WAR DEPARTMENT, April 19th, 1806. SIR:-I have the honor of proposing for your approbation, the following promotion and appointments in the Army of the United States. 2d Lieutenant James S. Smith, of the regiment of Artillerists, to be promoted to the rank of 1st Lieutenant in the same, vice Robert Ritchie, dismissed March 18th, 1806. Samuel Maclay, of Pennsylvania, and Thomas Vaughan, of Maryland, to be appointed 2d Lieutenants in the regiment of Artillerists. John Read, of Tennessee, to be appointed Ensign in the 1st regiment of Infantry. Samuel Venable, of Kentucky, Isaac Rawlings, of Maryland, John Fowles, of Orleans, and Benjamin W. Dudley, of Kentucky, to be appointed Surgeon's Mates. Accept, Sir, the assurances of my high respect and consideration. PRESIDENT of the United States. The Senate proceeded to consider the nominations contained in this message; and Resolved, That they do advise and consent to the appointments, agreeably to the nominations respectively. Ordered, That the Secretary lay this resolution before the President of the United States. CONFIDENTIAL BUSINESS. Ninth Congress, first Session. MONDAY, DECEMBER 9, 1805. The following written message was received from the President of the United States, by Mr. Coles, his Secretary: To the Senate and House of Representatives of the United States: The depredations which had been committed on the commerce of the United States during a preceding war, by persons under the authority of Spain, are sufficiently known to all. These made it a duty to require from that government, indemnifications for our injured citizens; a convention was accordingly entered into between the Minister of the United States at Madrid, and the Minister of that government for Foreign Affairs, by which it was agreed that spoliations committed by Spanish subjects, and carried into ports of Spain, should be paid for by that nation; and that those committed by French subjects, and carried into Spanish ports, should remain for further discussion. Before this convention was returned to Spain with our ratification, the transfer of Louisiana by France to the United States took place; an event as unexpected as disagreeable to Spain. From that moment she seemed to change her conduct and dispositions towards us. It was first manifested by her protest against the right of France to alienate Louisiana to us; which, however, was soon retracted, and the right confirmed: then high offence was manifested at the act of Congress establishing a collection district on the Mobile, although, by an authentic declaration, immediately made, it was expressly confined to our acknowledged limits; and she now refused to ratify the convention signed by her own Minister, under the eye of his Sovereign, unless we would consent to alterations of its terms, which would have affected our claims against her for the spoliations by French subjects carried into Spanish ports. To obtain justice, as well as to restore friendship, I thought a special mission advisable; and accordingly appointed James Monroe, Minister Extraordinary and Plenipotentiary, to repair to Madrid, and in conjunction with our Minister resident there, to endeavor to procure a ratification of the former convention, and to come to an understanding with Spain as to the boundaries of Louisiana. It appeared at once that her policy was to reserve herself for events, and, in the mean time, to keep our differences in an undetermined State. This will be evident from the papers now communicated to you. After nearly five months of fruitless endeavor to bring them to some definite and satisfactory result, our Ministers ended the conferences, without having been able to obtain indemnity for spoliations of any description, or any satisfaction as to the boundaries of Louisiana, other than a declaration that we had no rights eastward of the Iberville; and that our line to the west, was one which would have left us but a string of land on that bank of the river Mississippi. Our injured citizens were thus left without any prospect of retribution from the wrong doer; and, as to boundary, each party was to take its own course. That which they have chosen to pursue, will appear from the documents now communicated. They authorize the inference that it is their intention to advance on our possessions, until they shall be repressed by an opposing force. Considering that Congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force in any degree which could be avoided. I have barely instructed the officers stationed in the neighborhood of the aggressions, to protect our citizens from violence, to patrol within the borders actually delivered to us, and not to go out of them, but when necessary to repel an inroad, or to rescue a citizen or his property; and the Spanish officers remaining at New Orleans are required to depart without further delay. It ought to be noted here, that since the late change in the state of affairs in Europe, Spain has ordered her cruisers and courts to respect our treaty with her. The conduct of France, and the part she may take in the misunderstandings between the United States and Spain, are too important to be unconsidered. She was prompt and decided in her declarations, that our demands on Spain for French spoliations carried into Spanish ports, were included in the settlement between the United States and France: she took at once the ground that she had acquired no right from Spain, and had meant to deliver us none, eastward of the Iberville. Her silence as to the western boundary, leaving us to infer her opinion might be against Spain in that quarter. Whatever direction she might mean to give to these differences, it does not appear that she has contemplated their proceeding to actual rupture, or that, at the date of our last advices from Paris, her government had any suspicion of the hostile attitude Spain had taken here; on the contrary, we have reason to believe that she was disposed to effect a settlement on a plan analogous to what our Ministers had proposed, and so comprehensive as to remove, as far as possible, the grounds of future collision and controversy on the eastern as well as western side of the Mississippi. The present crisis in Europe is favorable for pressing such a settlement, and not a moment should be lost in availing ourselves of it. Should it pass unimproved, our situation would become much more difficult. Formal war is not necessary-it is not probable it will follow; but the protection of our citizens, the spirit and honor of our country, require that force should be interposed to a certain degree. It will probably contribute to advance the object of peace. But the course to be pursued will require the command of means which it belongs to Congress exclusively to yield or to deny. To them I communicate every fact material for their information, and the documents necessary to enable them to judge for themselves. To their wisdom, then, I look for the course I am to pursue; and will pursue, with sincere zeal, that which they shall approve. TH: JEFFERSON. December 6th, 1805. The message was read. Ordered, That it lie for consideration. FRIDAY, JANUARY 17, 1806. A confidential message from the House of Representatives, by Messrs. Bidwell and Early, two of their members. Mr. President: We are directed, by the House of Representatives, in confidence, to bring to the Senate a bill, entitled "An act making provision for defraying any extraordinary expenses attending the intercourse between the United States and foreign nations;" in which they request the concurrence of the Senate. And they withdrew. The bill was read. Ordered, That it pass to the second reading. On motion, Ordered, That the message and bill last read, be considered as confidential, and that secrecy be observed by the members and officers of the Senate. The following written message was received from the President of the United States, by Mr. Coles, his Secretary: [CONFIDENTIAL.] To the Senate and House of Representatives of the United States: The enclosed letter from the Minister Plenipotentiary of the United States at the Court of London, contains interesting information on the subjects of my other message, of this date. It is sent separately and confidentially, because its publication may discourage frank communications between our Ministers generally, and the governments with which they reside, and especially between the same Ministers. January 17th, 1806. The message and letter were read. TH: JEFFERSON. MONDAY, JANUARY 20, 1806. The confidential bill, entitled "An act making provision for defraying any extraordinary expenses attending the intercourse between the United States. and foreign nations," was read the second time. On motion, Ordered, That the further consideration of this bill be the order of the day for to-morrow. TUESDAY, JANUARY 21, 1806. On motion, the Senate resumed the second reading of the confidential bill, entitled "An act making provision for any extraordinary expenses attending the intercourse between the United States and foreign nations," as in Committee of the Whole; and the bill having been reported to the House without amendment, Ordered, That the third reading thereof be the order of the day for Thurs day next. FRIDAY, JANUARY 24, 1806. The following written message was received from the President of the United States, by Mr. Coles, his Secretary: [CONFIDENTIAL.] To the Senate of the United States: According to the request of your resolution of yesterday, 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 postcript of October 25th, but still in confidence that the matter of it shall not be made public. January 24th, 1806. The message and paper were read. Ordered, That they lie for consideration. TH: JEFFERSON. TUESDAY, JANUARY 28, 1806. 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. THURSDAY, JANUARY 30, 1806. The bill, entitled "An act making provision for defraying the extraordina ry expenses attending the intercourse between the United States and foreign nations," was read the third time. A motion was made to amend the bill; and, after debate, Ordered, That the further consideration thereof be postponed until to morrow. FRIDAY, JANUARY 31, 1806. 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." Yeas, It was determined in the negative, Nays,. 10, The yeas and nays being required by one-fifth of the Senators present, Those who voted in the affirmative, are-Messrs. Adams, Bayard, Bradley, Hillhouse, Pickering, Plumer, Smith, of Vermont, Tracy, White, and Wright. Those who voted in the negative, are-Messrs. Adair, Anderson, Baldwin, Condit, Fenner, Gaillard, Gilman, Howland, Kitchel, Logan, Maclay, Mitchill, Moore, Smith, of Maryland, Smith, of New York, Smith, of Ohio, Smith, of Tennessee, Sumpter, Thruston, Turner, and Worthington. On motion to amend the bill by inserting, in Sec. 1, after the words "United States," "towards the settling, establishing, and defending the boundaries of the United States;" The yeas and nays being required by one-fifth of the Senators present, Those who voted in the affirmative, are-Messrs. Adams, Bayard, Bradley, Gilman, Hillhouse, Pickering, Plumer, Smith, of Maryland, Tracy, and White. Those who voted in the negative, are-Messrs. Adair, Anderson, Baldwin, Condit, Fenner, Gaillard, Howland, Kitchel, Logan, Maclay, Moore, Smith, of New York, Smith of Ohio, Smith, of Tennessee, Smith, of Vermont, Sumpter, Thruston, Turner, Worthington, and Wright. THURSDAY, FEBRUARY 6, 1806. The following written message was received from the President of the United States: [CONFIDENTIAL.] To the Senate and House of Representatives of the United States: Since the date of my message of January 17th, a letter of the 26th of November has been received from the Minister Plenipotentary of the United States, at London, covering one from the Secretary for Foreign Affairs of that government, which being on the subject of that message, is now transmitted for the information of Congress. Although nothing forbids the substance of these letters from being communicated without reserve, yet, so many ill effects proceed from the publications of correspondences between Ministers remaining still in office, that I cannot but recommend that these letters be not permitted to be formally published. February 6th, 1806. The message was read. Ordered, That it lie for consideration. TH: JEFFERSON. |