A Compilation of the Messages and Papers of the Presidents - Edited by James D. Richardson
With Spain our negotiations for a settlement of differences have not
had a satisfactory issue. Spoliations during a former war, for which
she had formally acknowledged herself responsible, have been refused
to be compensated but on conditions affecting other claims in no wise
connected with them. Yet the same practices are renewed in the present
war and are already of great amount. On the Mobile, our commerce passing
through that river continues to be obstructed by arbitrary duties and
vexatious searches. Propositions for adjusting amicably the boundaries
of Louisiana have not been acceded to. While, however, the right is
unsettled, we have avoided changing the state of things by taking new
posts or strengthening ourselves in the disputed territories, in the
hope that the other power would not by a contrary conduct oblige us to
meet their example and endanger conflicts of authority the issue of
which may not be easily controlled. But in this hope we have now reason
to lessen our confidence. Inroads have been recently made into the
Territories of Orleans and the Mississippi, our citizens have been
seized and their property plundered in the very parts of the former
which had been actually delivered up by Spain, and this by the regular
officers and soldiers of that Government. I have therefore found it
necessary at length to give orders to our troops on that frontier to be
in readiness to protect our citizens, and to repel by arms any similar
aggressions in future. Other details necessary for your full information
of the state of things between this country and that shall be the
subject of another communication.
In reviewing these injuries from some of the belligerent powers the
moderation, the firmness, and the wisdom of the Legislature will all be
called into action. We ought still to hope that time and a more correct
estimate of interest as well as of character will produce the justice
we are bound to expect. But should any nation deceive itself by false
calculations, and disappoint that expectation, we must join in the
unprofitable contest of trying which party can do the other the most
harm. Some of these injuries may perhaps admit a peaceable remedy. Where
that is competent it is always the most desirable. But some of them are
of a nature to be met by force only, and all of them may lead to it.
I can not, therefore, but recommend such preparations as circumstances
call for. The first object is to place our seaport towns out of the
danger of insult. Measures have been already taken for furnishing them
with heavy cannon for the service of such land batteries as may make a
part of their defense against armed vessels approaching them. In aid of
these it is desirable we should have a competent number of gunboats, and
the number, to be competent, must be considerable. If immediately begun,
they may be in readiness for service at the opening of the next season.
Whether it will be necessary to augment our land forces will be decided
by occurrences probably in the course of your session. In the meantime
you will consider whether it would not be expedient for a state of peace
as well as of war so to organize or class the militia as would enable
us on any sudden emergency to call for the services of the younger
portions, unencumbered with the old and those having families. Upward
of 300,000 able-bodied men between the ages of 18 and 26 years, which
the last census shews we may now count within our limits, will furnish
a competent number for offense or defense in any point where they may
be wanted, and will give time for raising regular forces after the
necessity of them shall become certain; and the reducing to the early
period of life all its active service can not but be desirable to our
younger citizens of the present as well as future times, inasmuch as it
engages to them in more advanced age a quiet and undisturbed repose in
the bosom of their families. I can not, then, but earnestly recommend
to your early consideration the expediency of so modifying our militia
system as, by a separation of the more active part from that which is
less so, we may draw from it when necessary an efficient corps fit for
real and active service, and to be called to it in regular rotation.
Considerable provision has been made under former authorities from
Congress of materials for the construction of ships of war of 74 guns.
These materials are on hand subject to the further will of the
Legislature.
An immediate prohibition of the exportation of arms and ammunition is
also submitted to your determination.
Turning from these unpleasant views of violence and wrong, I
congratulate you on the liberation of our fellow-citizens who were
stranded on the coast of Tripoli and made prisoners of war. In a
government bottomed on the will of all the life and liberty of every
individual citizen become interesting to all. In the treaty, therefore,
which has concluded our warfare with that State an article for the
ransom of our citizens has been agreed to. An operation by land by a
small band of our countrymen and others, engaged for the occasion in
conjunction with the troops of the ex-Bashaw of that country, gallantly
conducted by our late consul, Eaton, and their successful enterprise
on the city of Derne, contributed doubtless to the impression which
produced peace, and the conclusion of this prevented opportunities of
which the officers and men of our squadron destined for Tripoli would
have availed themselves to emulate the acts of valor exhibited by
their brethren in the attack of the last year. Reflecting with high
satisfaction on the distinguished bravery displayed whenever occasions
permitted in the late Mediterranean service, I think it would be an
useful encouragement as well as a just reward to make an opening for
some present promotion by enlarging our peace establishment of captains
and lieutenants.
With Tunis some misunderstandings have arisen not yet sufficiently
explained, but friendly discussions with their ambassador recently
arrived and a mutual disposition to do whatever is just and reasonable
can not fail of dissipating these, so that we may consider our peace on
that coast, generally, to be on as sound a footing as it has been at any
preceding time. Still, it will not be expedient to withdraw immediately
the whole of our force from that sea.
The law providing for a naval peace establishment fixes the number of
frigates which shall be kept in constant service in time of peace, and
prescribes that they shall be manned by not more than two-thirds of
their complement of seamen and ordinary seamen. Whether a frigate may
be trusted to two-thirds only of her proper complement of men must
depend on the nature of the service on which she is ordered; that may
sometimes, for her safety as well as to insure her object, require her
fullest complement. In adverting to this subject Congress will perhaps
consider whether the best limitation on the Executive discretion in
this case would not be by the number of seamen which may be employed in
the whole service rather than by the number of the vessels. Occasions
oftener arise for the employment of small than of large vessels, and it
would lessen risk as well as expense to be authorized to employ them of
preference. The limitation suggested by the number of seamen would admit
a selection of vessels best adapted to the service.
Our Indian neighbors are advancing, many of them with spirit, and
others beginning to engage in the pursuits of agriculture and household
manufacture. They are becoming sensible that the earth yields
subsistence with less labor and more certainty than the forest, and find
it their interest from time to time to dispose of parts of their surplus
and waste lands for the means of improving those they occupy and of
subsisting their families while they are preparing their farms. Since
your last session the Northern tribes have sold to us the lands between
the Connecticut Reserve and the former Indian boundary and those on the
Ohio from the same boundary to the rapids and for a considerable depth
inland. The Chickasaws and Cherokees have sold us the country between
and adjacent to the two districts of Tennessee, and the Creeks the
residue of their lands in the fork of Ocmulgee up to the Ulcofauhatche.
The three former purchases are important, inasmuch as they consolidate
disjoined parts of our settled country and render their intercourse
secure; and the second particularly so, as, with the small point on
the river which we expect is by this time ceded by the Piankeshaws, it
completes our possession of the whole of both banks of the Ohio from its
source to near its mouth, and the navigation of that river is thereby
rendered forever safe to our citizens settled and settling on its
extensive waters. The purchase from the Creeks, too, has been for some
time particularly interesting to the State of Georgia.
The several treaties which have been mentioned will be submitted to both
Houses of Congress for the exercise of their respective functions.
Deputations now on their way to the seat of Government from various
nations of Indians inhabiting the Missouri and other parts beyond the
Mississippi come charged with assurances of their satisfaction with the
new relations in which they are placed with us, of their dispositions
to cultivate our peace and friendship, and their desire to enter into
commercial intercourse with us. A state of our progress in exploring the
principal rivers of that country, and of the information respecting them
hitherto obtained, will be communicated so soon as we shall receive some
further relations which we have reason shortly to expect.
The receipts at the Treasury during the year ending on the 30th day of
September last have exceeded the sum of $13,000,000, which, with not
quite five millions in the Treasury at the beginning of the year, have
enabled us after meeting other demands to pay nearly two millions of the
debt contracted under the British treaty and convention, upward of four
millions of principal of the public debt, and four millions of interest.
These payments, with those which had been made in three years and a half
preceding, have extinguished of the funded debt nearly eighteen millions
of principal. Congress by their act of November 10, 1803, authorized us
to borrow $1,750,000 toward meeting the claims of our citizens assumed
by the convention with France. We have not, however, made use of this
authority, because the sum of four millions and a half, which remained
in the Treasury on the same 30th day of September last, with the
receipts which we may calculate on for the ensuing year, besides paying
the annual sum of $8,000,000 appropriated to the funded debt and meeting
all the current demands which may be expected, will enable us to pay
the whole sum of $3,750,000 assumed by the French convention and still
leave us a surplus of nearly $1,000,000 at our free disposal. Should
you concur in the provisions of arms and armed vessels recommended by
the circumstances of the times, this surplus will furnish the means of
doing so.
On this first occasion of addressing Congress since, by the choice of
my constituents, I have entered on a second term of administration, I
embrace the opportunity to give this public assurance that I will exert
my best endeavors to administer faithfully the executive department,
and will zealously cooperate with you in every measure which may
tend to secure the liberty, property, and personal safety of our
fellow-citizens, and to consolidate the republican forms and principles
of our Government.
In the course of your session you shall receive all the aid which I
can give for the dispatch of public business, and all the information
necessary for your deliberations, of which the interests of our own
country and the confidence reposed in us by others will admit a
communication.
TH. JEFFERSON.
SPECIAL MESSAGES.
DECEMBER 6, 1805.
_To the Senate and House of Representatives of the United States_:
The depredations which had been committed on the commerce of the United
States during a preceding war by persons under the authority of Spain
are sufficiently known to all. These made it a duty to require from that
Government indemnifications for our injured citizens. A convention was
accordingly entered into between the minister of the United States at
Madrid and the minister of that Government for foreign affairs, by which
it was agreed that spoliations committed by Spanish subjects and carried
into ports of Spain should be paid for by that nation, and that those
committed by French subjects and carried into Spanish ports should
remain for further discussion. Before this convention was returned
to Spain with our ratification the transfer of Louisiana by France to
the United States took place, an event as unexpected as disagreeable
to Spain. From that moment she seemed to change her conduct and
dispositions toward us. It was first manifested by her protest against
the right of France to alienate Louisiana to us, which, however, was
soon retracted and the right confirmed. Then high offense was manifested
at the act of Congress establishing a collection district on the Mobile,
although by an authentic declaration immediately made it was expressly
confined to our acknowledged limits; and she now refused to ratify the
convention signed by her own minister under the eye of his Sovereign
unless we would consent to alterations of its terms which would have
affected our claims against her for the spoliations by French subjects
carried into Spanish ports.
To obtain justice as well as to restore friendship I thought a special
mission advisable, and accordingly appointed James Monroe minister
extraordinary and plenipotentiary to repair to Madrid, and in
conjunction with our minister resident there to endeavor to procure a
ratification of the former convention and to come to an understanding
with Spain as to the boundaries of Louisiana. It appeared at once that
her policy was to reserve herself for events, and in the meantime to
keep our differences in an undetermined state. This will be evident
from the papers now communicated to you. After nearly five months of
fruitless endeavor to bring them to some definite and satisfactory
result, our ministers ended the conferences without having been able to
obtain indemnity for spoliations of any description or any satisfaction
as to the boundaries of Louisiana, other than a declaration that we had
no rights eastward of the Iberville, and that our line to the west was
one which would have left us but a string of land on that bank of the
river Mississippi. Our injured citizens were thus left without any
prospect of retribution from the wrongdoer, and as to boundary each
party was to take its own course. That which they have chosen to pursue
will appear from the documents now communicated. They authorize the
inference that it is their intention to advance on our possessions until
they shall be repressed by an opposing force. Considering that Congress
alone is constitutionally invested with the power of changing our
condition from peace to war, I have thought it my duty to await their
authority for using force in any degree which could be avoided. I have
barely instructed the officers stationed in the neighborhood of the
aggressions to protect our citizens from violence, to patrol within the
borders actually delivered to us, and not to go out of them but when
necessary to repel an inroad or to rescue a citizen or his property; and
the Spanish officers remaining at New Orleans are required to depart
without further delay. It ought to be noted here that since the late
change in the state of affairs in Europe Spain has ordered her cruisers
and courts to respect our treaty with her.
The conduct of France and the part she may take in the misunderstandings
between the United States and Spain are too important to be
unconsidered. She was prompt and decided in her declarations that our
demands on Spain for French spoliations carried into Spanish ports were
included in the settlement between the United States and France. She
took at once the ground that she had acquired no right from Spain, and
had meant to deliver us none eastward of the Iberville, her silence as
to the western boundary leaving us to infer her opinion might be against
Spain in that quarter. Whatever direction she might mean to give to
these differences, it does not appear that she has contemplated their
proceeding to actual rupture, or that at the date of our last advices
from Paris her Government had any suspicion of the hostile attitude
Spain had taken here; on the contrary, we have reason to believe that
she was disposed to effect a settlement on a plan analogous to what our
ministers had proposed, and so comprehensive as to remove as far as
possible the grounds of future collision and controversy on the eastern
as well as western side of the Mississippi.
The present crisis in Europe is favorable for pressing such a
settlement, and not a moment should be lost in availing ourselves of
it. Should it pass unimproved, our situation would become much more
difficult. Formal war is not necessary--it is not probable it will
follow; but the protection of our citizens, the spirit and honor of our
country require that force should be interposed to a certain degree it
will probably contribute to advance the object of peace,
But the course to be pursued will require the command of means which
it belongs to Congress exclusively to yield or to deny. To them I
communicate every fact material for their information and the documents
necessary to enable them to judge for themselves. To their wisdom, then,
I look for the course I am to pursue, and will pursue with sincere zeal
that which they shall approve.
TH. JEFFERSON.
DECEMBER 11, 1805.
_To the Senate of the United States_:
I now lay before the Senate the several treaties and conventions
following, which have been entered into on the part of the United
States since their last session:
1. A treaty of peace and amity between the United States of America
and the Bashaw, Bey, and subjects of Tripoli, in Barbary.
2. A treaty between the United States and the Wyandot, Ottawa, Chippewa,
Munsee, and Delaware, Shawnee, and Potawatamie nations of Indians.
3. A treaty between the United States and the agents of the Connecticut
Land Companies on one part and the Wyandot, Ottawa, Chippewa, Munsee,
and Delaware, Shawnee, and Potawatamie nations of Indians.
4. A treaty between the United States and the Delawares, Potawatamies,
Miamis, Eel-rivers, and Weeas.
5. A treaty between the United States and the Chickasaw Nation of
Indians.
6. A treaty between the United States of America and the Cherokee
Indians.
7. A convention between the United States and the Creek Nation of
Indians; with the several documents necessary for their explanation.
The Senate having dissented to the ratification of the treaty with the
Creeks submitted to them at their last session, which gave a sum of
$200,000 for the country thereby conveyed, it is proper now to observe
that instead of that sum, which was equivalent to a perpetual annuity of
$12,000, the present purchase gives them an annuity of $12,000 for eight
years only and of $11,000 for ten years more, the payments of which
would be effected by a present sum of $130,000 placed at an annual
interest of 6 per cent. If from this sum we deduct the reasonable
value of the road ceded through the whole length of their country from
Ocmulgee toward New Orleans, a road of indispensable necessity to us,
the present convention will be found to give little more than the half
of the sum which was formerly proposed to be given. This difference is
thought sufficient to justify the presenting this subject a second time
to the Senate. On these several treaties I have to request that the
Senate will advise whether I shall ratify them or not.
TH. JEFFERSON.
DECEMBER 23, 1805.
_To the Senate and House of Representatives of the United States_:
The governor and presiding judge of the Territory of Michigan have made
a report to me of the state of that Territory, several matters in which
being within the reach of the legislative authority only, I lay the
report before Congress.
TH. JEFFERSON.
DECEMBER 31, 1805.
_To the House of Representatives of the United States_:
I now communicate to the House of Representatives all the information
which the executive offices furnish on the subject of their resolution
of the 23d instant respecting the States indebted to the United States.
TH. JEFFERSON.
JANUARY 10, 1806.
_To the Senate of the United States_:
In compliance with the request of the Senate expressed in their
resolution of December 27, I now lay before them such documents and
papers (there being no other information in my possession) as relate to
complaints by the Government of France against the commerce carried on
by the citizens of the United States to the French island of St.
Domingo.
TH. JEFFERSON.
JANUARY 13, 1806.
_To the Senate of the United States_:
According to the request of the Senate of December 30, I now lay before
them the correspondence of the naval commanders Barron and Rodgers and
of Mr. Eaton, late consul at Tunis, respecting the progress of the
war with Tripoli, antecedent to the treaty with the Bey and Regency
of Tripoli, and respecting the negotiations for the same, and the
commission and instructions of Mr. Eaton, with such other correspondence
in possession of the offices as I suppose may be useful to the Senate in
their deliberations upon the said treaty.
The instructions which were given to Mr. Lear, the consul-general at
Algiers, respecting the negotiations for the said treaty accompanied
the treaty and the message concerning the same, and are now with them
in possession of the Senate.
So much of these papers has been extracted and communicated to the House
of Representatives as relates to the principles of the cooperation
between the United States and Hamet Caramalli, which is the subject
of a joint message to both Houses of Congress bearing equal date with
the present, and as those now communicated to the Senate comprehend
the whole of that matter, I request that they may be considered as
comprising the documents stated in that message as accompanying it.
Being mostly originals or sole copies, a return of them is requested
at the convenience of the Senate.
We have no letter from Mr. Lear respecting Tripoline affairs of later
date than that of July 5, which was transmitted to the Senate with the
treaty, nor, consequently, any later information what steps have been
taken to carry into effect the stipulation for the delivery of the wife
and children of the brother of the reigning Bashaw of Tripoli.
TH. JEFFERSON.
JANUARY 13, 1806.
_To the Senate and House of Representatives of the United States_:
I lay before Congress the application of Hamet Caramalli, elder brother
of the reigning Bashaw of Tripoli, soliciting from the United States
attention to his services and sufferings in the late war against
that State; and in order to possess them of the ground on which that
application stands, the facts shall be stated according to the views
and information of the Executive.
During the war with Tripoli it was suggested that Hamet Caramalli, elder
brother of the reigning Bashaw, and driven by him from his throne,
meditated the recovery of his inheritance, and that a concert in action
with us was desirable to him. We considered that concerted operations
by those who have a common enemy were entirely justifiable, and might
produce effects favorable to both without binding either to guarantee
the objects of the other. But the distance of the scene, the
difficulties of communication, and the uncertainty of our information
inducing the less confidence in the measure, it was committed to our
agents as one which might be resorted to if it promised to promote our
success.
Mr. Eaton, however (our late consul), on his return from the
Mediterranean, possessing personal knowledge of the scene and having
confidence in the effect of a joint operation, we authorized Commodore
Barron, then proceeding with his squadron, to enter into an
understanding with Hamet if he should deem it useful; and as it was
represented that he would need some aids of arms and ammunition, and
even of money, he was authorized to furnish them to a moderate extent,
according to the prospect of utility to be expected from it. In order to
avail him of the advantages of Mr. Eaton's knowledge of circumstances,
an occasional employment was provided for the latter as an agent for the
Navy in that sea. Our expectation was that an intercourse should be kept
up between the ex-Bashaw and the commodore; that while the former moved
on by land our squadron should proceed with equal pace, so as to arrive
at their destination together and to attack the common enemy by land and
sea at the same time. The instructions of June 6 to Commodore Barron
shew that a cooperation only was intended, and by no means an union
of our object with the fortune of the ex-Bashaw, and the commodore's
letters of March 22 and May 19 prove that he had the most correct idea
of our intentions. His verbal instructions, indeed, to Mr. Eaton and
Captain Hull, if the expressions are accurately committed to writing
by those gentlemen, do not limit the extent of his cooperation as
rigorously as he probably intended; but it is certain from the
ex-Bashaw's letter of January 3, written when he was proceeding to join
Mr. Eaton, and in which he says, "Your operations should be carried on
by sea, mine by land," that he left the position in which he was with a
proper idea of the nature of the cooperation. If Mr. Eaton's subsequent
convention should appear to bring forward other objects, his letter of
April 29 and May 1 views this convention but as provisional, the second
article, as he expressly states, guarding it against any ill effect; and
his letter of June 30 confirms this construction.