EIGHTH CONGRESS.—SECOND SESSION.

BEGUN AT THE CITY OF WASHINGTON, NOVEMBER 5, 1804.

PROCEEDINGS IN THE SENATE.

Monday, November 5, 1804.

The second session of the Eighth Congress, conformably to the act passed at the last session, entitled, “An act altering the time for the next meeting of Congress,” commenced this day; and the Senate assembled at the City of Washington.

PRESENT:

Aaron Burr, Vice President of the United States and President of the Senate.

Simeon Olcott and William Plumer, from New Hampshire.

John Quincy Adams, from Massachusetts.

Uriah Tracy, from Connecticut.

Christopher Ellery, from Rhode Island.

Stephen R. Bradley and Israel Smith, from Vermont.

John Condit, from New Jersey.

Samuel White, from Delaware.

Samuel Smith, from Maryland.

Abraham Baldwin, from Georgia; and

Thomas Worthington, from Ohio.

William B. Giles, appointed a Senator by the Executive of the Commonwealth of Virginia, in place of Abraham B. Venable, resigned, took his seat, and his credentials were read.

The Vice President gave notice that he had received a letter from William Hill Wells, a Senator from the State of Delaware, resigning his seat in the Senate.

The number of Senators present not being sufficient to constitute a quorum, the Senate adjourned.

Tuesday, November 6.

Jesse Franklin, from the State of North Carolina, George Logan, from the State of Pennsylvania, and Timothy Pickering, from the State of Massachusetts, severally attended.

Andrew Moore, appointed a Senator by the Executive of the Commonwealth of Virginia, in place of Wilson C. Nicholas, resigned, took his seat, and his credentials were read.

The President administered the oath to Mr. Giles and Mr. Moore, as the law prescribes.

Ordered—That the President be requested to notify the Executive of the State of Delaware of the resignation of Mr. Wells.

No quorum being present, the Senate adjourned.

Wednesday, November 7.

Robert Wright, from the State of Maryland, attended.

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

A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled and ready to proceed to business. The House of Representatives have appointed a committee on their part, jointly, with such committee as the Senate may appoint, 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 have also passed a resolution that two chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly; in which several resolutions they desire the concurrence of the Senate.

The Senate took into consideration the resolution of the House of Representatives for the appointment of a joint committee to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled; and concurred therein, and Messrs. Samuel Smith and Baldwin were appointed the committee on the part of the Senate.

The Senate took into consideration the Resolution of the House of Representatives for the appointment of two chaplains to Congress during the present session, and, having agreed thereto, proceeded to the choice of a chaplain on their part; and the Rev. Mr. McCormick was duly elected.

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

Thursday, November 8.

Jonathan Dayton, from the State of New Jersey, and James Hillhouse, from the State of Connecticut, severally attended.

The following message was received from the President of the United States:—

To the Senate and House of Representatives of the United States:

To a people, fellow-citizens, who sincerely desire the happiness and prosperity of other nations, to those who justly calculate that their own well-being is advanced by that of the nations with which they have intercourse, it will be a satisfaction to observe, that the war which was lighted up in Europe a little before our last meeting, has not yet extended its flames to other nations, nor been marked by the calamities which sometimes stain the footsteps of war. The irregularities, too, on the ocean, which generally harass the commerce of neutral nations, have, in distant parts, disturbed ours less than on former occasions. But, in the American seas, they have been greater from peculiar causes; and even within our harbors and jurisdiction, infringements on the authority of the laws have been committed, which have called for serious attention.

While noticing the irregularities committed on the ocean by others, those on our own part should not be omitted, nor left unprovided for. Complaints have been received that persons residing within the United States have taken on themselves to arm merchant vessels, and to force a commerce into certain ports and countries in defiance of the laws of those countries. That individuals should undertake to wage private war, independently of the authority of their country, cannot be permitted in a well-ordered society. Its tendency to produce aggression on the laws and rights of other nations, and to endanger the peace of our own, is so obvious that I doubt not you will adopt measures for restraining it effectually in future.

With the nations of Europe, in general, our friendship and intercourse are undisturbed, and from the governments of the belligerent powers especially, we continue to receive those friendly manifestations which are justly due to an honest neutrality, and to such good offices consistent with that as we have opportunities of rendering.

The activity and success of the small force employed in the Mediterranean in the early part of the present year, the reinforcements sent into that sea, and the energy of the officers having command in the several vessels, will, I trust, by the sufferings of war, reduce the barbarians of Tripoli to the desire of peace on proper terms.

The Bey of Tunis having made requisitions unauthorized by our treaty, their rejection has produced from him some expressions of discontent. But to those who expect us to calculate whether a compliance with unjust demands will not cost us less than a war, we must leave as a question of calculation for them; also, whether to retire from unjust demands will not cost them less than a war. We can do to each other very sensible injuries by war; but the mutual advantages of peace make that the best interest of both.

In pursuance of the act providing for the temporary government of Louisiana, the necessary officers for the Territory of Orleans were appointed in due time, to commence the exercise of their functions on the first day of October. The distance, however, of some of them, and indispensable previous arrangements, may have retarded its commencement in some of its parts; the form of government thus provided having been considered but as temporary, and open to such future improvements as further information of the circumstances of our brethren there might suggest, it will of course be subject to your consideration.

The act of Congress of February 28, 1803, for building and employing a number of gunboats, is now in a course of execution to the extent there provided for. The obstacle to naval enterprise which vessels of this construction offer for our seaport towns; their utility towards supporting, within our waters, the authority of the laws; the promptness with which they will be manned by the seamen and militia of the place in the moment they are wanting; the facility of their assembling from different parts of the coast to any point where they are required in greater force than ordinary; the economy of their maintenance and preservation from decay when not in actual service; and the competence of our finances to this defensive provision, without any new burden, are considerations which will have due weight with Congress in deciding on the expediency of adding to their number from year to year, as experience shall test their utility, until all our important harbors, by these and auxiliary means, shall be secured against insult and opposition to the laws.

The state of our finances continues to fulfil out expectations. Eleven millions and a half of dollars, received in the course of the year ending the 30th of September last, have enabled us, after meeting all the ordinary expenses of the year, to pay upwards of three million six hundred thousand dollars of the public debt, exclusive of interest. This payment, with those of the two preceding years, has extinguished upwards of twelve millions of the principal and a greater sum of interest within that period; and, by a proportionate diminution of interest, renders already sensible the effect of the growing sum yearly applicable to the discharge of the principal.

These, fellow-citizens, are the principal matters which I have thought it necessary, at this time, to communicate for your consideration and attention. Some others will be laid before you in the course of the session; but, in the discharge of the great duties confided to you by our country, you will take a broader view of the field of legislation. Whether the great interests of agriculture, manufactures, commerce, or navigation, can, within the pale of your constitutional powers, be aided in any of their relations; whether laws are provided in all cases, where they are wanting; whether those provided are exactly what they should be; whether any abuses take place in their administration, or in that of the public revenues; whether the organization of the public agents, or of the public force, is perfect in all its parts: in fine, whether any thing can be done to advance the general good, or questions within the limits of your functions, which will necessarily occupy your attention. In these and all other matters which you in your wisdom may propose for the good of our country, you may count with assurance on my hearty co-operation and faithful execution.

TH. JEFFERSON.

November 8, 1804.

The message was read, and with the documents therein referred to, ordered to be printed for the use of the Senate.

Friday, November 9.

Thomas Sumter, from the State of South Carolina, attended.

A message from the House of Representatives informed the Senate that the House have appointed the Rev. William Bentley a chaplain to Congress on their part during the present session.

Monday, November 12.

William Cocke, from the State of Tennessee, and David Stone, from the State of North Carolina, severally attended.

Thursday, November 15.

Samuel Maclay, from the State of Pennsylvania, and John Smith, from the State of New York, severally attended.

Tuesday, November 20.

A message from the House of Representatives informed the Senate that the House have passed a “resolution expressive of the sense of Congress of the gallant conduct of Captain Stephen Decatur, the officers and crew of the United States ketch Intrepid, in attacking in the harbor of Tripoli, and destroying a Tripolitan frigate of forty-four guns,” in which they desire the concurrence of the Senate.

The resolution last mentioned was read and passed to the second reading.

Thursday, November 22.

The resolution of the House of Representatives expressive of the sense of Congress of the gallant conduct of Capt. Stephen Decatur, the officers and crew of the United States ketch Intrepid, was read the second time, and referred to Messrs. Bradley, Baldwin, and Giles, to consider and report thereon to the Senate.

Friday, November 23.

The President laid before the Senate the credentials of James A. Bayard, appointed a Senator by the Legislature of the State of Delaware, in place of William Hill Wells, resigned, and the credentials were read.

Samuel L. Mitchill, appointed a Senator by the Legislature of New York, in place of John Armstrong, whose seat has become vacant by his mission to France, took his seat in the Senate, and produced his credentials, which were read, and the oath was administered to him by the President, as the law prescribes.

Friday, November 30.

John Smith, from the State of Ohio, and John Breckenridge, from the State of Kentucky, severally attended.

Monday, December 3.

Benjamin Howland, appointed a Senator by the Legislature of the State of Rhode Island, in the place of Samuel J. Potter, deceased, took his seat and produced his credentials; which were read, and the oath was administered to him by the President, as the law prescribes.

Tuesday, December 4.

James Jackson, from the State of Georgia, attended.

Thursday, December 6.

Joseph Anderson, from the State of Tennessee, attended.

Monday, December 17.

The credentials of William B. Giles, appointed a Senator by the Legislature of the Commonwealth of Virginia, in the room of Wilson C. Nicholas, resigned, and the credentials of Andrew Moore, appointed a Senator by the Legislature of the Commonwealth of Virginia, in the room of Abraham B. Venable, resigned, were severally read, and the oath was administered to them, respectively, as the law prescribes.

Wednesday, December 26.

John Brown, from the State of Kentucky, attended.

Monday, January 7, 1805.

The letter of Pierce Butler, Esq., announcing the resignation of his seat in the Senate, was read.

Monday, January 14.

Mourning for the Honorable Mr. Potter.

On motion, it was

Resolved, That the members of the Senate, from a sincere desire of showing every mark of respect to the Honorable Samuel J. Potter, 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.[13]

Tuesday, January 15.

The Vice President being absent, the Senate proceeded to the choice of a President pro tempore, as the constitution provides, and the Honorable Joseph Anderson was elected.

Ordered, That the Secretary wait on the President of the United States and acquaint him that, the Vice-President being absent, the Senate have elected the Honorable Joseph Anderson President of the Senate pro tempore.

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

James A. Bayard, from the State of Delaware, attended. His credentials having been presented and read on the 23d of November last, the oath was administered to him by the President, as the law prescribes, and he took his seat in the Senate.

Thursday, January 17.

General Moses Hazen.

The bill entitled “An act for the relief of Charlotte Hazen, widow and relict of the late Brigadier General Moses Hazen,” was read the third time, further amended, and the blank filled with the words “two hundred;” and on the question, Shall this bill pass as amended? it was determined in the affirmative—yeas 20, nays 8, as follows:

Yeas.—Messrs. Anderson, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Howland, Logan, Maclay, Mitchill, Moore, Smith of Maryland, Smith of New York, Smith of Vermont, Stone, Sumter, Worthington, and Wright.

Nays.—Messrs. Adams, Baldwin, Dayton, Hillhouse, Olcott, Plumer, and Tracy.

So it was Resolved, That this bill do pass as amended.

Monday, January 21.

African Slavery.

Mr. Logan presented a petition signed Thomas Morris, clerk, on behalf of the meeting of the representatives of the people called Quakers, in Pennsylvania, New Jersey, &c., stating that the petitioners, from a sense of religious duty, had again come forward, to plead the cause of their oppressed and degraded fellow-men of the African race; and on the question, Shall this petition be received? it passed in the affirmative—yeas 19, nays 9, as follows:

Yeas.—Messrs. Adams, Bayard, Brown, Condit, Franklin, Hillhouse, Howland, Logan, Maclay, Mitchill, Olcott, Pickering, Plumer, Smith of Ohio, Smith of Vermont, Stone, Sumter, White, and Worthington.

Nays.—Messrs. Anderson, Baldwin, Bradley, Cocke, Jackson, Moore, Smith of Maryland, Smith of New York, and Wright.

So the petition was read.

Tuesday, January 29.

Government of the Territory of Orleans.

Mr. Giles, from the committee to whom was referred, on the 4th instant, the petition of the merchants, planters, and other inhabitants of Louisiana, reported a bill further providing for the government of the Territory of Orleans; and the bill was read, and ordered to the second reading.

The bill is as follows:

A Bill further providing for the government of the Territory of Orleans.

Be it enacted, &c., That the President of the United States be and he is hereby authorized to establish within the Territory of Orleans, a government in all respects similar (except as is herein otherwise provided) to that now exercised in the Mississippi Territory, and shall, in the recess of the Senate, but to be nominated at their next meeting, for their advice and consent, appoint all the officers necessary therein, in conformity with the ordinance of Congress, made on the 20th day of July, 1787, and that from and after the establishment of the said government, the inhabitants of the Territory of Orleans shall be entitled to and enjoy all the rights, privileges, and advantages, secured by the said ordinance, and now enjoyed by the people of the Mississippi Territory.

Sec. 2. And be it further enacted, That so much of the said ordinance of Congress as relates to the organization of a General Assembly, and prescribes the power thereof, shall, from and after the —— day of —— next, be in force in the said Territory of Orleans; and in order to carry the same into operation, the Governor of the said Territory shall cause to be elected twenty-five representatives, for which purpose he shall lay off the said Territory into convenient election districts, on or before the —— day of —— next, and give due notice thereof throughout the same and first appoint the most convenient place, within each of the said districts, for holding the elections; and shall nominate a proper officer or officers to preside at and conduct the same, and to return to him the names of the persons who may have been duly elected. All subsequent elections shall be regulated by the Legislature; and the number of representatives shall be determined, and the apportionment made in the manner prescribed by the said ordinance.

Sec. 3. And be it further enacted, That the representatives to be chosen as aforesaid, shall be convened by the Governor, in the city of Orleans, on the —— day of —— next. The General Assembly shall meet at least once in every year, and such meeting shall be on the —— Monday in —— annually, unless they shall by law appoint a different day. Neither House, during the session, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two branches are sitting.

Sec. 4. And be it further enacted, That the laws in force in the said Territory, at the commencement of this act, and not inconsistent with the provisions thereof, shall continue in force, until altered, modified, or repealed by the Legislature.

Sec. 5. And be it further enacted, That the second paragraph of the said ordinance, which regulates the descent and distribution of estates; and also the sixth article of compact which is annexed to and makes part of said ordinance, are hereby declared not to extend to, but are excluded from all operation within the said Territory of Orleans.

Sec. 6. And be it further enacted, That the Governor, Secretary, and Judges, to be appointed by virtue of this act, shall be severally allowed the same compensation which is now allowed to the Governor, Secretary, and Judges, of the Territory of Orleans. And all the additional officers authorized by this act shall respectively receive the same compensations for their services, as are by law established for similar offices in the Mississippi Territory, to be paid quarterly out of the revenues of import and tonnage, accruing within the said Territory of Orleans.

Sec. 7. And be it further enacted, That whenever it shall be ascertained by an actual census or enumeration of the inhabitants of the Territory of Orleans, taken by proper authority, that the number of inhabitants included therein shall amount to at least —— thousand souls, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons, the inhabitants of the said Territory, upon application to Congress for that purpose, and upon producing satisfactory proof that the number of souls included therein, ascertained as aforesaid, does actually amount to at least —— thousand, shall thereupon be authorized to form for themselves a constitution and State government, and be admitted into the Union upon the footing of the original States, in all respects whatever, conformably to the provisions of the third article of the Treaty concluded at Paris, on the 30th of April, 1803, between the United States and the French Republic: Provided, That the constitution so to be established, shall be republican, and not inconsistent with the Constitution of the United States, nor inconsistent with the ordinance of the late Congress, passed the 13th day of July, 1787, so far as the same is made applicable to the Territorial government hereby authorized to be established: Provided, however, That Congress shall be at liberty, at any time prior to the admission of the inhabitants of the said Territory to the rights of a separate State, to alter the boundaries thereof as they may judge proper: except only, that no alteration shall be made which shall procrastinate the period for the admission of the inhabitants thereof to the rights of a State Government, according to the provision of this act.

Sec. 8. And be it further enacted, That so much of an act entitled, “An act erecting Louisiana into two Territories, and providing for the temporary government thereof,” as is repugnant with this act, shall, from and after the —— day of —— next, be repealed.

Wednesday, January 30.

Army Uniform.

The President laid before the Senate the petition of Andrew Jackson, Major General, and sundry other militia officers and other citizens of the State of Tennessee, praying Congress to amend the articles and rules for the future government of the army, in respect to certain parts of their dress and uniform; and, on the question, Shall this petition be referred to the committee appointed on the 25th instant, who have under consideration the bill, entitled “An act for establishing rules and articles for the government of the armies of the United States?” it passed in the affirmative—yeas 16, nays 15, as follows:

Yeas.—Messrs. Adams, Anderson, Baldwin, Bayard, Bradley, Cocke, Condit, Franklin, Hillhouse, Maclay, Mitchill, Olcott, Pickering, Plumer, Stone, and Worthington.

Nays.—Messrs. Breckenridge, Brown, Dayton, Giles, Howland, Jackson, Logan, Moore, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Vermont, Sumter, White, and Wright.

Thursday, January 31.

John Gaillard, appointed a Senator by the Legislature of the State of South Carolina, in the room of Pierce Butler, resigned, took his seat in the Senate, and the oath prescribed was administered to him by the President.[14]

Tuesday, February 12.

Opening and Counting Votes for President and Vice President.

Resolved, That the Senate will be ready to receive the House of Representatives in the Senate Chamber, on Wednesday the 13th instant, February, at noon, for the purpose of being present at the opening and counting the votes for President and Vice President of the United States. That one person be appointed a teller on the part of the Senate, to make a list of the votes for President and Vice President of the United States, as they shall be declared, and that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the Journals, and, if it shall appear that a choice hath been made agreeably to the constitution, such entry on the Journals shall be deemed a sufficient declaration thereof.

Ordered, That the Secretary do carry this resolution to the House of Representatives.

Wednesday, February 13.

Counting of Electoral Votes for President and Vice President.

About twelve o’clock the Senators took their seats; and immediately after the Speaker and members of the House of Representatives entered; the Speaker and Clerk occupying seats on the floor on the right side of the President of the Senate, and the members of the House being seated in front.

Mr. Samuel Smith, teller on the part of the Senate, and Mr. Joseph Clay, and Mr. Roger Griswold, tellers on the part of the House, took seats at a table placed in front of the Chair, in the area between the Senate and House.

The Secretary of the Senate read the resolutions of the two Houses, previously agreed to.

The President (Mr. Burr) stated that, pursuant to law, there had been transmitted to him several packets, which, from the endorsements upon them, appeared to be the votes of the Electors of a President and Vice President; that the returns forwarded by the mail, as well as the duplicates sent by special messengers, had been received by him in due time. You will now proceed, gentlemen, said he, to count the votes as the constitution and laws direct; adding that, perceiving no cause for preference in the order of opening the returns, he would pursue a geographical arrangement, beginning with the Northern States.

The President then proceeded to break the seals of the respective returns, handing each return, and its accompanying duplicate, as the seals of each were broken, to the tellers through, the Secretary; Mr. S. Smith reading aloud the returns, and the attestations of the appointment of the Electors, and Mr. J. Clay and Mr. R. Griswold comparing them with the duplicate return lying before them.

According to which enumeration, the following appeared to be the result.

STATES. President. V. Pres’dt

Th. Jefferson. C. C. Pinckney. Geo. Clinton. Rufus King.

New Hampshire 7 - 7

Massachusetts 19 - 19

[A]Rhode Island 4 - 4

Connecticut - - - 9

Vermont 6 - 6

New York 19 - 19

New Jersey 8 - 8

Pennsylvania 20 - 20

Delaware - 3 - 3

Maryland 9 2 9 2

Virginia 24 - 24

North Carolina 14 - 14

South Carolina 10 - 10

[B]Georgia 6 - 6

Tennessee 5 - 5

Kentucky 8 - 8

[C]Ohio 3 - 3

Total 162 14 162 14

After the returns had been all examined, without any objection having been made to receiving any of the votes, Mr. S. Smith, on behalf of the tellers, communicated to the President the foregoing result, which was read from the Chair; when, the Vice President said, upon this report it becomes my duty to declare, agreeably to the constitution, that Thomas Jefferson is elected President of the United States, for the term of four years from the third day of March next, and that George Clinton is elected Vice President of the United States, for the term of four years from the third day of March next.

[Previous to the above proceedings, a short debate arose in the Senate on the keeping of the doors open or shut during the counting of the votes. Mr. Wright submitted a motion for their being kept open, which, after some opposition, was agreed to.]

Saturday, February 16.

Absent Members.

A motion was made,

“That a call of the Senate take place every morning at the hour to which the Senate is adjourned, and that absent members be not permitted to take their seats until a satisfactory excuse be made, or the opinion of the Senate be had thereon.”

Wednesday, February 20.

Tripolitan War.

The following Message was received from the President of the United States:

To the Senate and House of Representatives of the United States:

I communicate, for the information of Congress, a letter of September 18th, from Commodore Preble, giving a detailed account of the transactions of the vessels under his command, from July the 9th, to the 10th of September last past.

The energy and judgment displayed by this excellent officer, through the whole course of the service lately confided to him, and the zeal and valor of his officers and men, in the several enterprises executed by them, cannot fail to give high satisfaction to Congress and their country, of whom they have deserved well.

TH. JEFFERSON.

February 20, 1805.

Friday, February 22.

The bill freeing from postage all letters and packets to and from Aaron Burr, was read the second time.

Saturday, February 23.

Mr. Logan gave notice that he should, on Monday next, ask leave to bring in a bill to prohibit the granting clearances to vessels bound to St. Domingo.

Monday, February 25.

Commodore Preble.

Mr. Jackson laid on the table a motion expressive of the high sense Congress entertain of the gallant and meritorious services of Commodore Edward Preble, and the officers, seamen, and marines, under his command; and the motion was read; and it was agreed that it be referred to a select committee.

Wednesday, February 27.

Franking Privilege to Aaron Burr.

The Senate resumed the second reading of the bill freeing from postage all letters and packets to and from Aaron Burr; and, on the question, Shall this bill pass to the third reading? it was determined in the affirmative—yeas 18, nays 9, as follows:

Yeas.—Messrs. Adams, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Dayton, Franklin, Gaillard, Giles, Jackson, Mitchill, Moore, Smith of Maryland, Smith of Ohio, Smith of Vermont, and Wright.

Nays.—Messrs. Ellery, Hillhouse, Howland, Logan, Olcott, Pickering, Plumer, Sumter, and Worthington.[15]

Thursday, February 28.

The Vice President being indisposed, the Senate proceeded to the choice of a President pro tempore as the constitution provides, and the Hon. Joseph Anderson was elected.

Ordered, That the Secretary wait on the President of the United States, and acquaint him that, the Vice President being absent, the Senate have elected the Hon. Joseph Anderson President of the Senate pro tempore.

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

The following Messages were received from the President of the United States:

To the Senate and House of Representatives of the United States:

I now lay before Congress a statement of the militia of the United States, according to the returns last received from the several States. It will be perceived that some of these are not recent dates, and that from the States of Maryland, Delaware, and Tennessee, no returns are stated. As far as appears from our records, none were ever rendered from either of these States.

TH. JEFFERSON.

February 28, 1805.

To the Senate and House of Representatives of the United States:

I now render to Congress the account of the fund established by the act of May 1st, 1802, for defraying the contingent charges of Government. No occasion having arisen for making use of any part of the balance of $18,560, unexpended on the 31st day of December, 1803, when the last account was rendered by Message, that balance has been carried to the credit of the surplus fund.

TH. JEFFERSON.

February 28, 1805.

The messages and documents therein referred to were severally read, and ordered to lie for consideration.

Franking Privilege to Col. Burr.

The bill freeing from postage all letters and packets to and from Aaron Burr was read the third time; on motion to postpone the further consideration thereof until the first Monday in December next, it passed in the negative—yeas 12, nays 18, as follows:

Yeas.—Messrs. Baldwin, Ellery, Franklin, Hillhouse, Howland, Logan, Maclay, Olcott, Pickering, Plumer, Stone, and Sumter.

Nays.—Messrs. Adams, Anderson, Bradley, Breckenridge, Brown, Cocke, Condit, Dayton, Gaillard, Jackson, Mitchill, Moore, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Vermont, Worthington, and Wright.

On the question, Shall this bill pass? it was determined in the affirmative—yeas 18, nays 13, as follows:

Yeas.—Messrs. Adams, Anderson, Bradley, Breckenridge, Brown, Cocke, Condit, Dayton, Gaillard, Jackson, Mitchill, Moore, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Vermont, White, and Wright.

Nays.—Messrs. Baldwin, Ellery, Franklin, Hillhouse, Howland, Logan, Maclay, Olcott, Pickering, Plumer, Stone, Sumter, and Worthington.

So it was Resolved, that this bill do pass, that it be engrossed, and that the title thereof be “An act freeing from postage all letters and packets to and from Aaron Burr.”

Saturday, March 2.

Resignation of Vice President Burr.

BURR’S ADDRESS.

The Vice President took an affectionate leave of the Senate, in substance as follows:

“Mr. Burr began by saying, that he had intended to pass the day with them, but the increase of a slight indisposition (sore throat) had determined him then to take leave of them. He touched lightly on some of the rules and orders of the House, and recommended, in one or two points, alterations, of which he briefly explained the reasons and principles.

“He said he was sensible he must at times have wounded the feelings of individual members. He had ever avoided entering into explanations at the time, because a moment of irritation was not a moment for explanation; because his position (being in the chair) rendered it impossible to enter into explanations without obvious danger of consequences which might hazard the dignity of the Senate, or prove disagreeable and injurious in more than one point of view; that he had, therefore, preferred to leave to their reflections his justification; that, on his part, he had no injuries to complain of; if any had been done or attempted, he was ignorant of the authors; and if he had ever heard, he had forgotten, for, he thanked God, he had no memory for injuries.

“He doubted not but that they had found occasion to observe, that to be prompt was not therefore to be precipitate; and that to act without delay was not always to act without reflection; that error was often to be preferred to indecision; that his errors, whatever they might have been, were those of rule and principle, and not of caprice; that it could not be deemed arrogance in him to say that, in his official conduct, he had known no party, no cause, no friend; that if, in the opinion of any, the discipline which had been established approached to rigor, they would at least admit that it was uniform and indiscriminate.

“He further remarked, that the ignorant and unthinking affected to treat as unnecessary and fastidious a rigid attention to rules and decorum; but he thought nothing trivial which touched, however remotely, the dignity of that body; and he appealed to their experience for the justice of this sentiment, and urged them in language the most impressive, and in a manner the most commanding, to avoid the smallest relaxation of the habits which he had endeavored, to inculcate and establish.

“But he challenged their attention to considerations more momentous than any which regarded merely their personal honor and character—the preservation of law, of liberty, and the constitution. This House, said he, is a sanctuary; a citadel of law, of order, and of liberty; and it is here—it is here, in this exalted refuge; here, if any where, will resistance be made to the storms of political frenzy and the silent arts of corruption; and if the constitution be destined ever to perish by the sacrilegious hands of the demagogue or the usurper, which God avert, its expiring agonies will be witnessed on this floor.

“He then adverted to those affecting sentiments which attended a final separation—a dissolution, perhaps for ever, of those associations which he hoped had been mutually satisfactory. He consoled himself, however, and them, with the reflection, that, though they separated, they would be engaged in the common cause of disseminating principles of freedom and social order. He should always regard the proceedings of that body with interest and with solicitude. He should feel for their honor and the national honor so intimately connected with it, and took his leave with expressions of personal respect, and with prayers, and wishes,” &c.[16]

Whereupon, the Senate proceeded to the choice of a President pro tempore, as the constitution provides; and the Honorable Joseph Anderson was elected.

Ordered, That the Secretary wait on the President of the United States, and acquaint him that, the Vice President being absent, the Senate have elected the Honorable Joseph Anderson President of the Senate pro tempore.

Ordered, That the Secretary notify the same to the House of Representatives.

Resolved unanimously, That the thanks of the Senate be presented to Aaron Burr, in testimony of the impartiality, dignity, and ability, with which he has presided over their deliberations, and of their entire approbation of his conduct in discharge of the arduous and important duties assigned him as President of the Senate.

Ordered, That Messrs. Smith of Maryland, and White, be a committee to communicate to him this resolution.

Sunday, March 3.

Reply of Vice President Burr to the Vote of Thanks.

Mr. Smith of Maryland, from the committee appointed for that purpose, reported that they had waited on the Vice President, agreeably to the resolution of yesterday, to which he made the following reply:

To the Senate of the United States:

Gentlemen: Next to the satisfaction derived from the consciousness of having discharged my duty, is that which arises from the favorable opinion of those who have been the constant witnesses of my official conduct; and the value of this flattering mark of their esteem is greatly enhanced by the promptitude and unanimity with which it is offered.

I pray you to accept my respectful acknowledgments, and the assurance of my inviolable attachment to the interests and dignity of the Senate.

A. BURR.

March 3, 1805.

Adjournment.

On motion,

Resolved, That Messrs. Adams, and Smith of Maryland, be a committee on the part of the Senate, with such as the House of Representatives may join, to wait on the President of the United States, and notify him that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn.

Ordered, That the Secretary acquaint the House of Representatives therewith, and desire the appointment of a committee on their part.

Mr. Adams, from the committee, reported that they had waited upon the President of the United States, who informed them that he had no further communications to make to the two Houses of Congress.

The Secretary was then directed to inform the House of Representatives that the Senate, having finished the business before them, are about to adjourn. Whereupon, the Senate adjourned.

March 4, 1805.

Inaugural Speech.

On Monday, at 12 o’clock, Thomas Jefferson, President of the United States, took the oath of office, and delivered the following Inaugural Speech in the Senate Chamber, in the presence of the members of the two Houses, and a large concourse of citizens:

Proceeding, fellow-citizens, to that qualification which the constitution requires before my entrance on the charge conferred on me, it is my duty to express the deep sense I entertain of this new proof of confidence from my fellow-citizens at large, and the zeal with which it inspires me so to conduct myself as may best satisfy their just expectations.

On taking this station, on a former occasion, I declared the principles on which I believed it my duty to administer the affairs of our commonwealth. My conscience tells me I have, on every occasion, acted up to that declaration, according to its obvious import, and to the understanding of every candid mind.

In the transaction of your foreign affairs, we have endeavored to cultivate the friendship of all nations, and especially of those with which we have the most important relations. We have done them justice on all occasions; favor, where favor was lawful, and cherished mutual interests and intercourse on fair and equal terms. We are firmly convinced, and we act on that conviction, that with nations, as with individuals, our interests, soundly calculated, will ever be found inseparable from our moral duties; and history-bears witness to the fact, that a just nation is trusted on its word, when recourse is had to armaments and wars to bridle others.

At home, fellow-citizens, you best know whether we have done well or ill. The suppression of unnecessary offices, of useless establishments and expenses, enabled us to discontinue our internal taxes. These, covering our land with officers,[17] and opening our doors to their intrusions, had already begun that process of domiciliary vexation, which, once entered, is scarcely to be restrained from reaching, successively, every article of property and produce. If, among these taxes, some minor ones fell, which had not been inconvenient, it was because their amount would not have paid the officers who collected them; and because, if they had any merit, the State authorities might adopt them instead of others less approved.

The remaining revenue, on the consumption of foreign articles, is paid chiefly by those who can afford to add foreign luxuries to domestic comforts. Being collected on our seaboard and frontiers only, and incorporated with the transactions of our mercantile citizens, it may be the pleasure and the pride of an American to ask, what farmer, what mechanic, what laborer, ever sees a tax-gatherer of the United States? These contributions enable us to support the current expenses of the Government; to fulfil contracts with foreign nations; to extinguish the native right of soil within our limits; to extend those limits; and to apply such a surplus to our public debts, as places, at a short day, their final redemption; and that redemption, once effected, the revenue thereby liberated may, by a just repartition of it among the States, and a corresponding amendment of the constitution, be applied, in time of peace, to rivers, canals, roads, arts, manufactures, education, and other great objects, within each State.[18] In time of war, if injustice by ourselves, or others, must sometimes produce war, increased, as the same revenue will be, by increased population and consumption, and aided by other resources reserved for that crisis, it may meet, within the year, all the expenses of the year, without encroaching on the rights of future generations, by burdening them with the debts of the past. War will then be but a suspension of useful works; and a return to a state of peace, a return to the progress of improvement.

I have said, fellow-citizens, that the income reserved had enabled us to extend our limits; but that extension may possibly pay for itself before we are called on; and, in the mean time, may keep down the accruing interest: in all events, it will replace the advances we shall have made. I know that the acquisition of Louisiana has been disapproved by some, from a candid apprehension that the enlargement of our territory would endanger its union. But who can limit the extent to which the federative principle may operate effectively? The larger our association, the less will it be shaken by local passions: and, in any view, is it not better that the opposite bank of the Mississippi should be settled by our own brethren and children, than by strangers of another family? With which should we be most likely to live in harmony and friendly intercourse?

In matters of religion, I have considered that its free exercise is placed by the constitution independent of the powers of the General Government. I have therefore undertaken, on no occasion, to prescribe the religious exercises suited to it; but have left them, as the constitution found them, under the direction and discipline of the Church or State authorities acknowledged by the several religious societies.

The aboriginal inhabitants of these countries I have regarded with the commiseration their history inspires. Endowed with the faculties and the rights of men, breathing an ardent love of liberty and independence, and occupying a country which left them no desire but to be undisturbed, the stream of overflowing population from other regions directed itself on these shores. Without power to divert, or habits to contend against it, they have been overwhelmed by the current, or driven before it. Now reduced within limits too narrow for the hunter state, humanity enjoins us to teach them agriculture and the domestic arts; to encourage them to that industry which alone can enable them to maintain their place in existence; and to prepare them in time for that state of society which, to bodily comforts, adds the improvement of the mind and morals. We have therefore liberally furnished them with the implements of husbandry and household use; we have placed among them instructors in the arts of first necessity; and they are covered with the ægis of the law against aggressors from among ourselves.

But the endeavors to enlighten them on the fate which awaits their present course of life, to induce them to exercise their reason, follow its dictates, and change their pursuits with the change of circumstances, have powerful obstacles to encounter. They are combated by the habits of their bodies, prejudices of their minds, ignorance, pride, and the influence of interested and crafty individuals among them, who feel themselves something in the present order of things, and fear to become nothing in any other. These persons inculcate a sanctimonious reverence for the customs of their ancestors; that whatsoever they did, must be done through all time; that reason is a false guide, and to advance under its counsel in their physical, moral, or political condition, is perilous innovation; that their duty is to remain as their Creator made them; ignorance being safety, and knowledge full of danger. In short, my friends, among them, also, is seen the action and counteraction of good sense and of bigotry. They, too, have their anti-philosophists, who find an interest in keeping things in their present state; who dread reformation, and exert all their faculties to maintain the ascendency of habit over the duty of improving our reason, and obeying its mandates.

In giving these outlines, I do not mean, fellow-citizens, to arrogate to myself the merit of the measures—that is due, in the first place, to the reflecting character of our citizens at large, who, by the weight of public opinion, influence and strengthen the public measures. It is due to the sound discretion with which they select from among themselves those to whom they confide the legislative duties. It is due to the zeal and wisdom of the characters thus selected, who lay the foundations of public happiness in wholesome laws, the execution of which alone remains for others; and it is due to the able and faithful auxiliaries, whose patriotism has associated them with me in the executive functions.

During this course of administration, and in order to disturb it, the artillery of the press has been levelled against us, charged with whatsoever its licentiousness could devise or dare. These abuses of an institution, so important to freedom and science, are deeply to be regretted, inasmuch as they tend to lessen its usefulness, and to sap its safety. They might, indeed, have been corrected by the wholesome punishments reserved to, and provided by, the laws of the several States against falsehood and defamation; but public duties, more urgent, press on the time of public servants, and the offenders have therefore been left to find their punishment in the public indignation.

Nor was it uninteresting to the world, that an experiment should be fairly and fully made, whether freedom of discussion, unaided by power, is not sufficient for the propagation and protection of truth; Whether a Government, conducting itself in the true spirit of its constitution, with zeal and purity, and doing no act which it would be unwilling the whole world should witness, can be written down by falsehood and defamation. The experiment has been tried. You have witnessed the scene. Our fellow-citizens looked on cool and collected. They saw the latent source from which these outrages proceeded. They gathered around their public functionaries; and when the constitution called them to the decision by suffrage, they pronounced their verdict honorable to those who had served them, and consolatory to the friend of man, who believes that he may be trusted with the control of his own affairs.

No inference is here intended, that the laws provided by the States against false and defamatory publications, should not be enforced. He who has time, renders a service to public morals and public tranquillity, in reforming these abuses by the salutary coercions of the law. But the experiment is noted to prove, that, since truth and reason have maintained their ground against false opinions, in league with false facts, the press, confined to truth, needs no other legal restraint. The public judgment will correct false reasonings and opinions, on a full hearing of all parties; and no other definite line can be drawn between the inestimable liberty of the press, and its demoralizing licentiousness. If there be still improprieties which this rule would not restrain, its supplement must be sought in the censorship of public opinion.

Contemplating the union of sentiment now manifested so generally, as auguring harmony and happiness to our future course, I offer to our country sincere congratulations. With those, too, not yet rallied to the same point, the disposition to do so is gaining strength. Facts are piercing through the veil drawn over them: and our doubting brethren will at length see that the mass of their fellow-citizens, with whom they cannot yet resolve to act, as to principles and measures, think as they think, and desire what they desire: that our wish, as well as theirs, is, that the public efforts may be directed honestly to the public good; that peace be cultivated; civil and religious liberty unassailed; law and order preserved; equality of rights maintained; and that state of property, equal or unequal, which results to every man from his own industry, or that of his father. When satisfied of these views, it is not in human nature that they should not approve and support them. In the mean time, let us cherish them with patient affection; let us do them justice, and more than justice, in all competitions of interest; and we need not doubt that truth, reason, and their own interests, will at length prevail; will gather them into the fold of their country, and will complete that entire union of opinion which gives to a nation the blessing of harmony, and the benefit of all its strength.

I shall now enter on the duties to which my fellow-citizens have again called me, and shall proceed in the spirit of those principles which they have approved. I fear not that any motives of interest may lead me astray. I am sensible of no passion which could seduce me, knowingly, from the path of justice; but the weaknesses of human nature, and the limits of my own understanding, will produce errors of judgment, sometimes injurious to your interests. I shall need, therefore, all the indulgence which I have heretofore experienced from my constituents. The want of it will certainly not lessen with increasing years. I shall need, too, the favor of that Being in whose hands we are; who led our fathers, as Israel of old, from their native land, and planted them in a country flowing with all the necessaries and comforts of life; who has covered our infancy with His providence, and our riper years with His wisdom and power; and to whose goodness I ask you to join in supplications with me, that He will so enlighten the minds of your servants, guide their councils, and prosper their measures, that, whatsoever they do, shall result in your good, and shall secure to you the peace, friendship, and approbation of all nations.

After which, the Chief Justice of the United States administered to him the oath of office prescribed by the constitution; and the oath was, in like manner, administered to George Clinton, Vice President of the United States; after which, the President and Vice President retired.