SPECIAL MESSAGES.
DECEMBER 11, 1801.
Gentlemen of the Senate:
Early in the last month I received the ratification by the First Consul of France of the convention between the United States and that nation. His ratification not being pure and simple in the ordinary form, I have thought it my duty, in order to avoid all misconception, to ask a second advice and consent of the Senate before I give it the last sanction by proclaiming it to be a law of the land.
TH. JEFFERSON.
DECEMBER 22, 1801.
Gentlemen of the Senate:
The States of Georgia and Tennessee being peculiarly interested in our carrying into execution the two acts passed by Congress on the 19th of February, 1799 (chapter 115), and 13th May, 1800 (chapter 62), commissioners were appointed early in summer and other measures taken for the purpose. The objects of these laws requiring meetings with the Cherokees, Chickasaws, Choctaws, and Creeks, the inclosed instructions were prepared for the proceedings with the three first nations. Our applications to the Cherokees failed altogether. Those to the Chickasaws produced the treaty now laid before you for your advice and consent, whereby we obtained permission to open a road of communication with the Mississippi Territory. The commissioners are probably at this time in conference with the Choctaws. Further information having been wanting when these instructions were, formed to enable us to prepare those respecting the Creeks, the commissioners were directed to proceed with the others. We have now reason to believe the conferences with the Creeks can not take place till the spring.
The journals and letters of the commissioners relating to the subject of the treaty now inclosed accompany it.
TH. JEFFERSON.
DECEMBER 22, 1801.
Gentlemen of the Senate and of the House of Representatives:
I now inclose sundry documents supplementary to those communicated to you with my message at the commencement of the session. Two others of considerable importance—the one relating to our transactions with the Barbary Powers, the other presenting a view of the offices of the Government—shall be communicated as soon as they can be completed.
TH. JEFFERSON.
DECEMBER 23, 1801.
Gentlemen of the Senate and of the House of Representatives:
Another return of the census of the State of Maryland is just received from the marshal of that State, which he desires may be substituted as more correct than the one first returned by him and communicated by me to Congress. This new return, with his letter, is now laid before you.
TH. JEFFERSON.
JANUARY 11, 1802.
Gentlemen of the Senate and of the House of Representatives.
I now communicate to you a memorial of the commissioners of the city of Washington, together with a letter of later date, which, with their memorial of January 28, 1801, will possess the Legislature fully of the state of the public interests and of those of the city of Washington confided to them. The moneys now due, and soon to become due, to the State of Maryland on the loan guaranteed by the United States call for an early attention. The lots in the city which are chargeable with the payment of these moneys are deemed not only equal to the indemnification of the public, but to insure a considerable surplus to the city to be employed for its improvement, provided they are offered for sale only in sufficient numbers to meet the existing demand. But the act of 1796 requires that they shall be positively sold in such numbers as shall be necessary for the punctual payment of the loans. Nine thousand dollars of interest are lately become due, $3,000 quarter yearly will continue to become due, and $50,000, an additional loan, are reimbursable on the 1st day of November next. These sums would require sales so far beyond the actual demand of the market that it is apprehended that the whole property may be thereby sacrificed, the public security destroyed, and the residuary interest of the city entirely lost. Under these circumstances I have thought it my duty before I proceed to direct a rigorous execution of the law to submit the subject to the consideration of the Legislature. Whether the public interest will be better secured in the end and that of the city saved by offering sales commensurate only to the demand at market, and advancing from the Treasury in the first instance what these may prove deficient, to be replaced by subsequent sales, rests for the determination of the Legislature. If indulgence for the funds can be admitted, they will probably form a resource of great and permanent value; and their embarrassments have been produced only by overstrained exertions to provide accommodations for the Government of the Union
TH. JEFFERSON.
JANUARY 12, 1802.
Gentlemen of the Senate:
I now communicate to you a letter from the Secretary of State inclosing an estimate of the expenses which appear at present necessary for carrying into effect the convention between the United States of America and the French Republic, which has been prepared at the request of the House of Representatives.
TH. JEFFERSON.
JANUARY 27, 1802.
Gentlemen of the Senate and of the House of Representatives:
I lay before you the accounts of our Indian trading houses, as rendered up to the 1st day of January, 1801, with a report of the Secretary of War thereon, explaining the effects and the situation of that commerce and the reasons in favor of its further extension. But it is believed that the act authorizing this trade expired so long ago as the 3d of March, 1799. Its revival, therefore, as well as its extension, is submitted to the consideration of the Legislature.
The act regulating trade and intercourse with the Indian tribes will also expire on the 3d day of March next. While on the subject of its continuance it will be worthy the consideration of the Legislature whether the provisions of the law inflicting on Indians, in certain cases, the punishment of death by hanging might not permit its commutation into death by military execution, the form of the punishment in the former way being peculiarly repugnant to their ideas and increasing the obstacles to the surrender of the criminal.
These people are becoming very sensible of the baneful effects produced on their morals, their health, and existence by the abuse of ardent spirits, and some of them earnestly desire a prohibition of that article from being carried among them. The Legislature will consider whether the effectuating that desire would not be in the spirit of benevolence and liberality which they have hitherto practiced toward these our neighbors, and which has had so happy an effect toward conciliating their friendship. It has been found, too, in experience that the same abuse gives frequent rise to incidents tending much to commit our peace with the Indians.
It is now become necessary to run and mark the boundaries between them and us in various parts. The law last mentioned has authorized this to be done, but no existing appropriation meets the expense.
Certain papers explanatory of the grounds of this communication are herewith inclosed.
TH. JEFFERSON.
FEBRUARY 2, 1802.
Gentlemen of the Senate and of the House of Representatives:
I now lay before you—
1. A return of ordnance, arms, and military stores the property of the United States.
2. Returns of muskets and bayonets fabricated at the armories of the United States at Springfield and Harpers Ferry, and of the expenditures at those places; and
3. An estimate of expenditures which may be necessary for fortifications and barracks for the present year.
Besides the permanent magazines established at Springfield, West Point, and Harpers Ferry, it is thought one should be established in some point convenient for the States of North Carolina, South Carolina, and Georgia. Such a point will probably be found near the border of the Carolinas, and some small provision by the Legislature preparatory to the establishment will be necessary for the present year.
We find the United States in possession of certain iron mines and works in the county of Berkeley and State of Virginia, purchased, as is presumable, on the idea of establishing works for the fabrication of cannon and other military articles by the public. Whether this method of supplying what may be wanted will be most advisable or that of purchasing at market where competition brings everything to its proper level of price and quality is for the Legislature to decide, and if the latter alternative be preferred, it will rest for their further consideration in what way the subjects of this purchase may be best employed or disposed of. The Attorney-General's opinion on the subject of the title accompanies this.
There are in various parts of the United States small parcels of land which have been purchased at different times for cantonments and other military purposes. Several of them are in situations not likely to be accommodated to future purposes. The loss of the records prevents a detailed statement of these until they can be supplied by inquiry. In the meantime, one of them, containing 88 acres, in the county of Essex, in New Jersey, purchased in 1799 and sold the following year to Cornelius Vermule and Andrew Codmas, though its price has been received, can not be conveyed without authority from the Legislature.
I inclose herewith a letter from the Secretary of War on the subject of the islands in the lakes and rivers of our northern boundary, and of certain lands in the neighborhood of some of our military posts, on which it may be expedient for the Legislature to make some provisions.
TH. JEFFERSON.
FEBRUARY 16, 1802.
Gentlemen of the Senate and of the House of Representatives:
I now transmit a statement of the expenses incurred by the United States in their transactions with the Barbary Powers, and a roll of the persons having office or employment under the United States, as was proposed in my messages of December 7 and 22. Neither is as perfect as could have been wished, and the latter not so much so as further time and inquiry may enable us to make it.
The great volume of these communications and the delay it would produce to make out a second copy will, I trust, be deemed a sufficient reason for sending one of them to the one House, and the other to the other, with a request that they may be interchanged for mutual information rather than to subject both to further delay.
TH. JEFFERSON.
FEBRUARY 18, 1802.
Gentlemen of the Senate and of the House of Representatives:
In a message of the 2d instant I inclosed a letter from the Secretary of War on the subject of certain lands in the neighborhood of our military posts on which it might be expedient for the Legislature to make some provisions. A letter recently received from the governor of Indiana presents some further views of the extent to which such provision may be needed, I therefore now transmit it for the information of Congress.
TH. JEFFERSON.
FEBRUARY 24, 1802.
Gentlemen of the Senate and of the House of Representatives:
I communicate to both Houses of Congress a report of the Secretary of the Treasury on the subject of our marine hospitals, which appear to require legislative attention.
As connected with the same subject, I also inclose information respecting the situation of our seamen and boatmen frequenting the port of New Orleans and suffering there from sickness and the want of accommodation. There is good reason to believe their numbers greater than stated in these papers. When we consider how great a proportion of the territory of the United States must communicate with that port singly, and how rapidly that territory is increasing its population and productions, it may perhaps be thought reasonable to make hospital provisions there of a different order from those at foreign ports generally.
TH. JEFFERSON.
FEBRUARY 25, 1802.
Gentlemen of the Senate and of the House of Representatives:
No occasion having arisen since the last account rendered by my predecessor of making use of any part of the moneys heretofore granted to defray the contingent charges of the Government, I now transmit to Congress an official statement thereof to the 31st day of December last, when the whole unexpended balance, amounting to $20,911.80, was carried to the credit of the surplus fund, as provided for by law, and this account consequently becomes finally closed,
TH. JEFFERSON.
FEBRUARY 26, 1802.
Gentlemen of the Senate and of the House of Representatives:
Some statements have been lately received of the causes decided or depending in the courts of the Union in certain States, supplementary or corrective of those from which was formed the general statement accompanying my message at the opening of the session. I therefore communicate them to Congress, with a report of the Secretary of State noting their effect on the former statement and correcting certain errors in it which arose partly from inexactitude in some of the returns and partly in analyzing, adding, and transcribing them while hurried in preparing the other voluminous papers accompanying that message.
TH. JEFFERSON.
MARCH 1, 1802.
Gentlemen of the Senate and of the House of Representatives:
I transmit for the information of Congress letters recently received from our consuls at Gibraltar and Algiers, presenting the latest view of the state of our affairs with the Barbary Powers. The sums due to the Government of Algiers are now fully paid up, and of the gratuity which had been promised to that of Tunis, and was in a course of preparation, a small portion only remains still to be finished and delivered.
TH. JEFFERSON.
MARCH 9, 1802.
Gentlemen of the Senate:
The governor of New York has desired that, in addition to the negotiations with certain Indians already authorized under the superintendence of John Taylor, further negotiations should be held with the Oneidas and other members of the Confederacy of the Six Nations for the purchase of lands in and for the State of New York, which they are willing to sell, as explained in the letter from the Secretary of War herewith sent. I have therefore thought it better to name a commissioner to superintend the negotiations specified with the Six Nations generally, or with any of them.
I do accordingly nominate John Taylor, of New York, to be commissioner for the United States, to hold a convention or conventions between the State of New York and the Confederacy of the Six Nations of Indians, or any of the nations composing it.
This nomination, if advised and consented to by the Senate, will comprehend and supersede that of February 1 of the same John Taylor so far as it respected the Seneca Indians,
TH. JEFFERSON.
MARCH 10, 1802.
Gentlemen of the Senate:
I now submit for the ratification of the Senate a treaty entered into by the commissioners of the United States with the Choctaw Nation of Indians, and I transmit therewith so much of the instructions to the commissioners as related to the Choctaws, with the minutes of their proceedings and the letter accompanying them.
TH. JEFFERSON.
MARCH 29, 1802.
Gentlemen of the Senate and of the House of Representatives:
The Secretary of State, charged with the civil affairs of the several Territories of the United States, has received from the marshal of Columbia a statement of the condition, unavoidably distressing, of the persons committed to his custody on civil or criminal process and the urgency for some legislative provisions for their relief. There are other important cases wherein the laws of the adjoining States under which the Territory is placed, though adapted to the purposes of those States, are insufficient for those of the Territory from the dissimilar or defective organization of its authorities. The letter and statement of the marshal and the disquieting state of the Territory generally are now submitted to the wisdom and consideration of the Legislature.
TH. JEFFERSON.
MARCH 29, 1802.
Gentlemen of the Senate:
The commissioners who were appointed to carry into execution the sixth article of the treaty of amity, commerce, and navigation between the United States and His Britannic Majesty having differed in opinion as to the objects of that article and discontinued their proceedings, the Executive of the United States took early measures, by instructions to our minister at the British Court, to negotiate explanations of that article. This mode of resolving the difficulty, however, proved unacceptable to the British Government, which chose rather to avoid all further discussion and expense under that article by fixing at a given sum the amount for which the United States should be held responsible under it. Mr. King was consequently authorized to meet this proposition, and a settlement in this way has been effected by a convention entered into with the British Government, and now communicated for your advice and consent, together with the instructions and correspondence relating to it. The greater part of these papers being originals, the return of them is requested at the convenience of the Senate.
TH. JEFFERSON.
MARCH 30, 1802.
Gentlemen of the Senate and of the House of Representatives:
The Secretary of War has prepared an estimate of expenditures for the Army of the United States during the year 1802, conformably to the act fixing the military peace establishment, which estimate, with his letter accompanying and explaining it, I now transmit to both Houses of Congress.
TH. JEFFERSON.
MARCH 31, 1802.
Gentlemen of the House of Representatives:
According to the desire expressed in your resolution of the 23d instant, I now transmit a report of the Secretary of State, with the letters it refers to, shewing the proceedings which have taken place under the resolution of Congress of the 16th of April, 1800. The term prescribed for the execution of the resolution having elapsed before the person appointed had sat out on the service, I did not deem it justifiable to commence a course of expenditure after the expiration of the resolution authorizing it. The correspondence which has taken place, having regard to dates, will place this subject properly under the view of the House of Representatives.
TH. JEFFERSON.
APRIL, 8, 1802.
Gentlemen of the Senate:
In order to satisfy as far as it is in my power the desire expressed in your resolution of the 6th instant, I now transmit you a letter from John Read, agent for the United States before the board of commissioners under the sixth article of the treaty with Great Britain, to the Attorney-General, bearing date the 25th of April, 1801, in which he gives a summary view of the proceedings of those commissioners and of the principles established or insisted on by a majority of them.
Supposing it might be practicable for us to settle by negotiation with Great Britain the principles which ought to govern the decisions under the treaty, I caused instructions to be given to Mr. Read to analyze the claims before the board of commissioners, to class them under the principles on which they respectively depended, and to state the sum depending on each principle or the amount of each description of debt. The object of this was that we might know what principles were most important for us to contend for and what others might be conceded without much injury. He performed this duty, and gave in such a statement during the last summer, but the chief clerk of the Secretary of State's office being absent on account of sickness, and the only person acquainted with the arrangement of the papers of the office, this particular document can not at this time be found. Having, however, been myself in possession of it a few days after its receipt, I then transcribed from it for my own use the recapitulation of the amount of each description of debt. A copy of this transcript I shall subjoin hereto, with assurances that it is substantially correct, and with the hope that it will give a view of the subject sufficiently precise to fulfill the wishes of the Senate. To save them the delay of waiting till a copy of the agent's letter could be made, I send the original, with the request that it may be returned at the convenience of the Senate.
TH. JEFFERSON.
APRIL 15, 1802.
Gentlemen of the House of Representatives:
I now transmit the papers desired in your resolution of the 6th instant. Those respecting the Berceau will sufficiently explain themselves. The officer charged with her repairs states in his letter, received August 27, 1801, that he had been led by circumstances, which he explains, to go considerably beyond his orders. In questions between nations, who have no common umpire but reason, something must often be yielded of mutual opinion to enable them to meet in a common point.
The allowance which had been proposed to the officers of that vessel being represented as too small for their daily necessities, and still more so as the means of paying before their departure debts contracted with our citizens for subsistence, it was requested on their behalf that the daily pay of each might be the measure of their allowance.
This being solicited and reimbursement assumed by the agent of their nation, I deemed that the indulgence would have a propitious effect in the moment of returning friendship. The sum of $870.83 was accordingly furnished them for the five months of past captivity and a proportional allowance authorized until their embarkation.
TH. JEFFERSON.
APRIL 20, 1802.
Gentlemen of the House of Representatives:
I transmit you a report from the Secretary of State, with the information desired by the House of Representatives, of the 8th of January, relative to certain spoliations and other proceedings therein referred to.
TH. JEFFERSON.
APRIL 26, 1802.
Gentlemen of the Senate and of the House of Representatives:
In pursuance of the act entitled "An act supplemental to the act entitled 'An act for an amicable settlement of limits with the State of Georgia, and authorizing the establishment of a government in the Mississippi Territory,'" James Madison, Secretary of State, Albert Gallatin, Secretary of the Treasury, and Levi Lincoln, Attorney-General of the United States, were appointed commissioners to settle by compromise with the commissioners appointed by the State of Georgia the claims and cession to which the said act has relation.
Articles of agreement and cession have accordingly been entered into and signed by the said commissioners of the United States and of Georgia, which, as they leave a right to Congress to act upon them legislatively at any time within six months after their date, I have thought it my duty immediately to communicate to the Legislature.
TH. JEFFERSON.
APRIL 27, 1802.
Gentlemen of the Senate and of the House of Representatives:
The commissioners who were appointed to carry into execution the sixth article of the treaty of amity, commerce, and navigation between the United States and Great Britain having differed in their construction of that article, and separated in consequence of that difference, the President of the United States took immediate measures for obtaining conventional explanations of that article for the government of the commissioners. Finding, however, great difficulties opposed to a settlement in that way, he authorized our minister at the Court of London to meet a proposition that the United States by the payment of a fixed sum should discharge themselves from their responsibility for such debts as can not be recovered from the individual debtors. A convention has accordingly been signed, fixing the sum to be paid at £600,000 in three equal and annual installments, which has been ratified by me with the advice and consent of the Senate.
I now transmit copies thereof to both Houses of Congress, trusting that in the free exercise of the authority which the Constitution has given them on the subject of public expenditures they will deem it for the public interest to appropriate the sums necessary for carrying this convention into execution.
TH. JEFFERSON.