Part 10

The rights of a neutral to carry on commercial intercourse with every part of the dominions of a belligerent permitted by the laws of the country (with the exception of blockaded ports and contraband of war) was believed to have been decided between Great Britain and the United States by the sentence of their commissioners mutually appointed to decide on that and other questions of difference between the two nations, and by the actual payment of the damages awarded by them against Great Britain for the infractions of that right. When, therefore, it was perceived that the same principle was revived with others more novel and extending the injury, instructions were given to the minister plenipotentiary of the United States at the Court of London, and remonstrances duly made by him on this subject, as will appear by documents transmitted herewith. These were followed by a partial and temporary suspension only, without any disavowal of the principle. He has therefore been instructed to urge this subject anew, to bring it more fully to the bar of reason, and to insist on rights too evident and too important to be surrendered. In the meantime the evil is proceeding under adjudications founded on the principle which is denied. Under these circumstances the subject presents itself for the consideration of Congress.

On the impressment of our seamen our remonstrances have never been intermitted. A hope existed at one moment of an arrangement which might have been submitted to, but it soon passed away, and the practice, though relaxed at times in the distant seas, has been constantly pursued in those in our neighborhood. The grounds on which the reclamations on this subject have been urged will appear in an extract from instructions to our minister at London now communicated.

TH. JEFFERSON.

JANUARY 17, 1806

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

The inclosed letter from the minister plenipotentiary of the United States at the Court of London contains interesting information on the subjects of my other message of this date. It is sent separately and confidentially because its publication may discourage frank communications between our ministers generally and the Governments with which they reside, and especially between the same ministers.

TH. JEFFERSON.

JANUARY 24, 1806.

_To the Senate of the United States_:

A convention has been entered into between the United States and the Cherokee Nation for the extinguishment of the rights of the latter, and of some unsettled claims in the country north of the river Tennessee, therein described. This convention is now laid before the Senate for their advice and consent as to its ratification.

TH. JEFFERSON.

JANUARY 27, 1806.

_To the Senate of the United States_:

According to the desire of the Senate expressed in their resolution of the 10th instant, I now communicate to them a report of the Secretary of State, with its documents, stating certain new principles attempted to be introduced on the subject of neutral rights, injurious to the rights and interests of the United States. These, with my message to both Houses of the 17th instant and the documents accompanying it, fulfill the desires of the Senate as far as it can be done by any information in my possession which is authentic and not publicly known.

TH. JEFFERSON.

JANUARY 29, 1806.

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

Having received from sundry merchants at Baltimore a memorial on the same subject with those I communicated to Congress with my message of the 17th instant, I now communicate this also as a proper sequel to the former, and as making a part of the mass of evidence of the violations of our rights on the ocean.

TH. JEFFERSON.

FEBRUARY 3, 1806.

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

A letter has been received from the governor of South Carolina covering an act of the legislature of that State ceding to the United States various forts and fortifications and sites for the erection of forts in that State on the conditions therein expressed. This letter and the act it covered are now communicated to Congress.

I am not informed whether the positions ceded are the best which can be taken for securing their respective objects. No doubt is entertained that the legislature deemed them such. The river of Beaufort, particularly, said to be accessible to ships of very large size and capable of yielding them a protection which they can not find elsewhere but very far to the north, is from these circumstances so interesting to the Union in general as to merit particular attention and inquiry as to the positions on it best calculated for health as well as safety.

TH. JEFFERSON.

FEBRUARY 3, 1806.

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

In the course of the last year the following treaties and conventions for the extinguishment of Indian title to lands within our limits were entered into on behalf of the United States:

A treaty between the United States and the Wyandot, Ottawa, Chippeway, Munsee and Delaware, Shawanee and Pottawatamy nations of Indians.

A treaty between the United States and the agents of the Connecticut Land Company on one part and the Wyandot and Ottawa, Chippeway, Munsey and Delaware, Shawanee and Pottawatamy nations of Indians.

A treaty between the United States and the Delawares, Pottawatamies, Miamis, Eel-rivers, and Weas.

A treaty between the United States and the Chickasaw Nation of Indians.

Two treaties between the United States and the Cherokee Indians.

A convention between the United States and the Creek Nation of Indians.

The Senate having advised and consented to the ratification of these several treaties and conventions, I now lay them before both Houses of Congress for the exercise of their constitutional powers as to the means of fulfilling them.

TH. JEFFERSON.

FEBRUARY 6, 1806.

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

Since the date of my message of January 17 a letter of the 26th of November has been received from the minister plenipotentiary of the United States at London, covering one from the secretary for foreign affairs of that Government, which, being on the subject of that message, is now transmitted for the information of Congress. Although nothing forbids the substance of these letters from being communicated without reserve, yet so many ill effects proceed from the publications of correspondences between ministers remaining still in office that I can not but recommend that these letters be not permitted to be formally published.

TH; JEFFERSON.

FEBRUARY 19, 1806.

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

In pursuance of a measure proposed to Congress by a message of January 18, 1803, and sanctioned by their approbation for carrying it into execution, Captain Meriwether Lewis, of the First Regiment of infantry, was appointed, with a party of men, to explore the river Missouri from its mouth to its source, and, crossing the highlands by the shortest portage, to seek the best water communication thence to the Pacific Ocean; and Lieutenant Clarke was appointed second in command. They were to enter into conference with the Indian nations on their route with a view to the establishment of commerce with them. They entered the Missouri May 14, 1804, and on the 1st of November took up their winter quarters near the Mandan towns, 1,609 miles above the mouth of the river, in latitude 47° 21' 47" north and longitude 99° 24' 45" west from Greenwich. On the 8th of April, 1805, they proceeded up the river in pursuance of the objects prescribed to them. A letter of the preceding day, April 7th, from Captain Lewis is herewith communicated. During his stay among the Mandans he had been able to lay down the Missouri according to courses and distances taken on his passage up it, corrected by frequent observations of longitude and latitude, and to add to the actual survey of this portion of the river a general map of the country between the Mississippi and Pacific from the thirty-fourth to the fifty-fourth degree of latitude. These additions are from information collected from Indians with whom he had opportunities of communicating during his journey and residence with them. Copies of this map are now presented to both Houses of Congress. With these I communicate also a statistical view, procured and forwarded by him, of the Indian nations inhabiting the Territory of Louisiana and the countries adjacent to its northern and western borders, of their commerce, and of other interesting circumstances respecting them.

In order to render the statement as complete as may be of the Indians inhabiting the country west of the Mississippi, I add Dr. Sibley's account of those residing in and adjacent to the Territory of Orleans.

I communicate also, from the same person, an account of the Red River, according to the best information he had been able to collect.

Having been disappointed, after considerable preparation, in the purpose of sending an exploring party up that river in the summer of 1804, it was thought best to employ the autumn of that year in procuring a knowledge of an interesting branch of the river called the Washita.

This was undertaken under the direction of Mr. Dunbar, of Natchez, a citizen of distinguished science, who had aided and continues to aid us with his disinterested and valuable services in the prosecution of these enterprises. He ascended the river to the remarkable hot springs near it, in latitude 34° 31' 4.16", longitude 92° 50' 45" west from Greenwich, taking its courses and distances, and correcting them by frequent celestial observations. Extracts from his observations and copies of his map of the river from its mouth to the hot springs make part of the present communications. The examination of the Red River itself is but now commencing.

TH. JEFFERSON.

MARCH 5, 1806.

_To the Senate of the United States_:

According to the request of the Senate expressed in their resolution of 3d instant, I now transmit the extract of a letter from the Secretary of State to the minister plenipotentiary of the United States at Paris, the answer to that letter, and two letters from Henry Waddell, a citizen of the United States, relative to the interference of the said minister in the case of the ship _New Jersey_ and to the principles alleged to have been laid down on that occasion.

There are in the office of the Department of State several printed documents in this case by the agent of those interested in the ship, which are voluminous and in French. If these be within the scope of the request of the Senate, the printed copies can be sent in immediately, but if translations be necessary some considerable time will be requisite for their execution. On this subject any further desire which the Senate shall think proper to express shall be complied with.

TH. JEFFERSON.

MARCH 7, 1806.

_To the Senate of the United States_:

According to the request of the Senate of yesterday, I now transmit the five printed memorials of the agent for the ship _New Jersey_, in the one of which marked B, at the ninth page, will be found the letter relative to it from the minister plenipotentiary of the United States at Paris to the French minister of the treasury, supposed to be the one designated in the resolution. We have no information of this letter but through the channel of the party interested in the ship, nor any proof of it more authentic than that now communicated.

TH. JEFFERSON.

MARCH 19, 1806.

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

It was reasonably expected that while the limits between the territories of the United States and of Spain were unsettled neither party would have innovated on the existing state of their respective positions. Some time since, however, we learnt that the Spanish authorities were advancing into the disputed country to occupy new posts and make new settlements. Unwilling to take any measures which might preclude a peaceable accommodation of differences, the officers of the United States were ordered to confine themselves within the country on this side of the Sabine River which, by delivery of its principal post, Natchitoches, was understood to have been itself delivered up by Spain, and at the same time to permit no adverse post to be taken nor armed men to remain within it. In consequence of these orders the commanding officer of Natchitoches, learning that a party of Spanish troops had crossed the Sabine River and were posting themselves on this side the Adais, sent a detachment of his force to require them to withdraw to the other side of the Sabine, which they accordingly did.

I have thought it proper to communicate to Congress the letter detailing this incident, that they may fully understand the state of things in that quarter and be enabled to make such provision for its security as, in their wisdom, they shall deem sufficient.

TH. JEFFERSON.

APRIL 11, 1806.

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

I now lay before Congress a statement of the militia of the United States according to the returns last received from the several States and Territories. It will be perceived that some of these are not of recent dates, and that from the States of Maryland and Delaware no returns are stated. As far as appears from our records, none were ever rendered from either of these States. From the Territories of Orleans, Louisiana, and Michigan complete returns have not yet been received.

TH. JEFFERSON.

APRIL 14, 1806.

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

During the blockade of Tripoli by the squadron of the United States a small cruiser, under the flag of Tunis, with two prizes, all of trifling value, attempted to enter Tripoli; was turned back, warned, and, attempting again to enter, was taken and detained as prize by the squadron. Her restitution was claimed by the Bey of Tunis with a threat of war in terms so serious that on withdrawing from the blockade of Tripoli the commanding officer of the squadron thought it his duty to repair to Tunis with his squadron and to require a categorical declaration whether peace or war was intended. The Bey preferred explaining himself by an ambassador to the United States, who on his arrival renewed the request that the vessel and her prizes should be restored. It was deemed proper to give this proof of friendship to the Bey, and the ambassador was informed the vessels would be restored. Afterwards he made a requisition of naval stores to be sent to the Bey, in order to secure a peace for the term of three years, with a threat of war if refused. It has been refused, and the ambassador is about to depart without receding from his threat or demand.

Under these circumstances, and considering that the several provisions of the act of March 25, 1804, will cease in consequence of the ratification of the treaty of peace with Tripoli, now advised and consented to by the Senate, I have thought it my duty to communicate these facts, in order that Congress may consider the expediency of continuing the same provisions for a limited time or making others equivalent.

TH. JEFFERSON.

APRIL 15, 1806.

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

The Senate having advised and consented to the ratification of a treaty concluded with the Piankeshaw Indians for extinguishing their claim to the country between the Wabash and Kaskaskia cessions, it is now laid before both Houses for the exercise of their constitutional powers as to the means of fulfilling it on our part.

TH. JEFFERSON.

APRIL 17, 1806.

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

The Senate having advised and consented to the ratification of a convention between the United States and the Cherokee Indians, concluded at Washington on the 7th day of January last, for the cession of their right to the tract of country therein described, it is now laid before both Houses of Congress for the exercise of their constitutional powers toward the fulfillment thereof.

TH. JEFFERSON.

APRIL 18, 1806.

_To the Senate of the United States_:

In compliance with the request of the Senate of yesterday's date, I now communicate the entire correspondence between the ambassador of Tunis and the Secretary of State, from which the Senate will see that the first application by the ambassador for restitution of the vessels taken in violation of blockade having been yielded to, the only remaining cause of difference brought forward by him is the requisition of a present of naval stores to secure a peace for three years, after which the inference is obvious that a renewal of the presents is to be expected to renew the prolongation of peace for another term. But this demand has been pressed in verbal conferences much more explicitly and pertinaciously than appears in the written correspondence. To save the delay of copying, some originals are inclosed, with a request that they be returned.

TH. JEFFERSON.

APRIL 19, 1806.

_To the Senate of the United States_:

I nominate James Monroe, now minister plenipotentiary of the United States at the Court of London, and William Pinkney, of Maryland, to be commissioners plenipotentiary and extraordinary for settling all matters of difference between the United States and the United Kingdoms of Great Britain and Ireland relative to wrongs committed between the parties on the high seas or other waters, and for establishing the principles of navigation and commerce between them.

James Houston, of Maryland, to be judge of the court of the United States for the district of Maryland.

Willis W. Parker, of Virginia, to be collector of the district and inspector of the revenue for the port of South Quay.

TH. JEFFERSON.

PROCLAMATIONS.

[From Annals of Congress, Ninth Congress, second session, 685.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas satisfactory information has been received that Henry Whitby, commanding a British armed vessel called the _Leander_, did on the 25th day of the month of April last, within the waters and jurisdiction of the United States, and near to the entrance of the harbor of New York, by a cannon shot fired from the said vessel _Leander_, commit a murder on the body of John Pierce, a citizen of the United States, then pursuing his lawful vocation within the same waters and jurisdiction of the United States and near to their shores; and that the said Henry Whitby can not at this time be brought to justice by the ordinary process of law; and

Whereas it does further appear that both before and after the said day sundry trespasses, wrongs, and unlawful interruptions and vexations on trading vessels coming to the United States, and within their waters and vicinity, were committed by the said armed vessel the _Leander_, her officers and people; by one other armed vessel called the _Cambrian_, commanded by John Nairne, her officers and people; and by one other armed vessel called the _Driver_, commanded by Slingsby Simpson, her officers and people; which vessels, being all of the same nation, were aiding and assisting each other in the trespasses, interruptions, and vexations aforesaid:

Now, therefore, to the end that the said Henry Whitby may be brought to justice and due punishment inflicted for the said murder, I do hereby especially enjoin and require all officers having authority, civil or military, and all other persons within the limits or jurisdiction of the United States, wheresoever the said Henry Whitby may be found, now or hereafter, to apprehend and secure the said Henry Whitby, and him safely and diligently to deliver to the civil authority of the place, to be proceeded against according to law.

And I do hereby further require that the said armed vessel the _Leander_, with her officers and people, and the said armed vessels the _Cambrian_ and _Driver_, their officers and people, immediately and without any delay depart from the harbors and wraters of the United States. And I do forever interdict the entrance of all other vessels which shall be commanded by the said Henry Whitby, John Nairne, and Slingsby Simpson, or either of them.

And if the said vessels, or any of them, shall fail to depart as aforesaid, or shall reenter the harbors or waters aforesaid, I do in that case forbid all intercourse with the said armed vessels the _Leander_, the _Cambrian_, and the _Driver_, or with any of them, and the officers and crews thereof, and do prohibit all supplies and aid from being furnished them, or any of them. And I do declare and make known that if any person from or within the jurisdictional limits of the United States shall afford any aid to either of the said armed vessels contrary to the prohibition contained in this proclamation, either in repairing such vessel or in furnishing her, her officers or crew, with supplies of any kind or in any manner whatever; or if any pilot shall assist in navigating any of the said armed vessels, unless it be for the purpose of carrying them in the first instance beyond the limits and jurisdiction of the United States, such person or persons shall on conviction suffer all the pains and penalties by the laws provided for such offenses. And I do hereby enjoin and require all persons bearing office, civil or military, within the United States, and all others citizens or inhabitants thereof, or being within the same, with vigilance and promptitude to exert their respective authorities and to be aiding and assisting to the carrying this proclamation and every part thereof into full effect.

[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.

Given at the city of Washington, the 3d day of May, A.D. 1806, and of the Sovereignty and Independence of the United States the thirtieth.

TH. JEFFERSON.

By the President: JAMES MADISON, _Secretary of State_.

[From Annals of Congress, Ninth Congress, second session, 686.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas information has been received that sundry persons, citizens of the United States or residents within the same, are conspiring and confederating together to begin and set on foot, provide, and prepare the means for a military expedition or enterprise against the dominions of Spain; that for this purpose they are fitting out and arming vessels in the western waters of the United States, collecting provisions, arms, military stores, and means; are deceiving and seducing honest and well-meaning citizens, under various pretenses, to engage in their criminal enterprises; are organizing, officering, and arming themselves for the same, contrary to the laws in such cases made and provided: