed a committee, on their part, jointly with such committee as may be 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.

The House proceeded to consider the foregoing message of the Senate, and

_Resolved_, That this House do agree to the same, and that Mr. JOHN RANDOLPH, Mr. HUGER, and Mr. NELSON, be appointed of the said committee, on the part of this House.

Mr. JOHN RANDOLPH, 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 that he had no further communication to make during the present session.

A message from the Senate informed the House that the Senate, having finished the legislative business before them, are now ready to adjourn.

_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, without day; and that the Clerk of this House do go with the said message.

The Clerk, accordingly, went with the said message; and, being returned,

The SPEAKER adjourned the House, _sine die_.[27]

NINTH CONGRESS.--FIRST SESSION.

BEGUN AT THE CITY OF WASHINGTON, DECEMBER 2, 1805.

PROCEEDINGS IN THE SENATE.

LIST OF MEMBERS OF THE SENATE.

_New Hampshire._--William Plumer, Nathaniel Gilman.

_Vermont._--Stephen R. Bradley, Israel Smith.

_Massachusetts._--John Quincy Adams, Timothy Pickering.

_Rhode Island_.--James Fenner, Benjamin Howland.

_Connecticut._--James Hillhouse, Uriah Tracy.

_New York._--Samuel L. Mitchill, John Smith.

_New Jersey._--John Condit, Aaron Kitchel.

_Pennsylvania._--George Logan, Samuel Maclay.

_Delaware._--Samuel White, James A. Bayard.

_Maryland._--Samuel Smith, Robert Wright.

_Virginia._--Andrew Moore.

_North Carolina._--David Stone, James Turner.

_South Carolina._--Thomas Sumter, John Gaillard.

_Georgia._--Abraham Baldwin, James Jackson.

_Tennessee._--Daniel Smith, Joseph Anderson.

_Kentucky._--Buckner Thruston, John Adair.

_Ohio._--Thomas Worthington, John Smith.

MONDAY, December 2, 1805.

The first session of the Ninth Congress conformably to the Constitution of the United States, commenced this day, at the city of Washington, and the Senate assembled.

PRESENT:

WILLIAM PLUMER and NICHOLAS GILMAN, from New Hampshire.

JOHN QUINCY ADAMS and TIMOTHY PICKERING, from Massachusetts.

JAMES HILLHOUSE and URIAH TRACY, from Connecticut.

JAMES FENNER, from Rhode Island.

STEPHEN R. BRADLEY and ISRAEL SMITH, from Vermont.

SAMUEL L. MITCHILL, from New York.

JOHN CONDIT and AARON KITCHEL, from New Jersey.

GEORGE LOGAN and SAMUEL MACLAY, from Pennsylvania.

SAMUEL WHITE, from Delaware.

SAMUEL SMITH, from Maryland.

DAVID STONE, from North Carolina.

THOMAS SUMTER and JOHN GAILLARD, from South Carolina.

ABRAHAM BALDWIN, from Georgia.

DAVID SMITH, from Tennessee.

THOMAS WORTHINGTON, from Ohio.

The VICE PRESIDENT being absent, the Senate proceeded to the election of a President _pro tem._, as the constitution provides, and the Honorable SAMUEL SMITH was appointed.

The credentials of the following Senators were read, viz:

Of ABRAHAM BALDWIN, appointed a Senator by the Legislature of the State of Georgia, for the term of six years, from the 3d day of March last; of JAMES A. BAYARD, appointed a Senator by the Legislature of the State of Delaware, for the term of six years, from the 3d day of March last; of JAMES FENNER, appointed a Senator by the Legislature of the State of Rhode Island, for the term of six years, from the 3d day of March last; of NICHOLAS GILMAN, appointed a Senator by the Legislature of the State of New Hampshire, for the term of six years, from the 3d day of March last; of AARON KITCHEL, appointed a Senator by the Legislature of the State of New Jersey, to serve during the term limited by the constitution; of TIMOTHY PICKERING, appointed a Senator by the Legislature of the State of Massachusetts, for the term of six years, to commence on the 4th day of March last; of DANIEL SMITH, appointed a Senator by the Legislature of the State of Tennessee, for the term of six years, from the 3d of March last; and of BUCKNER THRUSTON, appointed a Senator by the Legislature of the State of Kentucky.

The oath was administered by the President to the following Senators, as the law prescribes: Mr. BALDWIN, Mr. FENNER, Mr. GILMAN, Mr. KITCHEL, Mr. PICKERING, and Mr. SMITH of Tennessee; also, to Mr. SUMTER, appointed a Senator by the Legislature of the State of South Carolina, for the term of six years, commencing on the 4th day of March last.

_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 the Honorable SAMUEL SMITH President of the Senate _pro tempore_.

_Ordered_, That the Secretary make a like communication to the House of Representatives.

_Ordered_, That Messrs. SUMTER and MITCHILL be a committee, on the part of the Senate, with such committee as the House of Representatives may appoint on their part, to wait on the President of the United States and notify him that a quorum of the two Houses is assembled, and ready to receive any communication that he may be pleased to make to them.

TUESDAY, December 3.

JOSEPH ANDERSON, from the State of Tennessee; BUCKNER THRUSTON, from the State of Kentucky; and ROBERT WRIGHT, from the State of Maryland, attended.

A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled, and have appointed NATHANIEL MACON, Esq., one of the Representatives for North Carolina, their Speaker, and are ready to proceed to business. The House of Representatives have appointed a committee on their part, jointly with the committee appointed on the part of the Senate, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them. The House of Representatives agree to the resolution of the Senate for the appointment of two Chaplains.

Mr. SUMTER reported, from the committee appointed yesterday to wait on the President of the United States, that they had performed the service, and that the President of the United States informed the committee that he would make his communications to the two Houses at twelve o’clock this day.

The oath prescribed by law was administered to Mr. THRUSTON.

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

_To the Senate and House of Representatives of the United
States of America_:

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 towards our peaceable
country threatens that even that may not be unaffected by
what is passing on the general theatre, 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.

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 pretence 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 nowise 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 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.

Considerable provision has been made, under former authorities
from Congress, of materials for the construction of ships of
war of seventy-four guns. These materials are on hand, subject
to the further will of the Legislature.

An immediate prohibition of the exportation of 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 a 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, cannot 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 ensure 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 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
for ever 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 thirteen
millions of dollars, 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, upwards
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, towards 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 eight
millions of dollars, appropriated to the funded debt, and
meeting all the current demands which may be expected, will
enable us to pay the whole sum of three millions seven hundred
and fifty thousand dollars, assumed by the French convention,
and still leave us a surplus of nearly a million of dollars 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 the 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 co-operate 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 despatch 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.

DECEMBER 3, 1805.

The Message was read and three hundred copies thereof ordered to be printed for the use of the Senate.

WEDNESDAY, December 4.

_Chaplain._

The Senate proceeded to the election of a Chaplain, on their part, in pursuance of the resolution of the two Houses, and the ballots being collected, were, for Doctor GANTT, 15; Bishop CLAGGETT, 5; Mr. MCCORMICK, 2. So the Reverend Doctor GANTT was elected a Chaplain to Congress, on the part of the Senate, during the present session.

MONDAY, December 9.

JAMES JACKSON, from the State of Georgia, attended.

JOHN ADAIR, appointed a Senator by the Legislature of the State of Kentucky, in place of John Breckenridge, Esq., resigned, produced his credentials, which were read; and the oath prescribed by law having been administered, he took his seat in the Senate.

A confidential Message was received from the PRESIDENT OF THE UNITED STATES, as follows:

_To the Senate and House of Representatives of the United
States_:

The depredations which have 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 offence
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 mean
time, 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
wrong-doer; 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 6, 1805.

The Message was read, and ordered to lie for consideration.

TUESDAY, December 10.

ANDREW MOORE, from the State of Virginia, attended.

MONDAY, December 16.

GEORGE CLINTON, Vice President of the United States and President of the Senate, attended.

JOHN SMITH, from the State of Ohio, also attended.

FRIDAY, December 20.

JOHN SMITH, from the State of New York, attended.

_Trade with St. Domingo._

Agreeably to notice given on the 18th instant, Mr. LOGAN asked leave to bring in a bill to suspend the commercial intercourse between the United States of America and the French island of St. Domingo.

Mr. L. observed that the attention of Congress had been called to this subject by the President of the United States, at the commencement of the last session of Congress, in the following words:

“While noticing the irregularities committed on the ocean by
others, those on our own part should not be omitted, nor left
unprovided for. Complaints have been received, that persons
residing within the United States have taken on themselves to
arm merchant vessels, and to force a commerce into certain
ports and countries in defiance of the laws of those countries.
That individuals should undertake to wage private war,
independently of the authority of their country, cannot be
permitted in a well-ordered society. Its tendency to produce
aggressions 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.”

Mr. L. observed that the commerce as carried on by the citizens of the United States is not only a violation of the law of nations, which the United States as an independent nation is bound to obey, but is in direct violation of a treaty made in 1800, between the United States and France--a treaty on the most liberal principles as to the rights of neutrals, and highly advantageous and honorable to both nations.

To remedy the evils complained of, a law was enacted during the last session of Congress to regulate the clearance of armed merchant vessels; this act has operated as a deception, as, since the publication of the law, the trade with St. Domingo has been carried on to as great if not greater extent than formerly. The only merit of the arming law is, that in a national view it removes the responsibility from the individual who may be engaged in the trade, to the Government by which it is authorized.