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SENATE.

President's Annual Message.

NOVEMBER, 1811.

in order that it might receive full consideration in the depending discussions. This communication appears not to have been received; but the transmission of it

hitherto, instead of founding on it an actual repeal of the orders, or assurances that the repeal would ensue, will not permit us to rely on any effective change in the British Cabinet. To be ready to meet with cordiceed, in the mean time, in adapting our measures to ality satisfactory proofs of such a change, and to prothe views which have been disclosed through that Minap-ister, will best consult our whole duty,

TUESDAY, November 5.

RICHARD BRENT, from the State of Virginia,

attended.

Mr. ANDERSON reported, from the joint committee, that they had waited on the President of the United States, and that the President informed the committee that he would make a communication to the two Houses this day, at twelve

o'clock.

On motion, by Mr. LEIB, a committee was pointed agreeably to the forty-second rule for conducting business in the Senate; and, Messrs. LEIB, FRANKLIN, and CUTTS, were appointed the committee.

On motion, by Mr. GILMAN, a committee was appointed agreeably to the 22d rule for conducting business in the Senate; and Messrs GILMAN, CAMPBELL, of Tennessee, and BIBB, were appointed the committee. On motion, by Mr. FRANKLIN, the Senate pro-ate commanded by Captain Rodgers, rendered unavoidceeded to the election of a Doorkeeper, agreeably able on the part of the latter, by a fire, commenced to the resolution of yesterday, and the whole num- without cause, by the former; whose commander is ber of ballots collected was 27, of which MOUNT- therefore alone chargeable with the blood unfortunately JOY BAYLY had 20, and was accordingly elected, shed in maintaining the honor of the American flag. in the place of James Mathers, deceased. The proceedings of a court of inquiry, requested by Captain Rodgers, are communicated, together with the correspondence relating to the occurrence between the Secretary of State and His Britannic Majesty's Envoy.

ANNUAL MESSAGE.

The following Message was received from the To these are added the several correspondences which PRESIDENT OF THE UNITED STATES: Fellow-citizens of the Senate

and House of Representatives:

have passed on the subject of the British Orders in Council; and to both, the correspondence relating to the Floridas, in which Congress will be made acquainted with the interposition which the Government of Great Britain has thought proper to make against the proceeding of the United States.

In calling you together sooner than a separation from your homes would otherwise have been required, I yielded to considerations drawn from the posture of our foreign affairs; and in fixing the present, for the time of your meeting, regard was had to the probability of further developments of the policy of the belligerent Powers towards this country, which might the more unite the National Councils in the measures to be pursued.

At the close of the last session of Congress, it was hoped that the successive confirmations of the extinction of the French decrees, so far as they violated our neutral commerce, would have induced the Government of Great Britain to repeal its Orders in Council, and thereby authorize a removal of the existing obstructions to her commerce with the United States.

In the friendly spirit of those disclosures, indemnity and redress for other wrongs have continued to be withheld; and our coasts, and the mouths of our harbors, have again witnessed scenes not less derogatory to the dearest of our national rights, than vexatious to the regular course of our trade.

Among the occurrences produced by the conduct of British ships of war hovering on our coasts, was an encounter between one of them and the American frig

Instead of this reasonable step towards satisfaction and friendship between the two nations, the Orders were, at a moment when least to have been expected, put into more rigorous execution; and it was communicated through the British Envoy just arrived, that, whilst the revocation of the edicts of France, as officially made known to the British Government, was denied to have taken place, it was an indispensable condition of the repeal of the British Orders that commerce should be restored to a footing that would admit the productions and manufactures of Great Britain, when owned by neutrals, into markets shut against them by her enemy; the United States being given to understand that, in the mean time, a continuance of their non-importation act would lead to measures of retaliation.

The justice and fairness which have been evinced on the part of the United States towards France, both before and since the revocation of her decrees, authorized an expectation that her Government would have followed up that measure by all such others as were due to our reasonable claims, as well as dictated by its amicable professions. No proof, however, is yet given of an intention to repair the other wrongs done to the United States, and particularly to restore the great amount of American property seized and condemned under edicts which, though not affecting our neutral relations, and therefore not entering into questions between the United States and other belligerents, were, nevertheless, founded in such unjust principles that the reparation ought to have been prompt and ample.

In addition to this and other demands of strict right on that nation, the United States have much reason to be dissatisfied with the rigorous and unexpected restrictions to which their trade with the French dominions has been subjected; and which, if not discontinued, will require at least corresponding restrictions on importations from France into the United States.

On all those subjects, our Minister Plenipotentiary, lately sent to Paris, has carried with him the necessary instructions; the result of which will be communicated to you, and by ascertaining the ulterior policy of the French Government towards the United States, will enable you to adapt to it that of the United States towards France.

At a later date, it has indeed appeared that a communication to the British Government, of fresh evi- Our other foreign relations remain without unfavordence of the repeal of the French decrees against ourable changes. With Russia they are on the best footneutral trade, was followed by an intimation that it had ing of friendship. The ports of Sweden have afforded been transmitted to the British Plenipotentiary here, proofs of friendly dispositions towards our commerce

President's Annual Message.

NOVEMBER, 1811.

in the Councils of that nation also. And the information from our special Minister to Denmark, shows that the mission had been attended with valuable effects to our citizens, whose property had been so extensively violated and endangered by cruisers under the Danish flag.

Under the ominous indications which commanded attention, it became a duty to exert the means committed to the Executive department in providing for the general security. The works of defence on our maritime frontier have accordingly been prosecuted with an activity leaving little to be added for the completion of the most important ones; and, as particularly suited for co-operation in emergencies, a portion of the gunboats have, in particular harbors, been or dered into use. The ships of war before in commission, with the addition of a frigate, have been chiefly employed as a cruising guard to the rights of our coast. And such a disposition has been made of our land forces, as was thought to promise the services most ap. propriate and important. In this disposition is included a force, consisting of regulars and militia, embodied in the Indiana Territory, and marched towards our Northwestern frontier. This measure was made requisite by the several murders and depredations committed by Indians, but more especially by the menacing preparations and aspect of a combination of them on the Wabash, under the influence and direction of a fanatic of the Shawanese tribe. With these exceptions, the Indian tribes retain their peaceable dispositions towards us, and their usual pursuits.

I must now add that the period is arrived which claims from the Legislative guardians of the national rights a system of more ample provisions for maintaining them. Notwithstanding the scrupulous justice, the protracted moderation, and the multiplied efforts, on the part of the United States, to substitute for the accumulating dangers to the peace of the two countries, all the mutual advantages of re-established friendship and confidence, we have seen that the British Cabinet perseveres, not only in withholding a remedy for other wrongs, so long and so loudly calling for it, but in the execution, brought home to the threshold of our territory, of measures which, under existing circumstances, have the character, as well as the effect, of war on our lawful commerce.

With this evidence of hostile inflexibility, in trampling on rights which no independent nation can relinquish, Congress will feel the duty of putting the United States into an armor and an attitude demanded by the crisis, and corresponding with the national spirit and expectations.

I recommend, accordingly, that adequate provision be made for filling the ranks and prolonging the enlistments of the regular troops; for an auxiliary force, to be engaged for a more limited term; for the acceptance of volunteer corps, whose patriotic ardor may court a participation in urgent services; for detachments, as they may be wanted, of other portions of the militia; and for such a preparation of the great body as will proportion its usefulness to its intrinsic capacities. Nor can the occasion fail to remind you of the importance of those military seminaries which, in every event, will form a valuable and frugal part of our Military Establishment.

The manufacture of cannon and small arms has proceeded with due success; and the stock and resources of all the necessary munitions are adequate to emergencies. It will not be inexpedient, however, for Congress to authorize an enlargement of them.

SENATE.

Your attention will, of course, be drawn to such provisions on the subject of our naval force as may be required for the services to which it may be best adapted. I submit to Co ress the seasonableness also of an authority to augment the stock of such materials as are imperishable in their nature, or may not at once be attainable.

In contemplating the scenes which distinguish this momentous epoch, and estimating their claims to our attention, it is impossible to overlook those developing themselves among the great communities which occupy the Southern portion of our hemisphere, and extend into our neighborhood. An enlarged philanthropy, and an enlightened forecast, concur in imposing on the national Councils an obligation to take a deep interest in their destinies, to cherish reciprocal sentiments of good will, to regard the progress of events, and not to be unprepared for whatever order of things may be ultimately established.

Under another aspect of our situation, the early attention of Congress will be due to the expediency of further guards against evasions and infractions of our commercial laws. The practice of smuggling, which is odious everywhere, and particularly criminal in free Governments, where the laws being made by all for the good of all, a fraud is committed on every individual as well as on the State, attains its utmost guilt when it blends, with a pursuit of ignominious gain, a treacherous subserviency in the transgressors to a foreign policy, adverse to that of their own country. It is then that the virtuous indignation of the public should be enabled to manifest itself through the regular animadversions of the most competent laws.

To secure greater respect to our mercantile flag, and to the honest interests which it covers, it is expedient also that it be made punishable in our citizens to accept licenses from foreign Governments for a trade unlawfully interdicted by them to other American citizens; or to trade under false colors or papers of any sort.

A prohibition is equally called for against the acceptance, by our citizens, of special licenses to be used in a trade with the United States; and against the admission into particular ports of the United States of vessels from foreign countries authorized to trade with particular ports only.

Although other subjects will press more immediately on your deliberations, a portion of them cannot but be well bestowed on the just and sound policy of securing to our manufactures the success they have attained, and are still attaining, in some degree, under the impulse of causes not permanent; and to our navigation the fair extent of which it is at present abridged by the unequal regulations of foreign Governments.

Besides the reasonableness of saving our manufacturers from sacrifices which a change of circumstances might bring on them, the national interest requires that, with respect to such articles at least as belong to our defence and our primary wants, we should not be left in unnecesary dependence on external supplies. And whilst foreign Governments adhere to the existing discriminations in their ports against our navigation, and an equality or lesser discrimination is enjoyed by their navigation in our ports, the effect cannot be mistaken, because it has been seriously felt by our shipping interests; and in proportion as this takes place, the advantages of an independent conveyance of our products to foreign markets, and of a growing body of mariners, trained by their occupation for the service of their country in times of danger, must be diminished.

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Proceedings.

SENATE.

The receipts into the Treasury during the year ending on the thirtieth of September last, have exceeded thirteen millions and a half of dollars, and have enabled us to defray the current expenses, including the interest on the public debt, and to reimburse more than five millions of dollars of the principal, without recurring to the loan authorized by the act of the last session. The temporary loan obtained in the latter end of the year one thousand eight hundred and ten, has also been reimbursed, and is not included in that

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Resolved, That so much of the Message of the Presi

dent of the United States as concerns the relations between the United States and France and Great Britain, with the accompanying documents, be referred to a select committee, with instructions to examine and report thereon to the Senate, and that the committee have leave to report by bill, bills, or otherwise.

Resolved, That so much of the Message of the PresiIdent of the United States as relates to the encounter between an American frigate and a British ship of

NOVEMBER, 1811.

war, with the accompanying documents, be referred to a select committee, with instructions to examine the same and report thereon to the Senate.

Resolved, That so much of the Message of the President of the United States as relates to the evasions and infractions of the commercial laws thereof, be referred to a select committee, with instructions to examine into the subject and report thereon to the Senate, and that the committee have leave to report by bill, bills, or otherwise.

Resolved, That so much of the Message of the President of the United States as relates to the manufactures thereof, be referred to a select committee, with instructions to examine into that subject, and report thereon to the Senate, and that the committee have leave to report by bill, bills, or otherwise.,

FRIDAY, November 8.

On motion, by Mr. SMITH, of Maryland," Resolved, That Mountjoy Bayly, Doorkeeper and Sergeant at-Arms to the Senate, be, and he is hereby, authorized to employ one assistant and two horses, for the purpose of performing_such services as are usually required by the Doorkeeper to the Senate, and that the sum of twentyeight dollars be allowed him weekly for that purpose, to commence with, and remain during the session and for twenty days after.

Mr. LEIB gave notice that on Monday he should ask leave to bring in a bill to authorize the transportation of certain documents free of postage.

Mr. VARNUM submitted the following motion for consideration:

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NOVEMBER, 1811.

GILES, CRAWFORD, GREGG, FRANKLIN, LLOYD, BRADLEY, and POPE, were appointed the committee.

Proceedings.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

To the Senate of the United States:

I now lay before Congress two letters to the Depart ment of State, one from the present Plenipotentiary of France, the other from his predecessor, which were not included among the documents accompanying my Message of the 5th instant, the translation of them being not then completed. JAMES MADISON,

NOVEMBER 7, 1811.

The Message and letters therein referred to were read, and twelve hundred and fifty copies thereof ordered to be printed for the use of the Senate, and annexed to the documents with the Message of the 5th instant.

The Senate resumed the consideration of the motion submitted vesterday, "that so much of the 'Message of the President of the United States as relates to the evasions and infractions of the commercial laws thereof, be referred to a select " committee, with instructions to examine into 'the subject and report thereon to the Senate, 'and that the committee have leave to report by bill, bills, or otherwise;" and having agreed thereto, Messrs. SMITH of Maryland, TAYLOR, GILMAN, GOODRICH, and ANDERSON, were appointed the committee.

On motion by Mr. ANDERSON, the consideraation of the other resolutions submitted yesterday was postponed till Monday.

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MONDAY, November 11.

JAMES TURNER, appointed a Senator by the gislature of the State of North Carolina, for the term of six years, commencing on the 4th day of March last, produced his credentials; which were read, and the oath prescribed by law was administered to him, and he took his seat in the Senate.

Mr. LEIB asked and obtained leave to bring in a bill to authorize the transportation of certain documents free of postage; and the bill was read the first and second time by unanimous consent, and ordered to be engrossed and read a third time. The Senate resumed the consideration of the motion of the 7th instant, "that so much of the Message of the President of the United States 'as relates to the manufactures thereof, be referred to a select committee, with instructions to exam 'ine into that subject, and report thereon to the 'Senate; and that the committee have leave to ' report by bill, bills, or otherwise." And having agreed to the motion, Messrs. VARNUM, WORTHINGTON, BRADLEY, CONDIT, and DANA, were appointed the committee.

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The consideration of the other resolution, submitted the 7th instant, was further postponed.

The Senate resumed the consideration of the motion made on the 8th instant, "that so much of the Message of the President of the United 'States as relates to Indian affairs be referred to a select committee, with instructions to exam.

SENATE.

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ine into that subject, and report thereon to the Senate; and that the committee have leave to report by bill, bills, or otherwise." And having agreed thereto. Messrs. WORTHINGTON, POPE, CAMPBELL of Tennessee, CRAWFORD, and GREGG, were appointed the committee.

The Senate resumed the motion made the 8th instant, for the appointment of Chaplains, and agreed thereto.

Mr. BRADLEY presented the petition of the Directors of the Washington Canal Company, praying to be empowered by law to raise the sum of $52,500, by small annual lotteries, as authorized by an act of the Legislature of the State of Maryland, of November, 1795, to enable them to complete the canal, and to drain the ground through which it runs; and the petition was read, and ordered to lie on the table,

Mr. LLOYD presented the memorial and petition of J. and E. Phillips and others, citizens of the United States, resident in Boston, in the district of Massachusetts, importers of iron and other hardware from England, praying that provision may be made by law for the importation of such goods, wares, and merchandise, as were by them bona fide purchased on or before the 2d day of February last, in the dominions of Great Britain; or such other relief as the wisdom and justice of Congress may devise. And the petition was read, and ordered to lie on the table.

TUESDAY, November 12.

ALEXANDER CAMPBELL, from the State of Ohio, took his seat in the Senate.

Mr. GILES presented the petition of Larkin Smith, collector of the district of Norfolk and Le-Portsmouth, in Virginia, praying additional compensation, for reasons stated at large in his petition; which was read, and referred to a select committee, to consider and report thereon by bill or otherwise. Messrs. GILES, SMITH of Maryland, and BRADLEY, were appointed the committee.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to authorize the transportation of certain documents free of postage;" in which they desire the concurrence of the Senate. They concur in the resolution of the Senate, of the 11th instant, for the appointment of Chaplains.

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Proceedings.

SENATE.

E. Phillips and others, presented yesterday, was referred to a select committee, to consider and report thereon by bill or otherwise; and Messrs. LLOYD, BRADLEY, and FRANKLIN, were appointed

the committee.

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Mr. SMITH, of Maryland, submitted the following motion for consideration:

Mr. WORTHINGTON submitted the following motion for consideration:

NOVEMBER, 1811.

Resolved, That a committee be appointed to inquire if any, and, if any, what, further provision or alterations are necessary for the disposition of the public lands of the United States, and that they have leave to report by bill or otherwise.

THURSDAY, November 14.

The Senate resumed the motion made yesterday, by Mr. SMITH, of Maryland; and, on motion by Mr. LLOYD, it was agreed that the further consideration thereof be postponed until to-morrow. The Senate resumed the motion made yesterday, by Mr. WORTHINGTON; and,

Resolved, That a committee be appointed to inquire if any, and, if any, what, further provisions or alterations are necessary for the disposition of the public lands of the United States, and that they have leave to report by bill or othorwise.

Messrs. WOTHINGTON, FRANKLIN, GREGG, GOODRICH, and BRADLEY, were appointed the committee.

Mr. BRADLEY asked and obtained leave to bring in a bill for the relief of Charles Minifie; and the bill was read and passed to a second reading.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
To the Senate and House of

Representatives of the United States:

I communicate to Congress copies of a correspondence between the Envoy Extraordinary and Minister Plenipotentiary of Great Britain and the Secretary of State, relative to the aggressions committed by a British ship of war on the United States frigate Chesaference between the two countries is terminated by an peake, by which it will be seen that that subject of difoffer of reparation, which has been acceded to.

JAMES MADISON.

WASHINGTON, Nov. 13, 1811.

The Message and papers therein referred to were read and ordered to lie on the table. The following Message was also received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of

Representatives of the United States:

FRIDAY, November 15.

Resolved, That the President of the United States be requested to cause to be laid before this House, information whether tobacco of the growth of the United States may be purchased by the regie to the full extent of the consumption of France; if not, in what proportion may such tobacco be purchased by the regie; whether the supplies of tobacco imported into France (and which may be transported through France into Germany and other European States) is subjected to a transit duty; if so, what is the amount of such duty. And, to cause to be laid before this House a tariff of the duties imposed by France on such of the produce and manufactures of the United States the entry of which is permitted, and particularly of tobacco, cotton, fish oil, and dried fish, and stating (if any) the differ-read the second time, and referred to a select comence of duty charged on such goods imported from the mittee, to consider and report thereon; and on United States, and similar articles when introduced balloting, Messrs. GILES, BRADLEY, and GOODinto France from other States, either over land or RICH, were elected. otherwise.

A message from the Houre of Representatives informed the Senate that the House have appointed the Reverend Mr. SNETHEN Chaplain to Congress for the present session, on their part.

The bill for the relief of Charles Minifie was

I lay before Congres the result of the census lately taken of the inhabitants of the United States, with a letter from the Secretary of State relative thereto. JAMES MADISON.

NOVEMBER 13, 1811.

The Message and documents therein referred to were read and ordered to lie on the table.

On motion by Mr. BRADLEY, he was excused, as was also Mr. GREGG, standing the next highest on the ballot; and it was agreed that Messrs. GILES, GOODRICH, and FRANKLIN, be the committee.

The Senate resumed the motion made the 13th instant, by Mr. SMITH, of Maryland; and, on motion, by Mr. TAYLOR, it was agreed that the fur

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