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12 1934

LIBRARY

PROCEEDINGS AND DEBATES

THE SENATE OF THE UNITED STATES,

AT THE THIRD SESSION OF THE ELEVENTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, DECEMBER 3, 1810.

SENATE.

President's Annual Message.

Smith, Collector of the District of Norfolk and Portsmouth, in Virginia, praying additional compensation, for reasons stated at large in his petition; which was read, and referred to a select committee to consider and report thereon; and Messrs. GILES, CRAWFORD, and LEIB, were appointed the committee.

Mr. SMITH, of Maryland, reported from the joint committee that they had waited on the President of the United States, and that the President informed the committee that he would make a communication to the two Houses tomorrow, at 12 o'clock.

Mr. SMITH, of Maryland, gave notice that, tomorrow, he should ask leave to bring in a bill to suspend the second section of the "Act supplementary to the act, entitled 'An act regulating foreign coins, and for other purposes."

WEDNESDAY, December 5.

TIMOTHY PICKERING, from the State of Massachusetts, and STEPHEN R. BRADLEY, from the State of Vermont, severally attended.

PRESIDENT'S ANNUAL MESSAGE.

DECEMBER, 1810.

on the subject of the act has been received. To a communication, from our Minister at London, of a revocation, by the French Government, of its Berlin and Milan decrees, it was answered, that the British system would be relinquished as soon as the repeal of and the commerce of neutral nations have been rethe French decrees should have actually taken effect, stored to the condition in which it stood previously to the promulgation of those decrees. This pledge, although it does not necessarily import, does not exOrders in Council, the practice of those novel blockclude, the intention of relinquishing, along with the ades, which have a like effect of interrupting our neutral commerce: and this further justice to the United States is the rather to be looked for, inasmuch as the blockades in question, being not more contrary to the established law of nations than inconsistent with the rules of blockade formally recognised by Great Britain herself, could have no alleged basis other than the plea of retaliation, alleged as the basis of the Orders in Council. Under the modification of the original orders of November, 1807, into the orders of April, 1809, there is, indeed, scarcely a nominal distinction between the orders and the blockades. One of those illegitimate blockades, bearing date in May, 1806, having been expressly avowed to be still unrescinded, and to be, in effect, comprehended in the Orders in Council, was too distinctly brought within the purview of

The following Message was received from the the act of Congress not to be comprehended in the PRESIDENT OF THE UNITED STATES: Fellow-citizens of the Senate

and House of Representatives:

The embarrassments which have prevailed in our foreign relations, and so much employed the deliberations of Congress, make it a primary duty in meeting you to communicate whatever may have occurred in

that branch of our national affairs.

The act of the last session of Congress concerning the commercial intercourse between the United States and Great Britain and France, and their dependencies, having invited, in a new form, a termination of their edicts against our neutral commerce; copies of the act were immediately forwarded to our Ministers at London and Paris, with a view that its object might be within the early attention of the French and Brit

ish Governments.

By the communication received through our Minister at Paris, it appeared that a knowledge of the act by the French Government was followed by a declaration that the Berlin and Milan decrees were revoked, and would cease to have effect on the first day of November ensuing. These being the only known edicts of France within the description of the act, and the revocation of them being such that they ceased at that date to violate our neutral commerce, the fact, as prescribed by law, was announced by a proclamation, bearing date the second day of November.

explanation of the requisites to a compliance with it. The British Government was accordingly apprized by our Minister near it, that such was the light in which the subject was to be regarded.

On the other important subjects depending between the United States and that Government, no progress has been made from which an early and satisfactory

result can be relied on.

act above cited.

The commerce of the United States with the north

of Europe, heretofore much vexed by licentious cruisers, particularly under the Danish flag, has latterly been visited with fresh and extensive depredations. The measures pursued in behalf of our injured citizens, not having obtained justice for them, a further and more formal interposition with the Danish Government is contemplated. The principles which have been maintained by that Government in relation to neutral commerce, and the friendly professions of His Danish Majesty towards the United States, are valuable pledges in favor of a successful issue.

Spanish monarchy, our attention was imperiously atAmong the events growing out of the state of the tracted to the change developing itself in that portion of West Florida which, though of right appertaining to the United States, had remained in the possession of Spain, awaiting the result of negotiations for its actual delivery to them. The Spanish authority was subverted, and a situation produced exposing the country to ulterior events which might essentially affect the rights and welfare of the Union. In such a conjuncture I did not delay the interposition required for the occupancy of the territory west of the river Perdido, to which the title of the United States extends, and to which the laws provided for the Territory of Orleans are applicaFrom the British Government, no communication | ble. With this view, the proclamation, of which a

It would have well accorded with the conciliatory views indicated by this proceeding on the part of France, to have extended them to all the grounds of just complaint which now remain unadjusted with the United States. It was particularly anticipated that, as a further evidence of just dispositions towards them, restoration would have been immediately made of the property of our citizens, seized under a misapplication of the principle of reprisals, combined with a misconstruction of the law of the United States. This expectation has not been fulfilled.

DECEMBER, 1810.

President's Annual Message.

SENATE.

ousy and prejudice would be diminished, the features of national character would be multiplied, and greater extent given to social harmony. But, above all, a well constituted seminary, in the centre of the nation, is recommended by the consideration that the additional instruction emanating from it would contribute not

copy is laid before you, was confided to the Governor of that Territory, to be carried into effect. The legality and necessity of the course pursued, assure me of the favorable light in which it will present itself to the Legislature, and of the promptitude with which they will supply whatever provisions may be due to the essential rights and equitable interests of the peo-less to strengthen the foundations than to adorn the ple thus brought into the bosom of the American family.

Our amity with the Powers of Barbary, with the exception of a recent occurrence at Tunis, of which an explanation is just received, appears to have been uninterrupted, and to have become more firmly established.

With the Indian tribes, also, the peace and friendship of the United States are found to be so eligible that the general disposition to preserve both continues to gain strength.

I feel particular satisfaction in remarking that an interior view of our country presents us with grateful proofs of its substantial and increasing prosperity. To a thriving agriculture, and the improvements related to it, is added a highly interesting extension of useful manufactures, the combined product of professional occupations and of household industry. Such, indeed, is the experience of economy, as well as of policy, in these substitutes for supplies, heretofore obtained by foreign commerce, that, in a national view, the change is justly regarded as, of itself, more than a recompense for those privations and losses, resulting from foreign injustice, which furnished the general impulse required for its accomplishment. How far it may be expedient to guard the infancy of this improvement in the distribution of labor by regulations of the commercial tariff, is a subject which cannot fail to suggest itself to your patriotic reflections.

It will rest with the consideration of Congress, also, whether a provident, as well as fair encouragement, would not be given to our navigation by such regulations as would place it on a level of competition with foreign vessels, particularly in transporting the important and bulky productions of our own soil. The failure of equality and reciprocity in the existing regulations on this subject operates, in our ports, as a premium to foreign competitors; and the inconvenience must increase as these may be multiplied, under more favorable circumstances, by the more than countervailing encouragements now given them by the laws of their respective countries.

structure of our free and happy system of Government. Among the commercial abuses still committed under the American flag, and leaving in force my former reference to that subject, it appears that American citizens are instrumental in carrying on a traffic in enslaved Africans, equally in violation of the laws of humanity, and in defiance of those of their own country. The same just and benevolent motives which produced the interdiction in force against this criminal conduct, will doubtless be felt by Congress in devising further means of suppressing the evil.

In the midst of uncertainties necessarily connected with the great interests of the United States, prudence requires a continuance of our defensive and precautionary arrangement. The Secretary of War and Secretary of the Navy will submit the statements and estimates which may aid Congress in their ensuing provisions for the land and naval forces. The statements of the latter will include a view of the transfers of appropriations in the naval expenditures, and the grounds on which they were made.

The fortifications for the defence of our maritime frontier have been prosecuted according to the plan laid down in 1808. The works, with some exceptions, are completed, and furnished with ordnance. Those for the security of the city of New York, though far advanced towards completion, will require a further time and appropriation. This is the case with a few others, either not completed, or in need of repairs.

The improvements, in quality and quantity, made in the manufacture of cannon and of small arms, both at the public armories and private factories, warrant additional confidence in the competency of these resources for supplying the public exigencies.

These preparations for arming the militia having thus far provided for one of the objects contemplated by the power vested in Congress with respect to that great bulwark of the public safety, it is for their consideration whether further provisions are not requisite for the other contemplated objects of organization and discipline. To give to this great mass of physical and moral force the efficiency which it merits and is capaWhilst it is universally admitted that a well in-ble of receiving, it is indispensable that they should structed people alone can be permanently a free peo-be instructed and practised in the rules by which they ple, and while it is evident that the means of diffusing and improving useful knowledge form so small a proportion of the expenditures for national purposes, I cannot presume it to be unseasonable to invite your attention to the advantages of superadding to the means of education, provided by the several States, a seminary of learning, instituted by the National Legislature, within the limits of their exclusive jurisdiction, the expense of which might be defrayed or reimbursed out of the vacant grounds which have accrued to the nation within those limits.

are to be governed. Towards an accomplishment of this important work, I recommend for the consideration of Congress the expediency of instituting a system which shall, in the first instance, call into the field, at the public expense, and for a given time, certain portions of the commissioned and non-commissioned officers. The instruction and discipline thus acquired would gradually diffuse through the entire body of the militia that practical knowledge and promptitude for active service which are the great ends to be pursued. Experience has left no doubt, either of the necessity or of the efficacy of competent military skill in those portions of an army, in fitting it for the final duties which it may have to perform.

Such an institution, though local in its legal character, would be universal in its beneficial effects. By enlightening the opinions, by expanding the patriotism, and by assimilating the principles, the senti- The corps of engineers, with the Military Academy, ments, and the manners, of those who might resort to are entitled to the early attention of Congress. The this temple of science, to be redistributed, in due time, I buildings at the seat fixed by law for the present through every part of the community, sources of jeal-academy are so far in decay as not to afford the neces

President's Annual Message.