PRESENT.

NICHOLAS GILMAN and CHARLES CUTTS, from New Hampshire.

JOSEPH B. VARNUM, from Massachusetts.

CHAUNCEY GOODRICH, from Connecticut.

JEREMIAH B. HOWELL, from Rhode Island.

JONATHAN ROBINSON, from Vermont.

JOHN LAMBERT, from New Jersey.

MICHAEL LEIB, from Pennsylvania.

OUTERBRIDGE HORSEY, from Delaware.

SAMUEL SMITH, from Maryland.

JESSE FRANKLIN and JAMES TURNER, from North Carolina.

JOHN GAILLARD, from South Carolina.

WILLIAM H. CRAWFORD and CHARLES TAIT, from Georgia.

GEORGE W. CAMPBELL, from Tennessee.

THOS. WORTHINGTON and ALEXANDER CAMPBELL, from Ohio.

There being no quorum, the Senate adjourned till to-morrow.

TUESDAY, November 3.

ANDREW GREGG, from the State of Pennsylvania, and JOHN TAYLOR, from the

State of South Carolina, severally attended.

WILLIAM H. CRAWFORD, President _pro tempore_, resumed the chair.

_Ordered_, That the Secretary acquaint the House of Representatives

that a quorum of the Senate is assembled and ready to proceed to

business.

A message from the House of Representatives informed the Senate that

a quorum of the House is assembled and ready to proceed to business.

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 communication that he

may be pleased to make to them.

The Senate concurred in the appointment of a joint committee on their

part, agreeably to the resolution last mentioned; and Messrs. GAILLARD,

and SMITH of Maryland, were appointed the committee.

A committee was appointed agreeably to the 42d rule for conducting

business in the Senate. Messrs. LEIB, FRANKLIN, and GREGG, are the

committee.

_Resolved_, That each Senator be supplied, during the present session,

with three such newspapers printed in any of the States as he may

choose, provided that the same be furnished at the usual rate for the

annual charge of such papers: and provided, also, that if any Senator

shall choose to take any newspapers other than daily papers, he shall

be supplied with as many such papers as shall not exceed the price of

three daily papers.

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

the President of the United States, and that the President had informed

the committee that he would make a communication to the two Houses at

twelve o'clock to-morrow.

WEDNESDAY, November 4.

OBADIAH GERMAN, from the State of New York, took his seat in the Senate.

On motion by Mr. LEIB, a committee of three members were appointed,

who, with three members of the House of Representatives, to be

appointed by the said House, shall have the direction of the money

appropriated to the purchase of books and maps for the use of the two

Houses of Congress; and Messrs. LEIB, TAIT, and CAMPBELL of Tennessee,

were appointed the committee on the part of the Senate.

_President's Annual Message._

The following Message was received from the PRESIDENT OF THE UNITED

STATES:

_Fellow-citizens of the Senate

and House of Representatives_:

On our present meeting, it is my first duty to invite your

attention to the providential favors which our country has

experienced, in the unusual degree of health dispensed to its

inhabitants, and in the rich abundance with which the earth

has rewarded the labors bestowed on it. In the successful

cultivation of other branches of industry, and in the progress

of general improvement favorable to the national prosperity,

there is just occasion, also, for our mutual congratulations

and thankfulness.

With these blessings are necessarily mingled the pressures and

vicissitudes incident to the state of war into which the United

States have been forced by the perseverance of a foreign power

in its system of injustice and aggression.

Previous to its declaration, it was deemed proper, as a measure

of precaution and forecast, that a considerable force should be

placed in the Michigan Territory, with a general view to its

security, and, in the event of war, to such operations in the

uppermost Canada as would intercept the hostile influence of

Great Britain over the savages, obtain the command of the lake

on which that part of Canada borders, and maintain co-operating

relations with such forces as might be most conveniently

employed against other parts. Brigadier General Hull was

charged with this provisional service; having under his command

a body of troops composed of regulars and volunteers from

the State of Ohio. Having reached his destination after his

knowledge of the war, and possessing discretionary authority to

act offensively, he passed into the neighboring territory of

the enemy, with a prospect of easy and victorious progress. The

expedition, nevertheless, terminated unfortunately, not only in

a retreat to the town and fort of Detroit, but in the surrender

of both, and of the gallant corps commanded by that officer.

The causes of this painful reverse will be investigated by a

military tribunal.

A distinguishing feature in the operations which preceded and

followed this adverse event, is the use made by the enemy

of the merciless savages under their influence. Whilst the

benevolent policy of the United States invariably recommended

peace, and promoted civilization among that wretched portion of

the human race; and was making exertions to dissuade them from

taking either side in the war, the enemy has not scrupled to

call to his aid their ruthless ferocity, armed with the horrors

of those instruments of carnage and torture which are known to

spare neither age nor sex. In this outrage against the laws of

honorable war, and against the feelings sacred to humanity,

the British commanders cannot resort to a plea of retaliation;

for it is committed in the face of our example. They cannot

mitigate it, by calling it a self-defence against men in arms;

for it embraces the most shocking butcheries of defenceless

families. Nor can it be pretended that they are not answerable

for the atrocities perpetrated; since the savages are employed

with a knowledge, and even with menaces, that their fury could

not be controlled. Such is the spectacle which the deputed

authorities of a nation, boasting its religion and morality,

have not been restrained from presenting to an enlightened age.

The misfortune of Detroit was not, however, without a consoling

effect. It was followed by signal proofs that the national

spirit rises according to the pressure on it. The loss of an

important post, and of the brave men surrendered with it,

inspired every where new ardor and determination. In the States

and districts least remote, it was no sooner known, than every

citizen was ready to fly with his arms, at once, to protect

his brethren against the blood-thirsty savages let loose by

the enemy on an extensive frontier, and to convert a partial

calamity into a source of invigorated efforts. This patriotic

zeal, which it was necessary rather to limit than excite, has

embodied an ample force from the States of Kentucky and Ohio,

and from parts of Pennsylvania and Virginia. It is placed,

with the addition of a few regulars, under the command of

Brigadier General Harrison, who possesses the entire confidence

of his fellow-soldiers, among whom are citizens, some of them

volunteers in the ranks, not less distinguished by their

political stations, than by their personal merits. The greater

portion of this force is proceeding on its destination, towards

the Michigan Territory, having succeeded in relieving an

important frontier post, and in several incidental operations

against hostile tribes of savages, rendered indispensable by

the subserviency into which they had been seduced by the enemy;

a seduction the more cruel, as it could not fail to impose a

necessity of precautionary severities against those who yielded

to it.

At a recent date, an attack was made on a post of the enemy

near Niagara, by a detachment of the regular and other forces,

under the command of Major General Van Rensselaer, of the

militia of the State of New York. The attack, it appears,

was ordered, in compliance with the ardor of the troops, who

executed it with distinguished gallantry, and were, for a time,

victorious; but not receiving the expected support, they were

compelled to yield to reinforcements of British regulars and

savages. Our loss has been considerable, and is deeply to be

lamented. That of the enemy, less ascertained, will be the more

felt, as it includes, among the killed, the commanding general,

who was also Governor of the province; and was sustained by

veteran troops, from inexperienced soldiers, who must daily

improve in the duties of the field.

Our expectation of gaining the command of the lakes, by the

invasion of Canada from Detroit, having been disappointed,

measures were instantly taken to provide, on them, a naval

force superior to that of the enemy. From the talents and

activity of the officer charged with this object, every thing

that can be done may be expected. Should the present season

not admit of complete success, the progress made will insure,

for the next, a naval ascendency, where it is essential to our

permanent peace with, and control over, the savages.

Among the incidents to the measures of the war, I am

constrained to advert to the refusal of the Governors of

Massachusetts and Connecticut to furnish the required

detachments of militia towards the defence of the maritime

frontier. The refusal was founded on a novel and unfortunate

exposition of the provisions of the constitution relating to

the militia. The correspondences which will be before you,

contain the requisite information on the subject. It is obvious

that, if the authority of the United States to call into

service and command the militia for the public defence, can

be thus frustrated, even in a state of declared war, and of

course, under apprehensions of invasion preceding war, they

are not one nation for the purpose most of all requiring it;

and that the public safety may have no other resource, than

in those large and permanent military establishments which

are forbidden by the principles of our free Government, and

against the necessity of which the militia were meant to be a

constitutional bulwark.

On the coasts, and on the ocean, the war has been as

successful as circumstances inseparable from its early

stages could promise. Our public ships and private cruisers,

by their activity, and, where there was occasion, by their

intrepidity, have made the enemy sensible of the difference

between a reciprocity of captures, and the long confinement

of them to their side. Our trade, with little exception, has

safely reached our ports; having been much favored in it by

the course pursued by a squadron of our frigates, under the

command of Commodore Rodgers. And in the instance in which

skill and bravery were more particularly tried with those

of the enemy, the American flag had an auspicious triumph.

The frigate Constitution, commanded by Captain Hull, after a

close and short engagement, completely disabled and captured a

British frigate; gaining for that officer, and all on board, a

praise which cannot be too liberally bestowed; not merely for

the victory actually achieved, but for that prompt and cool

exertion of commanding talents, which, giving to courage its

highest character, and to the force applied its full effect,

proved that more could have been done in a contest requiring

more.

Anxious to abridge the evils from which a state of war cannot

be exempt, I lost no time after it was declared, in conveying

to the British Government the terms on which its progress

might be arrested, without awaiting the delays of a formal and

final pacification; and our Chargé d'Affaires at London was,

at the same time, authorized to agree to an armistice founded

upon them. These terms required that the Orders in Council

should be repealed as they affected the United States, without

a revival of blockades violating acknowledged rules; and that

there should be an immediate discharge of American seamen from

British ships, and a stop to impressment from American ships,

with an understanding that an exclusion of the seamen of each

nation from the ships of the other should be stipulated; and

that the armistice should be improved into a definitive and

comprehensive adjustment of depending controversies. Although

a repeal of the Orders susceptible of explanations meeting

the views of this Government had taken place before this

pacific advance was communicated to that of Great Britain, the

advance was declined from an avowed repugnance to a suspension

of the practice of impressments during the armistice, and

without any intimation that the arrangement proposed, with

respect to seamen, would be accepted. Whether the subsequent

communications from this Government, affording an occasion for

reconsidering the subject on the part of Great Britain, will

be viewed in a more favorable light, or received in a more

accommodating spirit, remains to be known. It would be unwise

to relax our measures, in any respect, on a presumption of such

a result.

The documents from the Department of State, which relate to

this subject, will give a view also of the propositions for

an armistice, which have been received here, one of them from

the authorities at Halifax and in Canada, the other from the

British Government itself, through Admiral Warren; and of the

grounds on which neither of them could be accepted.

Our affairs with France retain the posture which they held at

my last communications to you. Notwithstanding the authorized

expectations of an early as well as favorable issue to the

discussions on foot, these have been procrastinated to

the latest date. The only intervening occurrence meriting

attention, is the promulgation of a French decree purporting to

be a definitive repeal of the Berlin and Milan decrees. This

proceeding, although made the ground of the repeal of British

Orders in Council, is rendered, by the time and manner of it,

liable to many objections.

The final communications from our special Minister to Denmark,

afford further proofs of the good effects of his mission, and

of the amicable disposition of the Danish Government. From

Russia, we have the satisfaction to receive assurances of

continued friendship, and that it will not be affected by the

rupture between the United States and Great Britain. Sweden

also professes sentiments favorable to the subsisting harmony.

With the Barbary Powers, excepting that of Algiers, our

affairs remain on the ordinary footing. The Consul General,

residing with that Regency, has suddenly, and without cause,

been banished, together with all the American citizens found

there. Whether this was the transitory effect of capricious

despotism, or the first act of predetermined hostility, is not

ascertained. Precautions were taken by the Consul on the latter

supposition.

The Indian tribes, not under foreign instigations, remain at

peace, and receive the civilizing attentions which have proved

so beneficial to them.

With a view to that vigorous prosecution of the war to which

our national faculties are adequate, the attention of Congress

will be particularly drawn to the insufficiency of existing

provisions for filling up the Military Establishment. Such

is the happy condition of our country, arising from the

facility of subsistence and the high wages for every species

of occupation, that notwithstanding the augmented inducements

provided at the last session, a partial success only has

attended the recruiting service. The deficiency has been

necessarily supplied during the campaign by other than regular

troops, with all the inconveniences and expense incident to

them. The remedy lies in establishing more favorably for the

private soldier, the proportion between his recompense and the

term of his enlistment. And it is a subject which cannot too

soon or too seriously be taken into consideration.

The same insufficiency has been experienced in the provisions

for volunteers made by an act of the last session. The

recompense for the service required in this case is still less

attractive than in the other. And although patriotism alone has

sent into the field some valuable corps of that description,

those alone who can afford the sacrifice can be reasonably

expected to yield to that impulse.

It will merit consideration, also, whether, as auxiliary to

the security of our frontiers, corps may not be advantageously

organized, with a restriction of their services to particular

districts convenient to them. And whether the local and

occasional services of mariners and others in the seaport

towns, under a similar organization, would not be a provident

addition to the means of their defence.

I recommend a provision for an increase of the general officers

of the army, the deficiency of which has been illustrated by

the number and distance of separate commands, which the course

of the war and the advantage of the service have required.

And I cannot press too strongly on the earliest attention of

the Legislature, the importance of the reorganization of the

staff establishment, with a view to render more distinct and

definite the relations and responsibilities of its several

departments. That there is room for improvements which will

materially promote both economy and success, in what appertains

to the army and the war, is equally inculcated by the examples

of other countries, and by the experience of our own.

A revision of the militia laws for the purpose of rendering

them more systematic, and better adapting them to the

emergencies of the war, is, at this time, particularly

desirable.

Of the additional ships authorized to be fitted for service,

two will be shortly ready to sail; a third is under repair,

and delay will be avoided in the repair of the residue. Of the

appropriations for the purchase of materials for ship building,

the greater part has been applied to that object, and the

purchase will be continued with the balance.

The enterprising spirit which has characterized our naval

force, and its success, both in restraining insults and

depredations on our coasts, and in reprisals on the enemy, will

not fail to recommend an enlargement of it.

There being reason to believe that the act prohibiting the

acceptance of British licenses is not a sufficient guard

against the use of them for purposes favorable to the interests

and views of the enemy, further provisions on that subject are

highly important. Nor is it less so, that penal enactments

should be provided for cases of corrupt and perfidious

intercourse with the enemy, not amounting to treason, nor yet

embraced by any statutory provisions.

A considerable number of American vessels which were in England

when the revocation of the Orders in Council took place,

were laden with British manufactures, under an erroneous

impression that the non-importation act would immediately

cease to operate, and have arrived in the United States. It

did not appear proper to exercise, on unforeseen cases of

such magnitude, the ordinary powers vested in the Treasury

Department to mitigate forfeitures, without previously

affording to Congress an opportunity of making on the subject

such provisions as they may think proper. In their decision,

they will doubtless equally consult what is due to equitable

considerations and to the public interest.

The receipts into the Treasury during the year ending on the

30th of September last, have exceeded sixteen millions and a

half of dollars; which have been sufficient to defray all the

demands on the Treasury to that day, including a necessary

reimbursement of near three millions of the principal of the

public debt. In these receipts is included a sum of near five

millions eight hundred and fifty thousand dollars, received

on account of the loans authorized by the acts of the last

session: the whole sum actually obtained on loan amounts

to eleven millions of dollars, the residue of which, being

receivable subsequent to the 30th of September last, will,

together with the current revenue, enable us to defray all the

expenses of this year.

The duties on the late unexpected importations of British

manufactures will render the revenue of the ensuing year more

productive than could have been anticipated.

The situation of our country, fellow-citizens, is not

without its difficulties; though it abounds in animating

considerations, of which the view here presented of our

pecuniary resources is an example. With more than one nation

we have serious and unsettled controversies; and with one,

powerful in the means and habits of war, we are at war. The

spirit and strength of the nation are nevertheless equal to

the support of all its rights, and to carry it through all its

trials. They can be met in that confidence. Above all, we have

the inestimable consolation of knowing that the war in which

we are actually engaged, is a war neither of ambition nor of

vain glory; that it is waged, not in violation of the rights of

others, but in the maintenance of our own; that it was preceded

by a patience without example, under wrongs accumulating

without end: and that it was finally not declared until every

hope of averting it was extinguished, by the transfer of the

British sceptre into new hands clinging to former councils; and

until declarations were reiterated to the last hour, through

the British Envoy here, that the hostile edicts against our

commercial rights and our maritime independence would not be

revoked; nay, that they could not be revoked without violating

the obligations of Great Britain to other powers, as well as to

her own interests. To have shrunk, under such circumstances,

from manly resistance, would have been a degradation blasting

our best and proudest hopes; it would have struck us from

the high ranks where the virtuous struggles of our fathers

had placed us, and have betrayed the magnificent legacy

which we hold in trust for future generations. It would have

acknowledged, that, on the element which forms three-fourths

of the globe we inhabit, and where all independent nations

have equal and common rights, the American people were not an

independent people, but colonists and vassals. It was at this

moment, and with such an alternative, that war was chosen.

The nation felt the necessity of it, and called for it. The

appeal was accordingly made, in a just cause, to the just and

all-powerful Being who holds in his hand the chain of events,

and the destiny of nations. It remains only, that, faithful

to ourselves, entangled in no connections with the views of

other powers, and ever ready to accept peace from the hand of

justice, we prosecute the war with united counsels and with

the ample faculties of the nation, until peace be so obtained,

and as the only means, under the Divine blessing, of speedily

obtaining it.

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