Done at the city of Washington, the 30th day of July, A.D. 1807, and in

the thirty-second year of the Independence of the United States.

TH. JEFFERSON.

By the President:

JAMES MADISON,

_Secretary of State_.

[From the National Intelligencer, October 19, 1807.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas information has been received that a number of individuals who

have deserted from the Army of the United States and sought shelter

without the jurisdiction thereof have become sensible of their offense

and are desirous of returning to their duty, a full pardon is hereby

proclaimed to each and all of such individuals as shall within four

months from the date hereof surrender themselves to the commanding

officer of any military post within the United States or the Territories

thereof.

[SEAL.]

In testimony whereof I have caused the seal of the United States to be

affixed to these presents, and signed the same with my hand.

Done at the city of Washington, the 15th day of October, A.D. 1807, and

of the Independence of the United States of America the thirty-second.

TH. JEFFERSON.

By the President:

JAMES MADISON,

_Secretary of State_.

SEVENTH ANNUAL MESSAGE.

OCTOBER 27, 1807.

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

Circumstances, fellow-citizens, which seriously threatened the peace

of our country have made it a duty to convene you at an earlier period

than usual. The love of peace so much cherished in the bosoms of our

citizens, which has so long guided the proceedings of their public

councils and induced forbearance under so many wrongs, may not insure

our continuance in the quiet pursuits of industry. The many injuries

and depredations committed on our commerce and navigation upon the high

seas for years past, the successive innovations on those principles

of public law which have been established by the reason and usage of

nations as the rule of their intercourse and the umpire and security

of their rights and peace, and all the circumstances which induced

the extraordinary mission to London are already known to you. The

instructions given to our ministers were framed in the sincerest spirit

of amity and moderation. They accordingly proceeded, in conformity

therewith, to propose arrangements which might embrace and settle all

the points in difference between us, which might bring us to a mutual

understanding on our neutral and national rights and provide for a

commercial intercourse on conditions of some equality. After long and

fruitless endeavors to effect the purposes of their mission and to

obtain arrangements within the limits of their instructions, they

concluded to sign such as could be obtained and to send them for

consideration, candidly declaring to the other negotiators at the same

time that they were acting against their instructions, and that their

Government, therefore, could not be pledged for ratification. Some

of the articles proposed might have been admitted on a principle

of compromise, but others were too highly disadvantageous, and no

sufficient provision was made against the principal source of the

irritations and collisions which were constantly endangering the peace

of the two nations. The question, therefore, whether a treaty should

be accepted in that form could have admitted but of one decision, even

had no declarations of the other party impaired our confidence in it.

Still anxious not to close the door against friendly adjustment, new

modifications were framed and further concessions authorized than could

before have been supposed necessary; and our ministers were instructed

to resume their negotiations on these grounds. On this new reference to

amicable discussion we were reposing in confidence, when on the 22d day

of June last by a formal order from a British admiral the frigate

_Chesapeake_, leaving her port for a distant service, was attacked

by one of those vessels which had been lying in our harbors under the

indulgences of hospitality, was disabled from proceeding, had several

of her crew killed and four taken away. On this outrage no commentaries

are necessary. Its character has been pronounced by the indignant voice

of our citizens with an emphasis and unanimity never exceeded. I

immediately, by proclamation, interdicted our harbors and waters to all

British armed vessels, forbade intercourse with them, and uncertain how

far hostilities were intended, and the town of Norfolk, indeed, being

threatened with immediate attack, a sufficient force was ordered for

the protection of that place, and such other preparations commenced and

pursued as the prospect rendered proper. An armed vessel of the United

States was dispatched with instructions to our ministers at London to

call on that Government for the satisfaction and security required by

the outrage. A very short interval ought now to bring the answer, which

shall be communicated to you as soon as received; then also, or as soon

after as the public interests shall be found to admit, the unratified

treaty and proceedings relative to it shall be made known to you.

The aggression thus begun has been continued on the part of the British

commanders by remaining within our waters in defiance of the authority

of the country, by habitual violations of its jurisdiction, and at

length by putting to death one of the persons whom they had forcibly

taken from on board the _Chesapeake_. These aggravations necessarily

lead to the policy either of never admitting an armed vessel into our

harbors or of maintaining in every harbor such an armed force as may

constrain obedience to the laws and protect the lives and property

of our citizens against their armed guests; but the expense of such

a standing force and its inconsistence with our principles dispense

with those courtesies which would necessarily call for it, and leave

us equally free to exclude the navy, as we are the army, of a foreign

power from entering our limits.

To former violations of maritime rights another is now added of very

extensive effect. The Government of that nation has issued an order

interdicting all trade by neutrals between ports not in amity with

them; and being now at war with nearly every nation on the Atlantic and

Mediterranean seas, our vessels are required to sacrifice their cargoes

at the first port they touch or to return home without the benefit of

going to any other market. Under this new law of the ocean our trade

on the Mediterranean has been swept away by seizures and condemnations,

and that in other seas is threatened with the same fate.

Our differences with Spain remain still unsettled, no measure having

been taken on her part since my last communications to Congress to

bring them to a close. But under a state of things which may favor

reconsideration they have been recently pressed, and an expectation is

entertained that they may now soon be brought to an issue of some sort.

With their subjects on our borders no new collisions have taken place

nor seem immediately to be apprehended. To our former grounds of

complaint has been added a very serious one, as you will see by the

decree a copy of which is now communicated. Whether this decree, which

professes to be conformable to that of the French Government of November

21, 1806, heretofore communicated to Congress, will also be conformed

to that in its construction and application in relation to the United

States had not been ascertained at the date of our last communications.

These, however, gave reason to expect such a conformity.

With the other nations of Europe our harmony has been uninterrupted,

and commerce and friendly intercourse have been maintained on their

usual footing.

Our peace with the several states on the coast of Barbary appears as

firm as at any former period and as likely to continue as that of any

other nation.

Among our Indian neighbors in the northwestern quarter some fermentation

was observed soon after the late occurrences, threatening the

continuance of our peace. Messages were said to be interchanged and

tokens to be passing, which usually denote a state of restlessness among

them, and the character of the agitators pointed to the sources of

excitement. Measures were immediately taken for providing against that

danger; instructions were given to require explanations, and, with

assurances of our continued friendship, to admonish the tribes to remain

quiet at home, taking no part in quarrels not belonging to them. As

far as we are yet informed, the tribes in our vicinity, who are most

advanced in the pursuits of industry, are sincerely disposed to adhere

to their friendship with us and to their peace with all others, while

those more remote do not present appearances sufficiently quiet to

justify the intermission of military precaution on our part.

The great tribes on our southwestern quarter, much advanced beyond

the others in agriculture and household arts, appear tranquil and

identifying their views with ours in proportion to their advancement.

With the whole of these people, in every quarter, I shall continue to

inculcate peace and friendship with all their neighbors and perseverance

in those occupations and pursuits which will best promote their own

well-being.

The appropriations of the last session for the defense of our seaport

towns and harbors were made under expectation that a continuance of

our peace would permit us to proceed in that work according to our

convenience. It has been thought better to apply the sums then given

toward the defense of New York, Charleston, and New Orleans chiefly, as

most open and most likely first to need protection, and to leave places

less immediately in danger to the provisions of the present session.

The gunboats, too, already provided have on a like principle been

chiefly assigned to New York, New Orleans, and the Chesapeake. Whether

our movable force on the water, so material in aid of the defensive

works on the land, should be augmented in this or any other form is

left to the wisdom of the Legislature. For the purpose of manning

these vessels in sudden attacks on our harbors it is a matter for

consideration whether the seamen of the United States may not justly

be formed into a special militia, to be called on for tours of duty

in defense of the harbors where they shall happen to be, the ordinary

militia of the place furnishing that portion which may consist of

landsmen.

The moment our peace was threatened I deemed it indispensable to secure

a greater provision of those articles of military stores with which our

magazines were not sufficiently furnished. To have awaited a previous

and special sanction by law would have lost occasions which might not

be retrieved. I did not hesitate, therefore, to authorize engagements

for such supplements to our existing stock as would render it adequate

to the emergencies threatening us, and I trust that the Legislature,

feeling the same anxiety for the safety of our country, so materially

advanced by this precaution, will approve, when done, what they would

have seen so important to be done if then assembled. Expenses, also

unprovided for, arose out of the necessity of calling all our gunboats

into actual service for the defense of our harbors; of all which

accounts will be laid before you.

Whether a regular army is to be raised, and to what extent, must depend

on the information so shortly expected. In the meantime I have called

on the States for quotas of militia, to be in readiness for present

defense, and have, moreover, encouraged the acceptance of volunteers;

and I am happy to inform you that these have offered themselves with

great alacrity in every part of the Union. They are ordered to be

organized and ready at a moment's warning to proceed on any service to

which they may be called, and every preparation within the Executive

powers has been made to insure us the benefit of early exertions.

I informed Congress at their last session of the enterprises against the

public peace which were believed to be in preparation by Aaron Burr and

his associates, of the measures taken to defeat them and to bring the

offenders to justice. Their enterprises were happily defeated by the

patriotic exertions of the militia whenever called into action, by the

fidelity of the Army, and energy of the commander in chief in promptly

arranging the difficulties presenting themselves on the Sabine,

repairing to meet those arising on the Mississippi, and dissipating

before their explosion plots engendering there. I shall think it my duty

to lay before you the proceedings and the evidence publicly exhibited on

the arraignment of the principal offenders before the circuit court of

Virginia. You will be enabled to judge whether the defect was in the

testimony, in the law, or in the administration of the law; and wherever

it shall be found, the Legislature alone can apply or originate the

remedy. The framers of our Constitution certainly supposed they had

guarded as well their Government against destruction by treason as their

citizens against oppression under pretense of it, and if these ends are

not attained it is of importance to inquire by what means more effectual

they may be secured.

The accounts of the receipts of revenue during the year ending on the

30th day of September last being not yet made up, a correct statement

will be hereafter transmitted from the Treasury. In the meantime, it is

ascertained that the receipts have amounted to near $16,000,000, which,

with the five millions and a half in the Treasury at the beginning

of the year, have enabled us, after meeting the current demands and

interest incurred, to pay more than four millions of the principal of

our funded debt. These payments, with those of the preceding five and a

half years, have extinguished of the funded debt $25,500,000, being the

whole which could be paid or purchased within the limits of the law and

of our contracts, and have left us in the Treasury $8,500,000. A portion

of this sum may be considered as a commencement of accumulation of the

surpluses of revenue which, after paying the installments of debt as

they shall become payable, will remain without any specific object. It

may partly, indeed, be applied toward completing the defense of the

exposed points of our country, on such a scale as shall be adapted to

our principles and circumstances. This object is doubtless among the

first entitled to attention in such a state of our finances, and it is

one which, whether we have peace or war, will provide security where it

is due. Whether what shall remain of this, with the future surpluses,

may be usefully applied to purposes already authorized or more usefully

to others requiring new authorities, or how otherwise they shall be

disposed of, are questions calling for the notice of Congress, unless,

indeed, they shall be superseded by a change in our public relations now

awaiting the determination of others. Whatever be that determination, it

is a great consolation that it will become known at a moment when the

supreme council of the nation is assembled at its post, and ready to

give the aids of its wisdom and authority to whatever course the good

of our country shall then call us to pursue.

Matters of minor importance will be the subjects of future

communications, and nothing shall be wanting on my part which may give

information or dispatch to the proceedings of the Legislature in the

exercise of their high duties, and at a moment so interesting to the

public welfare.

TH. JEFFERSON.

SPECIAL MESSAGES.

NOVEMBER 11, 1807.

_To the Senate of the United States_:

Some time had elapsed after the receipt of the late treaty between

the United States and Tripoli before the circumstance drew particular

attention that, although by the third article the wife and children of

the ex-Bashaw were to be restored to him, this did not appear either

to have been done or demanded; still, it was constantly expected that

explanations on the subject would be received. None, however, having

arrived when Mr. Davis went as consul to Tripoli, he was instructed to

demand the execution of the article. He did so, but was answered by the

exhibition of a declaration, signed by our negotiator the day after the

signature of the treaty, allowing four years for the restoration of the

family. This declaration and the letter of Mr. Davis stating what passed

on the occasion are now communicated to the Senate. On the receipt of

this letter I caused the correspondence of Mr. Lear to be diligently

reexamined in order to ascertain whether there might have been a

communication of this paper made and overlooked or forgotten. None such,

however, is found. There appears only in a journalized account of the

transaction by Mr. Lear, under date of June 3, a passage intimating that

he should be disposed to give time rather than suffer the business to be

broken off and our countrymen left in slavery; and again, that on the

return of the person who passed between himself and the Bashaw, and

information that the Bashaw would require time for the delivery of the

family, he consented, and went ashore to consummate the treaty. This was

done the next day, and being forwarded to us as ultimately signed, and

found to contain no allowance of time nor any intimation that there was

any stipulation but what was in the public treaty, it was supposed that

the Bashaw had, in fine, abandoned the proposition, and the instructions

before mentioned were consequently given to Mr. Davis.

An extract of so much of Mr. Lear's communication as relates to this

circumstance is now transmitted to the Senate, the whole of the papers

having been laid before them on a former occasion. How it has happened

that the declaration of June 5 has never before come to our knowledge

can not with certainty be said, but whether there has been a miscarriage

of it or a failure of the ordinary attention and correctness of that

officer in making his communications, I have thought it due to the

Senate as well as to myself to explain to them the circumstances

which have withheld from their knowledge, as they did from my own,

a modification which, had it been placed in the public treaty, would

have been relieved from the objections which candor and good faith can

not but feel in its present form.

As the restoration of the family has probably been effected, a just

regard to the character of the United States will require that I make

to the Bashaw a candid statement of facts, and that the sacrifices of

his right to the peace and friendship of the two countries, by yielding

finally to the demand of Mr. Davis, be met by proper acknowledgments and

reparation on our part.

TH. JEFFERSON.

NOVEMBER 19, 1807.

_To the House of Representatives of the United States_:

According to the request expressed in your resolution of the 18th

instant, I now transmit a copy of my proclamation interdicting our

harbors and waters to British armed vessels and forbidding intercourse

with them, referred to in my message of the 27th of October last.

TH. JEFFERSON.

NOVEMBER 23, 1807.

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

Agreeably to the assurance given in my message at the opening of

the present session of Congress, I now lay before you a copy of the

proceedings and of the evidence exhibited on the arraignment of Aaron

Burr and others before the circuit court of the United States held in

Virginia in the course of the present year, in as authentic form as

their several parts have admitted.

TH. JEFFERSON.

NOVEMBER 23, 1807.

_To the Senate of the United States_:

Some circumstance, which can not now be ascertained, induced a belief

that an act had passed at the last session of Congress for establishing

a surveyor and inspector of revenue for the port of Stonington, in

Connecticut, and commissions were signed appointing Jonathan Palmer,

of Connecticut, to those offices. The error was discovered at the

Treasury, and the commissions were retained; but not having been

notified to me, I renewed the nomination in my message of the 9th

instant to the Senate. In order to correct the error, I have canceled

the temporary commissions, and now revoke the nomination which I made

of the said Jonathan Palmer to the Senate.

TH. JEFFERSON.

DECEMBER 2, 1807.

_To the Senate of the United States_:

In compliance with the request made in the resolution of the Senate

of November 30, I must inform them that when the prosecutions against

Aaron Burr and his associates were instituted I delivered to the

Attorney-General all the evidence on the subject, formal and informal,

which I had received, to be used by those employed in the prosecutions.

On the receipt of the resolution of the Senate I referred it to the

Attorney-General, with a request that he would enable me to comply with

it by putting into my hands such of the papers as might give information

relative to the conduct of John Smith, a Senator from the State of Ohio,

as an alleged associate of Aaron Burr, and having this moment received

from him the affidavit of Elias Glover, with an assurance that it is the

only paper in his possession which is within the term of the request of

the Senate, I now transmit it for their use.

TH. JEFFERSON.

DECEMBER 7, 1807.

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

Having recently received from our late minister plenipotentiary at

the Court of London a duplicate of dispatches, the original of which

has been sent by the _Revenge_ schooner, not yet arrived, I hasten

to lay them before both Houses of Congress. They contain the whole

of what has passed between the two Governments on the subject of

the outrage committed by the British ship _Leopard_ on the frigate

_Chesapeake_. Congress will learn from these papers the present

state of the discussion on that transaction, and that it is to be

transferred to this place by the mission of a special minister.

While this information will have its proper effect on their

deliberations and proceedings respecting the relations between the two

countries, they will be sensible that, the negotiation being still

depending, it is proper for me to request that the communications may

be considered as confidential.

TH. JEFFERSON.

DECEMBER 18, 1807.

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

The communications now made, shewing the great and increasing dangers

with which our vessels, our seamen, and merchandise are threatened

on the high seas and elsewhere from the belligerent powers of Europe,

and it being of the greatest importance to keep in safety these

essential resources, I deem it my duty to recommend the subject to

the consideration of Congress, who will doubtless perceive all the

advantages which may be expected from an inhibition of the departure

of our vessels from the ports of the United States.

Their wisdom will also see the necessity of making every preparation

for whatever events may grow out of the present crisis.

TH. JEFFERSON.

DECEMBER 30, 1807.

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

I communicate to Congress the inclosed letters from Governor Hull,

respecting the Indians in the vicinity of Detroit residing within our

lines. They contain information of the state of things in that quarter

which will properly enter into their view in estimating the means to

be provided for the defense of our country generally.

TH. JEFFERSON.

JANUARY 8, 1808.

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

I now render to Congress the account of the fund established for

defraying the contingent expenses of Government for the year 1807.

Of the sum of $18,012.50, which remained unexpended at the close

of the year 1806, $8,731.11 have been placed in the hands of the

Attorney-General of the United States, to enable him to defray sundry

expenses incident to the prosecution of Aaron Burr and his accomplices

for treasons and misdemeanors alleged to have been committed by them,

and the unexpended balance of $9,275.39 is now carried according to

law to the credit of the surplus fund.

TH. JEFFERSON.

JANUARY 15, 1808.

_To the Senate of the United States_:

A Compilation of the Messages and Papers of the Presidents. Volume 1, part 3: Thomas Jefferson · 第 12 / 16 段