Nor was it uninteresting to the world that an experiment should be

fairly and fully made, whether freedom of discussion, unaided by power,

is not sufficient for the propagation and protection of truth--whether

a government conducting itself in the true spirit of its constitution,

with zeal and purity, and doing no act which it would be unwilling

the whole world should witness, can be written down by falsehood and

defamation. The experiment has been tried: you have witnessed the scene;

our fellow-citizens looked on, cool and collected; they saw the latent

source from which these outrages proceeded; they gathered around their

public functionaries, and when the Constitution called them to the

decision by suffrage, they pronounced their verdict, honorable to those

who had served them and consolatory to the friend of man who believes

that he may be trusted with the control of his own affairs.

No inference is here intended that the laws provided by the States

against false and defamatory publications should not be enforced; he

who has time renders a service to public morals and public tranquillity

in reforming these abuses by the salutary coercions of the law; but

the experiment is noted to prove that, since truth and reason have

maintained their ground against false opinions in league with false

facts, the press, confined to truth, needs no other legal restraint;

the public judgment will correct false reasonings and opinions on a

full hearing of all parties; and no other definite line can be drawn

between the inestimable liberty of the press and its demoralizing

licentiousness. If there be still improprieties which this rule would

not restrain, its supplement must be sought in the censorship of public

opinion.

Contemplating the union of sentiment now manifested so generally as

auguring harmony and happiness to our future course, I offer to our

country sincere congratulations. With those, too, not yet rallied to

the same point the disposition to do so is gaining strength; facts are

piercing through the veil drawn over them, and our doubting brethren

will at length see that the mass of their fellow-citizens with whom they

can not yet resolve to act as to principles and measures, think as they

think and desire what they desire; that our wish as well as theirs is

that the public efforts may be directed honestly to the public good,

that peace be cultivated, civil and religious liberty unassailed, law

and order preserved, equality of rights maintained, and that state of

property, equal or unequal, which results to every man from his own

industry or that of his father's. When satisfied of these views it is

not in human nature that they should not approve and support them. In

the meantime let us cherish them with patient affection, let us do them

justice, and more than justice, in all competitions of interest, and we

need not doubt that truth, reason, and their own interests will at

length prevail, will gather them into the fold of their country, and

will complete that entire union of opinion which gives to a nation the

blessing of harmony and the benefit of all its strength.

I shall now enter on the duties to which my fellow-citizens have again

called me, and shall proceed in the spirit of those principles which

they have approved. I fear not that any motives of interest may lead me

astray; I am sensible of no passion which could seduce me knowingly from

the path of justice, but the weaknesses of human nature and the limits

of my own understanding will produce errors of judgment sometimes

injurious to your interests. I shall need, therefore, all the indulgence

which I have heretofore experienced from my constituents; the want of

it will certainly not lessen with increasing years. I shall need, too,

the favor of that Being in whose hands we are, who led our fathers, as

Israel of old, from their native land and planted them in a country

flowing with all the necessaries and comforts of life; who has covered

our infancy with His providence and our riper years with His wisdom and

power, and to whose goodness I ask you to join in supplications with

me that He will so enlighten the minds of your servants, guide their

councils, and prosper their measures that whatsoever they do shall

result in your good, and shall secure to you the peace, friendship,

and approbation of all nations.

MARCH 4, 1805.

FIFTH ANNUAL MESSAGE.

DECEMBER 3, 1805.

_To the Senate and House of Representatives of the United States_.

At a moment when the nations of Europe are in commotion and arming

against each other, and when those with whom we have principal

intercourse are engaged in the general contest, and when the countenance

of some of them toward our peaceable country threatens that even that

may not be unaffected by what is passing on the general theater, a

meeting of the representatives of the nation in both Houses of Congress

has become more than usually desirable. Coming from every section of our

country, they bring with them the sentiments and the information of the

whole, and will be enabled to give a direction to the public affairs

which the will and the wisdom of the whole will approve and support.

In taking a view of the state of our country we in the first place

notice the late affliction of two of our cities under the fatal fever

which in latter times has occasionally visited our shores. Providence in

His goodness gave it an early termination on this occasion and lessened

the number of victims which have usually fallen before it. In the course

of the several visitations by this disease it has appeared that it

is strictly local, incident to cities and on the tide waters only,

incommunicable in the country either by persons under the disease or by

goods carried from diseased places; that its access is with the autumn

and it disappears with the early frosts. These restrictions within

narrow limits of time and space give security even to our maritime

cities during three-fourths of the year, and to the country always.

Although from these facts it appears unnecessary, yet to satisfy the

fears of foreign nations and cautions on their part not to be complained

of in a danger whose limits are yet unknown to them I have strictly

enjoined on the officers at the head of the customs to certify with

exact truth for every vessel sailing for a foreign port the state of

health respecting this fever which prevails at the place from which she

sails. Under every motive from character and duty to certify the truth,

I have no doubt they have faithfully executed this injunction. Much real

injury has, however, been sustained from a propensity to identify with

this endemic and to call by the same name fevers of very different

kinds, which have been known at all times and in all countries, and

never have been placed among those deemed contagious. As we advance in

our knowledge of this disease, as facts develop the source from which

individuals receive it, the State authorities charged with the care of

the public health, and Congress with that of the general commerce, will

become able to regulate with effect their respective functions in these

departments. The burthen of quarantines is felt at home as well as

abroad; their efficacy merits examination. Although the health laws of

the States should be found to need no present revisal by Congress, yet

commerce claims that their attention be ever awake to them.

Since our last meeting the aspect of our foreign relations has

considerably changed. Our coasts have been infested and our harbors

watched by private armed vessels, some of them without commissions,

some with illegal commissions, others with those of legal form, but

committing piratical acts beyond the authority of their commissions.

They have captured in the very entrance of our harbors, as well as

on the high seas, not only the vessels of our friends coming to trade

with us, but our own also. They have carried them off under pretense of

legal adjudication, but not daring to approach a court of justice, they

have plundered and sunk them by the way or in obscure places where no

evidence could arise against them, maltreated the crews, and abandoned

them in boats in the open sea or on desert shores without food or

covering. These enormities appearing to be unreached by any control of

their sovereigns, I found it necessary to equip a force to cruise within

our own seas, to arrest all vessels of these descriptions found hovering

on our coasts within the limits of the Gulf Stream and to bring the

offenders in for trial as pirates.

The same system of hovering on our coasts and harbors under color of

seeking enemies has been also carried on by public armed ships to the

great annoyance and oppression of our commerce. New principles, too,

have been interpolated into the law of nations, founded neither in

justice nor the usage or acknowledgment of nations. According to these

a belligerent takes to itself a commerce with its own enemy which it

denies to a neutral on the ground of its aiding that enemy in the war;

but reason revolts at such an inconsistency, and the neutral having

equal right with the belligerent to decide the question, the interests

of our constituents and the duty of maintaining the authority of reason,

the only umpire between just nations, impose on us the obligation of

providing an effectual and determined opposition to a doctrine so

injurious to the rights of peaceable nations. Indeed, the confidence

we ought to have in the justice of others still countenances the hope

that a sounder view of those rights will of itself induce from every

belligerent a more correct observance of them.

With Spain our negotiations for a settlement of differences have not

had a satisfactory issue. Spoliations during a former war, for which

she had formally acknowledged herself responsible, have been refused

to be compensated but on conditions affecting other claims in no wise

connected with them. Yet the same practices are renewed in the present

war and are already of great amount. On the Mobile, our commerce passing

through that river continues to be obstructed by arbitrary duties and

vexatious searches. Propositions for adjusting amicably the boundaries

of Louisiana have not been acceded to. While, however, the right is

unsettled, we have avoided changing the state of things by taking new

posts or strengthening ourselves in the disputed territories, in the

hope that the other power would not by a contrary conduct oblige us to

meet their example and endanger conflicts of authority the issue of

which may not be easily controlled. But in this hope we have now reason

to lessen our confidence. Inroads have been recently made into the

Territories of Orleans and the Mississippi, our citizens have been

seized and their property plundered in the very parts of the former

which had been actually delivered up by Spain, and this by the regular

officers and soldiers of that Government. I have therefore found it

necessary at length to give orders to our troops on that frontier to be

in readiness to protect our citizens, and to repel by arms any similar

aggressions in future. Other details necessary for your full information

of the state of things between this country and that shall be the

subject of another communication.

In reviewing these injuries from some of the belligerent powers the

moderation, the firmness, and the wisdom of the Legislature will all be

called into action. We ought still to hope that time and a more correct

estimate of interest as well as of character will produce the justice

we are bound to expect. But should any nation deceive itself by false

calculations, and disappoint that expectation, we must join in the

unprofitable contest of trying which party can do the other the most

harm. Some of these injuries may perhaps admit a peaceable remedy. Where

that is competent it is always the most desirable. But some of them are

of a nature to be met by force only, and all of them may lead to it.

I can not, therefore, but recommend such preparations as circumstances

call for. The first object is to place our seaport towns out of the

danger of insult. Measures have been already taken for furnishing them

with heavy cannon for the service of such land batteries as may make a

part of their defense against armed vessels approaching them. In aid of

these it is desirable we should have a competent number of gunboats, and

the number, to be competent, must be considerable. If immediately begun,

they may be in readiness for service at the opening of the next season.

Whether it will be necessary to augment our land forces will be decided

by occurrences probably in the course of your session. In the meantime

you will consider whether it would not be expedient for a state of peace

as well as of war so to organize or class the militia as would enable

us on any sudden emergency to call for the services of the younger

portions, unencumbered with the old and those having families. Upward

of 300,000 able-bodied men between the ages of 18 and 26 years, which

the last census shews we may now count within our limits, will furnish

a competent number for offense or defense in any point where they may

be wanted, and will give time for raising regular forces after the

necessity of them shall become certain; and the reducing to the early

period of life all its active service can not but be desirable to our

younger citizens of the present as well as future times, inasmuch as it

engages to them in more advanced age a quiet and undisturbed repose in

the bosom of their families. I can not, then, but earnestly recommend

to your early consideration the expediency of so modifying our militia

system as, by a separation of the more active part from that which is

less so, we may draw from it when necessary an efficient corps fit for

real and active service, and to be called to it in regular rotation.

Considerable provision has been made under former authorities from

Congress of materials for the construction of ships of war of 74 guns.

These materials are on hand subject to the further will of the

Legislature.

An immediate prohibition of the exportation of arms and ammunition is

also submitted to your determination.

Turning from these unpleasant views of violence and wrong, I

congratulate you on the liberation of our fellow-citizens who were

stranded on the coast of Tripoli and made prisoners of war. In a

government bottomed on the will of all the life and liberty of every

individual citizen become interesting to all. In the treaty, therefore,

which has concluded our warfare with that State an article for the

ransom of our citizens has been agreed to. An operation by land by a

small band of our countrymen and others, engaged for the occasion in

conjunction with the troops of the ex-Bashaw of that country, gallantly

conducted by our late consul, Eaton, and their successful enterprise

on the city of Derne, contributed doubtless to the impression which

produced peace, and the conclusion of this prevented opportunities of

which the officers and men of our squadron destined for Tripoli would

have availed themselves to emulate the acts of valor exhibited by

their brethren in the attack of the last year. Reflecting with high

satisfaction on the distinguished bravery displayed whenever occasions

permitted in the late Mediterranean service, I think it would be an

useful encouragement as well as a just reward to make an opening for

some present promotion by enlarging our peace establishment of captains

and lieutenants.

With Tunis some misunderstandings have arisen not yet sufficiently

explained, but friendly discussions with their ambassador recently

arrived and a mutual disposition to do whatever is just and reasonable

can not fail of dissipating these, so that we may consider our peace on

that coast, generally, to be on as sound a footing as it has been at any

preceding time. Still, it will not be expedient to withdraw immediately

the whole of our force from that sea.

The law providing for a naval peace establishment fixes the number of

frigates which shall be kept in constant service in time of peace, and

prescribes that they shall be manned by not more than two-thirds of

their complement of seamen and ordinary seamen. Whether a frigate may

be trusted to two-thirds only of her proper complement of men must

depend on the nature of the service on which she is ordered; that may

sometimes, for her safety as well as to insure her object, require her

fullest complement. In adverting to this subject Congress will perhaps

consider whether the best limitation on the Executive discretion in

this case would not be by the number of seamen which may be employed in

the whole service rather than by the number of the vessels. Occasions

oftener arise for the employment of small than of large vessels, and it

would lessen risk as well as expense to be authorized to employ them of

preference. The limitation suggested by the number of seamen would admit

a selection of vessels best adapted to the service.

Our Indian neighbors are advancing, many of them with spirit, and

others beginning to engage in the pursuits of agriculture and household

manufacture. They are becoming sensible that the earth yields

subsistence with less labor and more certainty than the forest, and find

it their interest from time to time to dispose of parts of their surplus

and waste lands for the means of improving those they occupy and of

subsisting their families while they are preparing their farms. Since

your last session the Northern tribes have sold to us the lands between

the Connecticut Reserve and the former Indian boundary and those on the

Ohio from the same boundary to the rapids and for a considerable depth

inland. The Chickasaws and Cherokees have sold us the country between

and adjacent to the two districts of Tennessee, and the Creeks the

residue of their lands in the fork of Ocmulgee up to the Ulcofauhatche.

The three former purchases are important, inasmuch as they consolidate

disjoined parts of our settled country and render their intercourse

secure; and the second particularly so, as, with the small point on

the river which we expect is by this time ceded by the Piankeshaws, it

completes our possession of the whole of both banks of the Ohio from its

source to near its mouth, and the navigation of that river is thereby

rendered forever safe to our citizens settled and settling on its

extensive waters. The purchase from the Creeks, too, has been for some

time particularly interesting to the State of Georgia.

The several treaties which have been mentioned will be submitted to both

Houses of Congress for the exercise of their respective functions.

Deputations now on their way to the seat of Government from various

nations of Indians inhabiting the Missouri and other parts beyond the

Mississippi come charged with assurances of their satisfaction with the

new relations in which they are placed with us, of their dispositions

to cultivate our peace and friendship, and their desire to enter into

commercial intercourse with us. A state of our progress in exploring the

principal rivers of that country, and of the information respecting them

hitherto obtained, will be communicated so soon as we shall receive some

further relations which we have reason shortly to expect.

The receipts at the Treasury during the year ending on the 30th day of

September last have exceeded the sum of $13,000,000, which, with not

quite five millions in the Treasury at the beginning of the year, have

enabled us after meeting other demands to pay nearly two millions of the

debt contracted under the British treaty and convention, upward of four

millions of principal of the public debt, and four millions of interest.

These payments, with those which had been made in three years and a half

preceding, have extinguished of the funded debt nearly eighteen millions

of principal. Congress by their act of November 10, 1803, authorized us

to borrow $1,750,000 toward meeting the claims of our citizens assumed

by the convention with France. We have not, however, made use of this

authority, because the sum of four millions and a half, which remained

in the Treasury on the same 30th day of September last, with the

receipts which we may calculate on for the ensuing year, besides paying

the annual sum of $8,000,000 appropriated to the funded debt and meeting

all the current demands which may be expected, will enable us to pay

the whole sum of $3,750,000 assumed by the French convention and still

leave us a surplus of nearly $1,000,000 at our free disposal. Should

you concur in the provisions of arms and armed vessels recommended by

the circumstances of the times, this surplus will furnish the means of

doing so.

On this first occasion of addressing Congress since, by the choice of

my constituents, I have entered on a second term of administration, I

embrace the opportunity to give this public assurance that I will exert

my best endeavors to administer faithfully the executive department,

and will zealously cooperate with you in every measure which may

tend to secure the liberty, property, and personal safety of our

fellow-citizens, and to consolidate the republican forms and principles

of our Government.

In the course of your session you shall receive all the aid which I

can give for the dispatch of public business, and all the information

necessary for your deliberations, of which the interests of our own

country and the confidence reposed in us by others will admit a

communication.

TH. JEFFERSON.

SPECIAL MESSAGES.

DECEMBER 6, 1805.

_To the Senate and House of Representatives of the United States_:

The depredations which had 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 offense 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.

A Compilation of the Messages and Papers of the Presidents. Volume 1, part 3: Thomas Jefferson · 第 7 / 16 段