suggesting to the justice and wisdom of Congress the propriety of placing them on the pension list of the United States; and the representation was read. Ordered, That it be referred to the committee appointed the 20th of December last, on the bill, entitled "An act making provision for persons that have been disabled by known wounds received in the actual service of the United States, during the Revolutionary war," to consider and report thereon. The bill for classing the militia, and assigning to each class its particular duties, was read the second time, and referred to Messrs, SMITH, of Maryland, SUMTER, ADAIR, BRADLEY, and SMITH, of New York, to consider and report thereon. The following motion was made and seconded, and ordered to lie for consideration: JANUARY, 1806. MONDAY, January 27. Mr. SMITH, of Maryland, from the committee to whom was referred, on the 22d instant the bill to empower George Rapp and his associates, in the Society of Harmony, to purchase certain lands, reported the bill amended: and the amendment was read, and ordered to lie for consideration. Mr. BRADLEY, from the committee to whom was referred, on the 23d instant the petition of Seth Harding, made report; which was read, and ordered to lie for consideration. Mr. BRADLEY, from the same committee, asked and obtained leave to report a bill for the relief of Seth Harding late a captain in the Navy of the United States; and the bill was read and ordered to the second reading. A message from the House of Representatives Resolved, That the report and estimates of the ap-informed the Senate that the House have passed propriations necessary for the year one thousand eight hundred and six, be referred to a select committee, with instructions to inquire into the specific expenditures of the respective Departments. The Senate resumed the consideration of the motion that the President of the United States be requested to communicate a copy of Mr. Monroe's letter to the Secretary of State; and, on motion it was agreed that the doors of the Senate should be closed; and, after debate, it was agreed to amend the motion as follows: Resolved, That the President of the United States be requested, if he shall judge the same to be proper, to make a further communication to the Senate of Mr. Monroe's letter to the Secretary of State, dated 18th October, 1805, with a postscript, dated 25th October, which was read in the Senate on Friday last. And, on the question to adopt the resolution as amended, it was determined in the affirmative yeas 23, nays 6, as follows: YEAS-Messrs. Adair, Adams, Baldwin, Bradley, Fenner, Gaillard, Gilman, Hillhouse, Maclay, Mitchill, Moore, Pickering, Plumer, Smith, of Maryland, Smith of New York, Smith of Ohio, Smith of Tennessee, Smith of Vermont, Sumter, Thruston, Tracy, White and Wright. NAYS-Messrs. Anderson, Condit, Kitchel, Logan, Turner, and Worthington. FRIDAY, January 24. JAMES A. BAYARD, appointed a Senator for the State of Delaware, for the term of six years, commencing on the fourth of March last, produced his credentials, which were read; and, the oath prescribed by law having been administered, he took his seat in the Senate. The following Message was received from the a bill, entitled "An act to extend jurisdiction, in certain cases, to State judges and State courts;" Also, a bill, entitled "An act authorizing a detachment from the militia of the United States;" in which bills they desire the concurrence of the Senate. The following Message was received from the 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, my Message to both Houses, of the 17th instant and the documents accompanying it, fulfil the desires of the Senate as far as it can be done by any information in my possession which is authentic and not pubTH. JEFFERSON. licly known. with JANUARY 27 1806. DEPARTMENT OF STATE, Jan. 25, 1806. The Secretary of State, to whom the President has been pleased to refer the resolution of the Senate, dated on the 10th instant, has the honor to make the following report: The most important of the principles interpolated into the law of nations, is that which appears to be maintained by the British Government, and its prize courts, that a trade opened to the neutrals by a nation at war, on account of the war, is unlawful. The principle has been relaxed from time to time, by orders allowing as favors to neutrals, particular branches of trade, disallowed by the general principle; which orders have also, in some instances, extended the modifications of the principle beyond its avowed import. In like manner, the last of these orders, bearing date the 24th of June, 1803, has incorporated with the reAccording to the request of your resolution of yes-laxation a collateral principle, which is itself an interterday, I again communicate the letter of the Minister Plenipotentiary of the United States at London, to the Secretary of that Government for Foreign Affairs, dated October 18th, 1805, with a postscript of October 25th, but still in confidence that the matter of it shall not be made public. JANUARY 24, 1806. TH. JEFFERSON. The Message and paper were read and ordered to lie for consideration. polation, namely, that a vessel on a return voyage is liable to capture by the circumstance of her having on the outward voyage, conveyed contraband articles to an enemy's port. How far a like penalty attached by the same order to the circumstance of a previous communication with a blockaded port, would likewise be an interpolation, may depend upon the construction under which that part of the order has been, or is to be carried into execution. The general principle first above stated, as lately applied to re-exportations of articles imported into neutral countries from hostile colonies, or vice versa, by considering the re-exportation in many cases, as a continuation of the original voyage, forms another interpolation, deeply affecting the trade of neutrals. For a fuller view of this and some other interpolations, references may be had to the documents communicated with the message to Congress of the 17th instant. The British principle, which makes a notification to foreign Governments of an intended blockade, equivalent to notice required by the law of nations, before the penalty can be incurred; and that which subjects to capture vessels arriving at a port, in the interval between a removal and return of the blockading force, are other important deviations from the code of public law. Another unjustifiable measure is the mode of search practised by the British ships, which instead of remaining at a proper distance from the vessel to be searched and sending their own boat with a few men for the purpose, compel the vessel to send her papers in her own boat, and sometimes with great danger from the condition of the boat, and the state of the weather. SENATE. punishment of persons counterfeiting the current coin of the United States, and for other purposes. The bills yesterday brought up from the House of Representatives for concurrence, were severally read and ordered to the second reading. Mr. WORTHINGTON gave notice that he would, to-morrow, ask leave to bring in a bill explanatory of the act, entitled "An act further providing for the government of the District of Louisiana," and the ordinance of Congress of 13th July, 1787. The PRESIDENT communicated the report of the Secretary of State, made in pursuance of the resolution of Senate of 2d March last; and the report was read and ordered to lie for consideration. The bill to repeal in part the fourth section of an act, entitled "An act to authorize a grant of lands to the French inhabitants of Galliopolis, and for other purposes therein mentioned," was resumed, as in Committee of the Whole; and having been reported to the House without amendment, Ordered, That this bill pass to the third reading. The bill making a further appropriation for the To these instances, without adverting to others of an inferior or less definite character, in the practice of Great Britain, must be added the assumed right to im-support of the library, was resumed as in Committee of the Whole; and having been amended, press persons from American vessels, sailing under the American flag, on the high seas. An explanation of Was reported to the House, and, this practice will be found in the extract from the instructions to Mr. Monroe, communicated with the message of the President above referred to. Among the interpolations introduced by the French Government, is a decree, dated June 6, (18 Prairial, year 13,) importing that every privateer of which twothirds of the crew should not be natives of England, or subjects of a Power the enemy of France, shall be considered as pirates. Another is evidenced by the result of an application made by the deputy consul of the United States at Cadiz, through the French consul, to Admiral Villeneuve, for the liberation of some seamen of the United States who were on board the French fleet under his Ordered, That this bill pass to the third reading as amended. The bill for the relief of Seth Harding, late a Captain in the Navy of the United States, was read a second time, as in Committee of the Whole. Ordered That the further consideration of this bill be postponed. The Senate resumed the consideration of the report of the committee to whom was recommitted the bill to empower George Rapp and his associates, of the Society of Harmony, to purchase certain lands; and having adopted the amendment, Ordered, That this bill pass to the third read The Senate resumed the consideration of the motion made on the 22d instant, that it be command. The answer of the Admiral, dated 29th Au-ing, as amended. Other unjustifiable innovations on the law of nations, are exemplified in the decree of General Ferrand, lately passed at the city of St. Domingo, a translation of which is annexed. The irregular mode of search above described is also practised by the cruisers of France and Spain. The cruisers of the two latter Powers have harassed the commerce of the United States in various other forms, but as it is not known or believed that their conduct has been prescribed or sanctioned by the public authority of their respective nations, they are not considered as falling within the purview of the resolution of the Senate. JAMES MADISON. Resolved, That the report and estimates of the appropriations necessary for the year 1806, be referred to a select committee, with instructions to inquire into the specific expenditures of the respective departments; And agreed thereto; and Ordered, That Messrs. TRACY, BALDWIN, ANDERSON, MITCHILL, and SMITH, of Maryland, be the committee to report thereon. Mr. LOGAN presented the memorial and petition of the President and Directors of the Chesapeake and Delaware Canal Company, stating the importance thereof to the public, and praying the protection and aid of Congress in the completion of the work; and the petition was read and referred to Messrs. LOGAN, BAYARD, and BRADLEY, to consider and report thereon. Ordered, That so much of the President's Message of the 17th instant, and the papers accompanying the same, as relates to the spoliations of our commerce on the high seas, and informs us of the new principles assumed by the British Courts of Admiralty, as a pretext for the condemnations SENATE. Trade with St. Doraingo-Defence of New York. of our vessels in their prize courts, be referred to the committee to whom was referred, on the 15th instant, that part of the President's Message relating thereto. Mr. SMITH, of Ohio, from the committee to whom was referred, on the 22d instant, the bill authorizing the sale of a certain lot of land, reported amendments; which were read and ordered to lie for consideration. TRADE WITH ST. DOMINGO. Mr. LOGAN, to whom was referred, on the 16th instant the bill to suspend, the commercial intercourse between the United States and the French island of St. Domingo, reported the same amended; which was ordered to lie for consideration. The bill is as follows: A Bill to suspend the commercial intercourse between the United States and certain parts of the island of St. Domingo. Be it enacted &c., That all commercial intercourse between any person or persons resident within the United States, and any person or persons resident within any part of the island of St. Domingo, not in possession, and under the acknowledged Government of France, shall be, and from and after due notice of this act at the custom houses respectively, is hereby prohibited. And any ship or vessel, owned, hired or employed, wholly or in part, by any person or persons resident within the United States, or by any citizen or citizens thereof, resident elsewhere, and sailing from any port of the United States after that time, or from any other port in America, after the - day ofnext; or from any other port whatever, after the day of next; which, contrary to the intent hereof, shall be voluntarily carried, or shall be destined to proceed, whether directly, or from any intermediate port or place, to any port or place within the island of St. Domingo, and not in possession, and under the acknowledged Government of France; and also any cargo which shall be found on board of such ship or vessel, when detected or interrupted in such unlawful purpose, or at her return from such voyage to the United States, shall be wholly forfeited, and may be seized and condemned in any court of the United States. SEC. 2. And be it further enacted, That after due notice of this act at the several custom houses, no ship or vessel whatever shall receive a clearance for any port or place within the island of St. Domingo, and not in the actual possession of France: nor shall any clearance be granted for a foreign voyage to any ship or vessel, owned, hired or employed, wholly or in part, by any person or persons, resident in the United States, or by any citizen or citizens thereof resident elsewhere, until the owner or the employer for the voyage, or his factor or agent, with the master, and one or more sufficient surety or sureties, to the satisfaction of the collector of the district, shall give bond to the United States; such owner, employer or factor, with the master, in a sum equal to the value of the vessel and of her cargo; and such surety or sureties in a sum equal to the value of the vessel and of one-third of her cargo, when it shall not exceed ten thousand dollars; and if it shall exceed, then in that sum, with condition that the ship or vessel, for which a clearance shall be required, is actually destined, and shall proceed to some port or place without the limits of such part of the island of St. Domingo, as shall not be in the actual possession, and under the acknowledged Government of JANUARY, 1806. France, and during the intended voyage shall not be voluntarily carried or permitted to proceed, whether, directly, or from any intermediate port or place, to any port or place within such part of the island of St. Domingo, as shall not be in the actual possession, and under the acknowledged Government of France, and shall not, at any such port or place, voluntarily sell, deliver, or unlade any part of such cargo; and generally that such ship or vessel, whilst on such voyage, shall not be employed in any traffic or commerce with or for any person resident within any part of the island of St. Domingo, not in the actual possession, and under the acknowledged Government of France. ties and forfeitures incurred by force of this act, and SEC. 3. And be it further enacted, That all penalwhich may be recovered, shall be distributed, and accounted for, in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage ;" and may be mitigated or remitted in the manner prescribed by the act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties and disabilities, accruing in certain cases therein mentioned." DEFENCE OF NEW YORK. Mr. MITCHILL, from the committee to whom was referred the memorial of the merchants of New York, submitted a report on that part of the same which relates to the "defenceless situation of the port of New York;" which was ordered to lie for consideration. The report is as follows: Early in the history of North America, the harbor of New York was discovered by the Dutch to be a convenient place of resort for ships. Subsequent experience has proved the judgment of the Hollanders to have been good. The place where the North river forms a junction with Long Island Sound, is as well, if not better, adapted to navigation and trade, than any which the Atlantic coast affords. The city, at the head of the harbor, is about twentyseven miles from the ocean. The ebb and flow of the tide is about six feet. The saltness of the water is not much inferior to that of the neighboring sea. The harbor is a bay, or basin, surrounded chiefly by islands, though the space from the foot of the Neversink hills to the river Raritan, and another space, from Bergen Point to Hoboken, are parts of the main land which skirt the shores between the insular positions. The land is mostly low, and is composed principally of gravel, sand, and loam; and in certain spots strata of solid granite appear. The island of Sandy Hook, where the light-house stands, is little more than a beach, rising not far above the level of spring tides. Staten Island swells into moderate hills, and presents, especially on its eastern side, several bold elevations. Long Island, whose western extremity loses its ridges and hills in the plains of Flatlands and New Utrecht, still retains at the Narrows, where its cliffs are somewhat abrupt and prominent, several positions of considerable strength. In these shores of the two last mentioned islands, the army of the enemy was landed in 1776, and a repetition of such an invasion, might be discouraged by the erection of suitable works to oppose it. Governor's Island has been already much improved by military works, and is the spot on which Fort Jay, and the principal other fortifications, have been erected. Bedlow Island, though very small, has also been considered proper for defensive operations, and in some degree prepared to annoy an enemy. On Manhattan Island, where the city of New York stands, there was once a fort and battery. These have been demolished of late years, under a conviction of their unfitness, as have likewise some more recent breast-works and parapets, which, though constructed but eight or nine years ago, were, within a twelvemonth, destroyed by the people who made them. Between these islands there are deep channels, and rapid currents. Ships of large force may be brought in from the sea, and anchored in safety abreast of the town. And having once reached that station, there is water enough to convey frigates, or even larger ships, quite to the city of Hudson. To the saltness, depth, and swiftness of the current, is to be ascribed the openness of the harbor of New York during the winter. In 1780, its surface was covered by a thick, strong, covering of ice. The like has never happened since, not even during the rigorous winter of 1805; and it is remarkable, that, while the Delaware, Patapsco, and Potomac, are frozen, and Philadelphia, Baltimore, and Alexandria, are secured thereby from the fleets of an invader, the bay of New York, though situated further to the northward, possesses, commonly, no such protection, but is accessible from the ocean with but trifling impediment. The insecurity of the city is evinced by other facts. With a small squadron of ships, in 1674, the English took it from the Dutch. Shortly afterwards, it was retaken with almost equal ease. No cause of attack occurring until the commencement of the Revolutionary war, it was found utterly incapable of defence against a hostile fleet and army, in 1776, and abandoned to the enemy by the troops arrayed for its protection; and that very foe, which then gained the possession, held it as a garrison until 1783, when, on its evacuation, the inhabitants were enabled to return to their homes, after an exile of seven long years. Since the Revolution, New York has greatly increased in population, extent, capital, and enterprise. The memorialists state, that, there one-third of the national revenue is collected. They hope so important a seaport may be thought worthy of an efficient defence. And they beg that a portion of the public treasure, accumulated in that place, may be expended in rendering both that treasure and the city in which it is kept, more secure. SENATE. to a moderate amount, for making further military improvements on the sites already purchased, and which the State may hereafter purchase and surrender; in full confidence at the same time, that a due proportion of the heavy artillery, armed ships, and gun-boats of the nation, will be stationed at the harbor of New York. Under these impressions the following proposition is submitted: "Resolved, That it is expedient to appropriate the sum of $, to be laid out in such manner, and under such direction, as Congress shall judge proper, in fortifying the harbor and city of New York." The committee have deemed it to be within the limits assigned them, to recommend another proposition, in favor of the capital of South Carolina : "Resolved, That it is expedient to appropriate the sum of $— to be laid out in such manner, and under such regulations, as Congress shall judge proper, in fortifying the port of Charleston, in South Carolina." And for the purpose of providing for other defenceless places, if any such there be, the committee submit another proposition: 66 Resolved, That it is expedient to appropriate the sum of $, to be laid out in fortifying such ports and harbors, other than New York and Charleston, as the President of the United States shall think most conducive to the public security. On motion, that the third reading of the bill entitled "An act making provision for defraying any extraordinary expenses attending the intercourse between the United States and foreign nations," be postponed, the Senate were equally divided: yeas 15; nays 15; and the question of postponement was determined by the President in the affirmative. WEDNESDAY, January 29. Agreeably to notice given yesterday, Mr. WORTHINGTON asked and obtained leave to bring in a bill explanatory of the act, entitled "An act further providing for the government of the district of Louisiana," and the ordinance of Congress of the 13th of, July, 1787; and the bill was read and ordered to the third reading. The bill, entitled "An act to extend juris liction, in certain cases, to State judges and State courts,' was read the second time, and referred to Messrs. MITCHILL, TRACY, and BALDWIN, to consider and For the further information of the Senate, the committee beg leave to observe, that, a piece of land has been already purchased by the State, on Staten Island, comprehending the high points on which the signal-report thereon. poles of the merchants are erected. The greater part of Governor's Island is understood to be the property of the State, a small part of it, only, having been purchased by the nation. On these parcels of ground, the labor of constructing works is the principal matter of expense; and it is in this posture of affairs, that the memorialists, after the State has done so much, ask the nation to bear a proportional part of the charge necessary to provide more formidable means of defence and offence. Extravagant estimates have been made by certain jobbers and projectors. Artificial islands, and immense piers, and enormous floating batteries, and vast chevaux-de-frises, have been talked of-enough to absorb the whole revenue, and to terrify all sober calculators of the cost. The committee have dismissed those schemes as favoring rather of the visionary and magnificent, than of the useful and feasible. They content themselves with recommending an appropriation, The bill, entitled "An act authorizing a detachment from the militia of the United States," was read the second time, and referred to Messrs. SUMTER, SMITH, of Maryland, and BALDWIN, to consider and report thereon. The Senate resumed the consideration of the bill for the relief of Seth Harding, late a Captain tee of the Whole, and the bill having been reportin the Navy of the United States, as in Commited to the House without amendment. Ordered, That it pass to a third reading. The bill to empower George Rapp and his associates, of the Society of Harmony, to purchase certain lands, was read the third time, and passed. The Senate resumed the consideration of the bill for the protection and indemnification of American seamen, as in Committee of the Whole; and the further consideration of the bill was postponed. SENATE. Proceedings. JANUARY, 1806. The PRESIDENT communicated a letter from bill authorizing the sale of a certain lot of land, the Treasurer of the United States, with his gen-as in Committee of the Whole; and the amenderal account from October 1, 1804, to October 1, 1805; also, the accounts of the War and Navy Departments for the same period; which were read, and ordered to lie on the table. The following Message was received from the President of the United States: To the Senate and House of Representatives : Having received from sundry merchants of Baltimore, a memorial on the same subject with those which I communicated to Congress with my message of 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. JANUARY 29, 1806. The Message and paper therein mentioned were read, and referred, together with the message received on the 17th instant, to Messrs. SMITH of Maryland, MITCHILL, ANDERSON, LOGAN, TRACY, ADAMS, and BALDWIN, the committee to whom was referred, on the 15th instant, that part of the Message of the President of the United States, at the opening of the session, which relates to the violations of neutral rights. THURSDAY, January 30. The bill explanatory of the act, entitled "An act further providing for the government of the district of Louisiana," and the ordinance of Congress of the 13th of July, 1787, was read the second time, and referred to Messrs. WORTHINGON, MOORE, and TRACY, to consider and report thereon. ments proposed having been adopted, the bill was reported to the House with the amendments. Ordered, That this bill pass to a third reading as amended. Resolved, That provision ought to be made by law for the compensation of the witnesses who attended, under process, the trial of the impeachment of Samuel Chase, one of the Judges of the United States; and Ordered, That Messrs. BAYARD, BALDWIN, and ANDERSON, be a committee to bring in a bill accordingly. The Senate resumed the consideration of the bill for the protection and indemnification of American seamen. Ordered, That it be referred to Messrs. WRIGHT, BALDWIN, TRACY, LOGAN, and SMITH, of Maryland, to consider and report thereon. The third reading of the bill for the relief of Seth Harding, late a Captain in the Navy of the United States, was resumed, and the further consideration of the bill was postponed to Monday next. The bill to repeal, in part, the fourth section of an act, entitled "An act to authorize a grant of lands to the French inhabitants of Galliopolis, and for other purposes therein mentioned," was read the third time, and passed. The bill making a further appropriation for the support of the library was read the third time, and passed. A message from the House of Representatives informed the Senate that the House have passed The Senate resumed the consideration of the a bill, entitled "An act to repeal so much of any amendment reported to the bill to suspend the act or acts as authorize the receipt of evidences of commercial intercourse between the United States the public debt, in payment for lands of the Uniand the French island of St. Domingo, as in Com-ted States, and for other purposes, relative to the mittee of the Whole, and the further consideration public debt;" in which they desire the concurrence thereof was made the order of the day for Mon- of the Senate. day next. The bill for the relief of Seth Harding, late a Captain in the Navy of the United States, was read the third time and amended, and a further amendment proposed. The bill, entitled "An act making provision for defraying the extraordinary expenses attending the intercourse between the United States and foreign nations," was read the third time. A motion was made to amend the bill; after debate, Ordered, That the further consideration thereof be postponed until to-morrow FRIDAY, January 31. Mr. MACLAY, from the committee to whom was referred, on the 22d instant, the bill entitled "An act for the relief of the Governor, Secretary, and Judges, of the late territory of the United States northwest of the river Ohio," reported the same without amendment. Ordered, That this bill pass to a third reading. The Senate resumed the consideration of the report of the committee to whom was referred the Agreeably to notice given on the 28th instant, Mr. LOGAN asked and obtained leave to bring in a bill for the punishment of persons counterfeiting the current coin of the United States, and for other purposes; and the bill was read, and ordered to the second reading. The third reading of the bill, entitled "An act making provision for defraying any extraordinary expenses attending the intercourse between the United States and foreign nations," was resumed; and, on the question to amend the bill, as follows: After the words "United States," sec. 1, insert "for the purpose of obtaining by negotiation, or otherwise, as he may deem most expedient, the free navigation of the river St. Lawrence, as His Britannic Majesty's territory, lying south and east thereof, or any other territory lying east of the Mississippi, and south of the aforesaid river St. Lawrence not owned or possessed by citizens of the United States." It was determined in the negative-yeas 10, nays 21, as follows: YEAS-Messrs. Adams, Bayard, Bradley, Hillhouse, Pickering, Plumer, Smith of Vermont, Tracy, White, and Wright. |