Chapter 27 1809

LETTER FROM THE PRESIDENT ELECT.

The President of the Senate communicated the following letter from the
President elect of the United States:

CITY OF WASHINGTON,  March 2, 1809 .

Hon. JOHN MILLEDGE,

 President pro tempore of the Senate .

SIR: I beg leave through you to inform the honorable the Senate of the
United States that I propose to take the oath which the Constitution
prescribes to the President of the United States before he enters on the
execution of his office on Saturday, the 4th instant, at 12 o'clock, in
the Chamber of the House of Representatives.

I have the honor to be, with the greatest respect, sir, your most
obedient and most humble servant,

JAMES MADISON.

FIRST INAUGURAL ADDRESS.

Unwilling to depart from examples of the most revered authority, I avail
myself of the occasion now presented to express the profound impression
made on me by the call of my country to the station to the duties of
which I am about to pledge myself by the most solemn of sanctions. So
distinguished a mark of confidence, proceeding from the deliberate and
tranquil suffrage of a free and virtuous nation, would under any
circumstances have commanded my gratitude and devotion, as well as
filled me with an awful sense of the trust to be assumed. Under the
various circumstances which give peculiar solemnity to the existing
period, I feel that both the honor and the responsibility allotted to me
are inexpressibly enhanced.

The present situation of the world is indeed without a parallel, and
that of our own country full of difficulties. The pressure of these,
too, is the more severely felt because they have fallen upon us at a
moment when the national prosperity being at a height not before
attained, the contrast resulting from the change has been rendered the
more striking. Under the benign influence of our republican
institutions, and the maintenance of peace with all nations whilst so
many of them were engaged in bloody and wasteful wars, the fruits of a
just policy were enjoyed in an unrivaled growth of our faculties and
resources. Proofs of this were seen in the improvements of agriculture,
in the successful enterprises of commerce, in the progress of
manufactures and useful arts, in the increase of the public revenue and
the use made of it in reducing the public debt, and in the valuable
works and establishments everywhere multiplying over the face of our
land.

It is a precious reflection that the transition from this prosperous
condition of our country to the scene which has for some time been
distressing us is not chargeable on any unwarrantable views, nor, as I
trust, on any involuntary errors in the public councils. Indulging no
passions which trespass on the rights or the repose of other nations, it
has been the true glory of the United States to cultivate peace by
observing justice, and to entitle themselves to the respect of the
nations at war by fulfilling their neutral obligations with the most
scrupulous impartiality. If there be candor in the world, the truth of
these assertions will not be questioned; posterity at least will do
justice to them.

This unexceptionable course could not avail against the injustice and
violence of the belligerent powers. In their rage against each other, or
impelled by more direct motives, principles of retaliation have been
introduced equally contrary to universal reason and acknowledged law.
How long their arbitrary edicts will be continued in spite of the
demonstrations that not even a pretext for them has been given by the
United States, and of the fair and liberal attempt to induce a
revocation of them, can not be anticipated. Assuring myself that under
every vicissitude the determined spirit and united councils of the
nation will be safeguards to its honor and its essential interests, I
repair to the post assigned me with no other discouragement than what
springs from my own inadequacy to its high duties. If I do not sink
under the weight of this deep conviction it is because I find some
support in a consciousness of the purposes and a confidence in the
principles which I bring with me into this arduous service.

To cherish peace and friendly intercourse with all nations having
correspondent dispositions; to maintain sincere neutrality toward
belligerent nations; to prefer in all cases amicable discussion and
reasonable accommodation of differences to a decision of them by an
appeal to arms; to exclude foreign intrigues and foreign partialities,
so degrading to all countries and so baneful to free ones; to foster a
spirit of independence too just to invade the rights of others, too
proud to surrender our own, too liberal to indulge unworthy prejudices
ourselves and too elevated not to look down upon them in others; to hold
the union of the States as the basis of their peace and happiness; to
support the Constitution, which is the cement of the Union, as well in
its limitations as in its authorities; to respect the rights and
authorities reserved to the States and to the people as equally
incorporated with and essential to the success of the general system; to
avoid the slightest interference with the rights of conscience or the
functions of religion, so wisely exempted from civil jurisdiction; to
preserve in their full energy the other salutary provisions in behalf of
private and personal rights, and of the freedom of the press; to observe
economy in public expenditures; to liberate the public resources by an
honorable discharge of the public debts; to keep within the requisite
limits a standing military force, always remembering that an armed and
trained militia is the firmest bulwark of republics  that without
standing armies their liberty can never be in danger, nor with large
ones safe; to promote by authorized means improvements friendly to
agriculture, to manufactures, and to external as well as internal
commerce; to favor in like manner the advancement of science and the
diffusion of information as the best aliment to true liberty; to carry
on the benevolent plans which have been so meritoriously applied to the
conversion of our aboriginal neighbors from the degradation and
wretchedness of savage life to a participation of the improvements of
which the human mind and manners are susceptible in a civilized
state  as far as sentiments and intentions such as these can aid the
fulfillment of my duty, they will be a resource which can not fail me.

It is my good fortune, moreover, to have the path in which I am to tread
lighted by examples of illustrious services successfully rendered in the
most trying difficulties by those who have marched before me. Of those
of my immediate predecessor it might least become me here to speak. I
may, however, be pardoned for not suppressing the sympathy with which my
heart is full in the rich reward he enjoys in the benedictions of a
beloved country, gratefully bestowed for exalted talents zealously
devoted through a long career to the advancement of its highest interest
and happiness.

But the source to which I look for the aids which alone can supply my
deficiencies is in the well-tried intelligence and virtue of my
fellow-citizens, and in the counsels of those representing them in the
other departments associated in the care of the national interests. In
these my confidence will under every difficulty be best placed, next to
that which we have all been encouraged to feel in the guardianship and
guidance of that Almighty Being whose power regulates the destiny of
nations, whose blessings have been so conspicuously dispensed to this
rising Republic, and to whom we are bound to address our devout
gratitude for the past, as well as our fervent supplications and best
hopes for the future.

MARCH 4, 1809.

SPECIAL SESSION MESSAGE.

 Fellow-Citizens of the Senate and of the House of Representatives :

On this first occasion of meeting you it affords me much satisfaction to
be able to communicate the commencement of a favorable change in our
foreign relations, the critical state of which induced a session of
Congress at this early period.

In consequence of the provisions of the act interdicting commercial
intercourse with Great Britain and France, our ministers at London and
Paris were without delay instructed to let it be understood by the
French and British Governments that the authority vested in the
Executive to renew commercial intercourse with their respective nations
would be exercised in the case specified by that act.

Soon after these instructions were dispatched it was found that the
British Government, anticipating from early proceedings of Congress at
their last session the state of our laws, which has had the effect of
placing the two belligerent powers on a footing of equal restrictions,
and relying on the conciliatory disposition of the United States, had
transmitted to their legation here provisional instructions not only to
offer satisfaction for the attack on the frigate  Chesapeake , and
to make known the determination of His Britannic Majesty to send an
envoy extraordinary with powers to conclude a treaty on all the points
between the two countries, but, moreover, to signify his willingness in
the meantime to withdraw his orders in council, in the persuasion that
the intercourse with Great Britain would be renewed on the part of the
United States.

These steps of the British Government led to the correspondence and the
proclamation now laid before you, by virtue of which the commerce
between the two countries will be renewable after the 10th day of June
next.

Whilst I take pleasure in doing justice to the councils of His Britannic
Majesty, which, no longer adhering to the policy which made an
abandonment by France of her decrees a prerequisite to a revocation of
the British orders, have substituted the amicable course which has
issued thus happily, I can not do less than refer to the proposal
heretofore made on the part of the United States, embracing a like
restoration of the suspended commerce, as a proof of the spirit of
accommodation which has at no time been intermitted, and to the result
which now calls for our congratulations, as corroborating the principles
by which the public councils have been guided during a period of the
most trying embarrassments.

The discontinuance of the British orders as they respect the United
States having been thus arranged, a communication of the event has been
forwarded in one of our public vessels to our minister plenipotentiary
at Paris, with instructions to avail himself of the important addition
thereby made to the considerations which press on the justice of the
French Government a revocation of its decrees or such a modification of
them as that they shall cease to violate the neutral commerce of the
United States.

The revision of our commercial laws proper to adapt them to the
arrangement which has taken place with Great Britain will doubtless
engage the early attention of Congress. It will be worthy at the same
time of their just and provident care to make such further alterations
in the laws as will more especially protect and foster the several
branches of manufacture which have been recently instituted or extended
by the laudable exertions of our citizens.

Under the existing aspect of our affairs I have thought it not
inconsistent with a just precaution to have the gunboats, with the
exception of those at New Orleans, placed in a situation incurring no
expense beyond that requisite for their preservation and conveniency for
future service, and to have the crews of those at New Orleans reduced to
the number required for their navigation and safety.

I have thought also that our citizens detached in quotas of militia
amounting to 100,000 under the act of March, 1808, might not improperly
be relieved from the state in which they were held for immediate
service. A discharge of them has been accordingly directed.

The progress made in raising and organizing the additional military
force, for which provision was made by the act of April, 1808, together
with the disposition of the troops, will appear by a report which the
Secretary of War is preparing, and which will be laid before you.

Of the additional frigates required by an act of the last session to be
fitted for actual service, two are in readiness, one nearly so, and the
fourth is expected to be ready in the month of July. A report which the
Secretary of the Navy is preparing on the subject, to be laid before
Congress, will shew at the same time the progress made in officering and
manning these ships. It will shew also the degree in which the
provisions of the act relating to the other public armed ships have been
carried into execution.

It will rest with the judgment of Congress to decide how far the change
in our external prospects may authorize any modifications of the laws
relating to the army and navy establishments.

The works of defense for our seaport towns and harbors have proceeded
with as much activity as the season of the year and other circumstances
would admit. It is necessary, however, to state that, the appropriations
hitherto made being found to be deficient, a further provision will
claim the early consideration of Congress.

The whole of the 8 per cent stock remaining due by the United States,
amounting to $5,300,000, had been reimbursed on the last day of the year
1808; and on the 1st day of April last the sum in the Treasury exceeded
$9,500,000. This, together with the receipts of the current year on
account of former revenue bonds, will probably be nearly if not
altogether sufficient to defray the expenses of the year. But the
suspension of exports and the consequent decrease of importations during
the last twelve months will necessarily cause a great diminution in the
receipts of the year 1810. After that year, should our foreign relations
be undisturbed, the revenue will again be more than commensurate to all
the expenditures.

Aware of the inconveniences of a protracted session at the present
season of the year, I forbear to call the attention of the Legislature
to any matters not particularly urgent. It remains, therefore, only to
assure you of the fidelity and alacrity with which I shall cooperate
for the welfare and happiness of our country, and to pray that it may
experience a continuance of the divine blessings by which it has been
so signally favored.

JAMES MADISON.

MAY 23, 1809.

SPECIAL MESSAGES.

MAY 26, 1809.

 To the Senate of the United States :

I now lay before Congress the report of the Secretary of War, shewing
the progress made in carrying into effect the act of April, 1808, for
raising an additional military force, and the disposition of the troops.

JAMES MADISON.

JUNE 4, 1809.

 To the Senate of the United States :

In compliance with the request of the legislature of Pennsylvania, I
transmit to Congress a copy of certain of its proceedings, communicated
for the purpose by the governor of that State.

JAMES MADISON.

JUNE 15, 1809.

 To the Senate of the United States :

In compliance with the resolution of the Senate of the 13th instant,
I transmit extracts from letters from Mr. Pinkney to the Secretary of
State, accompanied by letters and communications to him from the British
secretary of state for the foreign department, all of which have been
received here since the last session of Congress.

To these documents are added a communication just made by Mr. Erskine
to the Secretary of State, and his answer.

JAMES MADISON.

JUNE 20, 1809.

 To the Senate of the United States :

In compliance with the resolution of the Senate of the 19th instant, I
transmit such information as has been received respecting exiles from
Cuba arrived or expected within the United States; also a letter from
General Turreau connected with that subject.

JAMES MADISON.

JUNE 26, 1809.

 To the Senate of the United States :

The considerations which led to the nomination of a minister
plenipotentiary to Russia being strengthened by evidence since received
of the earnest desire of the Emperor to establish a diplomatic
intercourse between the two countries, and of a disposition in his
councils favorable to the extension of a commerce mutually advantageous,
as will be seen by the extracts from letters from General Armstrong and
Consul Harris herewith confidentially communicated, I nominate John
Quincy Adams, of Massachusetts, to be minister plenipotentiary of the
United States to the Court of Saint Petersburg.

JAMES MADISON.

PROCLAMATIONS.

 (From Annals of Congress, Eleventh Congress, part 2, 2060.)

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas it is provided by the eleventh section of the act of Congress
entitled "An act to interdict the commercial intercourse between the
United States and Great Britain and France and their dependencies, and
for other purposes," that "in case either France or Great Britain shall
so revoke or modify her edicts as that they shall cease to violate the
neutral commerce of the United States" the President is authorized to
declare the same by proclamation, after which the trade suspended by the
said act and by an act laying an embargo on all ships and vessels in the
ports and harbors of the United States and the several acts
supplementary thereto may be renewed with the nation so doing; and

Whereas the Honorable David Montague Erskine, His Britannic Majesty's
envoy extraordinary and minister plenipotentiary, has, by the order and
in the name of his Sovereign, declared to this Government that the
British orders in council of January and November, 1807, will have been
withdrawn as respects the United States on the 10th day of June next:

Now, therefore, I, James Madison, President of the United States, do
hereby proclaim that the orders in council aforesaid will have been
withdrawn on the said 10th day of June next, after which day the trade
of the United States with Great Britain, as suspended by the act of
Congress above mentioned and an act laying an embargo on all ships and
vessels in the ports and harbors of the United States and the several
acts supplementary thereto, may be renewed.

 (SEAL.)

Given under my hand and the seal of the United States at Washington,
the 19th day of April, A.D. 1809, and of the Independence of the United
States the thirty-third.

JAMES MADISON.

By the President:
  R. SMITH,
     Secretary of State .

 (From Annals of Congress, Eleventh Congress, part 2, 2076.)

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas, in consequence of a communication from His Britannic Majesty's
envoy extraordinary and minister plenipotentiary declaring that the
British orders of council of January and November, 1807, would have been
withdrawn on the 10th day of June last, and by virtue of authority given
in such event by the eleventh section of the act of Congress entitled
"An act to interdict the commercial intercourse between the United
States and Great Britain and France and their dependencies, and for
other purposes," I, James Madison, President of the United States, did
issue my proclamation bearing date on the 19th of April last, declaring
that the orders in council aforesaid would have been so withdrawn on the
said 10th day of June, after which the trade suspended by certain acts
of Congress might be renewed; and

Whereas it is now officially made known to me that the said orders in
council have not been withdrawn agreeably to the communication and
declaration aforesaid:

I do hereby proclaim the same, and, consequently, that the trade
renewable on the event of the said orders, being withdrawn, is to be
considered as under the operation of the several acts by which such
trade was suspended.

 (SEAL.)

Given under my hand and the seal of the United States at the city of
Washington, the 9th day of August, A.D. 1809, and of the Independence
of the said United States the thirty-fourth.

JAMES MADISON.

By the President:
  R. SMITH,
     Secretary of State .

FIRST ANNUAL MESSAGE.

NOVEMBER 29, 1809.

 Fellow-Citizens of the Senate and of the House of Representatives :

At the period of our last meeting I had the satisfaction of
communicating an adjustment with one of the principal belligerent
nations, highly important in itself, and still more so as presaging a
more extended accommodation. It is with deep concern I am now to inform
you that the favorable prospect has been overclouded by a refusal of the
British Government to abide by the act of its minister plenipotentiary,
and by its ensuing policy toward the United States as seen through the
communications of the minister sent to replace him.

Whatever pleas may be urged for a disavowal of engagements formed by
diplomatic functionaries in cases where by the terms of the engagements
a mutual ratification is reserved, or where notice at the time may have
been given of a departure from instructions, or in extraordinary cases
essentially violating the principles of equity, a disavowal could not
have been apprehended in a case where no such notice or violation
existed, where no such ratification was reserved, and more especially
where, as is now in proof, an engagement to be executed without any such
ratification was contemplated by the instructions given, and where it
had with good faith been carried into immediate execution on the part of
the United States.

These considerations not having restrained the British Government from
disavowing the arrangement by virtue of which its orders in council were
to be revoked, and the event authorizing the renewal of commercial
intercourse having thus not taken place, it necessarily became a
question of equal urgency and importance whether the act prohibiting
that intercourse was not to be considered as remaining in legal force.
This question being, after due deliberation, determined in the
affirmative, a proclamation to that effect was issued. It could not but
happen, however, that a return to this state of things from that which
had followed an execution of the arrangement by the United States would
involve difficulties. With a view to diminish these as much as possible,
the instructions from the Secretary of the Treasury now laid before you
were transmitted to the collectors of the several ports. If in
permitting British vessels to depart without giving bonds not to proceed
to their own ports it should appear that the tenor of legal authority
has not been strictly pursued, it is to be ascribed to the anxious
desire which was felt that no individuals should be injured by so
unforeseen an occurrence; and I rely on the regard of Congress for
the equitable interests of our own citizens to adopt whatever further
provisions may be found requisite for a general remission of penalties
involuntarily incurred.

The recall of the disavowed minister having been followed by the
appointment of a successor, hopes were indulged that the new mission
would contribute to alleviate the disappointment which had been
produced, and to remove the causes which had so long embarrassed the
good understanding of the two nations. It could not be doubted that it
would at least be charged with conciliatory explanations of the step
which had been taken and with proposals to be substituted for the
rejected arrangement. Reasonable and universal as this expectation was,
it also has not been fulfilled. From the first official disclosures of
the new minister it was found that he had received no authority to enter
into explanations relative to either branch of the arrangement disavowed
nor any authority to substitute proposals as to that branch which
concerned the British orders in council, and, finally, that his
proposals with respect to the other branch, the attack on the frigate
 Chesapeake , were founded on a presumption repeatedly declared to
be inadmissible by the United States, that the first step toward
adjustment was due from them, the proposals at the same time omitting
even a reference to the officer answerable for the murderous aggression,
and asserting a claim not less contrary to the British laws and British
practice than to the principles and obligations of the United States.

The correspondence between the Department of State and this minister
will show how unessentially the features presented in its commencement
have been varied in its progress. It will show also that, forgetting the
respect due to all governments, he did not refrain from imputations on
this, which required that no further communications should be received
from him. The necessity of this step will be made known to His Britannic
Majesty through the minister plenipotentiary of the United States in
London; and it would indicate a want of the confidence due to a
Government which so well understands and exacts what becomes foreign
ministers near it not to infer that the misconduct of its own
representative will be viewed in the same light in which it has been
regarded here. The British Government will learn at the same time that
a ready attention will be given to communications through any channel
which may be substituted. It will be happy if the change in this respect
should be accompanied by a favorable revision of the unfriendly policy
which has been so long pursued toward the United States.

With France, the other belligerent, whose trespasses on our commercial
rights have long been the subject of our just remonstrances, the posture
of our relations does not correspond with the measures taken on the part
of the United States to effect a favorable change. The result of the
several communications made to her Government, in pursuance of the
authorities vested by Congress in the Executive, is contained in the
correspondence of our minister at Paris now laid before you.

By some of the other belligerents, although professing just and amicable
dispositions, injuries materially affecting our commerce have not been
duly controlled or repressed. In these cases the interpositions deemed
proper on our part have not been omitted. But it well deserves the
consideration of the Legislature how far both the safety and the honor
of the American flag may be consulted, by adequate provisions against
that collusive prostitution of it by individuals unworthy of the
American name which has so much favored the real or pretended suspicions
under which the honest commerce of their fellow-citizens has suffered.

In relation to the powers on the coast of Barbary, nothing has occurred
which is not of a nature rather to inspire confidence than distrust as
to the continuance of the existing amity. With our Indian neighbors, the
just and benevolent system continued toward them has also preserved
peace, and is more and more advancing habits favorable to their
civilization and happiness.

From a statement which will be made by the Secretary of War it will be
seen that the fortifications on our maritime frontier are in many of the
ports completed, affording the defense which was contemplated, and that
a further time will be required to render complete the works in the
harbor of New York and in some other places. By the enlargement of the
works and the employment of a greater number of hands at the public
armories the supply of small arms of an improving quality appears to be
annually increasing at a rate that, with those made on private contract,
may be expected to go far toward providing for the public exigency.

The act of Congress providing for the equipment of our vessels of war
having been fully carried into execution, I refer to the statement of
the Secretary of the Navy for the information which may be proper on
that subject. To that statement is added a view of the transfers of
appropriations authorized by the act of the session preceding the last
and of the grounds on which the transfers were made.

Whatever may be the course of your deliberations on the subject of our
military establishments, I should fail in my duty in not recommending
to your serious attention the importance of giving to our militia, the
great bulwark of our security and resource of our power, an organization
the best adapted to eventual situations for which the United States
ought to be prepared.

The sums which had been previously accumulated in the Treasury, together
with the receipts during the year ending on the 30th of September last
(and amounting to more than $9,000,000), have enabled us to fulfill all
our engagements and to defray the current expenses of Government without
recurring to any loan. But the insecurity of our commerce and the
consequent diminution of the public revenue will probably produce a
deficiency in the receipts of the ensuing year, for which and for other
details I refer to the statements which will be transmitted from the
Treasury.

In the state which has been presented of our affairs with the great
parties to a disastrous and protracted war, carried on in a mode equally
injurious and unjust to the United States as a neutral nation, the
wisdom of the National legislature will be again summoned to the
important decision on the alternatives before them. That these will be
met in a spirit worthy the councils of a nation conscious both of its
rectitude and of its rights, and careful as well of its honor as of its
peace, I have an entire confidence; and that the result will be stamped
by a unanimity becoming the occasion, and be supported by every portion
of our citizens with a patriotism enlightened and invigorated by
experience, ought as little to be doubted.

In the midst of the wrongs and vexations experienced from external
causes there is much room for congratulation on the prosperity and
happiness flowing from our situation at home. The blessing of health
has never been more universal. The fruits of the seasons, though in
particular articles and districts short of their usual redundancy, are
more than sufficient for our wants and our comforts. The face of our
country everywhere presents the evidence of laudable enterprise, of
extensive capital, and of durable improvement. In a cultivation of the
materials and the extension of useful manufactures, more especially
in the general application to household fabrics, we behold a rapid
diminution of our dependence on foreign supplies. Nor is it unworthy
of reflection that this revolution in our pursuits and habits is in no
slight degree a consequence of those impolitic and arbitrary edicts by
which the contending nations, in endeavoring each of them to obstruct
our trade with the other, have so far abridged our means of procuring
the productions and manufactures of which our own are now taking the
place.

Recollecting always that for every advantage which may contribute to
distinguish our lot from that to which others are doomed by the unhappy
spirit of the times we are indebted to that Divine Providence whose
goodness has been so remarkably extended to this rising nation, it
becomes us to cherish a devout gratitude, and to implore from the same
omnipotent source a blessing on the consultations and measures about to
be undertaken for the welfare of our beloved country.

JAMES MADISON.

SPECIAL MESSAGES.

DECEMBER 12, 1809.

 To the House of Representatives of the United States :

According to the request of the House of Representatives expressed in
their resolution of the 11th instant, I now lay before them a printed
copy of a paper purporting to be a circular letter from Mr. Jackson to
the British consuls in the United States, as received in a Gazette at
the Department of State; and also a printed paper received in a letter
from our minister in London, purporting to be a copy of a dispatch from
Mr. Canning to Mr. Erskine of the 23d of January last.

JAMES MADISON.

DECEMBER 16, 1809.

 To the Senate of the United States :

Agreeably to the request in the resolution of the 15th instant, I
transmit a copy of the correspondence with the governor of Pennsylvania
in the case of Gideon Olmstead,

JAMES MADISON.

DECEMBER 16, 1809.

 To the House of Representatives of the United States :

Agreeably to the request expressed in the resolution of the 13th
instant, I lay before the House extracts from the correspondence of the
minister plenipotentiary of the United States at London.

JAMES MADISON.

DECEMBER 22, 1809.

 To the Senate of the United States :

I lay before the Senate, for their consideration whether they will
advise and consent to the ratification thereof, a treaty concluded on
the 30th September last with the Delaware, Potawattamie, Miami, and
Eel-river Miami Indian tribes northwest of the Ohio; a separate article
of the same date, with the said tribes, and a convention with the Weea
tribe, concluded on the 26th October last; the whole being accompanied
with the explanatory documents,

JAMES MADISON.