Naral Establishment and its Expenses. New York. This young gentleman, it seems, was apprized of his danger by an old seaman, but he had already so much the principle of an officer engrafted on his mind, not to leave his quarters, that he replied, if the mast went, they must go with it; which was the case, and only one of them was saved. I regret much his loss, as a promising young officer, and amiable young man, as well as on account of a long intimacy that had subsisted between his father and myself, but have great satisfaction in finding that I have lost no other, and only two or three were slightly wounded; out of thirty-nine of the crew killed and wounded, fourteen of the former, and twenty-five of the latter. As soon as the mainmast went, every effort was made to clear the wreck from the ship as soon as possible, which was effected in about an hour; and, as her security was then the great object, it being impossible to pursue the enemy, I immediately bore away for Jamaica, for repairs, &c., finding it impracticable to reach a friendly port in any of the islands to windward. I should be wanting in common justice was I to omit here to journalize the steady attention to order, and the great exertion and bravery shown by all my officers, seamen, and marines, in the action, many of whom I had sufficiently tried before on a similar occasion, (the capture of the Insurgent,) and all their names are recorded in the musterroll I sent to the Secretary of the Navy, dated the 19th of December last, signed by myself. THOMAS TRUXTUN. THE NAVAL ESTABLISHMENT, AND ITS EXPENSES. [Communicated to the House of Reps., Jan. 15, 1801.] NAVY DEPARTMENT, Jan. 12, 1801. SIR: The report of the Secretary of the Treasury containing a statement of the appropriations necessary for the year 1801, includes the estimates of the expense of maintaining the Navy for the same year. It is unnecessary, therefore, for me to repeat them here. But it will be observed that these estimates were formed on the idea of employing our whole force in cruising, as heretofore, for the protection of our commerce. Should the United States be so fortunate as to terminate, by an honorable treaty, the differences with France, it would be good economy to sell all the public vessels, except the following frigates: wars, the United States will probably be influeneed by the example of all other nations, to suffer the capture of vessels merely commercial from their enemy; and, in this event, the enterprising spirit of our citizens will quickly furnish, for private emolument, nearly all the small vessels necessary to be employed; and will thus add to the national means of annoyance, without adding to the national expense. In this view, it may be sufficient for the United States to attend principally to a provision for ships of the line and frigates. The expense of maintaining the thirteen frigates herein enumerated, in constant service, and on the present establishment of numbers, pay, and rations, would amount, annually, to the sum of one million two hundred and twenty-five thousand and forty-eight dollars and seventy-three cents, as will be seen in paper No. 1. But, on a peace establishment, the ration, which is too large, ought to be reduced; seamen's wages will undoubtedly fall, on a general peace; and, in such a state of things, it would be unnecessary to employ, in each ship, more than two-thirds of the present number of able and ordinary seamen. The paper No. 2 contains an estimate of the annual expense of these ships on a peace establishment, and on the principle of keeping the whole of them in constant service, amounting to seven hundred and twelve thousand seven hundred and twenty-four dollars and thirty-five cents. The paper, No. 3, shows the expense of keeping only six of the frigates in constant service; the others remaining in port, but allowing half-pay to a sufficient number of commissioned officers and midshipmen for the ships so laid up, amounting to three hundred and eighty-seven thousand two hundred and fifty-seven dollars. In the paper, No. 4, there is added to the estimate, No. 3, the expense of allowing half-pay to all the commissioned officers and midshipmen at present in the service, making the whole amount to the annual sum of four hundred and forty-four thousand six hundred and seventy-seven dollars. The act establishing and organizing the Marine Corps considers that corps as part of the Military Establishment, but subject to perform duty on ship-board, as well as in posts and garrisons on the seacoast, and elsewhere on shore. It is questionable, therefore, whether the expense of this corps ought to be provided for in the estimates of the War or the Navy Department. It is certainly, one of the most useful corps belonging to the United States; and is particularly advantageous in facilitating the means, and lessening the expense, of manning our ships; and affords to every vessel a body of experienced and disciplined men, always prepared for action. The war expense of this corps is two hundred and seventy thousand nine hundred and fifty-seven dollars and ninety-eight cents, per annum; in peace, the expense might be reduced to two hundred and seven thousand three hundred and ten dollars, per estimate No. 5, which, being added to the estimate No. 4, would make the whole amount to six hundred and fiftyone thousand nine hundred and eighty-seven dollars. Naval Establishment and its Expenses. The acts of Congress have appropriated one and provisions, has heretofore been estimated at nillion of dollars towards building six seventy-two millions four hundred and three thousand our gun ships, and for procuring. arming, &c., six eight hundred dollars and ninety-four cents; to loops of war, leaving about seven hundred thou- complete the wharves and docks, for seasoning and dollars to be applied towards the six seventy-timber at the six places, where ground has been our gun ships; also, two hundred thousand dol- purchased, and to erect suitable houses, for the rears for the purchase of growing or other timber, ception of public stores, will cost, including what r of timbered lands, for the Navy, and for prepar- has already been expended, six hundred thousand ng proper places for securing the timber procured; dollars; and to make, at two of these places, proper nd fifty thousand dollars for the erection of two docks for repairing of ships, may cost one hunocks, for repairing the public ships. dred thousand dollars, amounting, in the whole, to $3,103,800 00 From which is to be deducted the sums already expended Leaving a balance still to be appro- 529,299 75 $2,574,500 25 Under these acts, contracts have been made for ight frames for seventy-four gun ships; two of hem under the appropriation of two hundred housand dollars, and the execution of them, as ar as six frames, will, it is believed, be completed his Winter. A considerable part of the other imber, necessary for six ships, has been procured. round has been purchased at Portsmouth, New If this balance should be divided into four equal Hampshire, Charlestown, (near Boston,) Phila- parts, and one part should be appropriated in the elphia, the City of Washington, and Norfolk; present, and one in each of the three succeeding nd measures have been taken to procure ground years, the money will be furnished as fast as it t New York, for capacious buildings and dock-will be proper to build the ships, to give them ards; and progress is making in preparing docks every chance of long duration. or receiving the timber, and wharves for building he ships. Contracts have also been made for annon, and for the copper bolts and spikes, and or sheathing copper, for the seventy-four gun hips; but it is impossible to say how far those which respect copper will be executed, the works or manufacturing sheathing copper being very xpensive, and, it is to be feared, beyond the reach of individual capital and enterprise. The sums already advanced and expended on hese different objects cannot be precisely ascerained; but they are not materially different from he following estimate: For ground and improvements Copper purchased, and advances on Purchase of Grover's Island and $186,800 00 76.913 00 22,516 75 $929,299 75 The agents for disbursing this money are also agents for all other purposes of the Navy; and it can only be seen what has been expended, under each head of appropriation, on settlement of their accounts. To remit money to them under each head of appropriation, allowing them to expend on that particular object only the sum remitted, would be to create the necessity of keeping, in each agent's hands, four or five times as much public money as necessary; hence, the practice has arisen in the Navy Department of drawing on one appropriation, for all Navy purposes, until that appropriation is exhausted; leaving until the settlement of the agent's accounts the charges against each appropriation for which the money has been expended. The timber alone of a seventy-four gun ship will cost, delivered at the ship yard: For the frame, consisting of twenty-seven thousand three hundred and eighty-seven cubic feet, If of live oak, cut to the moulds If partly of live oak, or other timber as valuable, and partly of white oak If of white oak alone $54,774 00 41,080 00 $27,387 00 67,387 00 All the timber for a frigate, to mount forty-four guns, has been estimated to cost fifty thousand dollars. It will be impracticable to get more live oak from Georgia, after the frames already contracted for are completed, except from the islands belonging to the United States, and these are too small to furnish more than a few of the most material pieces for many ships. It will, also, soon be impracticable to obtain, in the United States, any other kind of timber superior to white oak; but there is reason to believe that, when our timber is as well seasoned, our white oak ships will last as long as those of most other countries. The experiment has never yet been fairly made. When the United States own twelve ships of seventy-four guns, and double the number of strong frigates, and it is known that they possess the means of increasing, with facility, their naval strength, confidence may be indulged that we may then avoid those wars in which we have no interest, and without submitting to be plundered. An annual sum of one hundred and seventeen thousand three hundred and eighty-seven dollars, (over and above the appropriation for the six seventyfour gun ships already authorized,) for the purchase of timber, to be laid up in docks for seventyThe expense of building six seventy-four gun four gun ships and frigates, and the adoption of ships, and fitting them for sea, with guns and mil-efficient arrangements to secure the manufacture itary stores, and every other article except men of copper, the culture of hemp, and the manufac Naral Establishment and its Expenses. ture of canvass, would, in a few years, raise us to this desirable state of security. Thus, then, it appears that, for the small sum of six hundred and fifty-one thousand nine hundred and eighty-seven dollars thirty-four cents, the United States may keep in constant service six frigates; seven others in port, but always ready for service; the corps of marines, consisting of more than eleven hundred officers and men; and may remunerate the past, and secure the future, services of a meritorious class of men, who, in general, either sacrificed more profitable and less hazardous private employment, to devote themselves to their country, in a season of peril; or who, being qualified by education for any pursuits, have entered into the Navy, as a profession, at that time of life when professions are usually chosen. hundred and seventeen thousand three hundred and eighty-seven dollars, for the timber of a seventy-four and a forty-four gun ship, to be repeated annually, until an adequate quantity of timber shall be obtained, the United States may acquire the means of suddenly raising their Navy to any size which the exigency of their affairs may demand. It will require years to cut the timber from the woods and to build a ship of seventy-four guns. and, after she is built, of green timber, she will not last longer than the time consumed in building her. A ship of the same size, besides the immense advantage in point of duration, may be built and sent to sea in less than a year, if all the materials are on the spot. Timber may be preserved for ages in docks, and at little expense; and the knowledge that we possess it in that state will inspire nearly as much respect for our flag, as if the ships were built and on the ocean. In a pecuniary point of view, there can be no comparison between the expense of creating a sufficient Navy, and the loss a commerce, so great as ours, will too certainly sustain for the want of such protection. But the loss of property is but a paltry consideration, compared with all the humiliating and destructive consequences which must flow from that debasement of mind which a system of eternal submission to injury and injustice cannot fail to produce. All great maritime nations retain in peace the commissioned Navy officers necessary to be employed in war, by allowing them a portion of their monthly pay, on the condition of their holding themselves in readiness, at all times, to be called into active service. The same provision is not so generally extended to the midshipmen; but the discrimination is no where just, and, in the United States, in the present instance, it would be extremely impolitic: for the midshipmen are among the most promising young men of our country, possess all the materials to make officers equal to any in the world, and well merit the fostering care of their Government. But it would be injurious to themselves and to their country to pay them for remaining in idleness at home. No midshipman ought to receive half-pay, without exhibiting satisfactory proof that at least four months of the year for which he demanded it had been employ-lishment of a Board, to consist of three or five ed by him in acquiring a better knowledge of his profession; if not in foreign service, at least in the merchant ships of his own country. It also appears that, for the further sum of six hundred and forty-three thousand six hundred and twenty-five dollars and six cents, appropriated for the present, and for each of the three succeeding years, six seventy-four gun ships may be added to the Navy; two frames for two other seventy-four gun ships may be placed in dock for seasoning; six capacious building yards, with docks for receiving large quantities of timber, may be prepared; and suitable houses, which are indispensable for the security of the naval stores, may be erected at each of the building yards. And that, for the further appropriation of one Before I conclude, I will take the liberty of observing, that the business of the Navy Department embraces too many objects for the superintendence of one person, however gifted. The public interest, I am very sensible, has already suffered from this cause; and I have no doubt that the estab experienced Navy officers, to superintend, in subordination to the Head of the Department, such parts of the duties as nautical men are best qualified to understand and to direct, would produce a saving to the public far beyond the expense of such an establishment. Their full pay as officers, indeed, and full rations, might be deemed sufficient compensation for such duty, as it would be proper that the members of the Board should retain their rank in the Navy. I have the honor to be, with great respect, sir. your most obedient servant, BEN. STODDERT. PUBLIC ACTS OF CONGRESS; PASSED AT THE FIRST SESSION OF THE SIXTH CONGRESS, BEGUN AND HELD AT PHILADELPHIA, DECEMBER 2, 1799. AN ACT for reviving and continuing suits and pro- | be entitled to the privilege of sending and receivceedings in the Circuit Court for the district of Penn- ing letters free of postage, on the same terms, and sylvania. under the same restrictions, as are provided for the Be it enacted by the Senate and House of Rep-members of the Senate and of the House of Representatives of the United States of America, in resentatives of the United States, by the act, entiCongress assembled, That all suits, process, and tled "An act to establish the post office and post proceedings, of what nature or kind soever, which roads within the United States." were pending in the circuit court of the United States, for the district of Pennsylvania, at the time appointed by law for holding a session thereof, in October, one thousand seven hundred and ninetynine, and which were discontinued by failure to hold the said court, shall be, and they are hereby, revived and continued, and the same proceedings may and shall be had in the same court, in all suits and process aforesaid, and in all things relating to the same, as by law might have been had in the same court, had it been regularly holden, at the time aforesaid. SEC. 2. And be it further enacted, That the said William Henry Harrison shall receive for his travelling expenses, and attendance in Congress, the same compensation as is or may be allowed by law, to the members of the House of Representatives of the United States, to be certified and paid in like manner. Approved, January 2, 1800. An Act supplementary to the act, entitled "An Act to provide for the valuation of lands and dwellinghouses, and the enumeration of slaves, within the United States." SEC. 2. And be it further enacted, That all writs, and other process, which may have been, Be it enacted, &c., That the commissioners apand which shall be issued, by the clerk of the said pointed under the act to which this is a supplecourt, bearing teste of April session or October ment, shall have power, on consideration and exsession, one thousand seven hundred and ninety-amination of the lists, returns, valuation, and abnine, shall be held and deemed of the same valid-stracts, rendered by the assessors, to revise, adjust ity and effect, as if the same court had been regularly held on the eleventh day of October, one thousand seven hundred and ninety-nine. SEC. 3. And be it further enacted, That it shall be lawful for the judge of the district court of the district of Pennsylvania, to direct the clerk of the said circuit court to issue such process, for the purpose of causing jurors to be summoned to attend at the session of the said circuit court, on the eleventh day of April next, as hath heretofore been issued for the like purposes, returnable to any preceding session thereof; and the persons so summoned shall, in case of non-attendance, be liable to the same penalties as if such process had been issued in the ordinary course of proceeding. THEODORE SEDGWICK, JOHN ADAMS, An Act extending the privilege of franking to William Henry Harrison, the delegate from the Territory of the United States Northwest of the Ohio; and making provision for his compensation. Be it enacted, &c., That William Henry Harrison, the delegate to Congress from the Territory of the United States Northwest of the river Ohio, and vary the valuations of lands and dwelling houses in each and every sub-division of the several assessment districts, by adding thereto, or deducting therefrom, such a rate per centum as shall appear to be just and reasonable; Provided, That the relative valuations of the different lots or tracts of land, or dwelling houses in the same sub-division, shall not be changed or affected. SEC. 2. And be it further enacted, That the said commissioners may direct the additions or deductions, as aforesaid, to be made out and completed by the several principal assessors, or, if they shall deem it more advisable, by their clerk, and such assistants as they shall find necessary and appoint for that purpose: Provided, That the compensation to be made to the said assistants shall not exceed the pay allowed to the assistant assessors, by the act to which this is a supplement. Approved, January 2, 1800. An Act for the relief of persons imprisoned for debt. Be it enacted, &c., That persons imprisoned on process issuing from any court of the United States, as well at the suit of the United States, as at the suit of any person or persons in civil actions, shall be entitled to like privileges of the yards or limits of the respective jails, as persons confined in like cases on process from the courts of the respective States, are entitled to, and under the like regulations and restrictions. Acts of Congress. opinion of the said judge or commissioners, cannot be had with safety or convenience in the pri son wherein the debtor is confined, it shall be lawful for him or them, by warrant under his or their hand and seals, to order the marshal or prison-keeper, to remove the debtor to such other place, convenient and near to the prison, as he or they may see fit ; and to remand the debtor to the same prison, if, upon examination or cause shown by the creditor, it shall appear that the debtor ought not to be admitted to take the above recited oath or affirmation, or that he is holden for any other cause. SEC. 2. And be it further enacted, That any person imprisoned on process of execution issuing from any court of the United States in civil actions, except at the suit of the United States, may have the oath or affirmation, hereinafter expressed, administered to him by the judge of the district court of the United States, within whose jurisdiction the debtor may be confined; and in case there shall be no district judge residing within twenty miles of the jail wherein such debtor may be confined, such oath or affirmation may be administered by any two persons who may be commissioned for that purpose by the district judge: The creditor, his agent or attorney, if either live SEC. 4. And be it further enacted, That if any within one hundred miles of the place of impris- person shall falsely take any oath or affirmation. onment, or within the district in which the judg- authorized by this act, such person shall be deemed ment was rendered, having had at least thirty guilty of perjury, and, upon conviction thereof, days previous notice by a citation served on him, shall suffer the pains and penalties in that case issued by the district judge, to appear at the time provided: and, in case any false oath or affirmaand place therein mentioned, if he see fit, to show tion be so taken by the debtor, the court, upon the cause why the said oath or affirmation should not motion of the creditor, shall recommit the debtor be so administered: At which time and place, if to the prison from whence he was liberated, there no sufficient cause, in the opinion of the judge to be detained for the said debt, in the same manner (or the commissioners appointed as aforesaid) be as if such oath or affirmation had not been taken. shown, or doth from examination appear to the SEC. 5. And be it further enacted, That any contrary, he or they may, at the request of the person imprisoned upon process issuing from any debtor, proceed to administer to him the follow-court of the United States, except at the suit of ing cath or affirmation, as the case may be, viz. the United States, in any civil action, against "You solemnly swear (or affirm) that whom judgment has been or shall be recovered, you have no estate, real or personal, in possession, shall be entitled to the privileges and relief proreversion, or remainder, to the amount or value vided by this act, after the expiration of thirty of thirty dollars, other than necessary wearing ap- days from the time such judgment has been or parel; and that you have not directly or indi- shall be recovered, though the creditor should not. rectly, given, sold, leased, or otherwise conveyed within that time, sue out his execution, and charge to, or intrusted any person or persons with all or the debtor therewith. any part of the estate, real or personal, whereof you have been the lawful owner or possessor, with any intent to secure the same, or to receive or expect any profit or advantage therefrom, or to defraud your creditors, or have caused or suffered to be done anything else whatsoever, whereby any of your creditors may be defrauded." Which oath or affirmation being administered, the judge or commissioners shall certify the same under his or their hands to the prison-keeper, and the debtor shall be discharged from his imprisonment on such judgment, and shall not be liable to be imprisoned again for the said debt, but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or at any SEC. 2. And be it further enacted, That if any time afterwards, belong to the debtor. And the citizen or other person shall carry or deliver any judge or commissioners, in addition to the cer- such talk, speech, message, or letter, to or from tificate by them made and delivered to the prison-any Indian nation, tribe, or chief, from or to any keeper, shall make return of their doings to the district court, with the commission, in cases where a commission has been issued, to be kept upon the files and record of the same court. And the said judge, or commissioners, may send for books and papers, and have the same authority as a court of record, to compel the appearance of witnesses, and administer to them, as well as to the debtor, the oaths or affirmations necessary for the inquiry into, and discovery of the true state of the debtor's property, transactions and affairs. SEC. 3. And be it further enacted, That when the examination and proceedings aforesaid, in the Approved, January 6, 1800. An Act for the preservation of peace with the Indian tribes. Be it enacted, &c., That if any citizen or other person residing within the United States, or the territory thereof, shall send any talk, speech, message, or letter, to any Indian nation, tribe, or chief. with an intent to produce a contravention or infraction of any treaty or other law of the United States, or to disturb the peace and tranquillity of the United States, he shall forfeit a sum not exceeding two thousand dollars, and be imprisoned not exceeding two years. person or persons whatsoever, residing within the United States, or from or to any subject, citizen, or agent of any foreign Power or State, knowing the contents thereof, he shall forfeit a sum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months. SEC. 3. And be it further enacted, That if any citizen or other person, residing or being among the Indians, or elsewhere within the territory of the United States, shall carry on a correspondence, by letter or otherwise, with any foreign nation or power, with an intent to induce such foreign nation or power, to excite any Indian nation, tribe, |