PRESENT:

NICHOLAS GILMAN, from New Hampshire.

TIMOTHY PICKERING, from Massachusetts.

CHAUNCEY GOODRICH, from Connecticut.

STEPHEN R. BRADLEY and JONATHAN ROBINSON,

from Vermont.

JOHN LAMBERT, from New Jersey.

ANDREW GREGG and MICHAEL LEIB, from

Pennsylvania.

WILLIAM B. GILES, from Virginia.

JAMES TURNER, from North Carolina.

THOMAS SUMTER and JOHN GAILLARD, from

South Carolina.

BUCKNER THRUSTON and JOHN POPE, from

Kentucky.

RETURN JONATHAN MEIGS and STANLEY GRISWOLD,

from Ohio.

The number of Senators present not being sufficient to constitute a

quorum, the Senate adjourned to 11 o'clock to-morrow morning.

TUESDAY, November 28.

The Senate assembled--present as yesterday; and OBADIAH GERMAN, from

the State of New York; JAMES HILLHOUSE, from the State of Connecticut;

ELISHA MATHEWSON, from the State of Rhode Island; and NAHUM PARKER,

from the State of New Hampshire, severally attended.

ANDREW GREGG, President _pro tempore_, resumed the chair.

The PRESIDENT communicated a letter from the Surveyor of the Public

Buildings, stating the difficulties that have prevented the entire

completion of the permanent Senate Chamber; which letter was read.

_Ordered_, That the Secretary acquaint the House of Representatives

that a quorum of the Senate is assembled, and ready to attend to

business.

_Ordered_, That Messrs. GILMAN and GAILLARD be a committee on the part

of the Senate, together with such committee as may be appointed by

the House of Representatives on their part, to wait on the President

of the United States, and notify him that a quorum of the two Houses

is assembled, and ready to receive any communications that he may be

pleased to make to them.

_Ordered_, That the Secretary acquaint the House of Representatives

therewith.

A message from the House of Representatives informed the Senate that

the House have appointed a committee, on their part, 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 that a quorum of the two

Houses is assembled, and ready to receive any communications that he

may be pleased to make to them.

_Resolved_, That James Mathers, Sergeant-at-Arms and Doorkeeper to

the Senate, be, and he is hereby, authorized to employ one assistant

and two horses, for the purpose of performing such services as are

usually required by the Doorkeeper to the Senate; and that the sum

of twenty-eight dollars be allowed him weekly for that purpose, to

commence with, and remain during the session, and for twenty days after.

Mr. GILMAN reported, from the joint committee, that they had waited on

the President of the United States, agreeably to order, and that the

President of the United States informed the committee that he would

make a communication to the two Houses to-morrow, at 12 o'clock.

WEDNESDAY, November 29.

JAMES LLOYD, from the State of Massachusetts, attended.

_President's Message._

The following Message was received from the PRESIDENT OF THE UNITED

STATES:

_Fellow-citizens of the Senate, and of the House of

Representatives_:

At the period of our last meeting, I had the satisfaction

of communicating an adjustment with one of the principal

belligerent nations, highly important in itself, and still more

so, as presaging a more extended accommodation. It is with deep

concern I am now to inform you, that the favorable prospect

has been overclouded by a refusal of the British Government to

abide by the act of its Minister Plenipotentiary, and by its

ensuing policy towards the United States, as seen through the

communications of the Minister sent to replace him.

Whatever pleas may be urged for a disavowal of engagements

formed by diplomatic functionaries, in cases where, by the

terms of the engagements, a mutual ratification is reserved;

or where notice at the time may have been given of a departure

from instructions; or, in extraordinary cases, essentially

violating the principles of equity; a disavowal could not have

been apprehended in a case where no such notice or violation

existed; where no such ratification was reserved; and, more

especially, where, as is now in proof, an engagement, to be

executed, without any such ratification, was contemplated by

the instructions given, and where it had, with good faith, been

carried into immediate execution on the part of the United

States.

These considerations not having restrained the British

Government from disavowing the arrangement, by virtue of

which its orders in council were to be revoked, and the event

authorizing the renewal of commercial intercourse having thus

not taken place, it necessarily became a question of equal

urgency and importance, whether the act prohibiting that

intercourse was not to be considered as remaining in legal

force. This question being, after due deliberation, determined

in the affirmative, a proclamation to that effect was issued.

It could not but happen, however, that a return to this state

of things, from that which had followed an execution of the

arrangement by the United States, would involve difficulties.

With a view to diminish these as much as possible, the

instructions from the Secretary of the Treasury, now laid

before you, were transmitted to the collectors of the several

ports. If, in permitting British vessels to depart without

giving bonds not to proceed to their own ports, it should

appear that the tenor of legal authority has not been strictly

pursued, it is to be ascribed to the anxious desire which was

felt, that no individuals should be injured by so unforeseen

an occurrence: and I rely on the regard of Congress for the

equitable interests of our own citizens, to adopt whatever

further provisions may be found requisite for a general

remission of penalties involuntarily incurred.

The recall of the disavowed Minister having been followed by

the appointment of a successor, hopes were indulged that the

new mission would contribute to alleviate the disappointment

which had been produced, and to remove the causes which had so

long embarrassed the good understanding of the two nations.

It could not be doubted that it would at least be charged

with conciliatory explanations of the step which had been

taken, and with proposals to be substituted for the rejected

arrangement. Reasonable and universal as this expectation

was, it also has not been fulfilled. From the first official

disclosures of the new Minister, it was found that he had

received no authority to enter into explanations relative to

either branch of the arrangement disavowed, nor any authority

to substitute proposals, as to that branch which concerned the

British orders in council. And, finally, that his proposals

with respect to the other branch, the attack on the frigate

Chesapeake, were founded on a presumption, repeatedly declared

to be inadmissible by the United States, that the first step

towards adjustment was due from them; the proposals, at the

same time, omitting even a reference to the officer answerable

for the murderous aggression, and asserting a claim not less

contrary to the British laws and British practice, than to the

principles and obligations of the United States.

The correspondence between the Department of State and this

Minister will show how unessentially the features presented

in its commencement have been varied in its progress. It

will show, also, that, forgetting the respect due to all

governments, he did not refrain from imputations on this, which

required that no further communications should be received

from him. The necessity of this step will be made known to His

Britannic Majesty, through the Minister Plenipotentiary of the

United States in London. And it would indicate a want of the

confidence due to a Government which so well understands and

exacts what becomes foreign Ministers near it, not to infer

that the misconduct of its own Representative will be viewed in

the same light in which it has been regarded here. The British

Government will learn, at the same time, that a ready attention

will be given to communications, through any channel which may

be substituted. It will be happy, if the change in this respect

should be accompanied by a favorable revision of the unfriendly

policy which has been so long pursued towards the United States.

With France, the other belligerent, whose trespasses on

our commercial rights have long been the subject of our

just remonstrances, the posture of our relations does not

correspond with the measures taken on the part of the United

States to effect a favorable change. The result of the several

communications made to her Government, in pursuance of the

authorities vested by Congress in the Executive, is contained

in the correspondence of our Minister at Paris, now laid before

you.

By some of the other belligerents, although professing just

and amicable dispositions, injuries materially affecting our

commerce have not been duly controlled or repressed. In these

cases, the interpositions deemed proper, on our part, have

not been omitted. But, it well deserves the consideration of

the Legislature, how far both the safety and the honor of the

American flag may be consulted, by adequate provisions against

that collusive prostitution of it by individuals, unworthy

of the American name, which has so much favored the real or

pretended suspicions, under which the honest commerce of their

fellow-citizens has suffered.

In relation to the powers on the coast of Barbary, nothing has

occurred which is not of a nature rather to inspire confidence

than distrust, as to the continuance of the existing amity.

With our Indian neighbors, the just and benevolent system

continued towards them, has also preserved peace, and is more

and more advancing habits favorable to their civilization and

happiness.

From a statement which will be made by the Secretary of

War, it will be seen that the fortifications on our maritime

frontier are, in many of the ports, completed, affording the

defence which was contemplated; and that a further time will

be required to render complete the works in the harbor of New

York, and in some other places. By the enlargement of the

works, and the employment of a greater number of hands at the

public armories, the supply of small arms, of an improving

quality, appears to be annually increasing, at a rate, that,

without those made on private contract, may be expected to go

far towards providing for the public exigency.

The act of Congress providing for the equipment of our vessels

of war having been fully carried into execution, I refer to

the statement of the Secretary of the Navy for the information

which may be proper on that subject. To that statement is added

a view of the transfers of appropriations, authorized by the

act of the session preceding the last, and of the grounds on

which the transfers were made.

Whatever may be the course of your deliberations on the subject

of our military establishments, I should fail in my duty in not

recommending to your serious attention the importance of giving

to our militia, the great bulwark of our security and resource

of our power, an organization the best adapted to eventual

situations, for which the United States ought to be prepared.

The sums which had been previously accumulated in the Treasury,

together with the receipts during the year ending on the 30th

of September last, and amounting to more than nine millions

of dollars, have enabled us to fulfil all our engagements,

and to defray the current expenses of our Government, without

recurring to any loan. But the insecurity of our commerce, and

the consequent diminution of the public revenue, will probably

produce a deficiency in the receipts of the ensuing year, for

which, and for other details, I refer to the statements which

will be transmitted from the Treasury.

In the state which has been presented of our affairs with the

great parties to a disastrous and protracted war, carried on in

a mode equally injurious and unjust to the United States as a

neutral nation, the wisdom of the National Legislature will be

again summoned to the important decision on the alternatives

before them. That these will be met in a spirit worthy of the

councils of a nation conscious both of its rectitude and of its

rights, and careful as well of its honor as of its peace, I

have an entire confidence. And that the result will be stamped

by a unanimity becoming the occasion, and be supported by every

portion of our citizens, with a patriotism enlightened and

invigorated by experience, ought as little to be doubted.

In the midst of the wrongs and vexations experienced from

external causes, there is much room for congratulation on

the prosperity and happiness flowing from our situation at

home. The blessing of health has never been more universal.

The fruits of the seasons, though in particular articles

and districts short of their usual redundancy, are more

than sufficient for our wants and our comforts. The face of

our country every where presents the evidence of laudable

enterprise, of extensive capital, and of durable improvement.

In a cultivation of the materials, and the extension of useful

manufactures, more especially in the general application

to household fabrics, we behold a rapid diminution of our

dependence on foreign supplies. Nor is it unworthy of

reflection, that this revolution in our pursuits and habits

is in no slight degree a consequence of those impolitic

and arbitrary edicts, by which the contending nations, in

endeavoring, each of them, to obstruct our trade with the

other, have so far abridged our means of procuring the

productions and manufactures of which our own are now taking

the place.

Recollecting, always, that, for every advantage which may

contribute to distinguish our lot from that to which others are

doomed by the unhappy spirit of the times, we are indebted to

that Divine Providence whose goodness has been so remarkably

extended to this rising nation, it becomes us to cherish a

devout gratitude, and to implore, from the same Omnipotent

source, a blessing on the consultations and measures about to

be undertaken for the welfare of our beloved country.

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