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_: