A Compilation of the Messages and Papers of the Presidents - Edited by James D. Richardson
In the event it was found that after placing the ex-Bashaw in possession
of Derne, one of the most important cities and provinces of the country,
where he had resided himself as governor, lie was totally unable to
command any resources or to bear any part in cooperation with us. This
hope was then at an end, and we certainly had never contemplated, nor
were we prepared, to land an army of our own, or to raise, pay, or
subsist an army of Arabs to march from Derne to Tripoli and to carry
on a land war at such a distance from our resources. Our means and our
authority were merely naval, and that such were the expectations of
Hamet his letter of June 29 is an unequivocal acknowledgment. While,
therefore, an impression from the capture of Derne might still operate
at Tripoli, and an attack on that place from our squadron was daily
expected. Colonel Lear thought it the best moment to listen to overtures
of peace then made by the Bashaw. He did so, and while urging provisions
for the United States he paid attention also to the interests of Hamet,
but was able to effect nothing more than to engage the restitution of
his family, and even the persevering in this demand suspended for some
time the conclusion of the treaty.
In operations at such a distance it becomes necessary to leave much to
the discretion of the agents employed, but events may still turn up
beyond the limits of that discretion. Unable in such a case to consult
his Government, a zealous citizen will act as he believes that would
direct him were it apprised of the circumstances, and will take on
himself the responsibility. In all these cases the purity and patriotism
of the motives should shield the agent from blame, and even secure a
sanction where the error is not too injurious. Should it be thought by
any that the verbal instructions said to have been given by Commodore
Barron to Mr. Eaton amount to a stipulation that the United States
should place Hamet Caramalli on the throne of Tripoli--a stipulation so
entirely unauthorized, so far beyond our views, and so onerous could not
be sanctioned by our Government--or should Hamet Caramalli, contrary
to the evidence of his letters of January 3 and June 29, be thought to
have left the position which he now seems to regret, under a mistaken
expectation that we were at all events to place him on his throne, on
an appeal to the liberality of the nation something equivalent to the
replacing him in his former situation might be worthy its consideration.
A nation by establishing a character of liberality and magnanimity gains
in the friendship and respect of others more than the worth of mere
money. This appeal is now made by Hamet Caramalli to the United States.
The ground he has taken being different not only from our views but from
those expressed by himself on former occasions, Mr. Eaton was desired to
state whether any verbal communications passed from him to Hamet which
had varied what we saw in writing. His answer of December 5 is herewith
transmitted, and has rendered it still more necessary that in presenting
to the Legislature the application of Hamet I should present them at
the same time an exact statement of the views and proceedings of the
Executive through this whole business, that they may clearly understand
the ground on which we are placed. It is accompanied by all the papers
which bear any relation to the principles of the cooperation, and which
can inform their judgment in deciding on the application of Hamet
Caramalli.
TH. JEFFERSON.
JANUARY 15, 1806.
_To the Senate and House of Representatives of the United States_:
I now render to Congress an account of the grant of $20,000 for the
contingent charges of Government by an act making appropriations for the
support of Government for the year 1805. Of that sum $1,987.50 have been
necessarily applied to the support of the Territorial governments of
Michigan and Louisiana until an opportunity could occur of making a
specific appropriation for that purpose. The balance of $18,012.50
remains in the Treasury.
TH. JEFFERSON.
JANUARY 17, 1806.
_To the Senate and House of Representatives of the United States_:
In my message to both Houses of Congress at the opening of their present
session I submitted to their attention, among other subjects, the
oppression of our commerce and navigation by the irregular practices
of armed vessels, public and private, and by the introduction of new
principles derogatory of the rights of neutrals and unacknowledged by
the usage of nations.
The memorials of several bodies of merchants of the United States are
now communicated, and will develop these principles and practices which
are producing the most ruinous effects on our lawful commerce and
navigation.
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 deg. 21' 47" north and longitude 99 deg. 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 deg. 31' 4.16", longitude 92 deg. 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.