Part 6

We have seen with sincere concern the flames of war lighted up again in Europe, and nations with which we have the most friendly and useful relations engaged in mutual destruction. While we regret the miseries in which we see others involved, let us bow with gratitude to that kind Providence which, inspiring with wisdom and moderation our late legislative councils while placed under the urgency of the greatest wrongs, guarded us from hastily entering into the sanguinary contest and left us only to look on and to pity its ravages. These will be heaviest on those immediately engaged. Yet the nations pursuing peace will not be exempt from all evil. In the course of this conflict let it be our endeavor, as it is our interest and desire, to cultivate the friendship of the belligerent nations by every act of justice and of innocent kindness; to receive their armed vessels with hospitality from the distresses of the sea, but to administer the means of annoyance to none; to establish in our harbors such a police as may maintain law and order; to restrain our citizens from embarking individually in a war in which their country takes no part; to punish severely those persons, citizen or alien, who shall usurp the cover of our flag for vessels not entitled to it, infecting thereby with suspicion those of real Americans and committing us into controversies for the redress of wrongs not our own; to exact from every nation the observance toward our vessels and citizens of those principles and practices which all civilized people acknowledge; to merit the character of a just nation, and maintain that of an independent one, preferring every consequence to insult and habitual wrong. Congress will consider whether the existing laws enable us efficaciously to maintain this course with our citizens in all places and with others while within the limits of our jurisdiction, and will give them the new modifications necessary for these objects. Some contraventions of right have already taken place, both within our jurisdictional limits and on the high seas. The friendly disposition of the Governments from whose agents they have proceeded, as well as their wisdom and regard for justice, leave us in reasonable expectation that they will be rectified and prevented in future, and that no act will be countenanced by them which threatens to disturb our friendly intercourse. Separated by a wide ocean from the nations of Europe and from the political interests which entangle them together, with productions and wants which render our commerce and friendship useful to them and theirs to us, it can not be the interest of any to assail us, nor ours to disturb them. We should be most unwise, indeed, were we to cast away the singular blessings of the position in which nature has placed us, the opportunity she has endowed us with of pursuing, at a distance from foreign contentions, the paths of industry, peace, and happiness, of cultivating general friendship, and of bringing collisions of interest to the umpirage of reason rather than of force. How desirable, then, must it be in a Government like ours to see its citizens adopt individually the views, the interests, and the conduct which their country should pursue, divesting themselves of those passions and partialities which tend to lessen useful friendships and to embarrass and embroil us in the calamitous scenes of Europe. Confident, fellow-citizens, that you will duly estimate the importance of neutral dispositions toward the observance of neutral conduct, that you will be sensible how much it is our duty to look on the bloody arena spread before us with commiseration indeed, but with no other wish than to see it closed, I am persuaded you will cordially cherish these dispositions in all discussions among yourselves and in all communications with your constituents; and I anticipate with satisfaction the measures of wisdom which the great interests now committed to you will give _you_ an opportunity of providing, and _myself_ that of approving and of carrying into execution with the fidelity I owe to my country,

TH. JEFFERSON.

SPECIAL MESSAGES.

OCTOBER 17, 1803.

_Gentlemen of the Senate_:

In my message of this day to both Houses of Congress I explained the circumstances which had led to the conclusion of conventions with France for the cession of the Province of Louisiana to the United States. Those conventions are now laid before you with such communications relating to them as may assist in deciding whether you will advise and consent to their ratification.

The ratification of the First Consul of France is in the hands of his chargé d'affaires here, to be exchanged for that of the United States whensoever, before the 30th instant, it shall be in readiness.

TH. JEFFERSON.

OCTOBER 21, 1803.

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

In my communication to you of the 17th instant I informed you that conventions had been entered into with the Government of France for the cession of Louisiana to the United States. These, with the advice and consent of the Senate, having now been ratified and my ratification exchanged for that of the First Consul of France in due form, they are communicated to you for consideration in your legislative capacity. You will observe that some important conditions can not be carried into execution but with the aid of the Legislature, and that time presses a decision on them without delay.

The ulterior provisions, also suggested in the same communication, for the occupation and government of the country will call for early attention. Such information relative to its government as time and distance have permitted me to obtain will be ready to be laid before you within a few days; but as permanent arrangements for this object may require time and deliberation, it is for your consideration whether you will not forthwith make such temporary provisions for the preservation in the meanwhile of order and tranquillity in the country as the case may require.

TH. JEFFERSON.

OCTOBER 24, 1803.

_To the Senate of the United States_:

I lay before you the convention signed on the 12th day of May last between the United States and Great Britain for settling their boundaries in the northeastern and northwestern parts of the United States, which was mentioned in my general message of the 17th instant, together with such papers relating thereto as may enable you to determine whether you will advise and consent to its ratification.

TH. JEFFERSON.

OCTOBER 31, 1803.

_To the Senate of the United States of America_:

I now lay before you the treaty mentioned im my general message at the opening of the session as having been concluded with the Kaskaskia Indians for the transfer of their country to us under certain reservations and conditions.

Progress having been made in the demarcation of Indian boundaries, I am now able to communicate, to you a treaty with the Delawares, Shawanese, Potawatamies, Miamis, Eel-rivers, Weeas, Kickapoos, Piankeshaws, and Kaskaskias, establishing the boundaries of the territory around St. Vincennes.

Also a supplementary treaty with the Eel-rivers, Wyandots, Piankeshaws, Kaskaskias, and Kickapoos, in confirmation of the fourth article of the preceding treaty.

Also a treaty with the Choctaws, describing and establishing our demarcation of boundaries with them.

Which several treaties are accompanied by the papers relating to them, and are now submitted to the Senate for consideration whether they will advise and consent to their ratification.

TH. JEFFERSON.

NOVEMBER 4, 1803.

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

By the copy now communicated of a letter from Captain Bainbridge, of the _Philadelphia_ frigate, to our consul at Gibraltar, you will learn that an act of hostility has been committed on a merchant vessel of the United States by an armed ship of the Emperor of Morocco. This conduct on the part of that power is without cause and without explanation. It is fortunate that Captain Bainbridge fell in with and took the capturing vessel and her prize, and I have the satisfaction to inform you that about the date of this transaction such a force would be arriving in the neighborhood of Gibraltar, both from the east and from the west, as leaves less to be feared for our commerce from the suddenness of the aggression.

On the 4th of September the _Constitution_ frigate, Captain Preble, with Mr. Lear on board, was within two days' sail of Gibraltar, where the _Philadelphia_ would then be arrived with her prize, and such explanations would probably be instituted as the state of things required, and as might perhaps arrest the progress of hostilities.

In the meanwhile it is for Congress to consider the provisional authorities which may be necessary to restrain the depredations of this power should they be continued,

TH. JEFFERSON.

NOVEMBER 14, 1803.

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

I now communicate a digest of the information I have received relative to Louisiana, which may be useful to the Legislature in providing for the government of the country. A translation of the most important laws in force in that province, now in press, shall be the subject of a supplementary communication, with such further and material information as may yet come to hand.

TH. JEFFERSON.

NOVEMBER 24, 1803.

_To the House of Representatives of the United States_:

In conformity with the desire expressed in the resolution of the House of Representatives of the 15th instant, I now lay before them copies of such documents as are in possession of the Executive relative to the arrest and confinement of Zachariah Cox by officers in the service of the United States in the year 1798. From the nature of the transaction some documents relative to it might have been expected from the War Office; but if any ever existed there they were probably lost when the office and its papers were consumed by fire.

TH. JEFFERSON.

NOVEMBER 25, 1803.

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

The treaty with the Kaskaskia Indians being ratified with the advice and consent of the Senate, it is now laid before both Houses in their legislative capacity. It will inform them of the obligations which the United States thereby contract, and particularly that of taking the tribe under their future protection, and that the ceded country is submitted to their immediate possession and disposal.

TH. JEFFERSON.

NOVEMBER 29, 1803.

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

I now communicate an appendix to the information heretofore given on the subject of Louisiana. You will be sensible, from the face of these papers, as well as of those to which they are a sequel, that they are not and could not be official, but are furnished by different individuals as the result of the best inquiries they had been able to make, and now given as received from them, only digested under heads to prevent repetitions.

TH. JEFFERSON.

DECEMBER 5, 1803.

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

I have the satisfaction to inform you that the act of hostility mentioned in my message of the 4th of November to have been committed by a cruiser of the Emperor of Morocco on a vessel of the United States has been disavowed by the Emperor. All differences in consequence thereof have been amicably adjusted, and the treaty of 1786 between this country and that has been recognized and confirmed by the Emperor, each party restoring to the other what had been detained or taken. I inclose the Emperor's orders given on this occasion.

The conduct of our officers generally who have had a part in these transactions has merited entire approbation.

The temperate and correct course pursued by our consul, Mr. Simpson, the promptitude and energy of Commodore Preble, the efficacious cooperation of Captains Rodgers and Campbell, of the returning squadron, the proper decision of Captain Bainbridge that a vessel which had committed an open hostility was of right to be detained for inquiry and consideration, and the general zeal of the other officers and men are honorable facts which I make known with pleasure. And to these I add what was indeed transacted in another quarter--the gallant enterprise of Captain Rodgers in destroying on the coast of Tripoli a corvette of that power of 22 guns.

I recommend to the consideration of Congress a just indemnification for the interest acquired by the captors of the _Mishouda_ and _Mirboha_, yielded by them for the public accommodation.

TH. JEFFERSON.

DECEMBER 5, 1803,

_To the Senate of the United States_:

In compliance with the desire of the Senate expressed in their resolution of the 22d of November, on the impressment of seamen in the service of the United States by the agents of foreign nations, I now lay before the Senate a letter from the Secretary of State with a specification of the cases of which information has been received.

TH. JEFFERSON.

DECEMBER 21, 1803.

_To the Senate of the United States_:

On the 11th of January last I laid before the Senate, for their consideration and advice, a convention with Spain on the subject of indemnities for spoliations on our commerce committed by her subjects during the late war, which convention is still before the Seriate. As this instrument did not embrace French seizures and condemnations of our vessels in the ports of Spain, for which we deemed the latter power responsible, our minister at that Court was instructed to press for an additional article, comprehending that branch of wrongs. I now communicate what has since passed on that subject. The Senate will judge whether the prospect it offers will justify a longer suspension of that portion of indemnities conceded by Spain should she now take no advantage of the lapse of the period for ratification. As the settlement of the boundaries of Louisiana will call for new negotiations on our receiving possession of that Province, the claims not obtained by the convention now before the Senate may be incorporated into those discussions.

TH. JEFFERSON.

DECEMBER 31, 1803.

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

I now lay before Congress the annual account of the fund established for defraying the contingent charges of Government. No occasion having arisen for making use of any part of it in the present year, the balance of $18,560 unexpended at the end of the last year remains now in the Treasury.

TH. JEFFERSON.

JANUARY 16, 1804.

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

In execution of the act of the present session of Congress for taking possession of Louisiana, as ceded to us by France, and for the temporary government thereof, Governor Claiborne, of the Mississippi Territory, and General Wilkinson were appointed commissioners to receive possession. They proceeded with such regular troops as had been assembled at Fort Adams from the nearest posts and with some militia of the Mississippi Territory to New Orleans, To be prepared for anything unexpected which might arise out of the transaction, a respectable body of militia was ordered to be in readiness in the States of Ohio, Kentucky, and Tennessee, and a part of those of Tennessee was moved on to the Natchez. No occasion, however, arose for their sendees. Our commissioners, on their arrival at New Orleans, found the Province already delivered by the commissioners of Spain to that of France, who delivered it over to them on the 20th day of December, as appears by their declaratory act accompanying this. Governor Claiborne, being duly invested with the powers heretofore exercised by the governor and intendant of Louisiana, assumed the government on the same day, and for the maintenance of law and order immediately issued the proclamation and address now communicated.

On this important acquisition, so favorable to the immediate interests of our Western citizens, so auspicious to the peace and security of the nation in general, which adds to our country territories so extensive and fertile and to our citizens new brethren to partake of the blessings of freedom and self-government, I offer to Congress and our country my sincere congratulations,

TH. JEFFERSON.

JANUARY 24, 1804.

_Gentlemen of the Senate and of the House of Representatives_:

I communicate for your information a letter just received from Governor Claiborne, which may throw light on the subject of the government of Louisiana, under contemplation of the Legislature. The paper being original, a return is asked.

TH. JEFFERSON.

FEBRUARY 16, 1804.

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

Information having been received some time ago that the public lands in the neighborhood of Detroit required particular attention, the agent appointed to transact business with the Indians in that quarter was instructed to inquire into and report the situation of the titles and occupation of the lands, private and public, in the neighboring settlements. His report is now communicated, that the Legislature may judge how far its interposition is necessary to quiet the legal titles, confirm the equitable, to remove the past and prevent future intrusions which have neither law nor justice for the basis.

TH. JEFFERSON.

FEBRUARY 22, 1804.

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

I communicate to Congress, for their information, a report of the surveyor of the public buildings at Washington, stating what has been done under the act of the last session concerning the city of Washington on the Capitol and other public buildings, and the highway between them.

TH. JEFFERSON.

FEBRUARY 29, 1804.

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

I communicate, for the information of Congress, a letter stating certain fraudulent practices for monopolizing lands in Louisiana, which may perhaps require legislative provisions.

TH. JEFFERSON.

MARCH 20, 1804.

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

I communicate to Congress a letter received from Captain Bainbridge, commander of the _Philadelphia_ frigate, informing us of the wreck of that vessel on the coast of Tripoli, and that himself, his officers and men, had fallen into the hands of the Tripolitans. This accident renders it expedient to increase our force and enlarge our expenses in the Mediterranean beyond what the last appropriation for the naval service contemplated. I recommend, therefore, to the consideration of Congress such an addition to that appropriation as they may think the exigency requires.

TH. JEFFERSON.

MARCH 22, 1804.

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

I lay before Congress the last returns of the militia of the United States. Their incompleteness is much to be regretted, and its remedy may at some future time be a subject worthy the attention of Congress.

TH. JEFFERSON.

PROCLAMATION.

[From Annals of Congress, Eighth Congress, second session, 1234.]

_To all whom these presents shall come_:

Whereas by an act of Congress authority has been given to the President of the United States, whenever he shall deem it expedient, to erect the shores, waters, and inlets of the bay and river of Mobile, and of the other rivers, creeks, inlets, and bays emptying into the Gulf of Mexico east of the said river Mobile and west thereof to the Pascagoula, inclusive, into a separate district for the collection of duties on imports and tonnage; and to establish such place within the same as he shall deem it expedient to be the port of entry and delivery for such district; and to designate such other places within the same district, not exceeding two, to be ports of delivery only:

Now know ye that I, Thomas Jefferson, President of the United States, do hereby decide that all the above-mentioned shores, waters, inlets, creeks, and rivers lying within the boundaries of the United States shall constitute and form a separate district, to be denominated "the district of Mobile;" and do also designate Fort Stoddert, within the district aforesaid, to be the port of entry and delivery for the said district.

Given under my hand this 20th day of May, 1804.

TH. JEFFERSON.

FOURTH ANNUAL MESSAGE.

NOVEMBER 8, 1804.

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

To a people, fellow-citizens, who sincerely desire the happiness and prosperity of other nations; to those who justly calculate that their own well-being is advanced by that of the nations with which they have intercourse, it will be a satisfaction to observe that the war which was lighted up in Europe a little before our last meeting has not yet extended its flames to other nations, nor been marked by the calamities which sometimes stain the footsteps of war. The irregularities, too, on the ocean, which generally harass the commerce of neutral nations, have, in distant parts, disturbed ours less than on former occasions; but in the American seas they have been greater from peculiar causes, and even within our harbors and jurisdiction infringements on the authority of the laws have been committed which have called for serious attention. The friendly conduct of the Governments from whose officers and subjects these acts have proceeded, in other respects and in places more under their observation and control, gives us confidence that our representations on this subject will have been properly regarded.

While noticing the irregularities committed on the ocean by others, those on our own part should not be omitted nor left unprovided for. Complaints have been received that persons residing within the United States have taken on themselves to arm merchant vessels and to force a commerce into certain ports and countries in defiance of the laws of those countries. That individuals should undertake to wage private war, independently of the authority of their country, can not be permitted in a well-ordered society. Its tendency to produce aggression on the laws and rights of other nations and to endanger the peace of our own is so obvious that I doubt not you will adopt measures for restraining it effectually in future.

Soon after the passage of the act of the last session authorizing the establishment of a district and port of entry on the waters of the Mobile we learnt that its object was misunderstood on the part of Spain. Candid explanations were immediately given and assurances that, reserving our claims in that quarter as a subject of discussion and arrangement with Spain, no act was meditated in the meantime inconsistent with the peace and friendship existing between the two nations, and that conformably to these intentions would be the execution of the law. That Government had, however, thought proper to suspend the ratification of the convention of 1802; but the explanations which would reach them soon after, and still more the confirmation of them by the tenor of the instrument establishing the port and district, may reasonably be expected to replace them in the dispositions and views of the whole subject which originally dictated the convention.

I have the satisfaction to inform you that the objections which had been urged by that Government against the validity of our title to the country of Louisiana have been withdrawn, its exact limits, however, remaining still to be settled between us; and to this is to be added that, having prepared and delivered the stock created in execution of the convention of Paris of April 30, 1803, in consideration of the cession of that country, we have received from the Government of France an acknowledgment, in due form, of the fulfillment of that stipulation.