Look at the memorial from the Legislature of the Mississippi Territory, now on your table: that speaks a language and displays a spirit not to be mistaken. Their lives and fortunes are pledged to support you. The same may with equal truth be asserted of Kentucky, Tennessee, and the western people of Virginia and Pennsylvania. Is this a spirit to be repressed or put asleep by negotiation? If you suffer it to be extinguished, can you recall it in the hour of distress, when you want it? After negotiation shall have failed, after a powerful, ambitious nation shall have taken possession of the key of your western country, and fortified it; after the garrisons are filled by the veterans who have conquered the East, will you have it in your power to awake the generous spirit of that country and dispossess them? No; their confidence in such rulers will be gone; they will be disheartened, divided, and will place no further dependence upon you. They must abandon those who lost the precious moment of seizing, and forever securing their sole hope of subsistence and prosperity; they must then, from necessity, make the best bargain they can with the conquerer. It may be added, that the possession of the country on the east bank of the Mississippi will give compactness and irresistible strength to the United States; and in all future European wars, we shall be more courted and respected, than we can ever hope to be without it; on that score, therefore, security will be increased by this mea sure. Suppose that this course be not now pursued. Let me warn gentlemen how they trifle with the feelings, the hopes and the fears of such a body of men, who inhabit the western waters. Let every honorable man put the question to himself; how would half a million round him be affected by such a calamity, and no prompt measures taken by the Government to redress it? These men have arms in their hands; the same arms with which they proved victorious over their savage neighbors. They have a daring spirit; they have ample means of subsistence; and they have men disposed to lead them on to revenge their wrongs. Are you certain that they will wait the end of negotiation? When they hear that nothing has been done for their immediate relief, they will probably take their resolution and act. Indeed, from all we have heard, there is great reason to believe that they will, or that they may have already taken that resolution. They know the nature of the obstruction, they know the weakness of the country; they are sure of present success, and they have a bold river to bear them forward to the place of action. They only want a leader to conduct them, and it would be strange, if with such means and such a spirit, a leader should not soon present himself. Suppose they do go, and do chase away the present oppressors, and that in the end they are overpowered and defeated by a stronger foe than the present feeble possessors. They will never return to you, for you cannot protect them. They will make the best compromise they can with the FEBRUARY, 1803. Power commanding the mouth of the river, who, in effect, has thereby the command of their fortunes. Will such a bargain be of light or trivial moment to the Atlantic States. Bonaparte will then say to you, my French West India colonies, and those of my allies, can be supplied from my colony of Louisiana, with flour, pork, beef, lumber, and any other necessary. These articles can be carried by my own ships, navigated by my own sailors. If you, on the Atlantic coast, wish to trade with my colonies in those articles, you must pay fifteen or twenty per cent. of an impost. We want no further supplies from you. and revenue to France must be the condition of all future intercourse. What will you say to this? It will be vain to address your Western brethren, and complain your commerce is ruined, your revenue dwindles, and your condition is desperate. They will reply that you came not to their assistance in the only moment you could have saved them; that you balanced between national honor and sordid interest, and suffered them to be borne down and subdued, at a time when for a trifle you could have secured the Mississippi; that now their interest must be consulted, and it forbade any assistance to you, when following in the same train of ruin which overwhelmed them. If the evil does not immediately proceed the full length of disunion, yet the strength, the unity of exertion, the union of interest will be gone. We are no longer one people, and representatives from that part of the country in our public councils, will partake of the spirit and breathe the sentiments of a distinct nation; they will rob you of your public lands; they will not submit to taxes; they will form a girdle round the Southern States, which may be denominated a foreign yoke, and render the situation of that country very precarious as to its peace and past connexions. Indeed, every aspect of such a state of things is gloomy and alarming to men who take the trouble of reflecting upon it. But, sir, said Mr. R., I have heard it suggested that another mode has been contemplated for getting rid of this crisis in our affairs. If we remain perfectly quiet and passive, show no symptoms of uneasiness or discontent; if we give no offence to the new and probable masters of the Mississippi; may be they will sell! To me it is utterly incredible that such an effect would flow from such a conduct. They might possibly sell if they found us armed-in possession, and resolved to maintain it. They would see that even conquest would be a hard bargain, of so distant a country; our possession would be evidence of a fixed resolution. But when we have no army, no military preparation, no semblance of resistance, what would induce them to sell? Sell, sir! for how much? Why sir, although there is no information before this House, of any terms, yet I have seen it stated in the newspapers, that those who now pretend to claim that country may be persuaded to sell, by giving two million of dollars to certain influential persons about the Court Here Mr. WRIGHT, of Maryland, called Mr. Ross to order, and said that he thought it impro Mr. NICHOLAS objected, that it would not be in order for the gentleman to give his reasons. Mr. Ross. I will never speak upon this subject, sir, with closed doors. The moment you shut your doors I cease, and when they are opened I will proceed. There is nothing of a secret or confidential nature in what I have to say. Mr. R. concluded by calling for the yeas and nays, upon the question of closing the doors. Mr. WRIGHT read one of the rules of the Senate, to show that a vote was not necessary for closing the doors.† Mr. WELLS inquired whether it was in order to interrupt a gentleman while speaking, and to make a motion while he was in possession of the floor. The VICE PRESIDENT thought that in such a case, where a Senator thought that the subject required secrecy, it might be done. The doors must be closed at the request of any Senator, and afterwards the Senate would determine by vote, whether or not the business should proceed with closed doors. He then ordered the galleries and lobby to be cleared. The doors remained closed for some time, when they were again opened, and the Senate adjourned. TUESDAY, February 15. Upon reading the minutes of the preceding day, the following entry was found to have been made by the Secretary: "Mr. Ross stated in his place, that he had several resolutions to submit to the consideration of the Sen * Resolution of Senate, 22d of December, 1800.Resolved, That all confidential communications made by the President of the United States to the Senate, shall be, by the members thereof, kept inviolably secret; and that all treaties, which may hereafter be laid before the Senate, shall also be kept secret, until the Senate shall, by their resolution, take off the injunction of secrecy-Journals of Senate, 1800-Jefferson's Manual, section 52. † Of right the House ought not to be shut, but to be kept by porters or sergeants-at-arms, assigned for that purpose.-Mod. Ten. Parl. By the rules of the Senate, on motion made and seconded to shut the doors of the Senate on the discussion of any business, which may, in the opinion of the member require secrecy, the President shall direct the gallery to be cleared, and during the discussion of such motion the doors shall remain shut.-Rule 28Jefferson's Manual, section 18. SENATE. ate, on the infraction of the treaty by the Government of Spain, in withholding the right from the citizens of the United States to deposit their produce in the Spanish territories; upon which, while he was proceeding in some introductory observations, "On motion made and seconded, the galleries were cleared, and the doors were shut." The above entry on the minutes, Mr. CLINTON, of New York, moved to strike out, and the motion was carried. A confidential message was brought from the House of Representatives by Mr. NICHOLSON and Mr. BAYARD, a committee of that House; which was read, as follows: "Gentlemen of the Senate: "We transmit you a bill, which has passed this House, entitled "An act making further provision for the expenses attending the intercourse between the United States and foreign nations," and in which we request your concurrence. This bill has been passed by us in order to enable the President of the United States to commence, with more effect, a negotiation with the French and Spanish Governments, relative to the purchase of the island of New Orleans, and the provinces of East and West Florida. The nature and importance of the measures contemplated, have induced us to act upon the subject with closed doors. You will, of consequence, consider this communication as confidential." The message and two bills accompanying it were read, and ordered to the second reading. The Message yesterday received from the PRESIDENT OF THE UNITED STATES was read, as follows: Gentlemen of the Senate, and of the House of Representatives : In obedience to the ordinance for the government of the Territories of the United States, requiring that the laws adopted by the Governor and Judges thereof shall be reported to Congress from time to time, I now transmit those which have been adopted in the Indiana Territory, from January, 1801, to February, 1802, as forwarded to the office of the Secretary of State. FEB. 14, 1803. TH. JEFFERSON. Ordered, That the Message and laws therein referred to, be committed to Messrs. ANDERSON, BRECKENRIDGE, and CLINTON, to consider and report thereon. The bill yesterday brought up from the House of Representatives for concurrence, entitled "An act supplementary to the act, entitled 'An act providing passports for the ships and vessels of the United States," was read, and ordered to the second reading. Agreeably to the order of the day, the Senate resumed the motion for the reconsideration of the vote on the passage of the bill, entitled "An act for incorporating an insurance company in the City of Washington;" and on the question, Will the Senate agree to the reconsideration? it passed in the affirmative; and it was agreed that the consideration of this bill, as in its second reading, should be the order of the day for Friday next. On motion made and seconded, the galleries were cleared, and the doors of the Senate Chamber closed. Ordered, That the message and bills just received from the House of Representatives be considered as confidential, and that secrecy be observed by the members and officers of the Senate. The bill to alter the time of holding the court of the United States for the Kentucky district was read the second time, and referred to Messrs. T. FOSTER, BRECKENRIDGE, and ELLERY, to consider and report thereon. WEDNESDAY, February 16. The bill, entitled "An act supplementary to the act, entitled 'An act providing passports for the ships and vessels of the United States," was read the second time, and referred to Messrs. T. FosTER, CLINTON, and STONE, to consider and report thereon. The Senate took into consideration the amend ments reported by the committee to the bill, entitled "An act in addition to an act, entitled 'An act fixing the Military Peace Establishment of the United States," and, having agreed thereto, Ordered, That the bill pass to the third reading as amended. The bill to revive an act, entitled "An act for establishing trading-houses with the Indian tribes," was read the third time and amended; and it was agreed that the further consideration thereof should be postponed until to-morrow. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to make provision for persons that have been disabled by known wounds received in the actual service of the United States, during the Revolutionary war," and a bill, entitled "An act in addition to an act, entitled 'An act more effectually to provide for the national defence by establishing an uniform militia through out the United States," in which bills they desire the concurrence of the Senate. The bills last mentioned were read, and ordered to the second reading. Mr. NICHOLAS, from the committee to whom was referred, on the 7th instant, the bill, entitled "An act supplementary to 'the act concerning Consuls and Vice Consuls, and for the further protection of American seamen," reported amend FEBRUARY, 1803. the Senate, respecting the alarming condition of our affairs upon the Mississippi; that in a very interesting part of his inquiry he had been called to order; that the Vice President had expressly determined him to have been in order, and also declared that there was no confidential information before the Senate relating to the late aggressions upon our rights in Mississippi: yet, notwithstanding this declaration of the Vice President, as explicit as it was correct, Mr. R. said, the doors were actually closed and all further public discussions at that time prohibited. Yesterday the doors were again closed. He said it would be well recollected, that when this extraordinary measure was resorted to, he had given notice that he would not proceed further in the discussion, while the doors were shut, and that he would resume it whenever they should be opened. From that time to the present he had remained silent, but now, when a majority of the Senate had resolved that this discussion should be public, he would proceed to finish the remarks he had intended to make, and then offer his resolutions. He could not, however, avoid expressing his acknowledgments to the majority of that body, who had decided that this debate should be public, for although some gentlemen might be desirous to stifle, and smother in secrecy, an inquiry like the present, he firmly believed that there would always be firmness and independence enough in that House to meet in public the investigation of every subject proper for public deliberation. Mr. R. said he would not return to a repetition of what he had formerly stated, it would be sufficient to mention, that he had urged the importance of our rights in the navigation of the Mississippi, founded in nature, and acknowledged by compact. This was the great and only highway of commerce from the western country to the ocean. That the Spaniards after a long execution of this treaty, have now flagrantly violated it, and shut us out from all intercourse, and from the right of deposit: that they have plundered our citizens upon the ocean; carried our vessels into their ports, and condemned them without the semblance of a trial. Our seamen have been cast into prison, and our merchants ruined. Thus assailed upon the ocean, and upon tility, without provocation and without apology, ments, which were read, and agreed to; and the land, by a long course of oppression and hos Ordered, That the bill pass to the third reading as amended. The confidential bills brought yesterday from the House of Representatives were severally read the second time, and referred to Messrs. BRADLEY, BRECKENRIDGE, BALDWIN, NICHOLAS, and STONE to consider and report thereon. Mr. BRECKENRIDGE, from the committee to whom was recommitted, on the 11th instant, the bill, entitled "An act for the relief of insolvent debtors within the District of Columbia," reported further amendments; which were read, and it was agreed that this bill should be the order of the day for Wednesday next. MISSISSIPPI QUESTION. Mr. Ross rose and said, that two days ago he had the honor of stating some of his opinions to he knew but one course we could take which t permit them to adhere promised complete redress of our wrongs. Ex- If they act thus without right, why not enforce yours by taking possession? Will you submit to be taken by the neck and kicked out without a struggle? Was there not spirit enough in the country to repel and punish such unheard-of insolence? Is not the magnitude of the interest at stake, such as to warrant the most vigorous and decisive course which can express public indignation? Go then, take the guardianship of your rights upon yourselves, trust it no longer to those who have so grossly abused the power they have had over it; reinstate yourselves in the possession of that which has been wrested from you and withheld by faithless men, who confess themselves no longer the owners of the country over which they are exercising these acts of injustice and outrage. Negotiation may, perhaps, be wise, but this is the effectual measure to support it; when it is seen that you have determined to support your just demands with force, that you have al ready taken into your hands an ample pledge for future security and good behaviour, your Ambassador will be respected and attended to. But what weight will his remonstrances have in any country of Europe, when they hear of no military preparations to vindicate your pretensions; when they learn that you have been chased out of a possession confessedly your right; that you have been insultingly told, Begone, you shall not buy, you shall not sell, you are such a nuisance we will have no intercourse with you! Where is the nation, ancient or modern, that has borne such treatment without resentment or resistance? Where is the nation that will respect another that is passive under such humiliating degradation and disgrace? Your outlet to market closed, next they will trample you under foot upon your own territory which borders upon theirs! Yet you will not stir, you will not arm a single man; you will negotiate! Negotiation alone, under such circumstances, must be hopeless. No. Go forward, remove the aggressors, clearaway the obstructions, restore your possession with your own hand, and use your sword if resistance be offered. Call upon those who are most injured, to redress themselves; you have only to give the call, you have men enough near to the scene, without sending a man from this side the mountains; force sufficient, and more than sufficient, for a prompt execution of your orders. If money be an object, one half of the money which would be consumed and lost by delay and negotiation, would put you in possession; then you may negotiate whether you shall abandon it and go out again. You may also then negotiate as to compensation for the spoliations upon your trade. You will have ample funds in your own hands to pay your merchants, if the Spaniards continue their refusals to pay. You will have lands to give, which they will readily accept and assist in defending. In this way they may all be indemnified; by negotiation there is little hope that they ever will. It may be said that the Executive is pursuing another and very different course. The Executive will certainly pursue the course designated by the Legislature. To the Congress has been confided the power of deciding what shall be SENATE. done in all cases of hostility by foreign Powers. There can be no doubt that, by the law of nature and nations, we are clearly authorized to employ force for our redress in such a case as this; that we have a just right to take such measures as will prevent a repetition of the mischief, and afford ample security for the future quiet enjoyment of the violated right. If we leave it entirely to the Executive, he can only employ negotiation, as being the sole means in his power. If the right be not abandoned what is to be done? I know, said Mr. R., that some gentlemen think there is a mode of accomplishing our object, of which, by a most extraordinary proceeding, I am forbidden to speak on this occasion; I will not, therefore, touch it. But I will ask honorable gentlemen, especially those from the Western country, what they will say on their return home to a people pressed by the heavy hand of this calamity, when they inquire, What has been done? What are our hopes? How long will this obstruction continue? You answer: We have provided a remedy, but it is a secret! We are not allowed to speak of it there, much less here; it was only committed to confidential men in whispers, with closed doors; but, by and by, you will see it operate like enchantment; it is a sovereign balsam which will heal your wounded honor; it is a potent spell, or a kind of patent medicine which will extinguish and forever put at rest the devouring spirit which has desolated so many nations of Europe? You never can know exactly what it is; nor can we tell you precisely the time it will begin to operate; but operate it certainly will, and effectually too! You will see strange things by and by; wait patiently, and place full faith in us, for we cannot be mistaken! This idle tale may amuse children. But the men of that country will not be satisfied. They will tell you that they expected better things of you, that their confidence has been misplaced, and will not wait the operation of your newly invented drugs; they will go and redress themselves. I say, also, let us go and redress ourselves; you will have the whole nation with you. On no question since the Declaration of Independence, has the nation been so unanimous as upon this. We have at different times suffered great indignity and outrages from different European Powers; but none so palpable, so inexcusable. so provoking, or of such magnitude in their consequences, as this. Upon none has public opinion united so generally as this. It is true we have a lamentable division of political opinion among us, which has produced much mischief, and may produce much greater than any we have yet felt. On this question, party spirit ought to sink and disappear. My opinions are well known, and are not likely to change; but I candidly, and with all possible sincerity, declare my conviction to be clear, that there will not be a dissenting voice in the western country if this course be taken; that so far as my own abilities go, they shall be exerted to the utmost to support it; and I know that my friends on this floor with whom I have long thought and acted, have too high a regard for the national honor, and the best interests of their country, to hesitate a moment giving the same pledge of their honest determination to support and render these measures effectual, if taken: call them ours, if you please, we take the responsibility, and leave the execution of them with you. For, as to myself or my friends, no agency is wished, except that of uniting with you in rousing the spirit, and calling out the resources of the country, to protect itself against serious aggression, and the total subjection and loss of the western country. If you pursue this advice, and act promptly and boldly upon it; if you take possession, and prepare to maintain it; from the very unanimity displayed, you will have no war-you will meet with no resistance. Indeed, a war may be said to be already begun, for hostility of the worst kind, on one side, has been long in practice upon us, and our retaliation or resistance will be justified on every principle which has governed the conduct of nations. If the Spaniards resist you in taking possession of what by treaty they have acknowledged to be yours, and what they now confess does not belong to them, the war certainly begins with them. Under all these circumstances, with these offers of support, could gentlemen doubt, could they venture to cry peace, peace, when there was no peace, but a sword! Mr. R. entreated gentlemen to view and consider his proposed resolutions with candor. He declared his intentions to be solely the attainment of an object, the loss of which would destroy the country where he resided, and hazard the Union itself. If gentlemen thought the proposed means inadequate, he would agree to enlarge them with cheerfulness; all that he wished was that effectual means be voted and employed in this golden moment, which, if lost, never would return. He said he would delay the Senate no longer than to present his resolutions, and give notice that he would move to have them printed, and made the order of the day for some future day; for, as gentlemen had consented that this business should be no longer a secret, they would now become the subject of ample and able discussion. Mr. R. then read his resolutions, which are as follows: "Resolved, That the United States have an indisputable right to the free navigation of the river Mississippi, and to a convenient place of deposit for their produce and merchandise in the island of New Orleans. "That the late infraction of such, their unquestionable right, is an aggression hostile to their honor and interest. "That it does not consist with the dignity or safety of this Union to hold a right so important by a tenure so uncertain. "That it materially concerns such of the American citizens as dwell on the western waters, and is essen tial to the union, strength, and prosperity of these States, that they obtain complete security for the full and peaceable enjoyment of such their absolute right. "That the President be authorized to take immediate possession of such place or places, in the said island, or the adjacent territories, as he may deem fit and con FEBRUARY, 1803. venient for the purposes aforesaid; and to adopt such other measures for obtaining that complete security as to him in his wisdom shall seem meet. "That he be authorized to call into actual service any number of the militia of the States of South Carolina, Georgia, Ohio, Kentucky, Tennessee, or of the Mississippi Territory, which he may think proper, not exceeding fifty thousand, and to employ them, together with the military and naval forces of the Union, for effecting the objects above mentioned. "That the sum of five millions of dollars be appropriated to the carrying into effect the foregoing resolutions, and that the whole or any part of that sum be paid or applied, on warrants drawn in pursuance of such directions as the President may, from time to time, think proper to give to the Secretary of the Treasury." After reading the resolutions, Mr. Ross said, I will now move these resolutions, and if gentlemen on the other side shall be disposed to give to the President greater power, I will cheerfully join them in extending it as far as they may think necessary to the accomplishment of the object. Mr. WELLS rose and seconded the motion. resolutions be the order of the day for Monday. Mr. NICHOLAS rose and said he wished to make one or two observations in reply to The VICE PRESIDENT interrupted him, and said if those observations were intended to apply to the question whether the resolutions should be the order for Monday, they would be proper, otherwise they would not be in order. Mr. NICHOLAS said he did not wish to go into any discussion of the merits of the resolutions. He merely wished to remark, that the course pursued by the gentleman on this occasion was altogether new and extraordinary. I presume, said he, that the gentleman expects to derive some advantage from the adoption of this course. If so, he is quite welcome to any advantage which he can gain. I believe that the American people are too enlightened and too well informed to be deceived by anything that has been said, or by the novel course which has been pursued. It is usual when any business of such importance is about to be introduced, to give some previous notice, in order that gentlemen may be prepared to discuss the subject. Why the gentleman has thought proper to depart from it in the present instance I cannot pretend to say. However, all that I think important to say at present is in reply to the assertion, that we are not informed of the intention of ー The VICE PRESIDENT again interrupted him, and said that the question before the Senate was. whether the resolution should be the order for Monday. Upon that question, no remarks in reply to the gentleman from Pennsylvania could be admitted. If gentlemen were disposed to discuss the resolution, or to reply to any arguments which had been advanced by the mover, the regular method would be to negative the motion, and then the whole subject would again be open. Mr. Ross said he did not wish to preclude any observations which any gentleman might be disposed to make; and if the gentleman from Vir |