A Compilation of the Messages and Papers of the Presidents - Edited by James D. Richardson
It must be superfluous to observe that this species of naval armament
is proposed merely for defensive operation; that it can have but little
effect toward protecting our commerce in the open seas, even on our own
coast; and still less can it become an excitement to engage in offensive
maritime war, toward which it would furnish no means.
TH. JEFFERSON.
FEBRUARY 11, 1807.
_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 latest returns received by the Department
of War. From two of the States no returns have ever been received.
TH. JEFFERSON.
FEBRUARY 19, 1807.
_To the Senate and House of Representatives of the United States_:
I transmit to Congress a letter from our ministers plenipotentiary
at London, informing us that they have agreed with the British
commissioners to conclude a treaty on all the points which had formed
the object of their negotiation, and on terms which they trusted we
would approve.
Also a letter from our minister plenipotentiary at Paris covering one
to him from the minister of marine of that Government assuring him that
the imperial decree lately passed was not to affect our commerce, which
would still be governed by the rules of the treaty established between
the two countries.
Also a letter from Cowles Mead, secretary of the Mississippi Territory,
acting as governor, informing us that Aaron Burr had surrendered himself
to the civil authority of that Territory.
TH. JEFFERSON.
PROCLAMATIONS.
BY THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
During the wars which for some time have unhappily prevailed among the
powers of Europe the United States of America, firm in their principles
of peace, have endeavored, by justice, by a regular discharge of all
their national and social duties, and by every friendly office their
situation has admitted, to maintain with all the belligerents their
accustomed relations of friendship, hospitality, and commercial
intercourse. Taking no part in the questions which animate these powers
against each other, nor permitting themselves to entertain a wish but
for the restoration of general peace, they have observed with good faith
the neutrality they assumed, and they believe that no instance of a
departure from its duties can be justly imputed to them by any nation.
A free use of their harbors and waters, the means of refitting and of
refreshment, of succor to their sick and suffering, have at all times
and on equal principles been extended to all, and this, too, amidst a
constant recurrence of acts of insubordination to the laws, of violence
to the persons, and of trespasses on the property of our citizens
committed by officers of one of the belligerent parties received among
us. In truth, these abuses of the laws of hospitality have, with few
exceptions, become habitual to the commanders of the British armed
vessels hovering on our coasts and frequenting our harbors. They have
been the subject of repeated representations to their Government.
Assurances have been given that proper orders should restrain them
within the limits of the rights and of the respect due to a friendly
nation; but those orders and assurances have been without effect--no
instance of punishment for past wrongs has taken place. At length a deed
transcending all we have hitherto seen or suffered brings the public
sensibility to a serious crisis and our forbearance to a necessary
pause. A frigate of the United States, trusting to a state of peace, and
leaving her harbor on a distant service, has been surprised and attacked
by a British vessel of superior force--one of a squadron then lying in
our waters and covering the transaction--and has been disabled from
service, with the loss of a number of men killed and wounded. This
enormity was not only without provocation or justifiable cause, but was
committed with the avowed purpose of taking by force from a ship of war
of the United States a part of her crew; and that no circumstance might
be wanting to mark its character, it had been previously ascertained
that the seamen demanded were native citizens of the United States.
Having effected her purpose, she returned to anchor with her squadron
within our jurisdiction. Hospitality under such circumstances ceases to
be a duty, and a continuance of it with such uncontrolled abuses would
tend only, by multiplying injuries and irritations, to bring on a
rupture between the two nations. This extreme resort is equally opposed
to the interests of both, as it is to assurances of the most friendly
dispositions on the part of the British Government, in the midst of
which this outrage has been committed. In this light the subject can not
but present itself to that Government and strengthen the motives to
an honorable reparation of the wrong which has been done, and to that
effectual control of its naval commanders which alone can justify the
Government of the United States in the exercise of those hospitalities
it is now constrained to discontinue.
In consideration of these circumstances and of the right of every nation
to regulate its own police, to provide for its peace and for the safety
of its citizens, and consequently to refuse the admission of armed
vessels into its harbors or waters, either in such numbers or of such
descriptions as are inconsistent with these or with the maintenance
of the authority of the laws, I have thought proper, in pursuance of
the authorities specially given by law, to issue this my proclamation,
hereby requiring all armed vessels bearing commissions under the
Government of Great Britain now within the harbors or waters of the
United States immediately and without any delay to depart from the same,
and interdicting the entrance of all the said harbors and waters to the
said armed vessels and to all others bearing commissions under the
authority of the British Government.
And if the said vessels, or any of them, shall fail to depart as
aforesaid, or if they or any others so interdicted shall hereafter
enter the harbors or waters aforesaid, I do in that case forbid all
intercourse with them, or any of them, their officers or crews, and
do prohibit all supplies and aid from being furnished to 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 any
such vessel contrary to the prohibition contained in this proclamation,
either in repairing any such vessel or in furnishing her, her officers
or crew, with supplies of any kind or in any manner whatsoever; 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, or unless it
be in the case of a vessel forced by distress or charged with public
dispatches, as hereinafter provided for, 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 or under the authority of 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.
Provided, nevertheless, that if any such vessel shall be forced into the
harbors or waters of the United States by distress, by the dangers of
the sea, or by the pursuit of an enemy, or shall enter them charged
with dispatches or business from their Government, or shall be a public
packet for the conveyance of letters and dispatches, the commanding
officer, immediately reporting his vessel to the collector of the
district, stating the object or causes of entering the said harbors
or waters, and conforming himself to the regulations in that case
prescribed under the authority of the laws, shall be allowed the benefit
of such regulations respecting repairs, supplies, stay, intercourse, and
departure as shall be permitted under the same authority.
[SEAL.]
In testimony whereof I have caused the seal of the United States to be
affixed to these presents, and signed the same.
Given at the city of Washington, the 2d day of July, A.D. 1807, and of
the Sovereignty and Independence of the United States the thirty-first.
TH. JEFFERSON.
By the President:
JAMES MADISON,
_Secretary of State_.
[From Annals of Congress, Tenth Congress, first session, vol. i, 9.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas great and weighty matters claiming the consideration of the
Congress of the United States form an extraordinary occasion for
convening them, I do by these presents appoint Monday, the 26th day
of October next, for their meeting at the city of Washington, hereby
requiring the respective Senators and Representatives then and there to
assemble in Congress, in order to receive such communications as may
then be made to them, and to consult and determine on such measures as
in their wisdom may be deemed meet for the welfare of the United States.
[SEAL.]
In testimony whereof I have caused the seal of the United States to be
hereunto affixed, and signed the same with my hand.
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.