Chapter M: CAMPBELL then rose and spoke as follows (36)

The House proceeded to consider the amendment proposed by the Senate to the bill, entitled “An act repealing the acts laying duties on salt, and continuing in force, for a further time, the first section of the act, entitled ‘An act further to protect the commerce and seamen of the United States against the Barbary Powers;’” and the same being again twice read, was, on the question put thereupon, agreed to by the House.

An engrossed bill making compensation for extra services to the Governor, Judges, and Secretary of the Indiana Territory, was read the third time, and passed.

_Resolved_, That the Clerk of the House of Representatives be directed, within one month after the close of the present session of Congress, to advertise three weeks successively, in two newspapers, printed in the District of Columbia, that he is ready to receive separate proposals for supplying the House of Representatives, for the next Congress, with the necessary stationery, printing, and wood for fuel, in manner prescribed by two resolutions, passed by the House of Representatives, the first on the twenty-eighth of February, one thousand eight hundred and five, and the other on the twenty-first of April, one thousand eight hundred and six.

_Thanks to the Speaker, and Adjournment._

On motion of Mr. GREGG, it was resolved unanimously, that the thanks of this House be presented to NATHANIEL MACON, in testimony of their approbation of his conduct in the discharge of the arduous and important duties assigned to him whilst in the Chair: Whereupon,

Mr. SPEAKER made his acknowledgments to the House, in manner following:

“_Gentlemen_: It has been my constant endeavor to perform
faithfully the promise made to you two years ago, to discharge
the trust reposed in me with industry and fidelity. For the
resolution which you have this minute passed, I earnestly beg
of you to accept my sincere thanks; permit me also to assure
you, that it will be always remembered with gratitude. I wish
you safe home, and a happy meeting with your friends.”

Mr. VARNUM, 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 he 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, Mr. SPEAKER adjourned the House _sine die_.

TENTH CONGRESS.--FIRST SESSION.

BEGUN AT THE CITY OF WASHINGTON, OCTOBER 26, 1807

PROCEEDINGS IN THE SENATE.

LIST OF MEMBERS OF THE SENATE.

_New Hampshire._--Nicholas Gilman, Nahum Parker.

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

_Vermont._--Stephen R. Bradley, Jonathan Robinson.

_Rhode Island._--Benjamin Howland, Elisha Mathewson

_Connecticut._--James Hillhouse, Chauncey Goodrich.

_New York._--Samuel L. Mitchill.

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

_Pennsylvania._--Samuel Maclay, Andrew Gregg.

_Maryland_.--Samuel Smith, Philip Reed.

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

_Virginia_.--Andrew Moore, William B. Giles.

_North Carolina_.--James Turner, Jesse Franklin.

_South Carolina_.--Thomas Sumter, John Gaillard.

_Georgia_.--John Milledge, (Geo. Jones,) Wm. H. Crawford.

_Ohio_.--Edward Tiffin, John Smith.

_Kentucky_.--Buckner Thruston, John Pope.

_Tennessee_.--Joseph Anderson, Daniel Smith.

A PROCLAMATION

_By the President of the United States of America._

Whereas great and weighty matters claiming the consideration
of the Congress of the United States form an extraordinary
occasion for convening them, I do by these presents appoint
Monday the twenty-sixth day of October next for their meeting
at the City of Washington; hereby requiring the respective
Senators and Representatives then and there to assemble in
Congress, in order to receive such communications as may then
be made to them, and to consult and determine on such measures
as in their wisdom may be deemed meet for the welfare of the
United States.

In testimony whereof, I have caused the seal of the United
States to be hereunto affixed, and signed the same with my hand.

Done at the city of Washington, the thirtieth day of July, in
the year of our Lord one thousand eight hundred and seven, and
in the thirty-second year of the Independence of the United
States.

[L.S.]

TH. JEFFERSON.

By the President:

JAMES MADISON, _Secretary of State_.

MONDAY, October 26, 1807.

Conformably to the above Proclamation of the President of the United States, of the 30th July last, the First Session of the Tenth Congress commenced this day, at the city of Washington, and the Senate assembled, in their Chamber, in the Capitol.

PRESENT:

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

NICHOLAS GILMAN, from New Hampshire.

JOHN QUINCY ADAMS and TIMOTHY PICKERING, from Massachusetts.

BENJAMIN HOWLAND, from Rhode Island.

STEPHEN R. BRADLEY, from Vermont.

SAMUEL L. MITCHILL, from New York.

JOHN CONDIT and AARON KITCHEL, from New Jersey.

SAMUEL MACLAY and ANDREW GREGG, from Pennsylvania.

SAMUEL WHITE, from Delaware.

SAMUEL SMITH and PHILIP REED, from Maryland.

JAMES TURNER, from North Carolina.

THOMAS SUMTER, from South Carolina.

JOHN MILLEDGE, from Georgia.

BUCKNER THRUSTON, from Kentucky.

JOSEPH ANDERSON and DANIEL SMITH, from Tennessee.

JESSE FRANKLIN, appointed a Senator by the Legislature of the State of North Carolina, for the term of six years, commencing on the fourth day of March last; GEORGE JONES, appointed a Senator by the Executive of the State of Georgia, to fill the vacancy occasioned by the death of Abraham Baldwin; NAHUM PARKER, appointed a Senator by the Legislature of the State of New Hampshire, for the term of six years, commencing on the fourth day of March last; JONATHAN ROBINSON, appointed a Senator by the Legislature of the State of Vermont, to supply the place of Israel Smith, whose seat has become vacant; and EDWARD TIFFIN, appointed a Senator by the Legislature of the State of Ohio, for the term of six years, commencing on the fourth day of March last, respectively took their seats, and produced their credentials, which were read; and the oath prescribed by law was administered to them.

JOHN POPE, appointed a Senator by the State of Kentucky, for the term of six years, commencing on the fourth of March last, stated that the Governor and Secretary being absent when he left home, he came to the seat of Government without his credentials; but that he expected they would be speedily forwarded to him: whereupon, he took his seat in the Senate, and the oath was administered to him as the law prescribes. The oath was also administered to Messrs. BRADLEY, GREGG, MILLEDGE, and REED, their credentials having been read and filed during the last session.

_Ordered_, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business.

_Ordered_, That Messrs. ANDERSON and BRADLEY be a committee on the part of the Senate, together 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 communications that he may be pleased to make to them.

On motion, it was

_Resolved_, That each Senator be supplied, during the present session, with three such newspapers, printed in any of the States, as he may choose; provided that the same be furnished at the usual rate for the annual charge of such papers; and provided, also, that if any Senator shall choose to take any newspapers, other than daily papers, he shall be supplied with as many such papers as shall not exceed the price of three daily papers.

On motion, it was

_Resolved_, That JAMES MATHERS, Sergeant-at-Arms and Doorkeeper to the Senate, be, and he is hereby, authorized to employ one Assistant and two horses, for the purpose of performing such services as are usually required by the Doorkeeper to the Senate; and that the sum of twenty-eight dollars be allowed him, weekly, for that purpose, to commence with and remain during the session, and for twenty days after.

On motion, it was

_Resolved_, That two Chaplains, of different denominations, be appointed to Congress during the present session, one by each house, who shall interchange weekly.

_Ordered_, That the Secretary desire the concurrence of the House of Representatives in this resolution.

A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled, and have elected JOSEPH B. VARNUM, one of the Representatives for Massachusetts, their Speaker, and are ready to proceed to business. They 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 Senate adjourned to 11 o’clock to-morrow morning.

TUESDAY, October 27.

Mr. ANDERSON reported, from the joint committee, that they had waited on the President of the United States, agreeably to the resolution of yesterday, and that the President informed the committee that he would make a communication to the two Houses this day, at 12 o’clock.

_President’s Annual Message._

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

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

Circumstances, fellow-citizens, which seriously threatened the
peace of our country, have made it a duty to convene you at an
earlier period than usual. The love of peace, so much cherished
in the bosoms of our citizens, which has so long guided the
proceedings of their public councils, and induced forbearance
under so many wrongs, may not ensure our continuance in the
quiet pursuits of industry. The many injuries and depredations
committed on our commerce and navigation upon the high seas for
years past, the successive innovations on those principles of
public law which have been established by the reason and usage
of nations as the rule of their intercourse, and the umpire and
security of their rights and peace, and all the circumstances
which induced the extraordinary mission to London, are already
known to you. The instructions given to our Ministers were
framed in the sincerest spirit of amity and moderation. They
accordingly proceeded, in conformity therewith, to propose
arrangements which might embrace and settle all the points
in difference between us, which might bring us to a mutual
understanding on our neutral and national rights, and provide
for a commercial intercourse on conditions of some equality.
After long and fruitless endeavors to effect the purposes of
their mission, and to obtain arrangements within the limits
of their instructions, they concluded to sign such as could
be obtained, and to send them for consideration, candidly
declaring to their other negotiators at the same time that
they were acting against their instructions, and that their
Government therefore could not be pledged for ratification.
Some of the articles proposed might have been admitted
on a principle of compromise, but others were too highly
disadvantageous; and no sufficient provision was made against
the principal source of the irritations and collisions which
were constantly endangering the peace of the two nations. The
question, therefore, whether a treaty should be accepted in
that form, could have admitted but of one decision, even had
no declarations of the other party impaired our confidence
in it. Still anxious not to close the door against friendly
adjustment, new modifications were framed, and further
concessions authorized than could before have been supposed
necessary; and our Ministers were instructed to resume their
negotiations on these grounds. On this new reference to
amicable discussion we were reposing in confidence, when, on
the 22d day of June last, by a formal order from a British
Admiral, the frigate Chesapeake, leaving her port for a distant
service, was attacked by one of those vessels which had been
lying in our harbors under the indulgences of hospitality,
was disabled from proceeding, had several of her crew killed,
and four taken away. On this outrage no commentaries are
necessary. Its character has been pronounced by the indignant
voice of our citizens with an emphasis and unanimity never
exceeded. I immediately, by proclamation, interdicted our
harbors and waters to all British armed vessels, forbade
intercourse with them; and, uncertain how far hostilities were
intended, and the town of Norfolk, indeed, being threatened
with immediate attack, a sufficient force was ordered for
the protection of that place, and such other preparations
commenced and pursued as the prospect rendered proper. An armed
vessel of the United States was despatched with instructions
to our Ministers at London to call on that Government for the
satisfaction and security required by the outrage. A very
short interval ought now to bring the answer, which shall be
communicated to you as soon as received; then, also, or as soon
after as the public interests shall be found to admit, the
unratified treaty and proceedings relative to it, shall be made
known to you.

The aggression thus begun has been continued on the part of the
British commanders, by remaining within our waters in defiance
of the authority of the country, by habitual violations of
its jurisdiction, and, at length, by putting to death one of
the persons whom they had forcibly taken from on board the
Chesapeake. These aggravations necessarily lead to the policy
either of never admitting an armed vessel into our harbors,
or of maintaining in every harbor such an armed force as may
constrain obedience to the laws, and protect the lives and
property of our citizens against their armed guests. But the
expense of such a standing force, and its inconsistence with
our principles, dispense with those courtesies which would
necessarily call for it, and leave us equally free to exclude
the navy as we are the army of a foreign power from entering
our limits.

To former violations of maritime rights another is now added
of very extensive effect. The Government of that nation has
issued an order interdicting all trade by neutrals between
ports not in amity with them. And being now at war with nearly
every nation on the Atlantic and Mediterranean seas, our
vessels are required to sacrifice their cargoes at the first
port they touch, or to return home without the benefit of going
to any other market. Under this new law of the ocean, our
trade on the Mediterranean has been swept away by seizures and
condemnations, and that in other seas is threatened with the
same fate.

Among our Indian neighbors in the North-western quarter, some
fermentation was observed soon after the late occurrences,
threatening the continuance of our peace. Messages were said
to be interchanged, and tokens to be passing, which usually
denote a state of restlessness among them, and the character
of the agitators pointed to the sources of excitement.
Measures were immediately taken for providing against that
danger; instructions were given to require explanations, and,
with assurances of our continued friendship, to admonish the
tribes to remain quiet at home, taking no part in quarrels not
belonging to them. As far as we are yet informed, the tribes
in our vicinity, who are most advanced in the pursuits of
industry, are sincerely disposed to adhere to their friendship
with us, and to their peace with all others. While those more
remote do not present appearances sufficiently quiet to justify
the intermission of military precaution on our part.

The great tribes on our South-western quarter, much advanced
beyond the others in agriculture and household arts, appear
tranquil, and identifying their views with ours, in proportion
to their advancement. With the whole of these people, in every
quarter, I shall continue to inculcate peace and friendship
with all their neighbors, and perseverance in those occupations
and pursuits which will best promote their own well-being.

The appropriations of the last session for the defence of our
seaport towns and harbors, were made under expectation that a
continuance of our peace would permit us to proceed in that
work according to our convenience. It has been thought better
to apply the sums then given toward the defence of New York,
Charleston, and New Orleans, chiefly, as most open and most
likely first to need protection, and to leave places less
immediately in danger to the provisions of the present session.

The gunboats, too, already provided, have, on a like principle,
been chiefly assigned to New York, New Orleans, and the
Chesapeake. Whether our movable force on the water, so
material in aid of the defensive works on the land, should be
augmented in this or any other form, is left to the wisdom of
the Legislature. For the purpose of manning these vessels, in
sudden attacks on our harbors, it is a matter of consideration
whether the seamen of the United States may not justly be
formed into a special militia, to be called on for tours of
duty in defence of the harbors where they shall happen to be;
the ordinary militia of the place furnishing that portion which
may consist of landsmen.

I informed Congress at their last session of the enterprises
against the public peace, which were believed to be in
preparation by Aaron Burr and his associates, of the measures
taken to defeat them, and to bring the offenders to justice.
Their enterprises were happily defeated by the patriotic
exertions of the militia whenever called into action, by the
fidelity of the Army and energy of the Commander-in-chief,
in promptly arranging the difficulties presenting themselves
on the Sabine, repairing to meet those arising on the
Mississippi, and dissipating, before their explosion, plots
engendering there. I shall think it my duty to lay before you
the proceedings, and the evidence publicly exhibited on the
arraignment of the principal offenders before the circuit court
of Virginia. You will be enabled to judge whether the defect
was in the testimony, in the law, or in the administration of
the law, and wherever it shall be found, the Legislature alone
can apply or originate the remedy.[50] The framers of our
constitution certainly supposed they had guarded, as well their
Government against destruction by treason, as their citizens
against oppression, under pretence of it; and if these ends are
not attained, it is of importance to inquire by what means more
effectual they may be secured.

The accounts of the receipts of revenue during the year ending
on the thirtieth day of September last, being not yet made up,
a correct statement will be hereafter transmitted from the
Treasury. In the mean time, it is ascertained that the receipts
have amounted to near sixteen millions of dollars, which, with
the five millions and a half in the Treasury at the beginning
of the year, have enabled us, after meeting the current demands
and interest incurred, to pay more than four millions of the
principal of our funded debt. These payments, with those of
the preceding five and a half years, have extinguished of the
funded debt twenty-five millions and a half of dollars, being
the whole which could be paid or purchased within the limits of
the law and of our contracts, and have left us in the Treasury
eight millions and a half of dollars.

Matters of minor importance will be the subjects of future
communications, and nothing shall be wanting on my part which
may give information or despatch to the proceedings of the
Legislature in the exercise of their high duties, and at a
moment so interesting to the public welfare.

TH. JEFFERSON.

OCTOBER 27, 1807.

The Message was read, and three hundred copies thereof, together with the documents therein referred to, ordered to be printed for the use of the Senate.

THURSDAY, October 29.

JAMES HILLHOUSE, from the State of Connecticut, attended.

MONDAY, November 2.

JOHN GAILLARD, appointed a Senator by the Legislature of the State of South Carolina, for the term of six years, commencing on the fourth day of March last, and JOHN SMITH, appointed a Senator by the Legislature of the State of New York, for the term of six years, commencing on the fourth day of March last, respectively took their seats, and the oath prescribed by law was administered to them: their credentials having been read and filed during the last session.

On motion, by Mr. MILLEDGE, it was

_Resolved_, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of the Honorable ABRAHAM BALDWIN, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing a crape round the left arm.

On motion, by Mr. HILLHOUSE, it was

_Resolved_, That the members of the Senate from a sincere desire of showing every mark of respect due to the memory of the Honorable URIAH TRACY, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing a crape round the left arm.

TUESDAY, November 3.

ANDREW MOORE, from the State of Virginia, attended.

The PRESIDENT communicated a letter, signed William Eaton, enclosing the translation of a petition of Hamet Bashaw Caramalli, stating his services and sufferings in behalf of the United States, in which, relying on promises of remuneration, he hath exposed his life, and sacrificed all his means, and praying relief; and the petition was read, and ordered to lie for consideration.

THURSDAY, November 5.

_Removal of Federal Judges on Address from Congress._

Mr. TIFFIN submitted the following motion for consideration:

_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 section
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, in lieu of
the first section of third article thereof:

“The judicial power of the United States shall be vested in
one Supreme Court, and in such inferior courts as the Congress
may, from time to time, ordain and establish. The judges, both
of the Supreme and inferior courts, shall hold their offices
for ---- years, shall be removed by the President on the
address of two-thirds of both Houses of Congress requesting the
same, and shall, at stated times, receive for their services
a compensation, which shall not be diminished during their
continuance in office.”

MONDAY, November 9.

Mr. POPE, appointed a Senator by the State of Kentucky, produced his credentials, which were read and ordered to lie on file.

FRIDAY, November 13.

_Slavery in Indiana Territory._

Mr. FRANKLIN, from the committee to whom were referred, on the 7th instant, the resolutions of the Legislative Council and House of Representatives of the Indiana Territory, on the propriety of suspending the sixth article of compact contained in the Ordinance for the government of the North-western Territory, passed the 13th day of July, 1787, together with a remonstrance of certain citizens of Clark County against the said resolutions, made report; which was read, and ordered to lie for consideration.

The report is as follows:

The Legislative Council and House of Representatives, in
their resolutions, express their sense of the propriety of
introducing slavery into their Territory, and solicit the
Congress of the United States to suspend, for a given number
of years, the sixth article of compact, in the Ordinance for
the government of the Territory north-west of the river Ohio,
passed the 13th day of July, 1787. That article declares:
“there shall be neither slavery nor involuntary servitude in
the said Territory.”

The citizens of Clark County, in their remonstrance, express
their sense of the impropriety of the measure, and solicit the
Congress of the United States not to act on the subject, so
as to permit the introduction of slaves into the Territory;
at least until their population shall entitle them to form a
constitution and State government.

Your committee, after duly considering the matter, respectfully
submit the following resolution:

_Resolved_, That it is not expedient at this time to suspend
the sixth article of compact for the government of the
Territory of the United States north-west of the river Ohio.

TUESDAY, November 17.

The PRESIDENT communicated a letter from JAMES FENNER, stating the resignation of his seat in the Senate.

_Slavery in Indiana._

The Senate took into consideration the report of the committee to whom was referred, on the 7th instant, the resolutions of the Legislative Council and House of Representatives of the Indiana Territory, on the propriety of suspending the 6th article of compact contained in the ordinance for the government of the North-western Territory, and agreed thereto; and,

_Resolved_, That it is not expedient, at this time, to suspend the 6th article of compact for the government of the Territory of the United States north-west of the river Ohio.

THURSDAY, November 19.

The credentials of ELISHA MATHEWSON, appointed a Senator by the Legislature of the State of Rhode Island, in the place of JAMES FENNER, elected Governor, were read.

FRIDAY, November 20.

Mr. MATHEWSON, from the State of Rhode Island, took his seat in the Senate, and the oath prescribed by law was administered to him.

FRIDAY, November 27.

CHAUNCEY GOODRICH, appointed a Senator by the Legislature of the State of Connecticut, to fill the vacancy occasioned by the death of the late Hon. Uriah Tracy, attended, and his credentials were read; and the oath prescribed by law was administered to him.

_Case of John Smith._

Mr. MACLAY offered the following resolution:

_Resolved_, That a committee be appointed to inquire and report
to the Senate their opinion whether John Smith, a Senator from
the State of Ohio, ought not to be expelled from the Senate,
in consequence of the part which he took in the conspiracy of
Aaron Burr, against the peace and prosperity of the United
States, or what other steps, in their opinion, it may be
necessary and proper, under the present circumstances, for the
Senate to adopt.

Mr. HOPE moved to amend this resolution; to make way for which amendment, Mr. MACLAY withdrew his resolution.

Mr. THRUSTON offered the following resolution as an amendment, omitting that part in italics, which Mr. JONES moved as an amendment to the amendment:

_Resolved_, That a committee be appointed to inquire whether
it be compatible with the honor and privileges of this House,
that John Smith, a Senator from the State of Ohio, against
whom bills of indictment were found at the Circuit Court of
Virginia, held at Richmond in August last, for treason and
misdemeanor, should be permitted any longer to hold a seat
therein; and that the committee do inquire into _all the facts
regarding the conduct of Mr. Smith, as an alleged associate of
Aaron Burr_, and report the same to the Senate.

Mr. HILLHOUSE objected to the resolution on the ground of allowing the committee too wide a latitude.

Mr. ADAMS vindicated the resolution from this objection.

The question was then taken on the resolution offered by Mr. THRUSTON, and amended by Mr. JONES, and carried without a division; and Messrs. ADAMS, MACLAY, FRANKLIN, S. SMITH, POPE, THRUSTON, and ANDERSON, were appointed the committee.

WEDNESDAY, December 9.

WILLIAM H. CRAWFORD, appointed a Senator by the Legislature of the State of Georgia, to fill the vacancy occasioned by the death of Abraham Baldwin, attended and produced his credentials, which were read, and the oath prescribed by law was administered to him.

FRIDAY, December 18.

_Embargo._

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

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

The communications now made, showing the great and increasing
dangers with which our vessels, our seamen, and merchandise,
are threatened on the high seas and elsewhere, from the
belligerent powers of Europe, and it being of the greatest
importance to keep in safety these essential resources, I deem
it my duty to recommend the subject to the consideration of
Congress, who will doubtless perceive all the advantages which
may be expected from an inhibition of the departure of our
vessels from the ports of the United States.

Their wisdom will also see the necessity of making every
preparation for whatever events may grow out of the present
crisis.

TH. JEFFERSON.

DECEMBER 18, 1807.

_Ordered_, That the Message, together with the papers therein referred to, be committed to Messrs. SMITH of Maryland, ADAMS, ANDERSON, BRADLEY, and GREGG, to consider and report thereon; and that the same be considered as confidential.

MONDAY, December 21.

Mr. REED, from the State of Maryland, attended.

THURSDAY, December 31.

_Case of John Smith._

Mr. ADAMS stated that the committee appointed on the 27th of November last, “to inquire whether it be compatible with the honor and privileges of this House that JOHN SMITH, a Senator from the State of Ohio, against whom bills of indictment were found at the Circuit Court of Virginia, held at Richmond in August last, for treason and misdemeanor, should be permitted any longer to have a seat therein,” were ready to report: and he made the following motion, which was read and agreed to:

_Ordered_, That John Smith, a Senator from the State of Ohio,
be notified by the Vice President to attend in his place.

The VICE PRESIDENT accordingly notified Mr. SMITH in the words following:

SIR: You are hereby required to attend the Senate in your place
without delay.

By order of the Senate:

GEO. CLINTON,
_President of the Senate._

JOHN SMITH, Esq., _Senator from the State of Ohio._

And Mr. SMITH attended.

Whereupon, Mr. ADAMS made a report from the committee last mentioned; and the report was read, and three hundred copies thereof were ordered to be printed for the use of the Senate.

The report was read, ending with the following resolution:

_Resolved_, That John Smith, a Senator from the State of Ohio,
by his participation in the conspiracy of Aaron Burr, against
the _peace_, _union_, and _liberties_ of the people of the
United States, has been guilty of conduct incompatible with his
duty and station as a Senator of the United States. And that
he be therefor, and hereby is, expelled from the Senate of the
United States.

The documents accompanying the report are very voluminous. Among them is the answer of Mr. JOHN SMITH, covering ninety-six manuscript pages.

MONDAY, January 4, 1808.

JAMES A. BAYARD, from the State of Delaware, attended.

The PRESIDENT communicated a letter from JOHN SMITH, a Senator from the State of Ohio; which was read.

THURSDAY, January 7.

WILLIAM B. GILES, from the State of Virginia, attended.

FRIDAY, January 8.

_Executive Contingent Fund._

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

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

I now render to Congress the account of the fund established
for defraying the contingent expenses of Government for the
year 1807. Of the sum of $18,012 50, which remained unexpended
at the close of the year 1806, $8,731 11 have been placed
in the hands of the Attorney-General of the United States,
to enable him to defray sundry expenses incident to the
prosecution of Aaron Burr and his accomplices, for treasons and
misdemeanors alleged to have been committed by them. And the
unexpended balance of $9,275 39 is now carried, according to
law, to the credit of the surplus fund.

TH. JEFFERSON.

JANUARY 8, 1808.

The Message and papers therein referred to were read.

WEDNESDAY, January 13.

Mr. FRANKLIN, from the State of North Carolina, attended.

MONDAY, February 1.

_Claim of Thomas Paine._

The PRESIDENT communicated an address, signed Thomas Paine, stating his claim on the United States for services rendered during the Revolutionary war, and his title to remuneration. The address was read, and is as follows:

NEW YORK, _January 21, 1808_.

_To the honorable the Senate of the United States_:

The purport of this address is to state a claim I feel myself
entitled to make on the United States, leaving it to their
Representatives in Congress to decide on its worth and its
merits. The case is as follows:

Towards the latter end of the year 1780, the continental money
had become so depreciated (a paper dollar not being more than a
cent) that it seemed next to impossible to continue the war.

As the United States were then in alliance with France, it
became necessary to make France acquainted with our real
situation. I therefore drew up a letter to Count de Vergennes,
stating undisguisedly the true case, and concluding with the
request whether France could not, either as a subsidy or a
loan, supply the United States with a million sterling, and
continue that supply, annually, during the war.

I showed the letter to Mr. Marbois, Secretary to the French
Minister. His remark upon it was, that a million sent out of
the nation exhausted it more than ten millions spent in it.
I then showed it to Mr. Ralph Izard, member of Congress from
South Carolina. He borrowed the letter of me, and said, “We
will endeavor to do something about it in Congress.”

Accordingly, Congress appointed Colonel John Laurens, then
aid to General Washington, to go to France and make a
representation of our situation, for the purpose of obtaining
assistance. Colonel Laurens wished to decline the mission, and
that Congress would appoint Colonel Hamilton; which Congress
did not choose to do.

Colonel Laurens then came to state the case to me. He said he
was enough acquainted with the military difficulties of the
Army, but that he was not enough acquainted with political
affairs, nor with the resources of the country, to undertake
the mission; “but,” said he, “if you will go with me, I will
accept it;” which I agreed to do, and did do.

We sailed from Boston in the Alliance frigate, Captain Barry,
the beginning of February, 1781, and arrived at L’Orient the
beginning of March.

The aid obtained from France was six millions of livres as a
present, and ten millions as a loan, borrowed in Holland, on
the security of France.

We sailed from Brest in the French Resoulue frigate the first
of June, and arrived at Boston on the 25th of August, bringing
with us two millions and a half of livres, in silver, and
convoying a ship and a brig laden with clothing and military
stores. The money was transported with sixteen ox teams to the
National Bank at Philadelphia, which enabled the army to move
to Yorktown to attack, in conjunction with the French army
under Rochambeau, the British army under Cornwallis. As I never
had a cent for this service, I feel myself entitled, as the
country is now in a state of prosperity, to state the case to
Congress.

As to my political works, beginning with the pamphlet _Common
Sense_, published the beginning of January, 1776, which
awakened America to a declaration of independence, as the
President and Vice President both know, as they were works done
from principle, I cannot dishonor that principle by asking any
reward for them. The country has been benefited by them, and I
make myself happy in the knowledge of it It is, however, proper
for me to add, that the mere independence of America, were
it to have been followed by a system of government modelled
after the corrupt system of the English Government, it would
not have interested me with the unabated ardor it did. It was
to bring forward and establish the representative system of
government, as the work itself will show, that was the leading
principle with me in writing that work, and all my other works,
during the progress of the Revolution. And I followed the same
principle in writing the _Rights of Man_, in England.

There is a resolve of the old Congress, while they sat at New
York, of a grant of three thousand dollars to me. The resolve
is put in handsome language, but it has relation to a matter
which it does not express. Elbridge Gerry was chairman of the
committee who brought in the resolve. If Congress should think
proper to refer this memorial to a committee, I will inform
that committee of the particulars of it. I have also to state
to Congress, that the authority of the old Congress was become
so reduced towards the latter end of the war as to be unable
to hold the States together. Congress could do no more than
recommend, of which the States frequently took no notice; and
when they did, it was never uniformly.

After the failure of the five-per-cent duty, recommended by
Congress, to pay the interest of a loan to be borrowed in
Holland, I wrote to Chancellor Livingston, then Minister for
Foreign Affairs, and Robert Morris, Minister of Finance,
and proposed a method for getting over the whole difficulty
at once; which was, by adding a Continental Legislature to
Congress, who should be empowered to-make laws for the Union,
instead of recommending them; so the method proposed met with
their full approbation. I held myself in reserve, to take the
subject up whenever a direct occasion occurred.

In a conversation afterwards with Governor Clinton, of New
York, now Vice President, it was judged that, for the purpose
of my going fully into the subject, and to prevent any
misconstruction of my motive or object, it would be best that
I received nothing from Congress, but leave it to the States,
individually, to make me what acknowledgment they pleased.

The State of New York made me a present of a farm, which,
since my return to America, I have found it necessary to sell;
and the State of Pennsylvania voted me five hundred pounds,
their currency. But none of the States to the east of New
York, or the south of Philadelphia, ever made me the least
acknowledgment. They had received benefits from me, which they
accepted, and there the matter ended. This story will not tell
well in history. All the civilized world know I have been of
great service to the United States, and have generously given
away talent that would have made me a fortune.

I much question if an instance is to be found in ancient or
modern times of a man who had no personal interest in the cause
he took up--that of independence and the establishment of a
representative system of government, and who sought neither
place nor office after it was established--that persevered in
the same undeviating principles as I have done, for more than
thirty years, and that in spite of difficulties, dangers, and
inconveniences, of which I have had my share.

THOMAS PAINE.

MONDAY, February 22.

_Removal of Federal Judges on Address from Congress._

Mr. MACLAY, agreeably to instructions from the Legislature of the State of Pennsylvania to their Senators in Congress, submitted 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 first section of the third
article of the Constitution of the United States be so altered
and amended “that the judges of the courts thereof shall hold
their offices for a term of years; that they shall be removed
by the President of the United States on the address of the
majority of the members present, of the Senate and House of
Representatives of the United States in Congress assembled;
and that on all trials of impeachment for high crimes and
misdemeanors, a majority of the Senate shall be competent to
conviction.”

And the resolution was read, and referred to Mr. TIFFIN and others, the committee appointed the 25th of January last, on this subject, to consider and report thereon.

_Death of Hon. John Dickinson._

Mr. WHITE.--Mr. President: It is with much pain and regret, sir, that I rise to announce to the Senate the irreparable loss our country has sustained in the death of one of her worthiest citizens and most distinguished patriots. Time has measured and told the days of another venerable sage of the Revolution. JOHN DICKINSON, the illustrious cotemporary and friend of Washington and Franklin, is now no more--his head and his heart devoted to the service and love of his country, till his locks were bleached by the frosts of more than seventy winters, have now descended in silence to the grave. No humble eulogy of mine shall attempt to approach his exalted merit. The happiness of his fellow-citizens was his only aim, and upon the grateful hearts of his countrymen is indelibly engraven the dearest memento of his wisdom and his worth. Those who shared his personal acquaintance will never forget his private virtues--volumes from his pen, that do honor to the age, that will be read and admired as long as the love of science and freedom shall be cherished, record his inflexible patriotism; and the liberties of this country, which he contributed so essentially in establishing, will I hope long, very long indeed, sir, continue to be the proud and unshaken monument of his fame. The feelings of every gentleman of this honorable body will I am sure be in unison on the motion I am about to propose; it is an humble tribute of respect to the memory of the deceased, in the form of the following resolution:

_Resolved, unanimously_, That the Senate is penetrated with
the full sense of the merit and patriotism of the late JOHN
DICKINSON, Esq., deceased, and that the members thereof do
wear crape on the left arm for one month, in testimony of the
national gratitude and reverence towards the memory of that
illustrious patriot.

This resolution was immediately adopted.

WEDNESDAY, March 2.

_Impressment of American Seamen._

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

_To the Senate of the United States_:

In compliance with a resolution of the Senate, of November 30,
1807, I now transmit a report of the Secretary of State on the
subject of impressments, as requested in that resolution. The
great volume of the documents, and the time necessary for the
investigation, will explain to the Senate the causes of the
delay which has intervened.

TH. JEFFERSON.

MARCH 2, 1808.

* * * * *

DEPARTMENT OF STATE, _Feb. 29, 1808_.

Agreeably to a resolution of the Senate of the 30th November
last, the Secretary of State has the honor to submit to the
President, for the information of the Senate, the statements
herewith enclosed, from No. 1 to 18, inclusive.

No. 1. A statement of impressments from American vessels into
the British service, since the last report made from this
department on the 5th March, 1806, founded upon documents
transmitted in the first instance to this office.

Those from No. 2 to 13 inclusive, being a series of returns and
abstracts received from General Lyman, the agent of the United
States at London, giving an account of the applications made by
him in relation to seamen, from 1st April, 1806, to 30th June,
1807, and of the result of those applications, and exhibiting
other particulars required by the resolution.

Not having received any returns from the West Indies since the
date of the last report to the House of Representatives on
this subject, nor from General Lyman for the quarter ending
on the 1st January last, the Secretary of State has not the
means at present of giving, with any degree of precision, the
information asked for in the last clause of the resolution.
From the returns in the office it would appear that four
thousand two hundred and twenty-eight American seamen had been
impressed into the British service since the commencement of
the war, and that nine hundred and thirty-six of this number
had been discharged, leaving in that service three thousand two
hundred and ninety-two. General Lyman, in a letter dated on the
21st October, 1807, estimates the American seamen now detained
in the British service at a number greatly beyond what is here
stated; but he does not give the data on which his estimate is
made.

All which is respectfully submitted.

JAMES MADISON.

The PRESIDENT _of the United States_.

The Message and papers were read, and ordered to lie for consideration.

FRIDAY, April 1.

_Case of John Smith._

This being the day assigned for hearing counsel, the PRESIDENT said the Senate were ready to hear the counsel of JOHN SMITH, in any thing they had to offer why the resolution (for expelling him) should not be adopted.

Mr. ADAMS submitted it to the Senate, whether it was not most proper that the counsel should be permitted to show cause why the report should not be adopted. He remarked that in like cases the whole report, comprising the grounds on which the final resolution was founded, had been the subject of discussion, and of approbation or rejection. He considered this the correct course, that the world and posterity might know the grounds on which the Senate acted.

A short conversation ensued on this suggestion of Mr. ADAMS, in which the principles of the report were incidentally noticed. In reply to Mr. ADAMS’ remarks, it was said that it could not be expected that a deliberative body, however agreed in the guilt or innocence of the accused, would be able to unite in their agreement to a complicated report, embracing a variety of abstract and disputable principles.

Mr. GILES intimated the idea that this discussion was premature; that, as the Senate had by their vote determined to hear counsel on the report, it was proper that this course should, in the present stage of the business, be pursued. After having heard counsel, it would be for the Senate, as they then should see fit, either to decide on the resolution alone, or on the report connected with it.

This suggestion having been acquiesced in, without any vote,

Mr. FRANCIS S. KEY, of counsel for Mr. SMITH, asked for subpœnas for Messrs. DAVENPORT, MORROW, and STURGES, of the House of Representatives, to attest the credibility of witnesses; and likewise for a subpœna for General Wilkinson.

It was intimated that the usual mode of proceeding in such a case was to request the attendance of the members of the other House.

Mr. KEY then opened the defence by a few very concise preliminary remarks. He observed that the counsel of Mr. SMITH felt highly gratified in appearing before the Senate with a body of testimony sufficiently strong to flatter them with the assurance of a favorable result; that all the apprehensions which had arisen from the distance and the extent of the testimony were almost removed; and that although testimony was still coming in, they were fully satisfied with that they had already received.

He said they would be able to show that the testimony of Elias Glover was not worthy of credit. He admitted that if this testimony were correct, JOHN SMITH was unworthy of his seat; but they would be able entirely to destroy its weight by destroying his credibility. They would, likewise, be able to show that there was nothing else in the other testimony which materially affected the character of the accused. They would also, after this, enter into a consideration of the principles on which a decision in this case ought to be made; and endeavor to show that that decision could only be made according to legal evidence; that the Senate were bound by judicial principles, and that the accused was consequently entitled to the same privileges as he would be in a court of justice.

Mr. KEY said he should first proceed to offer depositions to discredit Elias Glover. He would show that he had not only made charges, which were contradicted by respectable testimony, but likewise by his own declarations at other times. He would commence with the proof of his general character, and show that it had been such, ever since he entered into life, as to destroy the weight of his testimony; he would show that he had in several instances perjured himself. He would then show his inducements to perjure himself in this case, by establishing the existence of a combination, of which he was the head, to ruin Mr. SMITH.

Mr. KEY was about to read sundry depositions taken at Newtown, Connecticut. Previous to this he read the certificates of notice given by Mr. SMITH to Mr. Glover, of his purpose to take depositions relative to his character. From these it appeared that Mr. SMITH had, on the 10th of February, notified him of his intention to take depositions at Delhi, New York, on the 15th February, at Newtown, Connecticut, on the 20th, in the Mississippi Territory on the 25th, at Cincinnati the ----

Mr. CRAWFORD objected to reading these depositions. He observed that they went seriously to affect the character of Mr. Glover; that the Senate had, in such a case, prescribed that the depositions should only be received in case of reasonable notice having been given to the person whose character it was intended to discredit: that in this case no such reasonable notice had been allowed; that the notice was too short to be of the least use to Mr. Glover.

Mr. HARPER, of counsel for Mr. SMITH, observed that as much time had been given by Mr. SMITH as he could possibly spare. The times fixed for taking depositions at the several places, had been as distant as they could be, consistently with Mr. SMITH’s getting the testimony forwarded to the seat of Government by the 1st of March; the period then fixed by the Senate for his hearing.

Mr. S. SMITH stated that, although the resolution fixing the 1st of March for a hearing had passed on the 20th of January, the notices of Mr. SMITH were not dated till the 10th of February, at Berrysville, in Virginia, where he had put them into the post office.

A short debate followed, in which the principal circumstances noticed were, that according to Mr. SMITH’s affidavit, on which the first postponement had taken place, it was not expected that depositions to discredit Elias Glover’s would be taken at any other place than Cincinnati; that, if these depositions, though informal, were read, they would be taken by the Senate only for what they were worth, and that, if ex parte evidence was received in favor of Mr. SMITH, it could not be rejected when against him.

On reading the depositions, seventeen members being a majority, rose in the affirmative.

The counsel then read the depositions of Calvin Chamberlain, Henry Peck, jun., Ely Perry, William Meeker, Daniel Wheeler, John Norfrog, Luther Bulkley, Zalmon Tousy, jun., Cyrus Sprindle, James Nicholls, Solomon Booth, Oliver Tousy, Gideon Fisher, Stephen Beers, jun., N. Hays, Joseph Michin, Solomon M. Sackriden, James Monger, Homer R. Phelps, Joshua H. Brent, Gabriel North, John T. Moore, Philip Gabehart, Cyrenus Foote, Roswell Hodgkiss, Benijah Beardley, E. K. Granger, Henry Tyler, John B. Judson, Samuel Stephen, George Fost, Asa Tyler, Nathan T. Tyler, John S. Gano, Francis Dunlavy, John Sellman, Stephen Macfarland, George Gordon, Edward H. Stall, Thomas N. Still.

These depositions are made by persons residing in the States of Connecticut, New York, and Ohio.

About four o’clock the Senate adjourned.

TUESDAY, April 5.

Mr. ANDERSON, from the committee to whom was referred the bill making provision for the disposal of the public lands of the United States in the State of Tennessee, reported it with further amendments; which were read for consideration.

_Case of John Smith._

The Senate resumed the consideration of the first report of the committee appointed to inquire into the conduct of JOHN SMITH, a Senator from the State of Ohio, as an alleged associate of Aaron Burr.

Mr. SMITH attended, together with Messrs. Harper and Key, counsel on his behalf.

Mr. HARPER read the depositions of Joseph H. Brett, John T. Moore, Gabriel North, Erastus Root, C. Keiser, Isaac G. Burnett, David Zeigler, John Bradford, Jacob Broadwell, Jos. Van Horne, Samuel Hildige, Geo. Williamson, M. Williams, and William Goforth. Messrs. Van. Rensselaer, Jeremiah Morrow, Tallmadge, Bacon, and Davenport, of the House of Representatives, and Mr. Tiffin, of the Senate, were then examined, and attested to the general respectability of character of several of the witnesses from whom depositions had been received on the part of Mr. SMITH.

Mr. KEY then rose to show why the report of the committee should not be adopted, and after taking a legal view of the rules of evidence which should govern the admissibility of evidence in this inquiry, and arguing that the Senate could inquire into nothing which was indictable at common law, he proceeded to the facts of the case, and said: