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Thall be manned by not more than two-thirds of their compliment of feamen and org dinary feamen. Whether a frigate may be trufted to two-thirds only of her proper compliment of men, muft depend on the nature of the service on which she is ordered; that may fometimes for her fafety, as well as to ensure her object, require her fulleft compliment. In adverting to this fubject, congrefs will perhaps confider, whether the best limitation on the executive difcretion in this cafe would not be, by the number of feamen which may be employed in the whole service, rather than by the number of veffels. Occafions oftener arife for the employment of small than of large veffels, and it would leffen risk as well as expense to be authorized to employ them of preference; the limitation fuggested by the number of feamen would admit a felection of vessels beft adapted to the fervice.

Our Indian neighbours are advancing, many of them with fpirit, and others beginning to engage, in the pursuits of agriculture and household manufacture. They are becoming fenfible that the earth yields fubfiftence with less labour and more certainty than the foreft, and find it their interest from time to time to dispose of parts of their furplus and wafte lands for the means of improving thofe they occupy, and of fubfifting their families while they are preparing their farms. Since your last feffion the northern tribes have fold to us the lands between the Connecticut reserve and the former Indian boundary; and thofe on the Ohio, from the fame boundary to the Rapids and for a confiderable depth inland. The Chickasaws and Cherokees have fold us the country between, and adjacent to, the two diftricts of Tenneffee; and the Creeks the refidue of their lands in the fork of Ocmulgee, up to the Ul cofauhatche. The three former purchases are important, inasmuch as they confolidate disjoined parts of our fettled country, and render their intercourse fecure; and the fecond particularly fo, as, with the fmall point on the river, which we expect is by this time ceded by the Piankefhaws, it completes our poffeffion of the whole of both banks of the Óhio, from its fource to near its mouth, and the navigation of that river is thereby rendered forever safe to our citizens fettled and settling on its extenfive waters. The purchafe from the Creeks too has been for some time peculiarly interefting to the ftate of Georgia.

The feveral treaties which have been mentioned will be submitted to both houfes of congrefs for the exercife of their respective functions.

Deputations now on their way to the feat of government, from various nations of Indians, inhabiting the Miffouri and other parts beyond the Miffiffippi, come charged with affurances of their fatisfaction with the new relations in which they are placed with us, of their difpofitions to cultivate our peace and friendship, and their defire to enter into commercial intercourfe with us.

A state of our progrefs in exploring the principal rivers of that country, and of the information respecting them hitherto obtained, will be communicated as foon as we fhall receive fome further relation, which we have reafon fhortly to expect. The receipts at the treasury, during the year ending on the 30th day of SeptemBer laft, have exceeded the fum of thirteen millions of dollars, which, with not quite five millions in the treasury at the beginning of the year, have enabled us, after meeting other demands, to pay nearly two millions of the debt contracted under the British treaty and convention, upwards of four millions of principal of the publick debt,and four millions of interest. These payments, with those which had been made in three years and half preceding, have extinguifhed of the funded debt nearly eighteen millions of principal.

Congrefs, by their act of November 10, 1803, authorised us to borrow 1,750,000 dollars towards meeting the claims of our citizens, affumed by the convention with France. We have not however made use of this authority: because the fum of four millions and an half, which remained in the treasury on the fame 20th day of September laft, with the receipts which we may calculate on for the enfuing year, befides paying the annual fum of eight millions of dollars, appropriated to the funded debt, and meeting all the current demands which may be expected, will enable us to pay the whole fum of three millions feven hundred and fifty thousand dollars, affumed by the French convention, and still leave us a furplus of nearly a million of dollars at our free difpofal. Should you concur in the provifions of arms and armed veffels recommended by the circumstances of the times, this furplus will furnish the means of doing fo.

On this firft occafion of addreffing congrefs, fince, by the choice of my conftity

ents, Thave entered on a fecond term of administration, I embrace the opportunity to give this publick afsurance that I will exert my best endeavours to adminifter faithfully the executive department, and will zealously co-operate with you in every measure which may tend to fecure the liberty, property, and perfonal safety of our fellow citizens, and to confolidate the republican forms and principles of our gov

ernment.

In the courfe of your feffion, you shall receive all the aid which I can give for the dispatch of the publick business, and all the information neceflary for your deliberations, of which the interefts of our own country and the confidence reposed in us by others, will admit a communication. TA: JEFFERSON.

Dec. 3, 1805.

REPORT FROM THE GOVERNOUR, AND PRESIDING JUDGE OF THE
TERRITORY OF MICHIGAN, RELATIVE TO THE STATE OF THAT
TERRITORY. TRANSMITTED BY THE PRESIDENT, DEC. 23, 1895.

To the Senate and House of Reprefentatives

of the United States of America.

THE governour and prefiding judge of the territory of Michigan have made a report to me of the ftate of that territory, feveral matters in which being within the reach of the legislative authority only, I lay the report before congrefs. TH: JEFFERSON.

December 23, 1805.

(COPY.)

Detroit, October 10, 1805.

THE governour of the territory of Michigan and the prefiding judge thereof, in compliance with the wishes of the government and the people of the territory, have the honour to make the following report relative to the affairs of the territory.

By the act of the congrefs of the United States eftablishing the territory, the government thereof was to commence from and after the thirtieth day of June, one thousand eight hundred five. The prefiding judge arrived at Detroit, the feat of the government, on Saturday the 29th day of June, and the governour on Monday the first day of July. The affociate judge, who was previously a refident of the territory, was already there. On Tuesday the 2d July, the governour, in purfuance of the ordinance of congrefs, adminiftered to the feveral officers their respective oaths of office, and on the fame day the operations of the government commenced.

It was the unfortunate fate of the new government, to commence its operations in a scene of the deepest publick and private calamity. By the confla gration of Detroit, which took place on the morning of the 11th of June, all the buildings of that place, both publick and private, were entirely confume ed; and the most valuable part of the perfonal property of the inhabitants, was loft. On the arrival of the new government, a part of the people were found encamped on the publick grounds, in the vicinity of the town, and the remainder were dispersed through the neighbouring fettlements of the country; both on the British and the American fide of the boundary.

The place which bore the appellation of the town of Detroit, was a spot of about two acres of ground, completely covered with buildings, and combuftible materials, the narrow intervals of fourteen or fifteen feet, used as streets or lanes, only excepted; and the whole was environed with a very strong and fecure defence of tall and folid picquets. The circumjacent ground, the bank of the river alone excepted, was a wide common and though affertions are made refpecting the existence, among the records of Quebec, of a charter from the king of France, confirming this common as an appurtenance to the town, it was either the property of the United States, or at least such as individual claims did not pretend to cover. The fully of attempting to

rebuild the town in the original mode was obvious to every mind; yet there existed no authority, either in the country, or in the officers of the new gov ernment, to difpofe of the adjacent ground. Hence had already arisen a state of diffention which urgently required the interpofition of fome authority to quiet. Some of the inhabitants, deftitute of fhelter, and hopeless of any prompt arrangements of government, had reoccupied their former ground, and a few buildings had already been erected in the midft of the old ruins. Another portion of the inhabitants had determined to take poffeffion of the adjacent publick ground, and to throw themselves on the liberality of the government of the United States, either to make them a donation of the ground as a compensation for their sufferings, or to accept of a very moderate price for it. If they could have made any arrangement of the various pretenfions of individuals, or could have agreed on any plan of a town, they would foon have begun to build. But the want of a civil authority to decide interfering claims, or to compel the refractory to submit to the wishes of a majority, had yet prevented them from carrying any particular measure into execution. On the morning of Monday the first day of July, the inhabitants had affembled, for the purpose of refolving on fome definitive mode of proce dure. The judges prevailed on them to defer their intentions for a fhort time, giving them affurances that the governour of the territory would fhortly arrive, and that every arrangement, in the power of their domeftick government, would be made for their relief. On thefe reprefentations they confented to defer their measures for one fortnight. In the evening of the same day the governour arrived: It was his firft measure to prevent any encroachments from being made on the publick land. The fituation of the diftreffed inhabitants then occupied the attention of the members of the government for two or three days. The refult of these difcuffions was, to proceed to lay out a new town, embracing the whole of the old town, and the publick lands adjacent; to ftate to the people that nothing in the nature of a title could be given, under any authorities then poffeffed by the government; and that they could not be juftified in holding out any charitable donations whatever, as à compenfation for their fufferings; but that every perfonal exertion would be ufed to obtain a confirmation of the arrangements about to be made, and to obtain the liberal attention of the government of the United States to their diftreffes.

A town was accordingly furveyed and laid out, and the want of authority to impart any regular title, without the fubfequent fanction of congrefs, being firft impreffed, and clearly understood, the lots were exposed to fale under that refervation. Where the purchafer of a lot was a proprietor in the old town, he was at liberty to extinguifh his former property in his new acquifition, foot for foot, and was expected to pay only for the furplus, at the rate expreffed in his bid. A confiderable part of the inhabitants were only tenants in the old town, there being no means of acquiring any new titles. The fale of course could not be confined merely to former proprietors but as far as poffi ble, was confined to former inhabitants. After the fale of a confiderable part, by auction, the remainder was difpofed of by private contract, deducting from the previous fales the bafis of the terms. As foon as the neceffities of the immediate inhabitants were accommodated, the fales wre entirely ftop ped until the pleasure of government could be confulted. As no title could be made, or was pretended to be made, no payments were required, or any monies permitted to be received until the expiration of one year, to afford time for congrefs to interpofe. The remaining part was ftipulated to be paid in four fucceffive annual inftalments. The higheft fum refulting from the bids was feven cents, for a fquare foot, and the whole averaged at leaft four cents, In this way the inhabitants were fully fatisfied to commence 'their buildings, and the interfering pretenfions of all individuals were eventually reconciled. The validity of any of the titles was not taken into view. The posion un der the titles, fuch as they were, was alone regarded, and the validity of title

left to await the iffue of fuch measures as congrefs might adopt, relative to landed titles in the territory of Michigan generally. It therefore now remains for the congrefs of the United States either to refufe a fanction of the arrangement made, or by imparting a regular authority to make it, or in fome other mode in their wisdom deemed proper, to relieve the inhabitants from one of the most immediate diftreffes, occafioned by the calamitous conflagration.

Strongly impreffed with a fenfe of the worth of the people, and deeply commiferating their sufferings, of a great part of which they were eye witneffes, the officers of their local government cannot refrain from adding their warmeft degree of recommendation to forward the liberality the congrefs of the United States will unquestionably be inclined to exercise towards them; and the difpofition which will doubtlefs prevail towards attaching their affections, promoting their interefts, and relieving their diftrefs. Whether a donation of the acquifitions which have been stated, or of lands more remote, or the application of the proceeds to publick purposes within the country, will be most advisable, the undersigned pretend not to fay; but whatever relief may be extended to them on the part of the general government, they hefttate not to affert, will be of the most effential utility to them, and rendered to objects of real merit.

The organization of the courts of juftice next demanded confideration. A judicial fyftem was established on principles of convenience, economy, and fimplicity. Courts were held under it, and all the exifting bufine fs fettled. Every fubject requiring to be legiflated upon was acted on, as far as the government was competent to act. At the clofe of the other arrangements, the militia of the territory were completely organized and brought into the field.

The various acts, both of a legiflative and executive defcription, will appear at large in the femiannual report of them, which the laws of the United States require, and it will therefore be unneceffary to exhibit the details of them.

The grand juries constantly presented addresses to the courts on the subject of their land titles. The feveral companies of militia, elected delegates to a general meeting, which, among other objects, addreffed the government on the fubject of their titles; and earneftly requefted the perfonal attendance of the governour and one of the judges, during a part of the feffion of congrefs. Indeed the confufed fituation of land titles, during the nine or tent years the United States have had poffeffion of the country, has been fuch, and is fo increafing by lapfe of time, as now loudly to call for a definitive adjustment.

It is now nearly a century and a half fince the first settlements were made in this country, under the French government, and in the reign of Louis the fourteenth, whofe name it then bore, in common with what has fince exclu fively been termed Louifiana. In 1673, an officer, commiffioned by the French government, explored the waters of the weft; taking his departure from lake Michigan, he penetrated to the Ouifconfin river, and afterwards to the Miffiffippi, and returned through the Illinois country, after having failed down the Miffiffippi within one degree of latitude of the fouthern boundary of the United States, previous to the late treaty of Paris, of April, 1803, and that anteriour to the discovery of the mouth of the Miffiffippi by La Salle. Prior to this era the settlements of the ftraight had commenced, and Detroit claims an antiquity of fifteen years fuperiour to the city of Philadelphia. The few titles granted by the government of France were of three French acres in front, on the banks of the river, by forty in depth, fubject to the feudal and feignoral conditions, which ufually accompained titles in France. The ancient French code called la coutume de Paris was the established law of the country; and the rights of land were made ftrictly conformable to it. All thefe grants, however, required the grantee, in a limited period, to obtain a confirmation from the king; and, with the exception of a very few, this confirmation has never been made. On the conqueft of the French poffeffions by Great-Britain, in the war which terminated by the treaty of Paris in the year 1763, as well in original articles of capitulation in 1759 and in 1760, as

in the fubfequent treaty itself, the property of the inhabitants of the country is confined to them. The expreffion in the original is, leurs biens,nobles et ignobles, meubles et immeubles. It is therefore conceived to comprehend thefe lands. On the acquifition by the United States of America of that portion of Canada which is now comprehended within the limits of the territory of Michigan, by the definitive treaty of peace, at Paris, in 1783, the fubjects of his Britannick majefty are fecured from lofs, or damage in person, liberty, or property, and in the treaty of London, negociated between Mr. Jay and lord Grenville, in November, 1794, they are ftill more particularly confirmed in their property of every kind, land, houses, or effects. However defective, therefore, the clafs of original proprietors may be, with refpect to the evidence of title according to the American forms, it is conceived their rights are extremely ftrong. The British government granted few titles, and these were generally mere permiffions of military officers to ufe or occupy certain pieces of land, often unaccompanied with any written evidences, but affuming, from long continued poffeffion, an appearance of right. Under the American government no titles of any kind have been granted.

From this ftate of things fome confequences have refulted, which are 'not indeed difficult to forefee, but which it is difficult to remedy. One of these confequences, and perhaps not the leaft important, is the effect it has had on the destiny and moral character of the progeny of the original colonists. When it is remembered, that the troops of Louis the fourteenth, came without women, the description of perfons conftituting the fecond generation will not be difficult to conceive. When it is confidered at the same time, that deftitute of titles to land, they were precluded from the means of acquiring them, it will be obvious that an entrance into the savage societies, or at most employments in the commerce carried on with them, were their only refources. While, therefore, the American colonizations of the fame, and of subsequent date, have grown into regular, agricultural, and opulent ftates, these countries have been deftined to anarchy, to ignorance, to poverty. The emigrant, whom curiofity, or enterprife, at any time brought into the country, was either attracted to the British fide of it, or difappeared in fome mode lefs eafy to account for. Acceffion, by foreign population, and by natural increase, being thus, at once cut off, the fate of this fine region has neceffarily been that infignificance which ftill belongs to it. The British government, in recent periods, have confirmed original proprietors, made a donation of a quantity equal to the original grant, termed a continuation; and have granted lands to fettlers without any other price than common fees of office attending the acquifition of the grant. Such, however, is the ineftimable value of liberty to man, that notwithstanding these, and, if poffible, greater inducements to the fettlers, the underfigned venture to predict a marked fuperiority to the American fide, even at the prices at prefent required by the American government, or a flight variation of them, if the old claims are at once adjusted, and the country laid open to the acquifition of new title.

From the ftate of the country which has been reprefented, another confequence has refulted. Encroachments, in fome inftances, grafted on original title, and in others without a femblance of title, have been made on lands which are or ought to be, the property of the United States. Individuals have proceeded to extinguish the native right, contrary to the regulations of all the governments; and in fome inftances extenfive fettlements have been made on titles thus acquired. What arrangements the United States will make on this head it belongs not to us to anticipate; we fhall only recommend a liberal and merciful difpofition to the people of this country; of whom it may be fafely aflerted they are lefs to be charged with depravity of character, than their governments have been with cruel neglect and indiffer

ence.

The claims of the prefent inhabitants require to be confidered under one more aspect, novel indeed, but not the lefs founded in truth. When the Amer

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