and that the militia is our general reliance for great and sudden
emergencies, you will doubtless think this institution worthy of a
review, and give it those improvements of which you find it susceptible.
Estimates for the Naval Department, prepared by the Secretary of the
Navy, for another year will in like manner be communicated with the
general estimates. A small force in the Mediterranean will still be
necessary to restrain the Tripoline cruisers, and the uncertain tenure
of peace with some other of the Barbary Powers may eventually require
that force to be augmented. The necessity of procuring some smaller
vessels for that service will raise the estimate, but the difference
in their maintenance will soon make it a measure of economy.
Presuming it will be deemed expedient to expend annually a convenient
sum toward providing the naval defense which our situation may require,
I can not but recommend that the first appropriations for that purpose
may go to the saving what we already possess. No cares, no attentions,
can preserve vessels from rapid decay which lie in water and exposed
to the sun. These decays require great and constant repairs, and will
consume, if continued, a great portion of the moneys destined to naval
purposes. To avoid this waste of our resources it is proposed to add
to our navy-yard here a dock within which our present vessels may be
laid up dry and under cover from the sun. Under these circumstances
experience proves that works of wood will remain scarcely at all
affected by time. The great abundance of running water which this
situation possesses, at heights far above the level of the tide, if
employed as is practiced for lock navigation, furnishes the means for
raising and laying up our vessels on a dry and sheltered bed. And should
the measure be found useful here, similar depositories for laying up as
well as for building and repairing vessels may hereafter be undertaken
at other navy-yards offering the same means. The plans and estimates
of the work, prepared by a person of skill and experience, will be
presented to you without delay, and from this it will be seen that
scarcely more than has been the cost of one vessel is necessary to save
the whole, and that the annual sum to be employed toward its completion
may be adapted to the views of the Legislature as to naval expenditure.
To cultivate peace and maintain commerce and navigation in all their
lawful enterprises; to foster our fisheries as nurseries of navigation
and for the nurture of man, and protect the manufactures adapted to our
circumstances; to preserve the faith of the nation by an exact discharge
of its debts and contracts, expend the public money with the same care
and economy we would practice with our own, and impose on our citizens
no unnecessary burthens; to keep in all things within the pale of our
constitutional powers, and cherish the federal union as the only rock
of safety--these, fellow-citizens, are the landmarks by which we are to
guide our selves in all our proceedings. By continuing to make these the
rule of our action we shall endear to our countrymen the true principles
of their Constitution and promote an union of sentiment and of action
equally auspicious to their happiness and safety. On my part, you may
count on a cordial concurrence in every measure for the public good and
on all the information I possess which may enable you to discharge to
advantage the high functions with which you are invested by your
country.
TH. JEFFERSON.
SPECIAL MESSAGES.
DECEMBER 22, 1802.
_Gentlemen of the House of Representatives_:
I now transmit a report from the Secretary of State with the information
requested in your resolution of the 17th instant.
In making this communication I deem it proper to observe that I was led
by the regard due to the rights and interests of the United States and
to the just sensibility of the portion of our fellow-citizens more
immediately affected by the irregular proceeding at New Orleans to lose
not a moment in causing every step to be taken which the occasion
claimed from me, being equally aware of the obligation to maintain in
all cases the rights of the nation and to employ for that purpose those
just and honorable means which belong to the character of the United
States.
TH. JEFFERSON.
DECEMBER 23, 1802.
_Gentlemen of the House of Representatives_.
In pursuance of the resolution of the House of Representatives of the 3d
of May last, desiring a statement of expenditures from January 1, 1797,
by the Quartermaster-General and the navy agents, for the contingencies
of the naval and military establishments and the navy contracts for
timber and stores, I now transmit such statements from the offices of
the Secretaries of the Treasury, War, and Navy, where alone these
expenditures are entered.
TH. JEFFERSON.
DECEMBER 27, 1802.
_Gentlemen of the Senate_:
I lay before you a treaty, which has been agreed to by commissioners
duly authorized on the part of the United States and the Creek Nation
of Indians, for the extinguishment of the native title to lands in the
Talassee County, and others between the forks of Oconce and Oakmulgee
rivers, in Georgia, in pursuance of the convention with that State,
together with the documents explanatory thereof; and it is submitted
to your determination whether you will advise and consent to the
ratification thereof.
TH. JEFFERSON.
DECEMBER 27, 1802.
_Gentlemen of the Senate_:
I lay before you a treaty, which has been concluded between the State of
New York and the Oneida Indians, for the purchase of lands within that
State.
One other, between the same State and the Seneca Indians, for the
purchase of other lands within the same State.
One other, between certain individuals styled the Holland Company with
the Senecas, for the exchange of certain lands in the same State.
And one other, between Oliver Phelps, a citizen of the United States,
and the Senecas, for the exchange of lands in the same State; with
sundry explanatory papers, all of them conducted under the
superintendence of a commissioner on the part of the United States, who
reports that they have been adjusted with the fair and free consent
and understanding of the parties. It is therefore submitted to your
determination whether you will advise and consent to their respective
ratifications.
TH. JEFFERSON.
DECEMBER 27, 1802.
_Gentlemen of the Senate and of the House of Representatives_:
In my message of the 15th instant I mentioned that plans and estimates
of a dry dock for the preservation of our ships of war, prepared by a
person of skill and experience, should be laid before you without delay.
These are now transmitted, the report and estimates by duplicates; but
the plans being single only, I must request an intercommunication of
them between the Houses and their return when they shall no longer be
wanting for their consideration.
TH. JEFFERSON.
DECEMBER 30, 1802.
_Gentlemen of the House of Representatives_:
In addition to the information accompanying my message of the 22d
instant, I now transmit the copy of a letter on the same subject,
recently received.
TH. JEFFERSON.
WASHINGTON, _December 30, 1802_.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES.
SIR: Although an informal communication to the public of the substance
of the inclosed letter may be proper for quieting the public mind, yet I
refer to the consideration of the House of Representatives whether the
publication of it in form might not give dissatisfaction to the writer
and tend to discourage the freedom and confidence of communications
between the agents of the two Governments. Accept assurances of my high
consideration and respect.
TH. JEFFERSON.
NATCHEZ, _November 25, 1802_.
The Honorable the Secretary of State,
_Washington_.
SIR: I have the honor to inclose you an original copy of a communication
(together with a translation thereof) which I this morning received
from the governor-general of the Province of Louisiana in answer to my
letters of the 28th ultimo.
I am, sir, with respect and esteem, your humble servant,
WILLIAM C.C. CLAIBORNE.
[Translation.]
New Orleans, _November 15, 1802_.
His Excellency WILLIAM C.C. CLAIBORNE.
Most Excellent Sir: I received a few days past your excellency's
esteemed letter of the 28th ultimo, in which your excellency, referring
to the twenty-second article of the treaty of friendship, navigation,
and limits agreed upon between the King, my master, and the United
States of America, has been pleased to inquire, after transcribing the
literal text of said article (which you find so explicit as not to
require any comment nor to admit of dubious construction), if His
Majesty has been pleased to designate any other position on the banks
of the Mississippi, and where that is, if his royal pleasure does not
continue the permission stipulated by the said treaty which entitled the
citizens of the United States to deposit their merchandise and effects
in the port of New Orleans; and you request at the same time that, as
the affair is so interesting to the commerce of the United States and
to the welfare of its citizens, I may do you the favor to send you an
answer as early as possible. I can now assure your excellency that His
Catholic Majesty has not hitherto issued any order for suspending the
deposit, and consequently has not designated any other position on the
banks of the Mississippi for that purpose. But I must inform you, in
answer to your inquiry, that the intendant of these provinces (who
in the affairs of his own department is independent of the general
Government), at the same time that, in conformity with the royal
commands (the peace in Europe having been published since the 4th of May
last), he suspended the commerce of neutrals, also thought proper to
suspend the tacit prolongation which continued, and to put a stop to
the infinite abuses which resulted from the deposit, contrary to the
interest of the State and of the commerce of these colonies, in
consequence of the experience he acquired of the frauds which have been
committed and which it has been endeavored to excuse under the pretext
of ignorance, as is manifested by the number of causes which now await
the determination of His Majesty, as soon as they can be brought to his
royal knowledge, besides many others which have been dropt because the
individuals have absconded who introduced their properties into the
deposit and did not extract them, thus defrauding the royal interests.
It might appear on the first view that particular cases like these ought
not to operate against a general privilege granted by a solemn treaty,
and it is an incontestable principle that the happiness of nations
consists in a great measure in maintaining a good harmony and
correspondence with their neighbors by respecting their rights, by
supporting their own, without being deficient in what is required by
humanity and civil intercourse; but it is also indubitable that for a
treaty, although solemn, to be entirely valid it ought not to contain
any defect; and if it be pernicious and of an injurious tendency,
although it has been effectuated with good faith but without a knowledge
of its bad consequence, it will be necessary to undo it, because
treaties ought to be viewed like other acts of public will, in which
more attention ought to be paid to the intention than to the words in
which they are expressed; and thus it will not appear so repugnant
that the term of three years fixed by the twenty-second article being
completed without the King's having granted a prolongation, the
intendancy should not, after putting a stop to the commerce of neutrals,
take upon itself the responsibility of continuing that favor without the
express mandate of the King, a circumstance equally indispensable for
designating another place on the banks of the Mississippi.
From the foregoing I trust that you will infer that as it is the duty of
the intendant, who conducts the business of his ministry with a perfect
independence of the Government, to have informed the King of what he has
done in fulfillment of what has been expressly stipulated, it is to be
hoped that His Majesty will take the measures which are convenient to
give effect to the deposit, either in this capital, if he should not
find it prejudicial to the interests of Spain, or in the place on
the banks of the Mississippi which it may be his royal pleasure to
designate; as it ought to be confided that the justice and generosity
of the King will not refuse to afford to the American citizens all
the advantages they can desire, a measure which does not depend upon
discretion, nor can an individual chief take it upon himself. Besides
these principles on which the regulation of the intendant is founded, I
ought at the same time to inform you that I myself opposed on my part,
as far as I reasonably could, the measure of suspending the deposit,
until the reasons adduced by the intendant brought it to my view; that
as all events can not be prevented, and as with time and different
circumstances various others occur which can not be foreseen, a just
and rational interpretation is always necessary. Notwithstanding the
foregoing, the result of my own reflections, I immediately consulted on
the occasion with my captain-general, whose answer, which can not be
long delayed, will dissipate every doubt that may be raised concerning
the steps which are to be taken, By all means your excellency may live
in the firm persuasion that as there has subsisted, and does subsist,
the most perfect and constant good harmony between the King, my master,
and the United States of America, I will spare no pains to preserve it
by all the means in my power, being assured of a reciprocity of equal
good offices in observing the treaty with good faith, ever keeping it in
view that the felicity and glory of nations are deeply concerned in the
advantages of a wise and prudently conducted commerce.
I have the honor to assure your excellency of the respect and high
consideration which I profess for you; and I pray the Most High to
preserve your life many years.
I kiss your excellency's hands.
Your most affectionate servant,
MANUEL DE SALCEDO.
JANUARY 5, 1803.
_Gentlemen of the House of Representatives_:
Agreeably to the request of the House of Representatives, I now transmit
a statement of the militia of those States from which any returns have
been made to the War Office. They are, as you will perceive, but a small
proportion of the whole. I send you also the copy of a circular letter
written some time since for the purpose of obtaining returns from all
the States. Should any others in consequence of this be made during the
session of Congress, they shall be immediately communicated.
TH. JEFFERSON.
JANUARY 7, 1803.
_Gentlemen of the Senate_:
I submit for your approbation and consent a convention entered into with
the Choctaw Nation of Indians for ascertaining and marking the limits of
the territory ceded to our nation while under its former government, and
lying between the Tombigbee and Mobile rivers on the east and the
Chickasawhay River on the west.
We are now engaged in ascertaining and marking in like manner the limits
of the former cessions of the Choctaws from the river Yazoo to our
southern boundary, which will be the subject of another convention,
and we expect to obtain from the same nation a new cession of lands
of considerable extent between the Tombigbee and Alabama rivers.
These several tracts of country will compose that portion of the
Mississippi Territory which, so soon as certain individual claims are
arranged, the United States will be free to sell and settle immediately.
TH. JEFFERSON
JANUARY 11, 1803.
_Gentlemen of the Senate_:
The cession of the Spanish Province of Louisiana to France, and perhaps
of the Floridas, and the late suspension of our right of deposit at New
Orleans are events of primary interest to the United States. On both
occasions such measures were promptly taken as were thought most
likely amicably to remove the present and to prevent future causes of
inquietude. The objects of these measures were to obtain the territory
on the left bank of the Mississippi and eastward of that, if
practicable, on conditions to which the proper authorities of our
country would agree, or at least to prevent any changes which might
lessen the secure exercise of our rights. While my confidence in our
minister plenipotentiary at Paris is entire and undiminished, I still
think that these objects might be promoted by joining with him a person
sent from hence directly, carrying with him the feelings and sentiments
of the nation excited on the late occurrence, impressed by full
communications of all the views we entertain on this interesting
subject, and thus prepared to meet and to improve to an useful result
the counter propositions of the other contracting party, whatsoever form
their interests may give to them, and to secure to us the ultimate
accomplishment of our object.
I therefore nominate Robert R. Livingston to be minister plenipotentiary
and James Monroe to be minister extraordinary and plenipotentiary, with
full powers to both jointly, or to either on the death of the other, to
enter into a treaty or convention with the First Consul of France for
the purpose of enlarging and more effectually securing our rights and
interests in the river Mississippi and in the Territories eastward
thereof.
But as the possession of these provinces is still in Spain, and the
course of events may retard or prevent the cession to France being
carried into effect, to secure our object it will be expedient to
address equal powers to the Government of Spain also, to be used only
in the event of its being necessary.
I therefore nominate Charles Pinckney to be minister plenipotentiary,
and James Monroe, of Virginia, to be minister extraordinary and
plenipotentiary, with full powers to both jointly, or to either on the
death of the other, to enter into a treaty or convention with His
Catholic Majesty for the purpose of enlarging and more effectually
securing our rights and interests in the river Mississippi and in the
Territories eastward thereof.
TH. JEFFERSON.
JANUARY 11, 1803.
_Gentlemen of the Senate_:
The spoliations and irregularities committed on our commerce during
the late war by subjects of Spain or by others deemed within her
responsibility having called for attention, instructions were
accordingly given to our minister at Madrid to urge our right to just
indemnifications, and to propose a convention for adjusting them. The
Spanish Government listened to our proposition with an honorable
readiness and agreed to a convention, which I now submit for your advice
and consent. It does not go to the satisfaction of all our claims, but
the express reservation of our right to press the validity of the
residue has been made the ground of further instructions to our minister
on the subject of an additional article, which it is to be hoped will
not be without effect.
TH. JEFFERSON.
JANUARY 18, 1803.
_Gentlemen of the Senate and of the House of Representatives_:
As the continuance of the act for establishing trading houses with the
Indian tribes will be under the consideration of the Legislature at its
present session, I think it my duty to communicate the views which have
guided me in the execution of that act, in order that you may decide
on the policy of continuing it in the present or any other form, or
discontinue it altogether if that shall, on the whole, seem most for
the public good.
The Indian tribes residing within the limits of the United States
have for a considerable time been growing more and more uneasy at the
constant diminution of the territory they occupy, although effected by
their own voluntary sales, and the policy has long been gaining strength
with them of refusing absolutely all further sale on any conditions,
insomuch that at this time it hazards their friendship and excites
dangerous jealousies and perturbations in their minds to make any
overture for the purchase of the smallest portions of their land. A
very few tribes only are not yet obstinately in these dispositions. In
order peaceably to counteract this policy of theirs and to provide an
extension of territory which the rapid increase of our numbers will call
for, two measures are deemed expedient. First. To encourage them to
abandon hunting, to apply to the raising stock, to agriculture, and
domestic manufacture, and thereby prove to themselves that less land and
labor will maintain them in this better than in their former mode of
living. The extensive forests necessary in the hunting life will then
become useless, and they will see advantage in exchanging them for
the means of improving their farms and of increasing their domestic
comforts. Secondly. To multiply trading houses among them, and place
within their reach those things which will contribute more to their
domestic comfort than the possession of extensive but uncultivated
wilds. Experience and reflection will develop to them the wisdom of
exchanging what they can spare and we want for what we can spare and
they want. In leading them thus to agriculture, to manufactures, and
civilization; in bringing together their and our sentiments, and
in preparing them ultimately to participate in the benefits of our
Government, I trust and believe we are acting for their greatest good.
At these trading houses we have pursued the principles of the act of
Congress which directs that the commerce shall be carried on liberally,
and requires only that the capital stock shall not be diminished. We
consequently undersell private traders, foreign and domestic, drive them
from the competition, and thus, with the good will of the Indians, rid
ourselves of a description of men who are constantly endeavoring to
excite in the Indian mind suspicions, fears, and irritations toward us.
A letter now inclosed shows the effect of our competition on the
operations of the traders, while the Indians, perceiving the advantage
of purchasing from us, are soliciting generally our establishment
of trading houses among them. In one quarter this is particularly
interesting. The legislature, reflecting on the late occurrences on
the Mississippi, must be sensible how desirable it is to possess a
respectable breadth of country on that river, from our southern limit to
the Illinois, at least, so that we may present as firm a front on that
as on our eastern border. We possess what is below the Yazoo, and can
probably acquire a certain breadth from the Illinois and Wabash to the
Ohio; but between the Ohio and Yazoo the country all belongs to the
Chickasaws, the most friendly tribe within our limits, but the most
decided against the alienation of lands. The portion of their country
most important for us is exactly that which they do not inhabit. Their
settlements are not on the Mississippi, but in the interior country.
They have lately shown a desire to become agricultural, and this leads
to the desire of buying implements and comforts. In the strengthening
and gratifying of these wants I see the only prospect of planting on the
Mississippi itself the means of its own safety. Duty has required me to
submit these views to the judgment of the Legislature, but as their
disclosure might embarrass and defeat their effect, they are committed
to the special confidence of the two Houses.