manner, shall be applied to them for the same purposes, and shall be and continue appropriated until the whole of the present debt of the United States, inclusively of the stock created by virtue of this act, shall be reimbursed and redeemed under the same limitations as have been provided by the first section of the above-mentioned act, respecting the annual appropriation of seven millions three hundred thousand dollars made by the same.

That the Secretary of the Treasury shall cause the said further sum of seven hundred thousand dollars to be paid the commissioners of the sinking fund in the same manner as was directed in the abovementioned act respecting the annual appropriation of seven million three hundred thousand dollars; and it shall be the duties of the commissioners of the sinking fund to cause to be applied and paid out of the said fund yearly, and every year, at the Treasury of the United States, such sum and sums as may be annually wanted to discharge the annual interest and charges accruing on the stock created by virtue of this act, and the several installments or parts of principal of the said stock, as the same shall become due and may be discharged in conformity to the terms of the convention aforesaid and of this act. (Annals, 8th Cong., 1st sess., 28, 29; Stat. L., vol 2, p. 245.)

November 1, 1803.

As to making provision for the payment of claims of citizens of the United States on the Government of France, the payment of which has been assumed by the United States, by virtue of the convention of the 30th of April, 1803, between the United States and the French Republic, Mr. Jackson reported the following bill:.

Be it enacted, etc., That a sum not exceeding three millions seven hundred and fifty thousand dollars (inclusive of a sum of two millions of dollars, appropriated by the act of February twenty-six, one thousand eight hundred and three, intituled "An act making further provision for the expenses attending the intercourse between the United States and foreign nations"), to be paid out of any monies in the Treasury not otherwise appropriated, be, and the same hereby is appropriated for the purpose of discharging the claims of the citizens of the United States against the Government of France, the payment of which has been assumed by the Government of the United States, by virtue of a convention made the thirtieth day of April, one thousand eight hundred and three, between the United States of America and the French Republic, respecting the said claims.

That the Secretary of the Treasury shall cause to be paid at the Treasury of the United States, in conformity to the convention aforesaid, the amount of such claims above mentioned as, under the provisions of the said convention, shall be rewarded to the respective claimants, which payments shall be made on the orders of the minister plenipotentiary of the United States for the time being, to the French Republic, in conformity with the convention aforesaid, and the said minister shall be charged on the Treasury books with the whole amount of such payments, until he shall have exhibited satisfactory proof to the accounting officers of the Treasury that his orders thus paid have been issued in conformity with the provisions of the said convention.

That the President of the United States be, and he hereby is, author

ized to borrow, on the credit of the United States, to be applied to the purposes authorized by this act, a sum not exceeding one million seven hundred and fifty thousand dollars, at a rate of interest not exceeding six per centum per annum, reimbursable out of the appropriation made by virtue of the first section of this act, at the pleasure of the United States, or at such period, not exceeding five years from the time of obtaining the loan, as may be stipulated by contract, and it shall be lawful for the bank of the United States to lend the same. That so much of the duties on merchandise and tonnage as may be necessary be, and the same hereby is, appropriated for the purpose of paying the interest which shall accrue on the said loan.

That for defraying the expense incident to the investigation of the claims above mentioned, there be appropriated a sum not exceeding eighteen thousand five hundred and seventy-five dollars, to be paid out of any monies in the Treasury not otherwise appropriated: Provided, That the compensation to be made to any of the commissioners appointed or to be appointed in pursuance of the above-mentioned convention shall not exceed the rate of four thousand four hundred and fifty dollars per annum; that the compensation of their secretary shall not exceed the rate of two thousand two hundred and twentyfive dollars per annum, and that the compensation of the agent shall not exceed the rate of one thousand dollars per annum.

(Annals, 8th Cong., 1st sess., 29; Stat. L., vol. 2, pp. 247, 248.)

November 11, 1803.

As to carrying into effect the seventh article of the treaty of 1794 between the United States and Great Britain, Mr. Adams reported the following bill:

Be it enacted, etc., That a sum not exceeding $50,000, to be paid out of any moneys in the Treasury not otherwise appropriated, be, and the same hereby is, appropriated for the purpose of carrying into effect the seventh article of the treaty concluded at London on the 19th day of November, seventeen hundred and ninety-four, between the United States and His Britannic Majesty.

That the accounting officers of the Treasury be, and they are hereby, authorized to allow an interest not exceeding the rate of six per centum per annum on one-third part of the amount of any award made in pursuance of the aforesaid article and presented at the Treasury previous to the passing of this act, to be calculated from the time when such award shall have been presented.

(Annals, 8th Cong., 1st sess., 74, 76; Stat. L., vol, 2, p. 248.)

February 24, 1804.

As to what further, if any, proceedings ought to be had by the Senate with reference to the convention between the United States and the King of Spain, Mr. Bradley reported as follows:

Upon a careful examination of the message and documents communicated by the President on the 21st of December your committee notice certain unauthorized acts and doings of individuals, contrary to law and highly prejudicial to the rights and sovereignty of the United States tending to defeat the measures of the Government

thereof, and which in their opinion merit the consideration of the Senate.

They find that on the 15th of November, 1802, and before and subsequent to that day, divers controversies and disputes had arisen between the Governments of the United States and Spain concerning certain seizures and condemnations of the vessels and effects of the citizens of the United States in the ports of Spain, and for which the Government of Spain was deemed responsible, and in the prosecution of which, for indemnification, the minister of the United States near the court of Spain had been instructed to press that Government by friendly negotiations to provide for those wrongs.

Your committee find, while said negotiation was pending, and the said disputes and controversies in no wise settled or adjusted, that Jared Ingersoll, William Rawle, Joseph B. McKean, and P. S. Du Ponceau, of the city of Philadelphia, did, at said Philadelphia, on the same 15th of November, 1802, and Edward Livingston, of the city of New York, did at said New York, on the 3d day of the same November, in violation of the act, entitled "An act for the punishment of certain crimes therein specified," passed the 30th day of January, 1799, commence and carry on a correspondence and intercourse with the said Government of Spain and with the agents thereof, and, as your committee believe, with an intent to influence the measures and conduct of the Government of Spain and to defeat the measures of the Government of the United States, and did then and there counsel, advise, aid, and assist in such correspondence with intent as aforesaid.

Your committee with the knowledge of these facts are compelled to observe that, however there might exist in the Senate a great reluctance to express any opinion in relation to proceedings in the ordinary course of criminal jurisprudence, yet, when they reflect on the nature of the offense, the improbability of the ministers of the law ever coming to the knowledge thereof without the aid of the Executive, and the delicate situation of the Executive in relation to the subject, duty seems to demand and propriety to justify their expressing an opinion in favor of that aid, without which, in their judgment, the justice of the nation would be exposed to suffer.

Your committee have no doubt that precedents may be adduced, and from the best authority, to justify such a measure and warrant the proceedings with safety to the remedial justice of the law, which admits of no rules, or pretended rules, uncorrected and uncontrolled by circumstances, the certain result of which would be the failure of justice.

With these impressions, your committee respectfully offer to the Senate the following resolutions:

Resolved, That the President of the United States be requested to cause to be laid before the Attorney-General all such papers, documents, and evidence as he may deem expedient, and which relate to any unauthorized correspondence and intercourse carried on by Jared Ingersoll, William Rawle, Joseph B. McKean, P. S. Du Ponceau, and Edward Livingston with the Government of Spain, or with the agents thereof, with an intent to influence the measures and conduct of the Government of Spain or to defeat the measures of the Government of the United States in relation to certain disputes and controversies between the said Governments.

Resolved, That if in the opinion of the Attorney-General such papers, documents, and evidence, or such other evidence as may be presumed from any that is parti ceps criminis, shall be deemed sufficient to warrant a prosecution of the aforesaid persons, or either of them, the President of the United States be, and hereby is, requested to instruct the proper law officer to commence a prosecution, at such time and in such manner as he may judge expedient, against Jared Ingersoll,

William Rawle, Joseph B. McKean, P. S. Du Ponceau, and Edward Livingston, or either of them, under the act entitled "An act for the punishment of certain crimes therein specified." And that he be requested to furnish the attorney on the part of the United States, for the purpose of carrying on said prosecution, with such papers, documents, and evidence from the executive department of the Government as he may deem expedient and necessary.

(Ex. Jour., vol. 1, pp. 459, 461, 463, 464, 468; Annals, 8th Cong., 310, 314.)

EIGHTH CONGRESS, SECOND SESSION.

January 14, 1805.

On an act for carrying into more complete effect the tenth article of the treaty of friendship, limits, and navigation with Spain, Mr. Franklin reported as follows:

That whenever any Spanish vessel shall arrive in distress in any port of the United States, having been damaged on the coasts or within the limits of the United States, and her cargo shall have been unladen in conformity with the provisions of the tenth article of the act intituled "An act to regulate the collection of duties on imports and tonnage," the said cargo, or any part thereof, may, if the said ship or vessel should be condemned as not seaworthy or deemed incapable of performing her original voyage, afterwards to be reladen on board any other vessel or vessels, under the inspection of the officer who superintended the landing thereof, or other proper person. And no duties, charges, or fees whatever shall be paid on such part of the cargo as may be reladen and carried away either in the vessel in which it was originally imported or in any other whatever.

That the collector of the district in Norfolk, in Virginia, shall be, and he hereby is, authorized and required to refund the owners and agents of the Spanish brigantine Nancy (which vessel arrived in distress in that port in the year one thousand eight hundred and four) the amount of the duties secured by him on such part of her cargo as was re-exported: Provided, That the debenture or debentures issued by the said collector for the drawback of the duties on the exportation of the said cargo shall be duly surrendered to him and cancelled. (Leg. Jour., Vol. 3, pp. 429, 433; Stat. L., Vol. 2, p. 314.)

NINTH CONGRESS, FIRST SESSION.

March 17, 1806.

On the message of the President in regard to the treaty with Tripoli Mr. Bradley made the following report:

The ex-bashaw founds his claim on the justice of the United States, from his services and suffering in their cause, and from his having been deceived and amused with the prospect of being placed on his throne as legitimate sovereign of Tripoli, and frequently drawn from eligible situations for the purpose of being made a dupe and the instru ment of policy, and finally sacrificed to misfortune and wretchedness. The committee, from a full investigation of the documents which have been laid before Congress, and with other evidence which has come within their knowledge, are enabled to lay before the Senate a brief S. Doc. 231, pt 8-2

statement of the facts in relation to the ex-bashaw and the result of their deliberation thereon.

This unfortunate prince, by the treason and perfidy of his brother, the reigning bashaw, was driven from his throne, an exile, to the regency of Tunis, where the agents of the United States in the Mediterranean found him, and as early as August, 1801, entered into a convention to cooperate with him, the object of which was to obtain a permanent peace with Tripoli, to place the ex-bashaw on his throne, and to procure indemnification for all expense in accomplishing the same. This agreement was renewed in November following, with encouragement that the United States would persevere until they had effected the object; and in 1802, when the reigning bashaw had made overtures to the ex-bashaw to settle on him the two provinces of Derne and Bengazi, and when the ex-bashaw was on the point of leaving Tunis, under the escort furnished him by the reigning bashaw, the agents of the United States prevailed on him to abandon the offer, with assurance that the United States would effectually cooperate and place him on the throne of Tripoli.

The same engagements were renewed in 1803, and the plan of cooperation so arranged that the ex-bashaw, by his own exertions and force, took possession of the province of Derne; but the American squadron, at that time under the command of Commodore Morris, instead of improving that favorable moment to cooperate with the ex-bashaw, and to put an end to the war, unfortunately abandoned the Barbary coast, and the ex-bashaw was left solely to contend with all the force of the reigning bashaw, and who in consequence was obliged in the fore part of the year 1804 to give up his conquest of Derne and to fly from the fury of the usurper into Egypt. These transactions were, from time to time, not only communicated by our agents to the Government, but were laid before Congress in February, 1804, in the documents accompanying the report of the Committee on Claims on the petition of Mr. Eaton, late consul at Tunis, which committee expressed their decided approbation of his official conduct, and to which report the committee beg leave to refer.

In the full possession of the knowledge of these facts, the Government of the United States in June, 1804, dispatched Commodore Barron, with a squadron, into the Mediterranean, and in his instructions submitted to his entire discretion the subject of availing himself of the cooperation of the ex-bashaw, and referring him to Mr. Eaton as an agent sent out by the Government for the purpose.

After Commodore Barron had arrived at that station in September, 1804, he dispatched Mr. Eaton and Captain Hull into Egypt to find the ex-bashaw, with instructions to assure him that the commodore would take the most effectual measures with the forces under his command to cooperate with him against the usurper, his brother, and to establish him in the regency of Tripoli. After encountering many difficulties and dangers the ex-bashaw was found in upper Egypt with the Mamelukes, and commanding the Arabs. The same assurances were again made to him, and a convention was reduced to writing, the stipulations of which had the same objects in view-the United States to obtain a permanent peace and their prisoners, the ex-bashaw to obtain his throne. Under these impressions, and with the fullest confidence of the assurances he had received from the agents of the United States, and even from Commodore Barron himself, by one of his (the bashaw's) secretaries, whom he had sent to