DECEMBER 3, 1805.

The Message was read and three hundred copies thereof ordered to be

printed for the use of the Senate.

WEDNESDAY, December 4.

_Chaplain._

The Senate proceeded to the election of a Chaplain, on their part, in

pursuance of the resolution of the two Houses, and the ballots being

collected, were, for Doctor GANTT, 15; Bishop CLAGGETT, 5; Mr. MCCORMICK,

2. So the Reverend Doctor GANTT was elected a Chaplain to Congress, on

the part of the Senate, during the present session.

MONDAY, December 9.

JAMES JACKSON, from the State of Georgia, attended.

JOHN ADAIR, appointed a Senator by the Legislature of the State of

Kentucky, in place of John Breckenridge, Esq., resigned, produced his

credentials, which were read; and the oath prescribed by law having been

administered, he took his seat in the Senate.

A confidential Message was received from the PRESIDENT OF THE UNITED

STATES, as follows:

_To the Senate and House of Representatives of the United

States_:

The depredations which have been committed on the commerce of

the United States during a preceding war, by persons under the

authority of Spain, are sufficiently known to all. These made

it a duty to require from that Government indemnifications for

our injured citizens; a convention was accordingly entered into

between the Minister of the United States at Madrid, and the

Minister of that Government for Foreign Affairs, by which it

was agreed that spoliations committed by Spanish subjects, and

carried into ports of Spain, should be paid for by that nation;

and that those committed by French subjects, and carried into

Spanish ports, should remain for further discussion. Before

this convention was returned to Spain with our ratification,

the transfer of Louisiana by France to the United States took

place; an event as unexpected as disagreeable to Spain. From

that moment she seemed to change her conduct and dispositions

toward us. It was first manifested by her protest against the

right of France to alienate Louisiana to us; which, however,

was soon retracted, and the right confirmed: then high offence

was manifested at the act of Congress establishing a collection

district on the Mobile, although, by an authentic declaration,

immediately made, it was expressly confined to our acknowledged

limits; and she now refused to ratify the convention signed by

her own Minister, under the eye of his sovereign, unless we

would consent to alterations of its terms, which would have

affected our claims against her for the spoliations by French

subjects carried into Spanish ports.

To obtain justice, as well as to restore friendship, I thought

a special mission advisable; and accordingly appointed James

Monroe, Minister Extraordinary and Plenipotentiary, to repair

to Madrid, and, in conjunction with our Minister resident

there, to endeavor to procure a ratification of the former

convention, and to come to an understanding with Spain as to

the boundaries of Louisiana. It appeared at once that her

policy was to reserve herself for events, and, in the mean

time, to keep our differences in an undetermined state. This

will be evident from the papers now communicated to you. After

nearly five months of fruitless endeavor to bring them to some

definite and satisfactory result, our ministers ended the

conferences, without having been able to obtain indemnity for

spoliations of any description, or any satisfaction as to the

boundaries of Louisiana, other than a declaration that we had

no rights eastward of the Iberville, and that our line to the

west was one which would have left us but a string of land

on that bank of the river Mississippi. Our injured citizens

were thus left without any prospect of retribution from the

wrong-doer; and, as to boundary, each party was to take its own

course. That which they have chosen to pursue, will appear from

the documents now communicated. They authorize the inference

that it is their intention to advance on our possessions, until

they shall be repressed by an opposing force. Considering that

Congress alone is constitutionally invested with the power of

changing our condition from peace to war, I have thought it my

duty to await their authority for using force in any degree

which could be avoided. I have barely instructed the officers

stationed in the neighborhood of the aggressions, to protect

our citizens from violence, to patrol within the borders

actually delivered to us, and not to go out of them, but, when

necessary to repel an inroad, or to rescue a citizen or his

property; and the Spanish officers remaining at New Orleans are

required to depart without further delay. It ought to be noted

here, that since the late change in the state of affairs in

Europe, Spain has ordered her cruisers and courts to respect

our treaty with her.

The conduct of France, and the part she may take in the

misunderstandings between the United States and Spain, are

too important to be unconsidered. She was prompt and decided

in her declarations, that our demands on Spain for French

spoliations carried into Spanish ports were included in the

settlement between the United States and France: she took at

once the ground that she had acquired no right from Spain,

and had meant to deliver us none, eastward of the Iberville;

her silence as to the western boundary, leaving us to infer

her opinion might be against Spain in that quarter. Whatever

direction she might mean to give to these differences, it does

not appear that she has contemplated their proceeding to actual

rupture, or that, at the date of our last advices from Paris,

her Government had any suspicion of the hostile attitude Spain

had taken here; on the contrary, we have reason to believe that

she was disposed to effect a settlement on a plan analogous to

what our ministers had proposed, and so comprehensive as to

remove, as far as possible, the grounds of future collision

and controversy on the eastern as well as western side of the

Mississippi.

The present crisis in Europe is favorable for pressing such

a settlement, and not a moment should be lost in availing

ourselves of it. Should it pass unimproved, our situation would

become much more difficult. Formal war is not necessary--it

is not probable it will follow; but the protection of our

citizens, the spirit and honor of our country, require that

force should be interposed to a certain degree. It will

probably contribute to advance the object of peace.

But the course to be pursued will require the command of

means which it belongs to Congress exclusively to yield or

to deny. To them I communicate every fact material for their

information, and the documents necessary to enable them to

judge for themselves. To their wisdom, then, I look for the

course I am to pursue; and will pursue, with sincere zeal, that

which they shall approve.

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