PROCEEDINGS AND DEBATES OF THE SENATE OF THE UNITED STATES, AT THE FIRST SESSION OF THE NINTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, DECEMBER 2, 1805. 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. SAMUEL L. MITCHILL, from New York. GEORGE LOGAN and SAMUEL MACLAY, from SAMUEL WHITE, from Delaware. DAVID STONE, from North Carolina. 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 THOMAS SUMTER and JOHN GAILLARD, from elected the honorable SAMUEL SMITH President 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 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. Of ABRAHAM BALDWIN, appointed a Senator by the Legislature of the State of Georgia, for Resolved, That each Senator be supplied durthe term of six years, from the 3d day of Marching the present session with three such newspalast; of JAMES A. BAYARD, appointed a Senator pers, printed in any of the States, as he may choose, by the Legislature of the State of Delaware, for provided that the same be furnished at the usual the term of six years, from the 3d day of March rate for the annual charge of such papers. last; of JAMES FENNER, appointel 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 Resolved, That JAMES MATHERS, Sergeant-atArms 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 during the session, and for twenty days after. Resolved, That two Chaplains, of different denominations, be appointed to Congress, for the present session, one by each House, who shall terchange weekly. Ordered, That the Secretary desire the concurrence of the House of Representatives in this resolution. 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. DECEMBER, 1805. municable in the country, either by persons under the disease, or by goods carried from diseased places; that its access is with the autumn, and it disappears with the early frosts. These restrictions, within narrow in-limits of time and space, give security even to our maritime cities during three-fourths of the year, and to the country always. Although from these facts it appears unnecessary, yet to satisfy the fears of foreign nations, and cautions on their part, not to be complained of in a danger whose limits are yet unknown to them, I have strictly enjoined on the officers at the head of the customs to certify, with exact truth, for every vessel sailing for a foreign port, the state of health respecting this fever which prevails at the place from which she certify the truth, I have no doubt they have faithfully sails. Under every motive from character and duty to executed this injunction, Much real injury has, however, been sustained from a propensity to identify with this endemic, and to call by the same name, fevers of very different kinds, which have been known at all times and in all countries, and never have been placed among those deemed contagious. As we advance in our knowledge of this disease, as facts develop the source from which individuals receive it, the State authorities charged with the care of the public health, and Congress with that of the general commerce, will become able to regulate with effect their respective functions in these departments. The burden of quarantines is felt at home as well as abroad; their efficacy merits examination. Although the health laws of the States should be found to need no present revisal by Congress, yet commerce claims that their attention be ever awake to them. 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 of the United States of America: 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 Since our last meeting the aspect of our foreign 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 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 en-boats in the open sea, or on desert shores, without food gaged in the general contest, and when the counor covering. These enormities appearing to be untenance of some of them towards our peaceable reached by any control of their Sovereigns, I found it country threatens that even that may not be unaf- necessary to equip a force to cruise within our own fected by what is passing on the general theatre, a seas, to arrest all vessels of these descriptions found meeting of the Representatives of the nation in both hovering on our coasts, within the limits of the Gulf Houses of Congress has become more than usually de-Stream, and to bring the offenders in for trial as pisirable. Coming from every section of our country rates. they bring with them the sentiments and the informa- The same system of hovering on our coasts and hartion of the whole, and will be enabled to give a direc-bors, under color of seeking enemies, has been also tion to the public affairs, which the will and the wis-carried on by public armed ships, to the great annoydom of the whole will approve and support. ance and oppression of our commerce. New princiIn taking a view of the state of our country, we, in ples, too, have been interpolated into the law of nathe first place, notice the late affliction of two of our tions, founded neither in justice nor the usage or accities under the fatal fever which, in latter times, has knowledgment of nations. According to these, a beloccasionally visited our shores. Providence, in his ligerent takes to itself a commerce with its own goodness, gave it an early termination on this occasion, enemy which it denies to a neutral, on the ground of and lessened the number of victims which have usually its aiding that enemy in the war. But reason revolts fallen before it. In the course of the several visitations at such an inconsistency, and the neutral, having equal by this disease, it has appeared that it is strictly local, right with the belligerent to decide the question, the incident to cities and on the tide waters only, incom-interests of our constituents, and the duty of maintain |