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Discovering Diverse Content Through
Random Scribd Documents
 “Gentlemen: It has been my constant endeavor to perform
faithfully the promise made to you two years ago, to discharge the
trust reposed in me with industry and fidelity. For the resolution
which you have this minute passed, I earnestly beg of you to accept
my sincere thanks; permit me also to assure you, that it will be
always remembered with gratitude. I wish you safe home, and a
happy meeting with your friends.”

Mr. Varnum, from the committee appointed on the part of this

House, jointly with the committee appointed on the part of the
Senate, to wait on the President of the United States, and notify him
of the proposed recess of Congress, reported that the committee
had performed that service, and that the President signified to them
he had no farther communication to make during the present
session.
Ordered, That a message he sent to the Senate to inform them
that this House, having completed the business before them, are
now about to adjourn without day; and that the Clerk of this House
do go with the said message. The Clerk accordingly went with the
said message; and, being returned, Mr. Speaker adjourned the House
sine die.
 TENTH CONGRESS.—FIRST
SESSION.
BEGUN AT THE CITY OF WASHINGTON, OCTOBER 26, 1807
PROCEEDINGS IN THE SENATE.

LIST OF MEMBERS OF THE SENATE.

New Hampshire.—Nicholas Gilman, Nahum Parker.
Massachusetts.—John Quincy Adams, Timothy Pickering.
Vermont.—Stephen R. Bradley, Jonathan Robinson.
Rhode Island.—Benjamin Howland, Elisha Mathewson
Connecticut.—James Hillhouse, Chauncey Goodrich.
New York.—Samuel L. Mitchill.
New Jersey.—John Condit, Aaron Kitchel.
Pennsylvania.—Samuel Maclay, Andrew Gregg.
Maryland.—Samuel Smith, Philip Reed.
Delaware.—Samuel White, James A. Bayard.
Virginia.—Andrew Moore, William B. Giles.
North Carolina.—James Turner, Jesse Franklin.
South Carolina.—Thomas Sumter, John Gaillard.
Georgia.—John Milledge, (Geo. Jones,) Wm. H. Crawford.
Ohio.—Edward Tiffin, John Smith.
Kentucky.—Buckner Thruston, John Pope.
 Tennessee.—Joseph Anderson, Daniel Smith.

A PROCLAMATION
By the President of the United States of America.

Whereas great and weighty matters claiming the consideration of

the Congress of the United States form an extraordinary occasion for
convening them, I do by these presents appoint Monday the twenty-
sixth day of October next for their meeting at the City of
Washington; hereby requiring the respective Senators and
Representatives then and there to assemble in Congress, in order to
receive such communications as may then be made to them, and to
consult and determine on such measures as in their wisdom may be
deemed meet for the welfare of the United States.
In testimony whereof, I have caused the seal of the United States
to be hereunto affixed, and signed the same with my hand.
Done at the city of Washington, the thirtieth day of July, in the
year of our Lord one thousand eight hundred and seven, and in the
thirty-second year of the Independence of the United States.
[L.S.]
TH. JEFFERSON.
By the President:
James Madison, Secretary of State.

Monday, October 26, 1807.

Conformably to the above Proclamation of the President of the
United States, of the 30th July last, the First Session of the Tenth
Congress commenced this day, at the city of Washington, and the
Senate assembled, in their Chamber, in the Capitol.
 PRESENT:
George Clinton, Vice President of the United States, and President
of the Senate.
Nicholas Gilman, from New Hampshire.
John Quincy Adams and Timothy Pickering, from Massachusetts.
Benjamin Howland, from Rhode Island.
Stephen R. Bradley, from Vermont.
Samuel L. Mitchill, from New York.
John Condit and Aaron Kitchel, from New Jersey.
Samuel Maclay and Andrew Gregg, from Pennsylvania.
Samuel White, from Delaware.
Samuel Smith and Philip Reed, from Maryland.
James Turner, from North Carolina.
Thomas Sumter, from South Carolina.
John Milledge, from Georgia.
Buckner Thruston, from Kentucky.
Joseph Anderson and Daniel Smith, from Tennessee.
Jesse Franklin, appointed a Senator by the Legislature of the State
of North Carolina, for the term of six years, commencing on the
fourth day of March last; George Jones, appointed a Senator by the
Executive of the State of Georgia, to fill the vacancy occasioned by
the death of Abraham Baldwin; Nahum Parker, appointed a Senator by
the Legislature of the State of New Hampshire, for the term of six
years, commencing on the fourth day of March last; Jonathan
Robinson, appointed a Senator by the Legislature of the State of
Vermont, to supply the place of Israel Smith, whose seat has
become vacant; and Edward Tiffin, appointed a Senator by the
Legislature of the State of Ohio, for the term of six years,
commencing on the fourth day of March last, respectively took their
seats, and produced their credentials, which were read; and the oath
prescribed by law was administered to them.
John Pope, appointed a Senator by the State of Kentucky, for the
term of six years, commencing on the fourth of March last, stated
that the Governor and Secretary being absent when he left home, he
came to the seat of Government without his credentials; but that he
expected they would be speedily forwarded to him: whereupon, he
took his seat in the Senate, and the oath was administered to him as
the law prescribes. The oath was also administered to Messrs.
Bradley, Gregg, Milledge, and Reed, their credentials having been read
and filed during the last session.
Ordered, That the Secretary acquaint the House of
Representatives that a quorum of the Senate is assembled, and
ready to proceed to business.
Ordered, That Messrs. Anderson and Bradley be a committee on the
part of the Senate, together with such committee as the House of
Representatives may appoint on their part, to wait on the President
of the United States, and notify him that a quorum of the two
Houses is assembled, and ready to receive any communications that
he may be pleased to make to them.
On motion, it was
Resolved, That each Senator be supplied, during the present
session, with three such newspapers, printed in any of the States, as
he may choose; provided that the same be furnished at the usual
rate for the annual charge of such papers; and provided, also, that if
any Senator shall choose to take any newspapers, other than daily
papers, he shall be supplied with as many such papers as shall not
exceed the price of three daily papers.
On motion, it was
Resolved, That James Mathers, Sergeant-at-Arms and Doorkeeper 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 twenty-eight dollars be allowed him, weekly, for that purpose, to
commence with and remain during the session, and for twenty days
after.
On motion, it was
Resolved, That two Chaplains, of different denominations, be
appointed to Congress during the present session, one by each
house, who shall interchange weekly.
Ordered, That the Secretary desire the concurrence of the House
of Representatives in this resolution.
A message from the House of Representatives informed the
Senate that a quorum of the House of Representatives is assembled,
and have elected Joseph B. Varnum, one of the Representatives for
Massachusetts, their Speaker, and are ready to proceed to business.
They have appointed a committee on their part, jointly with the
committee appointed on the part of the Senate, to wait on the
President of the United States, and notify him that a quorum of the
two Houses is assembled, and ready to receive any communications
that he may be pleased to make to them.
The Senate adjourned to 11 o’clock to-morrow morning.

Tuesday, October 27.

Mr. Anderson reported, from the joint committee, that they had
waited on the President of the United States, agreeably to the
resolution of yesterday, and that the President informed the
committee that he would make a communication to the two Houses
this day, at 12 o’clock.

President’s Annual Message.

The following Message was received from the President of the

United States:
To the Senate and House of Representatives of the United States:
Circumstances, fellow-citizens, which seriously threatened the
peace of our country, have made it a duty to convene you at an
earlier period than usual. The love of peace, so much cherished in
the bosoms of our citizens, which has so long guided the
proceedings of their public councils, and induced forbearance under
so many wrongs, may not ensure our continuance in the quiet
pursuits of industry. The many injuries and depredations committed
on our commerce and navigation upon the high seas for years past,
the successive innovations on those principles of public law which
have been established by the reason and usage of nations as the
rule of their intercourse, and the umpire and security of their rights
and peace, and all the circumstances which induced the
extraordinary mission to London, are already known to you. The
instructions given to our Ministers were framed in the sincerest spirit
of amity and moderation. They accordingly proceeded, in conformity
therewith, to propose arrangements which might embrace and settle
all the points in difference between us, which might bring us to a
mutual understanding on our neutral and national rights, and
provide for a commercial intercourse on conditions of some equality.
After long and fruitless endeavors to effect the purposes of their
mission, and to obtain arrangements within the limits of their
instructions, they concluded to sign such as could be obtained, and
to send them for consideration, candidly declaring to their other
negotiators at the same time that they were acting against their
instructions, and that their Government therefore could not be
pledged for ratification. Some of the articles proposed might have
been admitted on a principle of compromise, but others were too
highly disadvantageous; and no sufficient provision was made
against the principal source of the irritations and collisions which
were constantly endangering the peace of the two nations. The
question, therefore, whether a treaty should be accepted in that
form, could have admitted but of one decision, even had no
declarations of the other party impaired our confidence in it. Still
anxious not to close the door against friendly adjustment, new
modifications were framed, and further concessions authorized than
could before have been supposed necessary; and our Ministers were
instructed to resume their negotiations on these grounds. On this
new reference to amicable discussion we were reposing in
confidence, when, on the 22d day of June last, by a formal order
from a British Admiral, the frigate Chesapeake, leaving her port for a
distant service, was attacked by one of those vessels which had
been lying in our harbors under the indulgences of hospitality, was
disabled from proceeding, had several of her crew killed, and four
taken away. On this outrage no commentaries are necessary. Its
character has been pronounced by the indignant voice of our citizens
with an emphasis and unanimity never exceeded. I immediately, by
proclamation, interdicted our harbors and waters to all British armed
vessels, forbade intercourse with them; and, uncertain how far
hostilities were intended, and the town of Norfolk, indeed, being
threatened with immediate attack, a sufficient force was ordered for
the protection of that place, and such other preparations
commenced and pursued as the prospect rendered proper. An armed
vessel of the United States was despatched with instructions to our
Ministers at London to call on that Government for the satisfaction
and security required by the outrage. A very short interval ought
now to bring the answer, which shall be communicated to you as
soon as received; then, also, or as soon after as the public interests
shall be found to admit, the unratified treaty and proceedings
relative to it, shall be made known to you.
The aggression thus begun has been continued on the part of the
British commanders, by remaining within our waters in defiance of
the authority of the country, by habitual violations of its jurisdiction,
and, at length, by putting to death one of the persons whom they
had forcibly taken from on board the Chesapeake. These
aggravations necessarily lead to the policy either of never admitting
an armed vessel into our harbors, or of maintaining in every harbor
such an armed force as may constrain obedience to the laws, and
protect the lives and property of our citizens against their armed
guests. But the expense of such a standing force, and its
inconsistence with our principles, dispense with those courtesies
which would necessarily call for it, and leave us equally free to
exclude the navy as we are the army of a foreign power from
entering our limits.
To former violations of maritime rights another is now added of
very extensive effect. The Government of that nation has issued an
order interdicting all trade by neutrals between ports not in amity
with them. And being now at war with nearly every nation on the
Atlantic and Mediterranean seas, our vessels are required to sacrifice
their cargoes at the first port they touch, or to return home without
the benefit of going to any other market. Under this new law of the
ocean, our trade on the Mediterranean has been swept away by
seizures and condemnations, and that in other seas is threatened
with the same fate.
Among our Indian neighbors in the North-western quarter, some
fermentation was observed soon after the late occurrences,
threatening the continuance of our peace. Messages were said to be
interchanged, and tokens to be passing, which usually denote a
state of restlessness among them, and the character of the agitators
pointed to the sources of excitement. Measures were immediately
taken for providing against that danger; instructions were given to
require explanations, and, with assurances of our continued
friendship, to admonish the tribes to remain quiet at home, taking
no part in quarrels not belonging to them. As far as we are yet
informed, the tribes in our vicinity, who are most advanced in the
pursuits of industry, are sincerely disposed to adhere to their
friendship with us, and to their peace with all others. While those
more remote do not present appearances sufficiently quiet to justify
the intermission of military precaution on our part.
The great tribes on our South-western quarter, much advanced
beyond the others in agriculture and household arts, appear tranquil,
and identifying their views with ours, in proportion to their
advancement. With the whole of these people, in every quarter, I
shall continue to inculcate peace and friendship with all their
neighbors, and perseverance in those occupations and pursuits
which will best promote their own well-being.
The appropriations of the last session for the defence of our
seaport towns and harbors, were made under expectation that a
continuance of our peace would permit us to proceed in that work
according to our convenience. It has been thought better to apply
the sums then given toward the defence of New York, Charleston,
and New Orleans, chiefly, as most open and most likely first to need
protection, and to leave places less immediately in danger to the
provisions of the present session.
The gunboats, too, already provided, have, on a like principle,
been chiefly assigned to New York, New Orleans, and the
Chesapeake. Whether our movable force on the water, so material in
aid of the defensive works on the land, should be augmented in this
or any other form, is left to the wisdom of the Legislature. For the
purpose of manning these vessels, in sudden attacks on our harbors,
it is a matter of consideration whether the seamen of the United
States may not justly be formed into a special militia, to be called on
for tours of duty in defence of the harbors where they shall happen
to be; the ordinary militia of the place furnishing that portion which
may consist of landsmen.
I informed Congress at their last session of the enterprises against
the public peace, which were believed to be in preparation by Aaron
Burr and his associates, of the measures taken to defeat them, and
to bring the offenders to justice. Their enterprises were happily
defeated by the patriotic exertions of the militia whenever called into
action, by the fidelity of the Army and energy of the Commander-in-
chief, in promptly arranging the difficulties presenting themselves on
the Sabine, repairing to meet those arising on the Mississippi, and
dissipating, before their explosion, plots engendering there. I shall
think it my duty to lay before you the proceedings, and the evidence
publicly exhibited on the arraignment of the principal offenders
before the circuit court of Virginia. You will be enabled to judge
whether the defect was in the testimony, in the law, or in the
administration of the law, and wherever it shall be found, the
Legislature alone can apply or originate the remedy.[50] The framers
of our constitution certainly supposed they had guarded, as well
their Government against destruction by treason, as their citizens
against oppression, under pretence of it; and if these ends are not
attained, it is of importance to inquire by what means more effectual
they may be secured.
The accounts of the receipts of revenue during the year ending on
the thirtieth day of September last, being not yet made up, a correct
statement will be hereafter transmitted from the Treasury. In the
mean time, it is ascertained that the receipts have amounted to near
sixteen millions of dollars, which, with the five millions and a half in
the Treasury at the beginning of the year, have enabled us, after
meeting the current demands and interest incurred, to pay more
than four millions of the principal of our funded debt. These
payments, with those of the preceding five and a half years, have
extinguished of the funded debt twenty-five millions and a half of
dollars, being the whole which could be paid or purchased within the
limits of the law and of our contracts, and have left us in the
Treasury eight millions and a half of dollars.
Matters of minor importance will be the subjects of future
communications, and nothing shall be wanting on my part which
may give information or despatch to the proceedings of the
Legislature in the exercise of their high duties, and at a moment so
interesting to the public welfare.
TH. JEFFERSON.
October 27, 1807.

The Message was read, and three hundred copies thereof,

together with the documents therein referred to, ordered to be
printed for the use of the Senate.

Thursday, October 29.

 James Hillhouse, from the State of Connecticut, attended.

Monday, November 2.
John Gaillard, appointed a Senator by the Legislature of the State
of South Carolina, for the term of six years, commencing on the
fourth day of March last, and John Smith, appointed a Senator by the
Legislature of the State of New York, for the term of six years,
commencing on the fourth day of March last, respectively took their
seats, and the oath prescribed by law was administered to them:
their credentials having been read and filed during the last session.
On motion, by Mr. Milledge, it was
Resolved, That the members of the Senate, from a sincere desire
of showing every mark of respect due to the memory of the
Honorable Abraham Baldwin, deceased, late a member thereof, will go
into mourning for him one month, by the usual mode of wearing a
crape round the left arm.
On motion, by Mr. Hillhouse, it was
Resolved, That the members of the Senate from a sincere desire
of showing every mark of respect due to the memory of the
Honorable Uriah Tracy, deceased, late a member thereof, will go into
mourning for him one month, by the usual mode of wearing a crape
round the left arm.

Tuesday, November 3.
Andrew Moore, from the State of Virginia, attended.
The President communicated a letter, signed William Eaton,
enclosing the translation of a petition of Hamet Bashaw Caramalli,
stating his services and sufferings in behalf of the United States, in
which, relying on promises of remuneration, he hath exposed his
life, and sacrificed all his means, and praying relief; and the petition
was read, and ordered to lie for consideration.
 Thursday, November 5.

Removal of Federal Judges on Address from Congress.

Mr. Tiffin submitted the following motion for consideration:

Resolved, by the Senate and House of Representatives of the

United States of America in Congress assembled, two-thirds of both
Houses concurring, That the following section be submitted to the
Legislatures of the several States, which, when ratified and
confirmed by the Legislatures of three-fourths of the said States,
shall be valid and binding, as a part of the Constitution of the United
States, in lieu of the first section of third article thereof:
“The judicial power of the United States shall be vested in one
Supreme Court, and in such inferior courts as the Congress may,
from time to time, ordain and establish. The judges, both of the
Supreme and inferior courts, shall hold their offices for —— years,
shall be removed by the President on the address of two-thirds of
both Houses of Congress requesting the same, and shall, at stated
times, receive for their services a compensation, which shall not be
diminished during their continuance in office.”

Monday, November 9.
Mr. Pope, appointed a Senator by the State of Kentucky, produced
his credentials, which were read and ordered to lie on file.

Friday, November 13.

Slavery in Indiana Territory.

Mr. Franklin, from the committee to whom were referred, on the

7th instant, the resolutions of the Legislative Council and House of
Representatives of the Indiana Territory, on the propriety of
suspending the sixth article of compact contained in the Ordinance
for the government of the North-western Territory, passed the 13th
day of July, 1787, together with a remonstrance of certain citizens of
Clark County against the said resolutions, made report; which was
read, and ordered to lie for consideration.
The report is as follows:

The Legislative Council and House of Representatives, in their

resolutions, express their sense of the propriety of introducing
slavery into their Territory, and solicit the Congress of the United
States to suspend, for a given number of years, the sixth article of
compact, in the Ordinance for the government of the Territory north-
west of the river Ohio, passed the 13th day of July, 1787. That
article declares: “there shall be neither slavery nor involuntary
servitude in the said Territory.”
The citizens of Clark County, in their remonstrance, express their
sense of the impropriety of the measure, and solicit the Congress of
the United States not to act on the subject, so as to permit the
introduction of slaves into the Territory; at least until their population
shall entitle them to form a constitution and State government.
Your committee, after duly considering the matter, respectfully
submit the following resolution:
Resolved, That it is not expedient at this time to suspend the sixth
article of compact for the government of the Territory of the United
States north-west of the river Ohio.

Tuesday, November 17.

The President communicated a letter from James Fenner, stating the
resignation of his seat in the Senate.

Slavery in Indiana.
 The Senate took into consideration the report of the committee to
whom was referred, on the 7th instant, the resolutions of the
Legislative Council and House of Representatives of the Indiana
Territory, on the propriety of suspending the 6th article of compact
contained in the ordinance for the government of the North-western
Territory, and agreed thereto; and,
Resolved, That it is not expedient, at this time, to suspend the 6th
article of compact for the government of the Territory of the United
States north-west of the river Ohio.

Thursday, November 19.

The credentials of Elisha Mathewson, appointed a Senator by the
Legislature of the State of Rhode Island, in the place of James Fenner,
elected Governor, were read.

Friday, November 20.

Mr. Mathewson, from the State of Rhode Island, took his seat in the
Senate, and the oath prescribed by law was administered to him.

Friday, November 27.

Chauncey Goodrich, appointed a Senator by the Legislature of the
State of Connecticut, to fill the vacancy occasioned by the death of
the late Hon. Uriah Tracy, attended, and his credentials were read;
and the oath prescribed by law was administered to him.

Case of John Smith.

Mr. Maclay offered the following resolution:

 Resolved, That a committee be appointed to inquire and report to
the Senate their opinion whether John Smith, a Senator from the
State of Ohio, ought not to be expelled from the Senate, in
consequence of the part which he took in the conspiracy of Aaron
Burr, against the peace and prosperity of the United States, or what
other steps, in their opinion, it may be necessary and proper, under
the present circumstances, for the Senate to adopt.

Mr. Hope moved to amend this resolution; to make way for which
amendment, Mr. Maclay withdrew his resolution.
Mr. Thruston offered the following resolution as an amendment,
omitting that part in italics, which Mr. Jones moved as an amendment
to the amendment:

Resolved, That a committee be appointed to inquire whether it be

compatible with the honor and privileges of this House, that John
Smith, a Senator from the State of Ohio, against whom bills of
indictment were found at the Circuit Court of Virginia, held at
Richmond in August last, for treason and misdemeanor, should be
permitted any longer to hold a seat therein; and that the committee
do inquire into all the facts regarding the conduct of Mr. Smith, as an
alleged associate of Aaron Burr, and report the same to the Senate.

Mr. Hillhouse objected to the resolution on the ground of allowing

the committee too wide a latitude.
Mr. Adams vindicated the resolution from this objection.
The question was then taken on the resolution offered by Mr.
Thruston, and amended by Mr. Jones, and carried without a division;
and Messrs. Adams, Maclay, Franklin, S. Smith, Pope, Thruston, and
Anderson, were appointed the committee.

Wednesday, December 9.
 William H. Crawford, appointed a Senator by the Legislature of the
State of Georgia, to fill the vacancy occasioned by the death of
Abraham Baldwin, attended and produced his credentials, which
were read, and the oath prescribed by law was administered to him.

Friday, December 18.

Embargo.

The following Message was received from the President of the

United States:

To the Senate and House of Representatives of the United States:

The communications now made, showing the great and increasing
dangers with which our vessels, our seamen, and merchandise, are
threatened on the high seas and elsewhere, from the belligerent
powers of Europe, and it being of the greatest importance to keep in
safety these essential resources, I deem it my duty to recommend
the subject to the consideration of Congress, who will doubtless
perceive all the advantages which may be expected from an
inhibition of the departure of our vessels from the ports of the
United States.
Their wisdom will also see the necessity of making every
preparation for whatever events may grow out of the present crisis.
TH. JEFFERSON.
December 18, 1807.

Ordered, That the Message, together with the papers therein

referred to, be committed to Messrs. Smith of Maryland, Adams,
Anderson, Bradley, and Gregg, to consider and report thereon; and
that the same be considered as confidential.
 Monday, December 21.
Mr. Reed, from the State of Maryland, attended.

Thursday, December 31.

Case of John Smith.

Mr. Adams stated that the committee appointed on the 27th of

November last, “to inquire whether it be compatible with the honor
and privileges of this House that John Smith, a Senator from the
State of Ohio, against whom bills of indictment were found at the
Circuit Court of Virginia, held at Richmond in August last, for treason
and misdemeanor, should be permitted any longer to have a seat
therein,” were ready to report: and he made the following motion,
which was read and agreed to:

Ordered, That John Smith, a Senator from the State of Ohio, be

notified by the Vice President to attend in his place.

The Vice President accordingly notified Mr. Smith in the words

following:

Sir: You are hereby required to attend the Senate in your place
without delay.
By order of the Senate:
GEO. CLINTON,
President of the Senate.
John Smith, Esq., Senator from the State of Ohio.

And Mr. Smith attended.

 Whereupon, Mr. Adams made a report from the committee last
mentioned; and the report was read, and three hundred copies
thereof were ordered to be printed for the use of the Senate.
The report was read, ending with the following resolution:

Resolved, That John Smith, a Senator from the State of Ohio, by

his participation in the conspiracy of Aaron Burr, against the peace,
union, and liberties of the people of the United States, has been
guilty of conduct incompatible with his duty and station as a Senator
of the United States. And that he be therefor, and hereby is, expelled
from the Senate of the United States.

The documents accompanying the report are very voluminous.

Among them is the answer of Mr. John Smith, covering ninety-six
manuscript pages.

Monday, January 4, 1808.

James A. Bayard, from the State of Delaware, attended.
The President communicated a letter from John Smith, a Senator
from the State of Ohio; which was read.

Thursday, January 7.
William B. Giles, from the State of Virginia, attended.

Friday, January 8.

Executive Contingent Fund.

Another Message was received from the President of the United

States, as follows:
To the Senate and House of Representatives of the United States:
I now render to Congress the account of the fund established for
defraying the contingent expenses of Government for the year 1807.
Of the sum of $18,012 50, which remained unexpended at the close
of the year 1806, $8,731 11 have been placed in the hands of the
Attorney-General of the United States, to enable him to defray
sundry expenses incident to the prosecution of Aaron Burr and his
accomplices, for treasons and misdemeanors alleged to have been
committed by them. And the unexpended balance of $9,275 39 is
now carried, according to law, to the credit of the surplus fund.
TH. JEFFERSON.
January 8, 1808.

The Message and papers therein referred to were read.

Wednesday, January 13.

Mr. Franklin, from the State of North Carolina, attended.

Monday, February 1.

Claim of Thomas Paine.

The President communicated an address, signed Thomas Paine,

stating his claim on the United States for services rendered during
the Revolutionary war, and his title to remuneration. The address
was read, and is as follows:

New York, January 21, 1808.

To the honorable the Senate of the United States:
The purport of this address is to state a claim I feel myself entitled
to make on the United States, leaving it to their Representatives in
Congress to decide on its worth and its merits. The case is as
follows:
Towards the latter end of the year 1780, the continental money
had become so depreciated (a paper dollar not being more than a
cent) that it seemed next to impossible to continue the war.
As the United States were then in alliance with France, it became
necessary to make France acquainted with our real situation. I
therefore drew up a letter to Count de Vergennes, stating
undisguisedly the true case, and concluding with the request
whether France could not, either as a subsidy or a loan, supply the
United States with a million sterling, and continue that supply,
annually, during the war.
I showed the letter to Mr. Marbois, Secretary to the French
Minister. His remark upon it was, that a million sent out of the nation
exhausted it more than ten millions spent in it. I then showed it to
Mr. Ralph Izard, member of Congress from South Carolina. He
borrowed the letter of me, and said, “We will endeavor to do
something about it in Congress.”
Accordingly, Congress appointed Colonel John Laurens, then aid to
General Washington, to go to France and make a representation of
our situation, for the purpose of obtaining assistance. Colonel
Laurens wished to decline the mission, and that Congress would
appoint Colonel Hamilton; which Congress did not choose to do.
Colonel Laurens then came to state the case to me. He said he
was enough acquainted with the military difficulties of the Army, but
that he was not enough acquainted with political affairs, nor with the
resources of the country, to undertake the mission; “but,” said he, “if
you will go with me, I will accept it;” which I agreed to do, and did
do.
We sailed from Boston in the Alliance frigate, Captain Barry, the
beginning of February, 1781, and arrived at L’Orient the beginning of
March.
 The aid obtained from France was six millions of livres as a
present, and ten millions as a loan, borrowed in Holland, on the
security of France.
We sailed from Brest in the French Resoulue frigate the first of
June, and arrived at Boston on the 25th of August, bringing with us
two millions and a half of livres, in silver, and convoying a ship and a
brig laden with clothing and military stores. The money was
transported with sixteen ox teams to the National Bank at
Philadelphia, which enabled the army to move to Yorktown to attack,
in conjunction with the French army under Rochambeau, the British
army under Cornwallis. As I never had a cent for this service, I feel
myself entitled, as the country is now in a state of prosperity, to
state the case to Congress.
As to my political works, beginning with the pamphlet Common
Sense, published the beginning of January, 1776, which awakened
America to a declaration of independence, as the President and Vice
President both know, as they were works done from principle, I
cannot dishonor that principle by asking any reward for them. The
country has been benefited by them, and I make myself happy in
the knowledge of it It is, however, proper for me to add, that the
mere independence of America, were it to have been followed by a
system of government modelled after the corrupt system of the
English Government, it would not have interested me with the
unabated ardor it did. It was to bring forward and establish the
representative system of government, as the work itself will show,
that was the leading principle with me in writing that work, and all
my other works, during the progress of the Revolution. And I
followed the same principle in writing the Rights of Man, in England.
There is a resolve of the old Congress, while they sat at New York,
of a grant of three thousand dollars to me. The resolve is put in
handsome language, but it has relation to a matter which it does not
express. Elbridge Gerry was chairman of the committee who brought
in the resolve. If Congress should think proper to refer this memorial
to a committee, I will inform that committee of the particulars of it. I
have also to state to Congress, that the authority of the old
Congress was become so reduced towards the latter end of the war
as to be unable to hold the States together. Congress could do no
more than recommend, of which the States frequently took no
notice; and when they did, it was never uniformly.
After the failure of the five-per-cent duty, recommended by
Congress, to pay the interest of a loan to be borrowed in Holland, I
wrote to Chancellor Livingston, then Minister for Foreign Affairs, and
Robert Morris, Minister of Finance, and proposed a method for
getting over the whole difficulty at once; which was, by adding a
Continental Legislature to Congress, who should be empowered to-
make laws for the Union, instead of recommending them; so the
method proposed met with their full approbation. I held myself in
reserve, to take the subject up whenever a direct occasion occurred.
In a conversation afterwards with Governor Clinton, of New York,
now Vice President, it was judged that, for the purpose of my going
fully into the subject, and to prevent any misconstruction of my
motive or object, it would be best that I received nothing from
Congress, but leave it to the States, individually, to make me what
acknowledgment they pleased.
The State of New York made me a present of a farm, which, since
my return to America, I have found it necessary to sell; and the
State of Pennsylvania voted me five hundred pounds, their currency.
But none of the States to the east of New York, or the south of
Philadelphia, ever made me the least acknowledgment. They had
received benefits from me, which they accepted, and there the
matter ended. This story will not tell well in history. All the civilized
world know I have been of great service to the United States, and
have generously given away talent that would have made me a
fortune.
I much question if an instance is to be found in ancient or modern
times of a man who had no personal interest in the cause he took up
—that of independence and the establishment of a representative
system of government, and who sought neither place nor office after
it was established—that persevered in the same undeviating
principles as I have done, for more than thirty years, and that in
spite of difficulties, dangers, and inconveniences, of which I have
had my share.
THOMAS PAINE.

Monday, February 22.

Removal of Federal Judges on Address from Congress.

Mr. Maclay, agreeably to instructions from the Legislature of the

State of Pennsylvania to their Senators in Congress, submitted the
following resolution:

Resolved, by the Senate and House of Representatives of the

United States of America, in Congress assembled, two-thirds of both
Houses concurring, That the first section of the third article of the
Constitution of the United States be so altered and amended “that
the judges of the courts thereof shall hold their offices for a term of
years; that they shall be removed by the President of the United
States on the address of the majority of the members present, of the
Senate and House of Representatives of the United States in
Congress assembled; and that on all trials of impeachment for high
crimes and misdemeanors, a majority of the Senate shall be
competent to conviction.”

And the resolution was read, and referred to Mr. Tiffin and others,
the committee appointed the 25th of January last, on this subject, to
consider and report thereon.

Death of Hon. John Dickinson.

Mr. White.—Mr. President: It is with much pain and regret, sir, that
I rise to announce to the Senate the irreparable loss our country has
sustained in the death of one of her worthiest citizens and most
distinguished patriots. Time has measured and told the days of
another venerable sage of the Revolution. John Dickinson, the
illustrious cotemporary and friend of Washington and Franklin, is
now no more—his head and his heart devoted to the service and
love of his country, till his locks were bleached by the frosts of more
than seventy winters, have now descended in silence to the grave.
No humble eulogy of mine shall attempt to approach his exalted
merit. The happiness of his fellow-citizens was his only aim, and
upon the grateful hearts of his countrymen is indelibly engraven the
dearest memento of his wisdom and his worth. Those who shared
his personal acquaintance will never forget his private virtues—
volumes from his pen, that do honor to the age, that will be read
and admired as long as the love of science and freedom shall be
cherished, record his inflexible patriotism; and the liberties of this
country, which he contributed so essentially in establishing, will I
hope long, very long indeed, sir, continue to be the proud and
unshaken monument of his fame. The feelings of every gentleman of
this honorable body will I am sure be in unison on the motion I am
about to propose; it is an humble tribute of respect to the memory
of the deceased, in the form of the following resolution:

Resolved, unanimously, That the Senate is penetrated with the full

sense of the merit and patriotism of the late John Dickinson, Esq.,
deceased, and that the members thereof do wear crape on the left
arm for one month, in testimony of the national gratitude and
reverence towards the memory of that illustrious patriot.

This resolution was immediately adopted.

Wednesday, March 2.
Impressment of American Seamen.
 The following Message was received from the President of the
United States:

To the Senate of the United States:

In compliance with a resolution of the Senate, of November 30,
1807, I now transmit a report of the Secretary of State on the
subject of impressments, as requested in that resolution. The great
volume of the documents, and the time necessary for the
investigation, will explain to the Senate the causes of the delay
which has intervened.
TH. JEFFERSON.
March 2, 1808.

Department of State, Feb. 29, 1808.

Agreeably to a resolution of the Senate of the 30th November last,
the Secretary of State has the honor to submit to the President, for
the information of the Senate, the statements herewith enclosed,
from No. 1 to 18, inclusive.
No. 1. A statement of impressments from American vessels into
the British service, since the last report made from this department
on the 5th March, 1806, founded upon documents transmitted in the
first instance to this office.
Those from No. 2 to 13 inclusive, being a series of returns and
abstracts received from General Lyman, the agent of the United
States at London, giving an account of the applications made by him
in relation to seamen, from 1st April, 1806, to 30th June, 1807, and
of the result of those applications, and exhibiting other particulars
required by the resolution.
Not having received any returns from the West Indies since the
date of the last report to the House of Representatives on this
subject, nor from General Lyman for the quarter ending on the 1st
January last, the Secretary of State has not the means at present of
giving, with any degree of precision, the information asked for in the
last clause of the resolution. From the returns in the office it would
appear that four thousand two hundred and twenty-eight American
seamen had been impressed into the British service since the
commencement of the war, and that nine hundred and thirty-six of
this number had been discharged, leaving in that service three
thousand two hundred and ninety-two. General Lyman, in a letter
dated on the 21st October, 1807, estimates the American seamen
now detained in the British service at a number greatly beyond what
is here stated; but he does not give the data on which his estimate
is made.
All which is respectfully submitted.
JAMES MADISON.
The President of the United States.

The Message and papers were read, and ordered to lie for
consideration.

Friday, April 1.
Case of John Smith.

This being the day assigned for hearing counsel, the President said
the Senate were ready to hear the counsel of John Smith, in any
thing they had to offer why the resolution (for expelling him) should
not be adopted.
Mr. Adams submitted it to the Senate, whether it was not most
proper that the counsel should be permitted to show cause why the
report should not be adopted. He remarked that in like cases the
whole report, comprising the grounds on which the final resolution
was founded, had been the subject of discussion, and of approbation
or rejection. He considered this the correct course, that the world
and posterity might know the grounds on which the Senate acted.
 A short conversation ensued on this suggestion of Mr. Adams, in
which the principles of the report were incidentally noticed. In reply
to Mr. Adams’ remarks, it was said that it could not be expected that a
deliberative body, however agreed in the guilt or innocence of the
accused, would be able to unite in their agreement to a complicated
report, embracing a variety of abstract and disputable principles.
Mr. Giles intimated the idea that this discussion was premature;
that, as the Senate had by their vote determined to hear counsel on
the report, it was proper that this course should, in the present
stage of the business, be pursued. After having heard counsel, it
would be for the Senate, as they then should see fit, either to decide
on the resolution alone, or on the report connected with it.
This suggestion having been acquiesced in, without any vote,
Mr. Francis S. Key, of counsel for Mr. Smith, asked for subpœnas for
Messrs. Davenport, Morrow, and Sturges, of the House of
Representatives, to attest the credibility of witnesses; and likewise
for a subpœna for General Wilkinson.
It was intimated that the usual mode of proceeding in such a case
was to request the attendance of the members of the other House.
Mr. Key then opened the defence by a few very concise preliminary
remarks. He observed that the counsel of Mr. Smith felt highly
gratified in appearing before the Senate with a body of testimony
sufficiently strong to flatter them with the assurance of a favorable
result; that all the apprehensions which had arisen from the distance
and the extent of the testimony were almost removed; and that
although testimony was still coming in, they were fully satisfied with
that they had already received.
He said they would be able to show that the testimony of Elias
Glover was not worthy of credit. He admitted that if this testimony
were correct, John Smith was unworthy of his seat; but they would be
able entirely to destroy its weight by destroying his credibility. They
would, likewise, be able to show that there was nothing else in the
other testimony which materially affected the character of the
accused. They would also, after this, enter into a consideration of
the principles on which a decision in this case ought to be made;
and endeavor to show that that decision could only be made
according to legal evidence; that the Senate were bound by judicial
principles, and that the accused was consequently entitled to the
same privileges as he would be in a court of justice.
Mr. Key said he should first proceed to offer depositions to discredit
Elias Glover. He would show that he had not only made charges,
which were contradicted by respectable testimony, but likewise by
his own declarations at other times. He would commence with the
proof of his general character, and show that it had been such, ever
since he entered into life, as to destroy the weight of his testimony;
he would show that he had in several instances perjured himself. He
would then show his inducements to perjure himself in this case, by
establishing the existence of a combination, of which he was the
head, to ruin Mr. Smith.
Mr. Key was about to read sundry depositions taken at Newtown,
Connecticut. Previous to this he read the certificates of notice given
by Mr. Smith to Mr. Glover, of his purpose to take depositions relative
to his character. From these it appeared that Mr. Smith had, on the
10th of February, notified him of his intention to take depositions at
Delhi, New York, on the 15th February, at Newtown, Connecticut, on
the 20th, in the Mississippi Territory on the 25th, at Cincinnati the
——
Mr. Crawford objected to reading these depositions. He observed
that they went seriously to affect the character of Mr. Glover; that
the Senate had, in such a case, prescribed that the depositions
should only be received in case of reasonable notice having been
given to the person whose character it was intended to discredit:
that in this case no such reasonable notice had been allowed; that
the notice was too short to be of the least use to Mr. Glover.
Mr. Harper, of counsel for Mr. Smith, observed that as much time
had been given by Mr. Smith as he could possibly spare. The times
fixed for taking depositions at the several places, had been as
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