Part 26

To the Senate of the United States:

In compliance with the request of the Senate of yesterday's date, I now communicate the entire correspondence between the ambassador of Tunis and the Secretary of State, from which the Senate will see that the first application by the ambassador for restitution of the vessels taken in violation of blockade having been yielded to, the only remaining cause of difference brought forward by him is the requisition of a present of naval stores to secure a peace for three years, after which the inference is obvious that a renewal of the presents is to be expected to renew the prolongation of peace for another term. But this demand has been pressed in verbal conferences much more explicitly and pertinaciously than appears in the written correspondence. To save the delay of copying, some originals are inclosed, with a request that they be returned.

TH. JEFFERSON.

APRIL 19, 1806.

To the Senate of the United States:

I nominate James Monroe, now minister plenipotentiary of the United States at the Court of London, and William Pinkney, of Maryland, to be commissioners plenipotentiary and extraordinary for settling all matters of difference between the United States and the United Kingdoms of Great Britain and Ireland relative to wrongs committed between the parties on the high seas or other waters, and for establishing the principles of navigation and commerce between them.

James Houston, of Maryland, to be judge of the court of the United States for the district of Maryland.

Willis W. Parker, of Virginia, to be collector of the district and inspector of the revenue for the port of South Quay.

TH. JEFFERSON.

PROCLAMATIONS.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas satisfactory information has been received that Henry Whitby, commanding a British armed vessel called the Leander, did on the 25th day of the month of April last, within the waters and jurisdiction of the United States, and near to the entrance of the harbor of New York, by a cannon shot fired from the said vessel Leander, commit a murder on the body of John Pierce, a citizen of the United States, then pursuing his lawful vocation within the same waters and jurisdiction of the United States and near to their shores; and that the said Henry Whitby can not at this time be brought to justice by the ordinary process of law; and

Whereas it does further appear that both before and after the said day sundry trespasses, wrongs, and unlawful interruptions and vexations on trading vessels coming to the United States, and within their waters and vicinity, were committed by the said armed vessel the Leander, her officers and people; by one other armed vessel called the Cambrian, commanded by John Nairne, her officers and people; and by one other armed vessel called the Driver, commanded by Slingsby Simpson, her officers and people; which vessels, being all of the same nation, were aiding and assisting each other in the trespasses, interruptions, and vexations aforesaid:

Now, therefore, to the end that the said Henry Whitby may be brought to justice and due punishment inflicted for the said murder, I do hereby especially enjoin and require all officers having authority, civil or military, and all other persons within the limits or jurisdiction of the United States, wheresoever the said Henry Whitby may be found, now or hereafter, to apprehend and secure the said Henry Whitby, and him safely and diligently to deliver to the civil authority of the place, to be proceeded against according to law.

And I do hereby further require that the said armed vessel the Leander, with her officers and people, and the said armed vessels the Cambrian and Driver, their officers and people, immediately and without any delay depart from the harbors and wraters of the United States. And I do forever interdict the entrance of all other vessels which shall be commanded by the said Henry Whitby, John Nairne, and Slingsby Simpson, or either of them.

And if the said vessels, or any of them, shall fail to depart as aforesaid, or shall reenter the harbors or waters aforesaid, I do in that case forbid all intercourse with the said armed vessels the Leander, the Cambrian, and the Driver, or with any of them, and the officers and crews thereof, and do prohibit all supplies and aid from being furnished them, or any of them. And I do declare and make known that if any person from or within the jurisdictional limits of the United States shall afford any aid to either of the said armed vessels contrary to the prohibition contained in this proclamation, either in repairing such vessel or in furnishing her, her officers or crew, with supplies of any kind or in any manner whatever; or if any pilot shall assist in navigating any of the said armed vessels, unless it be for the purpose of carrying them in the first instance beyond the limits and jurisdiction of the United States, such person or persons shall on conviction suffer all the pains and penalties by the laws provided for such offenses. And I do hereby enjoin and require all persons bearing office, civil or military, within the United States, and all others citizens or inhabitants thereof, or being within the same, with vigilance and promptitude to exert their respective authorities and to be aiding and assisting to the carrying this proclamation and every part thereof into full effect.

In testimony whereof I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand.

Given at the city of Washington, the 3d day of May, A.D. 1806, and of the Sovereignty and Independence of the United States the thirtieth.

TH. JEFFERSON.

By the President: JAMES MADISON, Secretary of State.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas information has been received that sundry persons, citizens of the United States or residents within the same, are conspiring and confederating together to begin and set on foot, provide, and prepare the means for a military expedition or enterprise against the dominions of Spain; that for this purpose they are fitting out and arming vessels in the western waters of the United States, collecting provisions, arms, military stores, and means; are deceiving and seducing honest and well-meaning citizens, under various pretenses, to engage in their criminal enterprises; are organizing, officering, and arming themselves for the same, contrary to the laws in such cases made and provided:

I have therefore thought proper to issue this my proclamation, warning and enjoining all faithful citizens who have been led without due knowledge or consideration to participate in the said unlawful enterprises to withdraw from the same without delay, and commanding all persons whatsoever engaged or concerned in the same to cease all further proceedings therein, as they will answer the contrary at their peril and incur prosecution with all the rigors of the law. And I hereby enjoin and require all officers, civil and military, of the United States, or of any of the States or Territories, and especially all governors and other executive authorities, all judges, justices, and other officers of the peace, all military officers of the Army or Navy of the United States, or officers of the militia, to be vigilant, each within his respective department and according to his functions, in searching out and bringing to condign punishment all persons engaged or concerned in such enterprise, in seizing and detaining, subject to the disposition of the law, all vessels, arms, military stores, or other means provided or providing for the same, and, in general, in preventing the carrying on such expedition or enterprise by all lawful means within their power; and I require all good and faithful citizens and others within the United States to be aiding and assisting herein, and especially in the discovery, apprehension, and bringing to justice of all such offenders, in preventing the execution of their unlawful designs, and in giving information against them to the proper authorities.

In testimony whereof I have caused the seal of the United States to be affixed to these presents, and have signed the same with my hand.

Given at the city of Washington on the 27th day of November, 1806, and in the year of the Sovereignty of the United States the thirty-first.

TH. JEFFERSON.