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MAY, 1802.]

Disbursement of Public Moneys.

the commerce and resources of the country. It was far from our expectation that the Navy of the United States was to be limited to six ships of the line, or to any number within the convenient means of the country, short of a force adequate to render our flag respectable and our navigation secure. It was not supposed that the seventy-fours would be launched for several years, but we had hopes when they left the stocks, a flourishing commerce would enable us to lay the keels of new ships in their places. Under this view were the two hundred thousand dollars appropriated, to the purchase of land producing timber fit for a navy. With this knowledge, so plainly derivable from the policy pursued by the Legislature, what was the Secretary of the Navy to do? It was made his duty to build six seventy-fours and six sloopsof-war. It is surely not expected that they were to be built on the water or in the air, and of consequence it will be allowed that he had authority to provide yards, for the purpose of constructing them. The public had no yards, and it was therefore necessary to obtain ground from individuals. As there were no persons disposed to make charitable grants, it remained only for the United States to purchase ground in fee simple, or for a term of years, paying a gross sum or an annual rent: The act of Congress, directing the ships to be built, appropriated not a dollar either for the renting or for the purchase of land. But a million of dollars were appropriated to the building of the ships, which was directed to be done, but which could not be done without an expenditure for land. Can there be a plainer proposition, than that an appropriation for a certain service, embraces every article without which the service cannot be performed? In the present instance, the service imposed upon the Secretary, could not be performed without obtaining navy yards at the public expense. It therefore rested in his discretion, for the faithful exercise of which he was accountable to the Government, either to purchase or rent the ground, necessary for the yards. It was his duty to conform to the views of the Legislature, and to make such an arrangement as would be most advantageous to the public. If it answered the object, and was most for the interest of the Government to rent, then surely he ought to have rented it; but if it comported more with their views, or was more to their benefit to purchase, it was then his duty to purchase.

This inquiry, however, was never made by the committee. They never asked the question whether it was cheaper to buy or to rent, and they have condemned the Secretary for buying and not renting, when he had no more authority to rent than to buy, and when by buying he has probably saved to the United States several hundred thousand dollars. The situation of this officer is peculiarly hard. Having been directed to build a number of ships for the public service, he has purchased navy yards for the purpose, and in consequence has subjected himself

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to the accusation of expending public money without authority. If he had rented land for the purpose, he would have been equally liable to the same reproach; and if he had neglected to do either, he would have been exposed to an impeachment. The Secretary has it fully in his power to show, that his purchases will save a large sum of money to the United States. A navy yard, for a seventy-four, cannot be prepared without great expense. Under this head, I am informed by the Secretary, that one hundred thousand dollars were expended on one frigate, the Constellation. This was occasioned in a great degree by leasing the yard. At the expiration of the lease, the public lose the benefit of all their expense in preparing and improving the ground.

In addition to the inference which the Secretary might fairly make, of an authority to pur chase ground for the navy yards, if a purchase could be made on cheaper terms than a contract of lease, he had further to consider the intention, plainly manifested by the Legislature, of establishing a system which would require the use of these navy yards at a future time, beyond the duration of any common lease. Nay, he knew not what time was to be consumed in building the ships directed, and of course could not know for what term a contract could be made. At present, if the Government should be disposed to sell the ships on the stocks, they have the power to sell the navy yards, and they will have the same power when the ships are launched; and they may thus convert in effect the permanent purchase into a term for years, and restore to the Treasury the money which has been expended. But, sir, what I consider as the hardest act on the part of the majority of the committee, was their refusal to suffer the answer of the Secretary to the letter we addressed to him, explaining the grounds of his conduct, to accompany the documents annexed to the report. We have been told by the gentleman from Maryland (Mr. NICHOLSON) that it was not the business of the committee to report the opinions of the Secretary, or of any other individual. If this be correct, I believe it was as little the business of the committee to report their own opinions. They should have confined themselves to the statement of facts, and upon those facts have left the House and the nation at large to form their own opinions.

If this course had been pursued, there would have been little occasion to publish the reasoning of Mr. Stoddert; but, as the opinion of the committee is merely their inference from certain premises, it was due to the public, as well as to the Secretary, that the grounds should be explained which had led him to a different conclusion from that adopted by the committee. This report seems, at present, intended only for public information; certainly I must believe to give correct information. The letter of Mr. Stoddert throws great light upon a part of it,. and when our object is only to inform the people on a subject, why should we refuse any light

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Adjournment.

[May, 1802

which places it more clearly before their | on the part of this House, jointly, with the coneyes?

MONDAY, 5 o'clock P. M., May 3.

Adjournment.

On motion, Ordered, That Mr. GRISWOLD and Mr. SAMUEL SMITH be appointed a committee, on the part of this House, jointly, with such committee as may be appointed on the part of the Senate, to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed recess of Congress.

A message from the Senate informed the House that the Senate have appointed a committee on their part, jointly, with the committee appointed on the part of this House, to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed recess of Congress. Mr. GRISWOLD, from the committee appointed

mittee appointed on the part of the Senate, to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed recess of Congress, reported that the committee had performed that service; and that the PRESIDENT siguified to them he had no farther communication to make during the present Session.

Ordered, That a message be sent to the Senate, to inform them that this House, having completed the business before them, are now about to adjourn until the first Monday in De cember next; and that the Clerk of this House do go with the said message.

A message from the Senate informed the House that the Senate, having completed the Legislative business before them, are now ready to adjourn. Whereupon,

The SPEAKER adjourned the House until the first Monday in December next.

DECEMBER, 1802.]

Proceedings.

SEVENTH CONGRESS.-SECOND SESSION.

[SENATE.

BEGUN AT THE CITY OF WASHINGTON, DECEMBER 6, 1802.

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SIMEON OLCOTT, from New Hampshire. URIAH TRACY, from Connecticut. CHRISTOPHER ELLERY, from Rhode Island. STEPHEN R. BRADLEY, from Vermont. SAMUEL WHITE, from Delaware. ROBERT WRIGHT, from Maryland. ABRAHAM BALDWIN, from Georgia. WILLIAM PLUMER, appointed a Senator by the State of New Hampshire, to supply the vacancy occasioned by the resignation of JAMES SHEAFE, produced his credentials, and took his seat in the Senate.

The number of members assembled not being sufficient to form a quorum, the Senate adjourned.

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SATURDAY, December 11.

Mr. FRANKLIN, from North Carolina, attended. The number of members assembled not being sufficient to constitute a quorum, the Senate adjourned.

MONDAY, December 13.

Mr. J. MASON, from Massachusetts; Mr. DAYTON, and Mr. OGDEN, from New Jersey; and Mr. SUMTER, from South Carolina, severally attended.

The VICE PRESIDENT being absent, the Senate proceeded to the choice of a President, pro tempore, as the constitution provides, and the ballots being collected and counted, the whole number was found to be 17, of which 9 make a majority.

Mr. Bradley had 7, Mr. Tracy had 7, Mr. Baldwin 1, Mr. Dayton 1, Mr. Logan 1.

There was consequently no choice. Whereupon, the Senate proceeded to the election of a President, pro tempore, as the constitution provides, and the ballots being collected and counted, the whole number was found to be 17, of which 9 make a majority.

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Mr. Bradley had 8, Mr. Tracy 7, Mr. Dayton Mr. Logan 1.

There was consequently no choice. Whereupon the Senate proceded to the election of a President pro tempore, as the Constitution provides, and the ballots being counted, the whole number was found to be 17, of which 9 make a majority.

Mr. Bradley had 8, Mr. Tracy 7, Mr. Dayton 1, Mr. Logan 1.

There was consequently no choice. Whereupon, the Senate proceeded to the election of a President, pro tempore, as the constitution provides, and the ballots being counted, the whole number of votes was 14, of which 8 make a majority.

Mr. Tracy had 7, Mr. Bradley 5, Mr. Dayton 1, Mr. Logan 1.

There was consequently no choice; and the Senate adjourned.

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TUESDAY, December 14.

The VICE PRESIDENT being absent, the Senate proceeded to the choice of a President, pro tempore, as the constitution provides, and the ballots being collected and counted, the whole number was found to be 17, of which 9 make a majority.

Mr. Bradley had 9, Mr. Tracy 7, Mr. Dayton 1. Consequently, STEPHEN R. BRADLEY Was elected President of the Senate, pro tempore. The credentials of Mr. PLUMER, appointed a Senator by the State of New Hampshire, to supply a vacancy occasioned by the resignation of JAMES SHEAFE, Esq., were read; and the oath prescribed by law was administered to him by the President.

Ordered, That the Secretary wait on the President of the United States, and acquaint him that a quorum of the Senate is assembled, and that, in the absence of the VICE PRESIDENT, they have elected STEPHEN R. BRADLEY, President of the Senate, pro tempore.

A similar notice was directed to be given to the House of Representatives, and also that the Senate are ready to proceed to business.

On motion, it was agreed to proceed to the choice of a Chaplain on the part of the Senate, and the ballots having been collected and counted, the whole number was 17, of which 9 is the majority.

Doctor Gantt had 10, Mr. M'Cormick 4, Mr. Priestley 2, Mr. Balch 1.

So it was Resolved, That the Rev. Dr. GANTT be the Chaplain to Congress, on the part of the Senate, during the present session.

WEDNESDAY, December 15.

[DECEMBER, 180

which, in the form of duties, tend effectually to prehibit the carrying thither our own produce in arr own vessels. From existing amities, and a spirit d justice, it is hoped that friendly discussion will pr duce a fair and adequate reciprocity. But sh false calculations of interest defeat our hope, it res with the Legislature to decide whether they will mes inequalities abroad with countervailing inequalities at home, or provide for the evil in any other way. British Parliament anticipating this subject so far as

It is with satisfaction I lay before you an act of e

to authorize a mutual abolition of the duties a

countervailing duties, permitted under the treaty = 1794. It shows, on their part, a spirit of justice and friendly accommodation, which it is our duty and ver interest to cultivate with all nations. Whether this would produce a due equality in the navigation be tween the two countries is a subject for your consid eration.

Another circumstance which claims attention, s directly affecting the very source of our navigation is the defect or the evasion of the law providing for the return of seamen, and particularly of those be longing to vessels sold abroad. Numbers of then. discharged in foreign ports, have been thrown on the hands of our Consuls, who, to rescue them from the dangers into which their distresses might plunge them, and save them to their country, have found it necessary, in some cases, to return them at the public charge.

The cession of the Spanish province of Louisiana France, which took place in the course of the late way, will, if carried into effect, make a change in the aspect of our foreign relations, which will doubtless have just weight in any deliberations of the Legisksture connected with that subject.

There was reason, not long since, to apprehend that the warfare in which we were engaged with Tripo might be taken up by some other of the Barbary Pow ers. A reinforcement, therefore, was immediately erdered to the vessels already there. Subsequent infor

The following Message was received from the mation, however, has removed these apprehensions for PRESIDENT OF THE UNITED STATES:

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

the present. To secure our commerce in that sea with the smallest force competent, we have supposed it best to watch strictly the harbor of Tripoli. Still, however, the shallowness of their coast, and the want of smaller vessels on our part, has permitted some cruisers to escape unobserved; and to one of these an American unfortunately fell a prey. The captain, one American seaman, and two others of color, remain prisoners with them; unless exchanged under an agree ment formerly made with the Bashaw, to whom, on the faith of that, some of his captive subjects had been restored.

When we assemble together, fellow-citizens, to consider the state of our beloved country, our just attentions are first drawn to those pleasing circum-vessel stances which mark the goodness of that Being from whose favor they flow, and the large measure of thankfulness we owe for his bounty. Another year has come around, and finds us still blessed with peace and friendship abroad; law, order, and religion, at home; good affection and harmony with our Indian neighbors; our burdens lightened, yet our income sufficient for the public wants, and the produce of the year great beyond example. These, fellow-citizens, are the circumstances under which we meet and we remark, with special satisfaction, those which, under the smiles of Providence, result from the skill, industry, and order of our citizens, managing their own affairs in their own way, and for their own use, unembarrassed by too much regulation, unoppressed by fiscal exactions.

On the restoration of peace in Europe, that portion of the general carrying trade which had fallen to our share during the war, was abridged by the returning competition of the belligerent powers. This was to be expected, and was just. But, in addition, we find in some parts of Europe monopolizing discriminations,

The convention with the State of Georgia has been ratified by their Legislature, and a repurchase from the Creeks has been consequently made of a part of the Tallassee country. In this purchase has been also comprehended a part of the lands within the fork of Oconee and Ocmulgee Rivers The particulars of the contract will be laid before Congress so soon as they shall be in a state for communication.

In order to remove every ground of difference possible with our Indian neighbors, I have proceeded in the work of settling with them and marking the boundaries between us. That with the Choctaw nation is fixed in one part, and will be through the whole within a short time. The country to which their title had been extinguished before the Revolu tion is sufficient to receive a very respectable popula

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tion, which Congress will probably see the expediency of encouraging so soon as the limits shall be declared. We are to view this position as an outpost of the United States, surrounded by strong neighbors, and distant from its support. And how far that monopoly which prevents population should here be guarded against, and actual habitation made a condition of the continuance of title, will be for your consideration. A prompt settlement, too, of all existing rights and claims within this Territory presents itself as a preliminary operation.

In that part of the Indiana Territory which includes Vincennes, the lines settled with the neighboring tribes fix the extinction of their title at a breadth of twenty-four leagues from east to west, and about the same length, parallel with and including the Wabash. They have also ceded a tract of four miles square, including the salt springs, near the mouth of that river.

In the department of finance it is with pleasure I inform you that the receipts of external duties for the last twelve months have exceeded those of any former year, and that the ratio of increase has been also greater than usual. This has enabled us to answer all the regular exigencies of Government, to pay from the Treasury within one year upwards of eight millions of dollars, principal and interest, of the public debt, exclusive of upwards of one million paid by the sale of bank stock, and making in the whole a reduction of nearly five millions and a half of principal, and to have now in the Treasury four millions and a half of dollars, which are in a course of application to the further discharge of debt and current demands. Experience, too, so far, authorizes us to believe, if no extraordinary event supervenes, and the expenses which will be actually incurred shall not be greater than were contemplated by Congress at their last session, that we shall not be disappointed in the expectations then formed. But, nevertheless, as the effect of peace on the amount of duties is not yet fully ascertained, it is the more necessary to practise every useful economy, and to incur no expense which may be avoided without prejudice.

No change being deemed necessary in our Military Establishment, an estimate of its expenses for the ensuing year, on its present footing, as also of the sums to be employed in fortifications, and other objects within that department, has been prepared by the Secretary of War, and will make a part of the general estimates which will be presented to you.

Considering that our regular troops are employed for local purposes, and that the militia is our general reliance for great and sudden emergencies, you will doubtless think this institution worthy of a review, and give it those improvements of which you find it susceptible.

Estimates for the Naval Department, prepared by the Secretary of the Navy, for another year, will, in like manner, be communicated with the general estimates. A small force in the Mediterranean will still be necessary to restrain the Tripoline cruisers; and the uncertain tenure of peace with some other of the Barbary Powers may eventually require that force to be augmented. The necessity of procuring some smaller vessels for that service will raise the estimate; but the difference in their maintenance will soon make it a measure of economy.

[SENATE.

for that purpose may go to the saving what we al ready possess. No cares, no attentions, can preserve vessels from rapid decay, which lie in water and exposed to the sun. These decays require great and constant repairs, and will consume, if continued, a great portion of the moneys destined to Naval purposes. To avoid this waste of our resources, it is proposed to add to our navy yard here a dock, within which our present vessels may be laid up dry, and under cover from the sun. Under these circumstances, experience proves that works of wood will remain scarcely at all affected by time. The great abundance of running water which this situation possesses, at heights far above the level of the tide, if employed as is practised for lock navigation, furnishes the means for raising and laying up our vessels on a dry and sheltered bed. And should the measure be found useful here, similar depositories for laying up, as well as for building and repairing vessels, may hereafter be undertaken at other navy yards offering the same means. The plans and estimates of the work, prepared by a person of skill and experience, will be presented to you without delay; and from this it will be seen that scarcely more than has been the cost of one vessel is necessary to save the whole, and that the annual sum to be employed towards its completion may be adapted to the views of the Legislature as to Naval expenditure.

To cultivate peace, and maintain commerce and navigation in all their lawful enterprises; to foster our fisheries as nurseries of navigation and for the nurture of man, and protect the manufactures adapted to our circumstances; to preserve the faith of the nation by an exact discharge of its debts and contracts, expend the public money with the same care and economy we would practise with our own, and impose on our citizens no unnecessary burdens; to keep, in all things, within the pale of our constitutional powers, and cherish the Federal Union as the only rock of safety; these, fellow-citizens, are the landmarks by which we are to guide ourselves in all our proceedings. By continuing to make these the rule of our action, we shall endear to our countrymen the true principles of their constitution, and promote a union of sentiment and of action, equally auspicious to their happiness and safety. On my part you may count on a cordial concurrence in every measure for the public good; and on all the information I possess which may enable you to discharge to advantage the high functions with which you are invested by your country. TH. JEFFERSON.

DECEMBER 15, 1802.

The Message and papers therein referred to were read; and

Ordered, That five hundred copies of the Message of the PRESIDENT OF THE UNITED STATES, together with one hundred copies of each of the papers referred to in the Message, be printed for the use of the Senate.

informed the Senate that the House have elected A message from the House of Representatives the Reverend WILLIAM PARKINSON a Chaplain to Congress, on their part.

WEDNESDAY, December 22.

Presuming it will be deemed expedient to expend annually a convenient sum towards providing the Naval defence which our situation may require, I cannot but recommend that the first appropriations | setts, attended.

DWIGHT FOSTER, from the State of Massachu

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