"Resolved, As a further testimony of the gratitude of their country, that the President of the United States be requested to cause to be surveyed, within the limits of the public lands of the United States now open for sale, as the said William Eaton shall elect, a township of six miles square, to be called Derne, as a memorial of the conquest of that city, for ever; and to cause to be laid out, surveyed, and granted, to the said William Eaton, in one entire tract, within the said township, thousand acres; and to Priestly N. O'Bannon and George Washington Mann, each thousand acres; and to Arthur Campbell, Bernard O'Brian, David Thomas, and James Owen, the only surviving marines who served as volunteers in that expedition, three hundred and twenty acres each; to be granted to them, respectively, their heirs, and assigns, for ever."

WEDNESDAY, March 19.

Death of Senator Jackson.
The Senate were informed that JAMES JACK-
SON, one of their members, from the State of
Georgia, had deceased the last night, where-

upon,

[APRIL, 1806.

took that city on the twenty-seventh day of April, | on the final passage of this bill, and I found myeighteen hundred and five, and for the first time self called on to record my assent to or dissent spread the American eagle in Africa, on the ramparts from it, I felt myself bound in duty to call upon of a Tripolitan fort, and thereby contributed to re- the committee by whom it was reported, for the lease three hundred American prisoners from bondage evidence upon which they had rested the claim of in Tripoli. Hamet Bashaw to the grant of money which is proposed by the bill to be made to him. Together with the bill the committee had reported what they term "a brief statement of facts;" upon which they declare the bill itself to be founded, and wherein they consider his claim, not on the generosity, but on the justice of the United States, from his service and sufferings in their cause, and from his having been deceived and amused with the prospect of being placed on his throne, as legitimate sovereign of Tripoli, and frequently drawn from eligible situations for the purpose of being made the dupe or instrument of policy, and finally sacrificed to misfortune and wretchedness. The bill accordingly makes the grant, expressly in consideration of his services and sufferings in our cause; and, in voting for the bill as it now stands, I should consider myself as sanctioning, as far as my vote would go, the report of the This I could not do without further informacommittee, upon which the bill is founded. tion. I thought, sir, and have thought, from the moment when I first saw the report, that the statement it contained, far from being supported by the voluminous documents which have been, in the course of the session, communicated to the Senate, respecting all our transactions with Tripoli, was in many respects contradictory to the whole tenor of those documents; my recollection of the documents was, indeed, only of their general tenor; for, amidst business which we have had before us, I had the pressure of the various other important not found time for a reperusal of them since I had heard them read at your table. But, of their general complexion, my mind had received a clear and very decided impression, with which I found it impossible to reconcile any part of the committee's report. I presumed, however, that the committee were possessed of evidence, not yet communicated to the Senate, which warranted them in those assertions, which all the papers with which I had been made acquainted tended rather to disprove than to confirm. The chairman of the committee has this day informed the Senate of the grounds upon which the report was drawn up, and has communicated what he considers as the additional evidence in its support. He has also favored us with the arguments upon which he thinks the views of the subject, taken in the report, are fully substantiated. I regret, sir, that neither his arguments nor his evidence have been satisfactory to my mind; but that, after giving them what I deem their full share of weight, I still remain convinced that the report is founded upon a supposed state of facts altogether erroneous, and a view of the whole subject altogether incorrect.

Resolved, That a committee be appointed to take order for superintending the funeral of JAMES JACKSON, and that the Senate will attend the same; and that notice of the event be given to the House of Representatives; and,

Ordered, That this committee consist of Messrs. ANDERSON, SUMTER, and WRIGHT.

Resolved, unanimously, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of JAMES JACKSON, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing a crape round the left arm.

The Senate adjourned.

THURSDAY, March 20.

A message from the House of Representatives informed the Senate that the House will attend the funeral of JAMES JACKSON, Esquire, late a Senator of the United States. They have also determined to wear mourning on the left arm, for the space of one month, in testimony of their respect for the memory of that distinguished Revolutionary patriot.

TUESDAY, April 1.

Ex-Bashaw of Tripoli.

The bill for the relief of Hamet Caramalli, ex-Bashaw of Tripoli, being under consideration, on the question, Shall this bill pass? Mr. BRADLEY having finished his remarks in support of the bill

Mr. ADAMS said: Mr. President, when the question was yesterday stated from the Chair,

The merits of Hamet Bashaw's claim upon the United States must depend upon the nature

APRIL, 1806.]

Ex-Bashaw of Tripoli.

[SENATE.

stroy him. Our agents discover the project; apprise the destined victim of his intended fate; rescue him from inevitable destruction—and now, we are to be told, that by this act, we were not conferring, but receiving an obligation, which bound us in honor and duty to restore him to his throne.

of the engagements contracted between the inces, to his exiled brother, for the sole purUnited States and him, and upon the transac-pose of getting him into his possession to detions under those engagements. With respect to the nature of the engagements, there is a very striking difference between the statement of the committee and the statement of the President of the United States in his Message of the 13th of January last. The statement of the committee is as much at variance with the ideas of Hamet Bashaw himself as with those of the President, and equally in opposition to those of Commodore Barron and Mr. Lear, as they appear in the printed papers.

With regard to the facts material to constitute the peculiar character of the ex-Bashaw's claim, the statement of the committee is no less in flat contradiction to the statements of the President, to the acknowledgments of Hamet Bashaw, and to the tenor of the most substantial documents.

Thus much, sir, for the nature of the transactions between the agents of the United States and the ex-Bashaw, prior to the year 1804, when Commodore Barron with his squadron were sent into the Mediterranean, and when he was vested with discretionary powers to avail himself of Hamet's co-operation, and referred to Mr. Eaton as an agent sent out by Government for that purpose.

This discretionary power of Commodore Barron, the chairman of the committee has this day strongly contended was altogether unlimited, and such is the idea given of it in the report; but this I apprehend to be a mistake of the utmost importance. It is in direct contradiction to the statement of the President's Message, and to the testimony of Commodore Barron himself. The President's Message says:

As to the nature of the engagements, the committee represent Hamet Bashaw as having been inveigled, deceived, amused with promises to place him on his throne, and finally betrayed and sacrificed. They appear to think the United States were bound, at all events, and, by their exclusive exertions, to restore him to his dignity, and that the mere act of withdrawing their aid, without accomplishing that object, was a treacherous violation of their faith plight-standing with Hamet, if he should deem it useful; ed to him.

"We authorized Commodore Barron, then proceeding with his squadron, to enter into an under

and as it was represented that he would need some aid of arms and ammunition, and even of money, he was authorized to furnish them to a moderate extent, according to the prospect of utility to be expected from it. The instructions of June 6th, to Commodore Barron, show that a co-operation only was intended, and by no means a union of our object with the fortunes of the ex-Bashaw; and the Commodore's letters of March 22, and May 19, prove that he had

the most correct idea of our intentions."

Thus, sir, the discretionary power of Commodore Barron, to avail himself of Hamet's co-operation, was not unlimited-neither by the intention of the Executive, nor in his own understanding. It was limited both as to the na

Let us now see what was the real nature of those magnificent offers of the reigning Bashaw to his brother—the armed escort, and the two provinces upon the abandonment of which, under the influence of our agents, the report raises such a fund of merit and sacrifice on the part of Hamet. The committee take this circumstance from a statement made by Mr. Eaton to the Committee of Claims, in February 7, 1804, printed among the documents of that season. Largely as the chairman of the committee has drawn from that statement in making his report, it is singular that the following passage in it, page 16, has escaped his attention: “Meantime, I had wrought upon the Bey's Minis-ture of the engagement he was to contract, and as to the sum appropriated for the purpose; coter to countenance and aid my project, in consideration of my promise to give him $10,000, on condition operation is a term of reciprocal import-it of his fidelity, and in case of its success. I thought certainly means that there should be some opeit good policy to secure the Minister; not so much ration on both sides. The operation in this case for the service he would render, as to check the mis- by sea, was to be conducted entirely and exchief which seemed impending. He confessed it was clusively by the squadron of the United States. the intention of the enemy Bashaw, by this illusive Hamet Bashaw could contribute, and was exoverture, to get possession of the rival brother in pected to contribute, nothing to that. His order to destroy him; and he permitted my drago-operation was to be by land; and, upon princiman, under an injunction of secrecy, to communicate ples of ordinary reciprocity, it might have been the design to Hamet Bashaw. This determined him to go to Malta, under a pretext to his people of evad-required that this also should be exclusively at his

ing the Swedish and American cruisers."

And are these the overtures? Is this the eligible situation, of such precious value to the ex-Bashaw, that this nation, or its Government, is to be charged with perfidy and treachery because our agents prevailed upon him to abandon them? Even so! The reigning Bashaw sends an escort of forty men, with offers of two prov

expense. The Government, however, were willing to furnish him some aid even there. And the sum of twenty thousand dollars had been appropriated for that purpose. This was going as far as prudence would warrant, or as good faith could require. Hamet himself could have entertained no other expectation, since, in his letter to Mr. Eaton, of 3d January, he says: "Your operations should be carried on by sea;

mine by land." And even after the peace was made, in his letter to Mr. Eaton, of 20th June, he acknowledges, as clearly as language can express it, that the failure of co-operation was not on our part, but his own; that his means had not been found to answer our reasonable expec-gress to use their utmost exertions to obtain an tations; and that he was 66 satisfied with all our nation has done concerning him."

Exclusion of Army and Naval officers from civil appointments.

The bill, entitled "An act to prohibit the officers of the Army and Navy from holding or exercising any civil office," was read the second time; and on motion to postpone this bill to the first Monday in December next, it passed in the affirmative-yeas 17, nays 10, as follows:

YEAS.-Messrs. Adair, Adams, Baldwin, Condit, Gilman, Howland, Kitchel, Logan, Mitchill, Plumer, Smith of Maryland, Smith of New York, Smith of Tennessee, Smith of Vermont, Tracy, White, and Wright.

NAYS.-Messrs. Anderson, Gaillard, Hillhouse, Maclay, Moore, Pickering, Stone, Sumter, Turner, and Worthington.

So the bill was postponed.

MONDAY, April 14.

Tunisian Demand and Threat.

The following Message was received from the
PRESIDENT OF THE UNITED STATES, which was
read, and ordered to lie for consideration:
To the Senate and House of

[SENATE.

A motion was made to postpone the bill for purpose of considering the following reso

the
lution:

ble course of conduct on the part of Great Britain, in Resolved, That, in consequence of a more favorarespect to the disturbance of the trade of the United States; and entertaining a hope that the British Ministry, lately established, will be disposed to a reasonable arrangement of all affairs of difference between the two nations, the Senate do hereby postpone the further consideration of the bill, entitled "An act to prohibit the importation of certain goods, wares, and merchandise," to the first Monday in November next.

And, on the question to agree to this motion, it passed in the negative-yeas 9, nays 19, as follows:

YEAS.-Messrs. Adair, Adams, Hillhouse, Logan, Pickering, Plumer, Sumter, Tracy, and White.

NAYS-Messrs. Anderson, Baldwin, Condit, Gaillard, Gilman, Howland, Kitchel, Maclay, Mitchill, Moore, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Tennessee, Smith of Vermont, Stone, Thruston, Worthington, and Wright.

And on the question, Shall this bill pass? it was determined in the affirmative-yeas 19, nays 9, as follows:

Vermont, Thruston, Worthington, and Wright.
NAYS.-Messrs. Adair, Hillhouse, Logan, Picker-
ing, Plumer, Stone, Sumter, Tracy, and White.
So it was Resolved, That this bill pass.

FRIDAY, April 18.

Representatives of the United States: During the blockade of Tripoli by the squadron of YEAS.-Messrs. Adams, Anderson, Baldwin, Conthe United States, a small cruiser, under the flag of dit, Gaillard, Gilman, Howland, Kitchel, Maclay, Tunis, with two prizes (all of trifling value) attempted Mitchill, Moore, Smith of Maryland, Smith of New to enter Tripoli, was turned back, warned, and at-York, Smith of Ohio, Smith of Tennessee, Smith of tempting again to enter, was taken and detained as prize by the squadron. Her restitution was claimed by the Bey of Tunis, with a threat of war, in terms so serious that, on withdrawing from the blockade of Tripoli, the commanding officer of the squadron thought it his duty to repair to Tunis with his squadron, and to require a categorical declaration, whether peace or war was intended. The Bey preferred explaining himself by an Ambassador to the United States, who, on his arrival, renewed the request that the vessel and her prizes should be restored. It was deemed proper to give this proof of friendship to the Bey, and the Ambassador was informed the vessels would be restored. Afterwards he made a requisition of naval stores to be sent to the Bey, in order to secure a peace for the term of three years, with a threat of war, if refused. It has been refused, and the Ambassador is about to depart without receding from his threat or demand.

Demand and Threat of Tunis.
The following Message was received from the
PRESIDENT OF THE UNITED STATES:
To the Senate of the United States:

In compliance with the request of the Senate, of
yesterday's date, I now communicate the entire cor-
respondence 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 block-
ade, having been yielded to, the only remaining
cause of difference brought forward by him, is the re-
quisition 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 ex-
pected, to renew the prolongation of peace for an-
other term. But this demand has been pressed in
verbal conferences, much more explicitly and perti-
naciously than appears in the written correspondence.
To save the delay of copying, some originals are en-
closed, with a request that they be returned.
TH. JEFFERSON.
APRIL 18, 1806.

SATURDAY, April 19.

The bill for the relief of Hamet Caramalli was read the third time.

Resolved, That this bill pass, that it be engrossed, and that the title thereof be, "An