PRESENT:

GEORGE CLINTON, Vice President of the United States, and President of the

Senate.

WILLIAM PLUMER and NICHOLAS GILMAN, from New Hampshire.

JOHN QUINCY ADAMS and TIMOTHY PICKERING, from Massachusetts.

URIAH TRACY, from Connecticut.

BENJAMIN HOWLAND, from Rhode Island.

STEPHEN R. BRADLEY and ISRAEL SMITH, from Vermont.

SAMUEL L. MITCHILL, from New York.

JOHN CONDIT and AARON KITCHEL, from New Jersey.

GEORGE LOGAN and SAMUEL MACLAY, from Pennsylvania.

SAMUEL WHITE, from Delaware.

DAVID STONE, from North Carolina.

JOHN GAILLARD, from South Carolina.

ABRAHAM BALDWIN, from Georgia.

THOMAS WORTHINGTON, from Ohio.

WILLIAM B. GILES, appointed a Senator by the Legislature of the

Commonwealth of Virginia, for the term of six years, from and after the

4th day of March last, produced his credentials, which were read; and,

the oath prescribed by law having been administered to him, he took his

seat in the Senate.

A message from the House of Representatives informed the Senate that a

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

_Ordered_, That the Secretary notify 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

the House have appointed a joint committee, on their part, with such

committee as the Senate may appoint, 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 took into consideration the resolution of the House of

Representatives last mentioned, for the appointment of a joint committee,

and

_Resolved_, That they do concur therein; and

_Ordered_, That Messrs. MITCHILL and STONE be the committee on the part

of the Senate.

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

on the President of the United States, agreeably to the resolution of

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

committee that he would make a communication to the two Houses to-morrow,

at twelve o’clock.

TUESDAY, December 2.

SAMUEL SMITH, from the State of Maryland, and BUCKNER THRUSTON, from the

State of Kentucky, attended.

_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.

_Annual Message._

The following Message was received from the PRESIDENT OF THE UNITED

STATES:

_To the Senate and House of Representatives of the United

States_:

It would have given me, fellow-citizens, great satisfaction to

announce, in the moment of your meeting, that the difficulties

in our foreign relations, existing at the time of your last

separation, had been amicably and justly terminated. I lost no

time in taking those measures which were most likely to bring

them to such a termination, by special missions, charged with

such powers and instructions as, in the event of failure, could

leave no imputation on either our moderation or forbearance.

The delays which have since taken place in our negotiations

with the British Government appear to have proceeded from

causes which do not forbid the expectation that, during the

course of the session, I may be enabled to lay before you

their final issue. What will be that of the negotiations

for settling our differences with Spain, nothing which had

taken place at the date of the last despatches enables us to

pronounce. On the western side of the Mississippi she advanced

in considerable force, and took post at the settlement of Bayou

Pierre, on the Red river. This village was originally settled

by France, was held by her as long as she held Louisiana, and

was delivered to Spain only as a part of Louisiana. Being

small, insulated, and distant, it was not observed, at the

moment of redelivery to France and the United States, that she

continued a guard of half a dozen men, which had been stationed

there. A proposition, however, having been lately made by our

Commander-in-chief, to assume the Sabine river as a temporary

line of separation between the troops of the two nations until

the issue of our negotiations shall be known, this has been

referred by the Spanish commandant to his superior, and in

the mean time he has withdrawn his force to the western side

of the Sabine river. The correspondence on this subject, now

communicated, will exhibit more particularly the present state

of things in that quarter.

Having received information that, in another part of the United

States, a great number of private individuals were combining

together, arming and organizing themselves contrary to law,

to carry on a military expedition against the territories of

Spain, I thought it necessary, by proclamation, as well as by

special orders, to take measures for preventing and suppressing

this enterprise, for seizing the vessels, arms, and other means

provided for it, and for arresting and bringing to justice its

authors and abettors. It was due to that good faith which ought

ever to be the rule of action in public as well as in private

transactions, it was due to good order and regular government

that, while the public force was acting strictly on the

defensive, and merely to protect our citizens from aggression,

the criminal attempts of private individuals to decide, for

their country, the question of peace or war, by commencing

active and unauthorized hostilities, should be promptly and

efficaciously suppressed.

In a country whose constitution is derived from the will

of the people, directly expressed by their free suffrages,

where the principal Executive functionaries, and those of the

Legislature, are renewed by them at short periods; where,

under the character of jurors, they exercise in person the

greatest portion of the judiciary powers; where the laws are

consequently so formed and administered as to bear with equal

weight and favor on all, restraining no man in the pursuits of

honest industry, and securing to every one the property which

that acquires, it would not be supposed that any safeguards

could be needed against insurrection, or enterprise, on the

public peace or authority. The laws, however, aware that these

should not be trusted to moral restraints only, have wisely

provided punishment for these crimes when committed. But

would it not be salutary to give also the means of preventing

their commission? Where an enterprise is meditated by private

individuals against a foreign nation in amity with the United

States, powers of prevention, to a certain extent, are given

by the laws; would they not be as reasonable and useful where

the enterprise preparing is against the United States? While

adverting to this branch of law it is proper to observe, that,

in enterprises meditated against foreign nations, the ordinary

process of binding to the observance of the peace and good

behavior, could it be extended to acts to be done out of the

jurisdiction of the United States, would be effectual in some

cases where the offender is able to keep out of sight every

indication of his purpose which could draw on him the exercise

of the powers now given by law.

The expedition of Messrs. Lewis and Clarke, for exploring the

river Missouri, and the best communication from that to the

Pacific Ocean, has had all the success which could have been

expected. They have traced the Missouri nearly to its source,

descended the Columbia to the Pacific Ocean, ascertained with

accuracy the geography of that interesting communication across

our continent, learnt the character of the country, of its

commerce, and inhabitants; and it is but justice to say, that

Messrs. Lewis and Clarke, and their brave companions, have, by

this arduous service, deserved well of their country.

I congratulate you, fellow-citizens, on the approach of

the period at which you may interpose your authority,

constitutionally, to withdraw the citizens of the United States

from all further participation in those violations of human

rights which have been so long continued on the unoffending

inhabitants of Africa, and which the morality, the reputation,

and the best interests of our country, have long been eager to

proscribe. Although no law you may pass can take prohibitory

effect till the day of the year one thousand eight hundred and

eight, yet the intervening period is not too long to prevent,

by timely notice, expeditions which cannot be completed before

that day.

The receipts at the Treasury, during the year ending on the

30th day of September last, have amounted to nearly fifteen

millions of dollars, which have enabled us, after meeting the

current demands, to pay two millions seven hundred thousand

dollars of the American claims, in part of the price of

Louisiana; to pay of the funded debt, upwards of three millions

of principal, and nearly four of interest; and, in addition,

to reimburse, in the course of the present month, nearly two

millions of five and a half per cent. stock. These payments

and reimbursements of the funded debt, with those which had

been made in the four years and a half preceding, will, at

the present year, have extinguished upwards of twenty-three

millions of principal.

The duties composing the Mediterranean fund will cease, by

law, at the end of the present session. Considering, however,

that they are levied chiefly on luxuries, and that we have an

impost on salt, a necessary of life, the free use of which

otherwise is so important, I recommend to your consideration

the suppression of the duties on salt, and the continuation of

the Mediterranean fund instead thereof, for a short time, after

which that also will become unnecessary for any purpose now

within contemplation.

When both of these branches of revenue shall in this way be

relinquished, there will still, ere long, be an accumulation of

moneys in the Treasury beyond the instalments of public debt

which we are permitted by contract to pay. They cannot, then,

without a modification, assented to by the public creditors, be

applied to the extinguishment of this debt, and the complete

liberation of our revenues, the most desirable of all objects;

nor, if our peace continues, will they be wanting for any other

existing purpose. The question, therefore, now comes forward:

To what other objects shall these surpluses be appropriated,

and the whole surplus of impost, after the entire discharge of

the public debt, and during those intervals when the purposes

of war shall not call for them? Shall we suppress the impost,

and give that advantage to foreign over domestic manufactures?

On a few articles, of more general and necessary use, the

suppression, in due season, will doubtless be right, but the

great mass of the articles on which impost is paid are foreign

luxuries, purchased by those only who are rich enough to afford

themselves the use of them. Their patriotism would certainly

prefer its continuance and application to the great purposes

of the public education, roads, rivers, canals,[41] and such

other objects of public improvement as it may be thought

proper to add to the constitutional enumeration of federal

powers. By these operations new channels of communication

will be opened between the States; the lines of separation

will disappear; their interests will be identified and their

Union cemented by new and indissoluble ties. Education is here

placed among the articles of public care, not that it would

be proposed to take its ordinary branches out of the hands

of private enterprise, which manages so much better all the

concerns to which it is equal; but a public institution can

alone supply those sciences which, though rarely called for,

are yet necessary to complete the circle, all the parts of

which contribute to the improvement of the country, and some

of them to its preservation. The subject is now proposed for

the consideration of Congress, because, if approved by the time

the State Legislature shall have deliberated on this extension

of the federal trusts, and the laws shall be passed and other

arrangements made for their execution, the necessary funds will

be on hand, and without employment. I suppose an amendment to

the constitution, by consent of the States, necessary, because

the objects now recommended are not among those enumerated in

the constitution, and to which it permits the public moneys to

be applied.

The present consideration of a national establishment,

for education particularly, is rendered proper by this

circumstance; also that, if Congress, approving the

proposition, shall yet think it more eligible to found it on

a donation of lands, they have it now in their power to endow

it with those which will be among the earliest to produce the

necessary income. This foundation would have the advantage of

being independent on war, which may suspend other improvements,

by requiring for its own purposes the resources destined for

them.

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