BEN. STODDERT.
[From C.F. Adams's Works of John Adams, Vol. IX, p. 160.]
CIRCULAR TO THE COMMANDERS OF ARMED VESSELS IN THE SERVICE OF THE UNITED
STATES, GIVEN AT THE NAVY DEPARTMENT DECEMBER 29, 1798.
SIR: It is the positive command of the President that on no pretense
whatever you permit the public vessel of war under your command to be
detained or searched nor any of the officers or men belonging to her to
be taken from her by the ships or vessels of any foreign nation so long
as you are in a capacity to repel such outrage on the honor of the
American flag. If force should be exerted to compel your submission,
you are to resist that force to the utmost of your power, and when
overpowered by superior force you are to strike your flag and thus yield
your vessel as well as your men, but never your men without your vessel.
You will remember, however, that your demeanor be respectful and
friendly to the vessels and people of all nations in amity with the
United States, and that you avoid as carefully the commission of as the
submission to insult or injury.
I have the honor to be, etc.,
BEN STODDERT.
[From Annals of Congress, Seventh Congress, second session, 747-748.]
CIRCULAR INSTRUCTIONS TO THE CAPTAINS AND COMMANDERS OF VESSELS IN THE
SERVICE OF THE UNITED STATES.
NAVY DEPARTMENT, _March 12, 1799._
SIR: Herewith you will receive an act of Congress "further to suspend
the commercial intercourse between the United States and France and the
dependencies thereof," the whole of which requires your attention; but
it is the command of the President that you consider particularly the
fifth section as part of your instructions and govern yourself
accordingly.
A proper discharge of the important duties arising out of this act will
require the exercise of a sound and an impartial judgment. You are not
only to do all that in you lies to prevent all intercourse, whether
direct or circuitous, between the ports of the United States and those
of France or her dependencies in cases where the vessels or cargoes are
apparently, as well as really, American and protected by American papers
only, but you are to be vigilant that vessels or cargoes really
American, but covered by Danish or other foreign papers and bound to or
from French ports, do not escape you. Whenever, on just suspicion, you
send a vessel into port to be dealt with according to the aforementioned
law, besides sending with her all her papers send all the evidence you
can obtain to support your suspicions and effect her condemnation. At
the same time that you are thus attentive to fulfill the objects of the
law you are to be extremely careful not to harass or injure the trade of
foreign nations with whom we are at peace nor the fair trade of our own
citizens.
A misconstruction of his authority by Captain Nicholson in relation to
vessels of friendly nations captured by the French renders it necessary
that I should make some explanatory observations on that subject. Our
laws direct the capture of all armed vessels sailing under authority or
pretense of authority from the French Republic. A vessel captured by the
citizens of France must be considered as sailing under the authority
of France, and it is scarcely to be supposed that in times like the
present, when few vessels sail without arms, a captured vessel in
possession of the captors will be so circumstanced as not to come under
the description of an armed vessel within the meaning of our laws. To
justify a recapture nothing is necessary but that the vessel be provided
with such means of annoyance as will render her dangerous to an unarmed
American vessel in pursuit of lawful commerce. If, however, the vessel
can not be considered an armed vessel within the meaning of our laws,
you are not to recapture her unless you should have probable cause to
suspect that the citizens of the United States or persons resident
therein have some interest in the vessel or cargo.
It is always your duty to recapture American property and property of
persons resident within the United States whenever found in possession
of the French on the high seas.
I have the honor to be, sir, your most obedient servant,
BEN. STODDERT.
[From Claypoole's American Daily Advertiser, Philadelphia, December 20,
1799.]
The President with deep regret announces to the Army the death of its
beloved chief, General George Washington. Sharing in the grief which
every heart must feel for so heavy and afflicting a public loss, and
desirous to express his high sense of the vast debt of gratitude which
is due to the virtues, talents, and ever-memorable services of the
illustrious deceased, he directs that funeral honors be paid to him at
all the military stations, and that the officers of the Army and of
the several corps of volunteers wear crape on the left arm by way of
mourning for six months. Major-General Hamilton will give the necessary
orders for carrying into effect the foregoing directions.
Given at the War Office of the United States, in Philadelphia, this 19th
day of December, A.D. 1799, and in the twenty-fourth year of the
Independence of the said States.
By command of the President:
JAMES M'HENRY,
_Secretary of War_.
[From Claypoole's American Daily Advertiser, Philadelphia, December 21,
1799.]
NAVY DEPARTMENT, _December 20, 1799_.
The President with deep affliction announces to the Navy and to the
marines the death of our beloved fellow-citizen, George Washington,
commander of our armies and late President of the United States, but
rendered more illustrious by his eminent virtues and a long series of
the most important services than by the honors which his grateful
country delighted to confer upon him.
Desirous that the Navy and marines should express, in common with every
other description of American citizens, the high sense which all feel of
the loss our country has sustained in the death of this good and great
man, the President directs that the vessels of the Navy in our own and
foreign ports be put in mourning for one week by wearing their colors
half-mast high, and that the officers of the Navy and of the marines
wear crape on the left arm below the elbow for six months.
BEN. STODDERT.
[From Claypoole's American Daily Advertiser, Philadelphia, December 24,
1799.]
Impressed with unspeakable grief and under the influence of an
affectionate sympathy which must pervade the hearts of his beloved
fellow citizen soldiers, the Blues, Brigadier-General MacPherson
announces the following communication:
PHILADELPHIA, _December 21, 1799_.
Major-General Hamilton has received through the Secretary of War
the following order from the President of the United States:
[For order see preceding page.]
The impressive terms in which this great national calamity is announced
by the President could receive no new force from anything that might be
added. The voice of praise would in vain endeavor to exalt a character
unrivaled on the lists of true glory. Words would in vain attempt to
give utterance to that profound and reverential grief which will
penetrate every American bosom and engage the sympathy of an admiring
world. If the sad privilege of preeminence in sorrow may justly be
claimed by the companions in arms of our lamented Chief, their
affections will spontaneously perform the dear though painful duty.
'Tis only for me to mingle my tears with those of my fellow-soldiers,
cherishing with them the precious recollection that while others are
paying a merited tribute to "The Man of the Age" we in particular,
allied as we were to him by a closer tie, are called to mourn the
irreparable loss of a kind and venerated patron and father!
In obedience to the directions of the President, the following funeral
honors will be paid at the several stations of the Army:
At daybreak sixteen guns will be fired in quick succession and one gun
at a distance of each half hour till sunset.
During the procession of the troops to the place representing that of
the interment and until the conclusion of the ceremonial minute guns
will be fired.
The bier will be received by the troops formed in line presenting their
arms and the officers, drums, and colors saluting. After this the
procession will begin, the troops marching by platoons in inverted order
and with arms reversed to the place of interment, the drums muffled and
the music playing a dead march.
The bier, carried by four sergeants and attended by six pallbearers,
where there is cavalry will be preceded by the cavalry and will be
followed by the troops on foot. Where there is no cavalry, a detachment
of infantry will precede the bier, which itself will in every case be
preceded by such of the clergy as may be present. The officers of the
general staff will immediately succeed the bier.
Where a numerous body of citizens shall be united with the military in
the procession, the whole of the troops will precede the bier, which
will then be followed by the citizens.
When arrived near the place of interment, the procession will halt, the
troops in front of the bier will form in line, and, opening their ranks,
will face inwards, to admit the passage of the bier, which will then
pass through the ranks, the troops leaning on their arms, reversed,
while the bier passes. When the bier shall have passed, the troops will
resume their position in line, and, reversing their arms, will remain
leaning upon them until the ceremonial shall be closed.
The music will now perform a solemn air, after which the introductory
part of this order shall be read.
At the end of this a detachment of infantry, appointed for the purpose,
will advance and fire three volleys over the bier.
The troops will then return, the music playing the President's march,
the drums previously unmuffled.
The uniform companies of militia are invited to join in arms the
volunteer corps.
The commanders at particular stations, conforming generally to this
plan, will make such exceptions as will accommodate it to situation. At
places where processions of unarmed citizens shall take place it is the
wish of the Major-General that the military ceremonial should be united,
and the particular commanders at those places are authorized to vary the
plan so as to adapt it to the circumstances.
Brigadier-General MacPherson is charged to superintend the ceremonial in
the city of Philadelphia; Major Tousard will attend to Fort Mifflin and
will cooperate with him.
The day of performing the ceremonial at each station is left to the
particular commander.
Major-General Pinckney will make such further arrangements within his
district as he shall deem expedient.
PHILIP CHURCH,
_Aid-de-Camp._
In conformity to the above the volunteers of the city and county of
Philadelphia in the service of the United States will parade, completely
equipped, at the manege, in Chesnut street, on Thursday next, the 26th
instant, at 10 o'clock a.m. The officers, together with the uniform
companies of militia who may think proper to join on this mournful
occasion, will please to signify their intention to Brigadier-General
MacPherson at his quarters on or before Tuesday next at 1 o'clock p.m.,
in order that the necessary arrangement may be made to pay the last sad
tribute of veneration to the manes of the late Commander in Chief of the
Armies of the United States.
By order of Brigadier-General MacPherson:
JONATHAN WILLIAMS,
_Aid-de-Camp._
[The following interesting paper is extracted from a speech of Senator
W.C. Rives, of Virginia, delivered in the United States Senate February
12, 1839, on a bill to prevent the interference of certain Federal
officers in elections. (See Congressional Globe, Twenty-fifth Congress,
third session, Vol. VII, Appendix, p. 409.) This order President
Jefferson caused to be issued by the heads of the several Departments
shortly after his inauguration, March 4, 1801. References are made to
it in several publications, but the originals could not be found.]
The President of the United States has seen with dissatisfaction
officers of the General Government taking on various occasions active
parts in elections of the public functionaries, whether of the General
or of the State Governments. Freedom of elections being essential to the
mutual independence of governments and of the different branches of the
same government, so vitally cherished by most of our constitutions, it
is deemed improper for officers depending on the Executive of the Union
to attempt to control or influence the free exercise of the elective
right. This I am instructed, therefore, to notify to all officers within
my Department holding their appointments under the authority of the
President directly, and to desire them to notify to all subordinate
to them. The right of any officer to give his vote at elections as a
qualified citizen is not meant to be restrained, nor, however given,
shall it have any effect to his prejudice; but it is expected that he
will not attempt to influence the votes of others nor take any part in
the business of electioneering, that being deemed inconsistent with the
spirit of the Constitution and his duties to it.
[From the Writings of Thomas Jefferson, Paul Leicester Ford, Vol. VIII,
pp. 99-101.]
CIRCULAR TO THE HEADS OF THE DEPARTMENTS.
WASHINGTON, _November 6, 1801._
DEAR SIR: Coming all of us into executive office new and unfamiliar
with the course of business previously practiced, it was not to be
expected we should in the first outset adopt in every part a line of
proceeding so perfect as to admit no amendment. The mode and degrees
of communication, particularly between the Presidents and heads of
Departments, have not been practiced exactly on the same scale in all of
them. Yet it would certainly be more safe and satisfactory for ourselves
as well as the public that not only the best but also an uniform course
of proceeding as to manner and degree should be observed. Having been
a member of the first Administration under General Washington, I can
state with exactness what our course then was. Letters of business came
addressed sometimes to the President, but most frequently to the heads
of Departments. If addressed to himself, he referred them to the proper
Department to be acted on. If to one of the Secretaries, the letter, if
it required no answer, was communicated to the President simply for his
information. If an answer was requisite, the Secretary of the Department
communicated the letter and his proposed answer to the President.
Generally they were simply sent back after perusal, which signified
his approbation. Sometimes he returned them with an informal note,
suggesting an alteration or a query. If a doubt of any importance arose,
he reserved it for conference. By this means he was always in accurate
possession of all facts and proceedings in every part of the Union, and
to whatsoever Department they related; he formed a central point for the
different branches; preserved an unity of object and action among them;
exercised that participation in the suggestion of affairs which his
office made incumbent on him, and met himself the due responsibility
for whatever was done. During Mr. Adams's Administration his long and
habitual absences from the seat of Government rendered this kind of
communication impracticable, removed him from any share in the
transaction of affairs, and parceled out the Government, in fact, among
four independent heads, drawing sometimes in opposite directions.
That the former is preferable to the latter course can not be doubted.
It gave, indeed, to the heads of Departments the trouble of making up
once a day a packet of all their communications for the perusal of the
President; it commonly also retarded one day their dispatches by mail;
but in pressing cases this injury was prevented by presenting that
case singly for immediate attention, and it produced us in return the
benefit of his sanction for every act we did. Whether any change of
circumstances may render a change in this procedure necessary a little
experience will show us. But I can not withhold recommending to heads of
Departments that we should adopt this course for the present, leaving
any necessary modifications of it to time and trial. I am sure my
conduct must have proved better than a thousand declarations would that
my confidence in those whom I am so happy as to have associated with
me is unlimited, unqualified, and unabated. I am well satisfied that
everything goes on with a wisdom and rectitude which I could not
improve. If I had the universe to choose from, I could not change one
of my associates to my better satisfaction. My sole motives are those
before expressed, as governing the first Administration in chalking out
the rules of their proceeding, adding to them only a sense of obligation
imposed on me by the public will to meet personally the duties to which
they have appointed me. If this mode of proceeding shall meet the
approbation of the heads of Departments, it may go into execution
without giving them the trouble of an answer. If any other can be
suggested which would answer our views and add less to their labors,
that will be a sufficient reason for my preferring it to my own
proposition, to the substance of which only, and not the form, I attach
any importance.
TH: JEFFERSON.
[From Annals of Congress, Tenth Congress, second session, 332-333.]
By virtue of the act entitled "An act making provision for defraying any
extraordinary expenses attending the intercourse between the United
States and foreign nations," passed on the 13th day of February, 1806,
and of which the annexed is an official exemplification, I, Thomas
Jefferson, President of the United States of America, do hereby
authorize and empower Albert Gallatin, Secretary of the Treasury of the
United States, to take all proper and necessary measures for placing the
$2,000,000 appropriated by the act above recited at the joint disposal
of John Armstrong and James Bowdoin, commissioners plenipotentiary and
extraordinary for settling all matters of difference between the United
States and the Government of Spain, and, in case of the death of one of
them, at the disposal of the survivor, to be jointly applied by the said
John Armstrong and James Bowdoin, or, in case of the death of one of
them, by the survivor, to such purposes as I may think proper to direct
in my instructions to them; and for so doing this shall be his
sufficient warrant.
In testimony whereof I have caused the seal of the United States to be
hereunto affixed.
[SEAL.]
Given under my hand, at the city of Washington, this 18th day of March,
1806.
TH: JEFFERSON.
By the President:
JAMES MADISON,
_Secretary of State._
[From the Writings of Thomas Jefferson, Paul Leicester Ford, Vol. IX,
pp. 34-35.]
CIRCULAR LETTER TO THE GOVERNORS OF KENTUCKY, TENNESSEE, OHIO, AND
MISSISSIPPI.
WASHINGTON, _March 21, 1807._
SIR: Although the present state of things on the western side of the
Mississippi does not threaten any immediate collision with our neighbors
in that quarter and it is our wish they should remain undisturbed until
an amicable adjustment may take place, yet as this does not depend on
ourselves alone it has been thought prudent to be prepared to meet any
movements which may occur. The law of a former session of Congress for
keeping a body of 100,000 militia in readiness for service at a moment's
warning is still in force, but by an act of the last session, a copy of
which I now inclose, the Executive is authorized to accept the services
of such volunteers as shall offer themselves on the conditions of the
act, which may render a resort to the former act unnecessary. It is
for the execution of this act that I am now to solicit your zealous
endeavors. The persons who shall engage will not be called from their
homes until some aggression, committed or intended, shall render it
necessary. When called into action it will not be for a lounging but
for an active and perhaps distant service. I know the effect of this
consideration in kindling that ardor which prevails for this service,
and I count on it for filling up the numbers requisite without delay.
To yourself I am sure it must be as desirable as it is to me to transfer
this service from the great mass of our militia to that portion of them
to whose habits and enterprise active and distant service is most
congenial. In using, therefore, your best exertions toward accomplishing
the object of this act you will render to your constituents as well as
to the nation a most acceptable service.
With respect to the organizing and officering those who shall be engaged
within your State the act itself will be your guide, and as it is
desirable that we should be kept informed of the progress in this
business I must pray you to report the same from time to time to the
Secretary of War, who will correspond with you on all the details
arising out of it.
I salute you with great consideration and respect.
TH: JEFFERSON.
[From American State Papers, Finance, Vol. II, p. 449.]
_James Madison, President of the United States of America, to Albert
Gallatin, Secretary of the Treasury_:
By virtue of the act entitled "An act authorizing a loan of money
for a sum not exceeding the amount of the principal of the public debt
reimbursable during the year 1810," passed on the 1st day of May, 1810,
I do hereby authorize and empower you, by yourself or any other person
or persons, to borrow on behalf of the United States, of the Bank of the
United States, any sum not exceeding in the whole $3,750,000, and to
make or cause to be made for that purpose such contract as shall be
necessary and for the interest of the said States, pursuant to the act
aforesaid; and for so doing this shall be your warrant.
Given under my hand, at Washington, this 28th day of May, A.D. 1810.
JAMES MADISON.
[From Annals of Congress, Thirteenth Congress, Vol. II, 2544-2545.]
NAVY DEPARTMENT, _July 29, 1813_.
_Commanding Officers of Stations or Vessels of United States Navy_:
The palpable and criminal intercourse held with the enemy's forces
blockading and invading the waters and shores of the United States is,
in a military view, an offense of so deep a dye as to call for the
vigilant interposition of all the naval officers of the United States.
This intercourse is not only carried on by foreigners, under the
specious garb of friendly flags, who convey provisions, water, and
succors of all kinds (ostensibly destined for friendly ports, in the
face, too, of a declared and rigorous blockade) direct to the fleets
and stations of the enemy, with constant intelligence of our naval
and military force and preparation and the means of continuing and
conducting the invasion, to the greatest possible annoyance of the
country, but the same traffic, intercourse, and intelligence is carried
on with great subtility and treachery by profligate citizens, who, in
vessels ostensibly navigating our own waters from port to port, under
cover of night or other circumstances favoring their turpitude, find
means to convey succors or intelligence to the enemy and elude the
penalty of the law. This lawless traffic and intercourse is also carried
on to a great extent in craft whose capacity exempts them from the
regulations of the revenue laws and from the vigilance which vessels
of greater capacity attract.
I am therefore commanded by the President of the United States to enjoin
and direct all naval commanding officers to exercise the strictest
vigilance and to stop and detain all vessels or craft whatsoever
proceeding or apparently intending to proceed toward the enemy's vessels
within the waters or hovering about the harbors of the United States, or
toward any station occupied by the enemy within the jurisdiction of the
United States, from which vessels or craft the enemy might derive
succors or intelligence.
W. JONES.
[From Congressional Globe, Vol. V, p. 323.]
TREASURY DEPARTMENT, _February 22, 1836_.
_To Receivers of Public Moneys, Collectors, Disbursing Officers, and
the Deposit Banks of the United States_: