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THE

DEBATES AND PROCEEDINGS

IX THE

CONGRESS OF THE UNITED STATES;

WITH

AN APPENDIX,

CONTAINING

IMPORTANT STATE PAPERS AND PUBLIC DOCUMENTS,

AND ALL

THE LAWS OF A PUBLIC NATURE;

WITH A COPIOUS INDEX.

SEVENTH CONGRESS.

COMPRISING THE PERIOD FROM DECEMBER 7, 1801, TO MARCH 3, 1803,

INCLUSIVE.

COMPILED FROM AUTHENTIC MATERIALS.

WASHINGTON:

PRINTED AND PUBLISHED BY GALES AND SEATON.

1851.

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PROCEEDINGS AND DEBATES

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE SEVENTH CONGRESS, BEGUN AT THE CITY OF

WASHINGTON, DECEMBER 7, 1801.

PRESENT:

Monday, December 7, 1801.

the absence of the Vice PresIDENT, they have The first session of the Seventh Congress of elected Abraham Baldwin President of the Senthe United States commenced this day, conform- ate, pro tempore. ably to the Constitution, and the Senate assembled

Ordered,' That the Secretary acquaint the at the Capitol in the City of Washington.

House of Representatives that a quorum of the
Senate is assembled and ready to proceed to busi-

ness, and that, in the absence of the Vice PresiTeeodore Foster, from Rhode Island; dent, they have elected ABRAHAM Baldwin PresNATHANIEL Chipman, from Vermont;

ident of the Senate pro tempore. William Hill Wells and SAMUEL White, A message from the House of Representatives from Delaware;

informed the Senate that a quorum of the House John E. HOWARD, from Maryland;

is assembled, and have elected NATHANIEL Macon Stevens THOMPSON Mason and Wilson, their Speaker, and are ready to proceed to business. Cary Nicholas, from Virginia ;

1 Ordered, That Messrs. Anderson and JackABRAHAM Baldwin, from Georgia;

son be a committee on the part of the Senate, toJoseph Anderson and William Ćocke, from 'gether with such committee as the House of Tennessee.

Representatives may appoint on their part, to STEPHEN R. BRADLEY, appointed a Senator by wait on the President of the United States and the State of Vermont, for the remainder of the notify him that a quorum of the two Houses is term for which their late Senator, Elijah Paine, assembled, and ready to receive any communicawas appointed; John BRECKENRIDGE, appointed a tions that he may be pleased to make to them. Senator by the State of Kentucky; CHRISTOPHER A message from the House of Representatives ELLERY, appointed a Senator by the State of informed the Senate that the House agree to the Rhode Island, for the remainder of the term for resolution of the Senate for the appointment of a which their late Senator, Ray Greene, was ap- joint committee to wait on the President of the pointed; James Jackson, appointed a Senator by United States, and have appointed a committee the State of Georgia; George Logan, appointed on their part. a Senator by the Executive of the State of Penn Resolved, That a committee be appointed to sylvania

, in the place of their late Senator, Peter join such gentlemen as shall be appointed by the Muhlenberg, resigned; Simeon Olcott, appoint- House of Representatives, to take into consideraed a Senator by the State of New Hampshire, for tion a statement made this day by the Secretary the remainder of the term for which iheir 'late of the Senate, respecting books and maps purSenator, Samuel Livermore, was appointed; Uri- chased in consequence of an act of Congress, passAh Tracy, a ppointed a Senator by the State of ed 24th April, 1800, and to make report of their Connecticut; and ROBERT Wright, appointed a opinion respecting the future arrangement of said Senator by the State of Maryland, severally pro- books and maps; and that Messrs. Tracy and daced their credentials, and took their seats in the Nicholas be the committee on the part of the Senate.

Senate. The Vice President being absent, the Senate Mr. ANDERSON reported, from the joint comproceeded to the election of a President pro tem- mittee, that they had waited on the President of pore, as the Constitution provides; and Abraham the United States and acquainted him that a quoBaldwin was chosen.

rum of both Houses is assembled, and that the The President administered the oath, as the President of the United States informed the comlaw prescribes, to Mr. Bradley, Mr. BRECKEN- mittee that he would make a communication to RIDGE, Mr. ELLERY, Mr. Jackson, Mr. Olcott, them by message to-morrow. Mr. Tracy, and Mr. Wright, and the affirmation to Mr. Logan. Ordered, That the Secretary wait on the Pres

Tuesday, December 8. ident of the United States and acquaint him that JONATHAN DAYton and Aaron OGDEN, from a quorum of the Senate is assembled, and that, in the State of New Jersey, and Jesse FRANKLIN

SENATE.

President's Message.

DECEMBER, 1801.

from the State of North Carolina, severally at- to this confidence, and strengthens, at the same time, tended.

the hope that wrongs committed on unoffending friends, Resolved, That two Chaplains, of different de- under a pressure of circumstances, will now be reviewed nominations, be appointed to Congress for the with candor, and will be considered as founding just present session, one by each House, who shall claims of restribution for the past, and new assurances interchange weekly.

for the future. A message from the House of Representatives

Among our Indian neighbors, also, a spirit of peace informed the Senate that the House concur in the and friendship generally prevails ; and I am happy to resolution of the Senate for the appointment of a

inform you that the continued efforts to introduce joint committee respecting the books and maps

among them the implements and the practice of huspurchased in pursuance of an act of Congress, of bandry, and of the household arts

, have not been with

out success; that they are becoming more and more senthe 24th of April, 1800, and have appointed a com-sible of the superiority of this dependence for clothing mittee on their part. They agree to the resolution and subsistence, over the precarious resources of huntof the Senate for the appointment of two Chap-ing and fishing; and already we are able to announce lains during the present session.

that, instead of that constant diminution of their numResolved, That each Senator be supplied, during bers, produced by their wars and their wants, some of the present session, with three such newspapers, them begin to experience an increase of population. printed in any of the States, as he may choose, To this state of general peace with which we have provided that the same be furnished at the rate been blessed, one only exception exists. Tripoli, the usual for the annual charge of such papers. least considerable of the Barbary States, had come for

ward with demands unfounded either in right or in comPRESIDENT'S MESSAGE.

pact, and had permitted itself to denounce war, on our The following Letter and Message were re- failure to comply before a given day. The style of the ceived from the PRESIDENT OF THE UNITED demands admitted but one answer. I sent a small States, by Mr. Lewis, his Secretary:

squadron of frigates into the Mediterranean, with assur

ances to that Power of our sincere desire to remain in

DECEMBER 8, 1801. SIR: The circumstances under which we find our

peace; but with orders to protect our commerce against

the threatened attack. The measure was seasonable selves at this place rendering inconvenient the mode and salutary. The Bey had already declared war. His heretofore practised, of making by personal address the

cruisers were out. Two had arrived at Gibraltar. Our first communications between the Legislative and Ex

commerce in the Mediterranean was blockaded, and ecutive branches, I have adopted that by Message, as used on all subsequent occasions through the session that of the Atlantic in peril. The arrival of our squadIn doing this I have had principal regard to the conve

ron dispelled the danger. One of the Tripolitan cruisnience of the Legislature, to the economy of their time, Iers, having fallen in with and engaged the small schooner to their relief from the embarrassment of immediate had gone as a tender to our larger vessels, was captured,

Enterprize, commanded by Lieutenant Sterret, which answers, on subjects not yet fully before them, and to after a heavy slaughter of her men, without the loss of a the benefits thence resulting to the public affairs. single one on our part. The bravery exhibited by our Trusting that a procedure founded in these motives citizens on that element will, I trust

, be a testimony to will meet their approbation, I beg leave, through you, the world that it is not the want of that virtue which sir, to communicate the enclosed Message, with the makes us seek their peace, but a conscientious desire documents accompanying it, to the honorable the Sen- direct the energies of our nation to the multiplication ate, and pray you to accept, for yourself and them, the of the human race, and not to its destruction. Unauhomage of my high respect and consideration.

thorized by the Constitution, without the sanction of

TH: JEFFERSON. The Hon. the PRESIDENT OF THE SENATE.

Congress, to go beyond the line of defence, the vessel,

being disabled from committing further hostilities, was Fellow-citizens of the Senate,

liberated with its crew. The Legislature will doubtless and House of Representatives :

consider whether, by authorizing measures of offence also, It is a circumstance of sincere gratification to me they will place our force on an equal footing with that that, on meeting the great council of our nation, I am of its adversaries. I communicate all material informaable to announce to them, on grounds of reasonable tion on this subject, that, in the exercise of this imporcertainty, that the wars and troubles which for so ma tant function confided by the Constitution to the Legis. ny years afflicted our sister nations, have at length lature exclusively, their judgment may form itself on a come to an end; and that the communications of peace knowledge and consideration of every circumstance of and commerce are once more opening among them. weight. Whilst we devoutly return thanks to the beneficent I wish I could say that our situation with all the Being who has been pleased to breathe into them the other Barbary States was entirely satisfactory. Discovspirit of conciliation and forgiveness, we are bound, ering that some delays had taken place in the perform. with peculiar gratitude, to be thankful to Him that our ance of certain articles stipulated by us, I thought it own peace has been preserved through so perilous a sea- my duty, by immediate measures for fulfilling them, to son, and ourselves permitted quietly to cultivate the vindicate to ourselves the right of considering the efearth, and to practice and inprove those arts which tend fect of departure from stipulation on their side. From to increase our comforts. The assurances, indeed, of the papers which will be laid before you, you will be friendly disposition, received from all the Powers with enabled to judge whether our treaties are regarded by whom we have principal relations, had inspired a con- them as fixing at all the measure of their demands, or, fidence that our peace with them would not have been as guarding from the exercise of force our vessels withdisturbed. But a cessation of irregularities which had in their power; and to consider how far it will be safe affected the commerce of neutral nations, and of the ir- and expedient to leave our affairs with them in their presritations and injuries produced by them, cannot but add'ent posture.

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