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VfAY, 1802.]

he commerce and resources of the country. It ,vas far from our expectation that the Navy of he United States was to be limited to six ships >f the line, or to any nnmber within the convenient means of the country, short of a force idequate to render our flag respectable and our lavigation secure. It was not supposed that he seventy-fours would be launched for several rears, but we had hopes when they left the tocks, a flourishing commerce would enable us o lay the keels of new ships in their places. Jnder this view were the two hundred thousand lollars appropriated, to the purchase of land 'reducing timber fit for a navy. With this cnowledge, so plainly derivable from the policy >nrsned by the Legislature, what was the Secretary of the Navy to do? It was made his luty to build six seventy-fours and six sloops>f-war. It is surely not expected that they .vere to be built on the water or in the air, and )f consequence it will be allowed that he had tuthority to provide yards, for the purpose of sonstructing them. The public had no yards, ind it was therefore necessary to obtain ground rom individuals. As there were no persons Imposed to make charitable grants, it remained >nly for the United States to purchase ground n fee simple, or for a term of years, paying a n^oss sum or an annual rent.' The act of Contress, directing the ships to be built, approbated not a dollar either for the renting or 'or the purchase of land. But a million of dolars were appropriated to the building of the >hips, which was directed to be done, but which ;ould not be done without an expenditure for and. Can there be a plainer proposition, than hat an appropriation for a certain service, erajraces every article without which the service ;annot be performed? In the present instance, ;he service imposed upon the Secretary, could lot be performed without obtaining navy yards it the public expense. It thercforo rested in lis discretion, for the faithful exercise of which le was accountable to the Government, either :o purchase or rent the ground, necessary for he yards. It was his duty to conform to the riews of the Legislature, and to make such an trrangement as would be most advantageous to he public. If it answered the object, and was nost for the interest of the Government to rent, hen surely he ought to have rented it; but if t comported more with their views, or was nore to their benefit to purchase, it was then lis duty to purchase.

This inquiry, however, was never made by he committee. They never asked the question vhether it was cheaper to buy or to rent, and hey have condemned the Secretary for buying tnd not renting, when he had no more authority ;o rent than to bny, and when by buying he has irobably saved to the United States several inndred thousand dollars. The situation of this ifficer is peculiarly hard. Having been directed :o build a number of ships for the public serrice, lie 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 couid 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 tho letter we addressed to him, explaining the grounds of his oonduct, to accompany the documents annexed to the report. We have been told by the gentleman from Maryland (Mr. NicnoLBON) 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 tho House and the nation at farge 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 oommittee. This report seems, at present, intended only for publio 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 I on a subject, why should we refuse any light H. or E.]

Disbursement of Public Moneyi.

which places it more clearly before their eyes?

Monday, 5 o'clock P. M., May 8.

On motion, Ordered, That Mr. Gbibwold and Mr. Samuel Smith be appointed a committee, on the part of this House, jointly, with snch committee as may be appointed on the part of the Senate, to wait on the Pbebidknt Of The United States, and notify him of the proposed recess of Congress.

A message from the Senate informed the Ilouse 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

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on the part of this House, jointly, with the cecmittee appointed on the part of the Senate, tcwait 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 signified to them he had no farther communicant to make during the present Session.

Ordered, That a message be sent to the Senate, to inform them that this House, haviis completed the business before them, are no» about to adjourn until the first Monday in December next; and that the Clerk of this Hon* do go with the said message.

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

The Speaker adjourned the House until tic first Monday in December next.


Otcembkb, 1802.] Proceeding*. [skkate.




Monday, December 6, 1802. In pursuance of the law of last session, the second session of the seventh Congress commenced this day, at the city of Washington, and the Senate assembled, in their Chamber, at the Capitol.


Simeon Oloott, from New Hampshire.

Uriah Tkaot, 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 Plumbr, appointed a Senator by the State of New Hampshire, to supply the vacancy occasioned by the resignation of James Shkafe, 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.

Tuesday, December 7.

Mr. Breckenridgr, from Kentucky; Mr. Foster, from Rhode Island; Mr. Howard, from Maryland; and Mr. Logan, from Pennsylvania, severally attended.

There being no quorum, the Senate adjourned.

Wednesday, December 8. The number of members assembled not being sufficient to constitute a quorum, the Senate adjourned.

Thursday, December 9. The number of members assembled not being sufficient to constitute a quorum, the Senate adjourned.

Friday, December 10.

Mr. S. T. Mason, from Virginia, attended.

The number of members assembled not being rofficient to constitute a quorum, the Senate adjourned.

Saturday, December 11.

Mtj Franklin, from North Carolina, attended.

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

Monday, December 18. Mr. J. Mason, from Massachusetts; Mr. DayTon, and Mr. Ooden, from New Jersey; and Mr. Sumter, from South Carolina, severally attended.

The Viob 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, tho whole number was found to be 17, of which 9 make a majoritv.

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 nnmber 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 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 6, Mr. Dayton 1, Mr. Logan 1.

There was consequently no choice; and the Senate adjourned.

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Tuesday, December 14. The VroK 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 Siieafe. 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. Bbadlet, President of the Senate, pro tempore.

A similar notice was directed to be given to the House of Representatives, and also that th Senate are roady 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. Baleh 1.

So it was Retolred, That the Rev. Dr. Gantt be the Chaplain to Congress, on the part of the Seuate, during the present session.

"wednesday, December 15.

The following Message was received from the
President Of The United States:
To the Senate and House of Representatives of the
United States:

When we assemble together, fellow-citizens, to consider the state of our beloved country, our just attentions are first drawn to those pleasing circumstances which mark the goodness of that Being from whose favor they flow, and the large measure of thankfulness wc 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, mannging 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 onr 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,

which, in the form of duties, tend effectually to pshibit the carrying thither our own produce is. «r own vessels. From existing amities, and a spas >i justice, it is hoped that friendly discussion w3 jr> duce a fair and adequate reciprocity. But s&aci. false calculations of interest defeat onr hope, tt ne with the Legislature to decide whether they will aw equalities abroad with countervailing ineqnalhkii: home, or provide for the evil in any other way.

It is with satisfaction I lay before yoa an act of te British Parliament anticipating this subject so &i n to authorize a mutual abolition of the duties ««; countervailing duties, permitted under the treaty s 179+. It shows, on their part, a spirit of justice us friendly accommodation, which it in our duty and our interest to cultivate with all nations. "Whether tki would produce a due equality in the navigation between the two countries is a subject for your coosdc ration.

Another circumstance which claims attention,« directly affecting the very sonroe of our navig»6:-_ is the defect or the evasion of the law providics fir the return of seamen, and particularly of those bslonging to vessels sold abroad. Numbers of ties, discharged in foreign ports, have been thrown on ti» hands of our Consuls, who, to rescue them from it dangers into which their distresses might phine? them, and save them to their country, have found h 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 Sk, will, if carried into effect, make n change in the aspect of our foreign relations, which will doobrit* nave just weight in any deliberations of the Legjsbture connected with that subject.

There was reason, not long since, to apprehend rim the warfare in which we were engaged with Trfoj might be taken up by some other of the Barbary Powers. A reinforcement, therefore, was immediately ordered to the vessels already there. Subsequent infarmation, however, has removed these apprehensions fee the present. To secure our commerce in that sea wirit 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 vessel unfortunately fell a prey. The captain, one American seaman, and two others of color, remsis prisoners with them ; unless exchanged under an agreement formerly made with the Bashaw, to whom, on the faith of that, some of his captive subjects had beta restored.

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 ha;

been also comprehended a part of the lands within the fork of Oconee and Ocmulgee Rivers. Tie 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 ia the work of settling with them and marking &t 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 vhiek their title had boon extinguished before the Revolution is sufficient to receive a very respectable populs

)ecember, 1802.]

ion, which Congress will probably see the expediency f encouraging ao soon as the limits shall be declared. Ve are to view this position as an outpost of the Jnited States, surrounded by strong neighbors, and istant from its support. And how far that monopoly rhich prevents population should here be guarded gainst, and actual habitation made a condition of he continuance of title, will be for your consideraion. A prompt settlement, too, of all existing rights nd claims within this Territory presents itself as a ireliminary operation.

In that part of the Indiana Territory which inlndes Vincennes, the lines settled with the neighoring tribes fix the extinction of their title at a ireadth of twenty-four leagues from east to west, and bout the same length, parallel with and including tho Vabash. They have also ceded a tract of four miles quare, including the salt springs, near the mouth of hat river.

In the department of finance it is with pleasure I □form you that the receipts of external duties for the ast twelve months have exceeded those of any former 'ear, and that the ratio of increase has been also greater than usual. This has enabled us to answer all he regular exigencies of Government, to pay from the Treasury within one year upwards of eight millions of lollars, principal and interest, of the public debt, exlasive of upwards of one million paid by the sale of tank stock, and making in the whole a reduction of learly five millions and a half of principal, and to lave now in the Treasury four millions and a half of lollars, which are in a course of application to the urther discharge of debt and current demands. Ex>erience, too, so far, authorizes us to believe, if no extraordinary event supervenes, and tho expenses vhich will be actually incurred shall not be greater han were contemplated by Congress at their last *.-ssion, that we shall not be disappointed in the exx?ctations then formed. But, nevertheless, as the sfl'ect of peace on the amount of duties is not yet fully Lscertained, it is the more necessary to practise every lseful economy, and to incur no expense which may >e avoided without prejudice.

No change being deemed necessary in our Military Establishment, an estimate of its expenses for the fuming year, on its present footing, as also of the sums o be employed in fortifications, and other objects vithin 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 arc employed 'or local purposes, and that the militia is our general -clinnce for great and sudden emergencies, you will loubtless think this institution worthy of a review, and rive it those improvements of which you find it susceptible.

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

Presuming it will be deemed expedient to expend innually a convenient sum towards providing the Naval defence which our situation may require, I :annot but recommend that the first appropriations


for that purpose may go to the saving what we ready possess. No cares, no attentions, can preserve vessels from rapid decay, which lie in water and exposed to the sim. 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 tho 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. Tho 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.


December 15, 1802.

The Message and papers therein referred to were read; and

Ordered, That five hundred copies of the Me> sage 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.

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

"wednesday, December 22. Dwiqht Foster, from the State of Massachusetts, attended.


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