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President[ Thomas Jefferson

         Date[ November 8, 1808


The Senate and House of Representatives of the United States:


It would have been a source, fellow citizens, of much gratification if our

last communications from Europe had enabled me to inform you that the

belligerent nations, whose disregard of neutral rights has been so

destructive to our commerce, had become awakened to the duty and true

policy of revoking their unrighteous edicts. That no means might be omitted

to produce this salutary effect, I lost no time in availing myself of the

act authorizing a suspension, in whole or in part, of the several embargo

laws. Our ministers at London and Paris were instructed to explain to the

respective Governments there our disposition to exercise the authority in

such manner as would withdraw the pretext on which the aggressions were

originally founded and open the way for a renewal of that commercial

intercourse which it was alleged on all sides had been reluctantly

obstructed.


As each of those Governments had pledged its readiness to concur in

renouncing a measure which reached its adversary through the incontestable

rights of neutrals only, and as the measure had been assumed by each as a

retaliation for an asserted acquiescence in the aggression of the other, it

was reasonably expected that the occasion would have been seized by both

for evincing the sincerity of their professions, and for restoring to the

commerce of the United States its legitimate freedom. The instructions to

our ministers with respect to the different belligerents were necessarily

modified with a reference to their different circumstances, and to the

condition annexed by law to the Executive power of suspension, requiring a

decree of security to our commerce which would not result from a repeal of

the decrees of France. Instead of a pledge, therefore, of a suspension of

the embargo as to her in case of such a repeal, it was presumed that a

sufficient inducement might be found in other considerations, and

particularly in the change produced by a compliance with our just demands

by one belligerent and a refusal by the other in the relations between the

other and the United States.


To Great Britain, whose power on the ocean is so ascendant, it was deemed

not inconsistent with that condition to state explicitly that on her

rescinding her orders in relation to the United States their trade would be

opened with her, and remain shut to her enemy in case of his failure to

rescind his decrees also. From France no answer has been received, nor any

indication that the requisite change in her decrees is contemplated. The

favorable reception of the proposition to Great Britain was the less to be

doubted, as her orders of council had not only been referred for their

vindication to an acquiescence on the part of the United States no longer

to be pretended, but as the arrangement proposed, whilst it resisted the

illegal decrees of France, involved, moreover, substantially the precise

advantages professedly aimed at by the British orders. The arrangement has

nevertheless been rejected.


This candid and liberal experiment having thus failed, and no other event

having occurred on which a suspension of the embargo by the Executive was

authorized, it necessarily remains in the extent originally given to it. We

have the satisfaction, however, to reflect that in return for the

privations imposed by the measure, and which our fellow citizens in general

have borne with patriotism, it has had the important effects of saving our

mariners and our vast mercantile property, as well as of affording time for

prosecuting the defensive and provisional measures called for by the

occasion. It has demonstrated to foreign nations the moderation and

firmness which govern our councils, and to our citizens the necessity of

uniting in support of the laws and the rights of their country, and has

thus long frustrated those usurpations and spoliations which, if resisted,

involved war; if submitted to, sacrificed a vital principle of our national

independence.


Under a continuance of the belligerent measures which, in defiance of laws

which consecrate the rights of neutrals, overspread the ocean with danger,

it will rest with the wisdom of Congress to decide on the course best

adapted to such a state of things; and bringing with them, as they do, from

every part of the Union the sentiments of our constituents, my confidence

is strengthened that in forming this decision they will, with an unerring

regard to the essential rights and interests of the nation, weigh and

compare the painful alternatives out of which a choice is to be made. Nor

should I do justice to the virtues which on other occasions have marked the

character of our fellow citizens if I did not cherish an equal confidence

that the alternative chosen, whatever it may be, will be maintained with

all the fortitude and patriotism which the crisis ought to inspire.


The documents containing the correspondences on the subject of the foreign

edicts against our commerce, with the instructions given to our ministers

at London and Paris, are now laid before you.


The communications made to Congress at their last session explained the

posture in which the close of the discussions relating to the attack by a

British ship of war on the frigate Chesapeake left a subject on which the

nation had manifested so honorable a sensibility. Every view of what had

passed authorized a belief that immediate steps would be taken by the

British Government for redressing a wrong which the more it was

investigated appeared the more clearly to require what had not been

provided for in the special mission. It is found that no steps have been

taken for the purpose. On the contrary, it will be seen in the documents

laid before you that the inadmissible preliminary which obstructed the

adjustment is still adhered to, and, moreover, that it is now brought into

connection with the distinct and irrelative case of the orders in council.

The instructions which had been given to our minister at London with a view

to facilitate, if necessary, the reparation claimed by the United States

are included in the documents communicated.


Our relations with the other powers of Europe have undergone no material

changes since your last session. The important negotiations with Spain

which had been alternately suspended and resumed necessarily experience a

pause under the extraordinary and interesting crisis which distinguishes

her internal situation.


With the Barbary Powers we continue in harmony, with the exception of an

unjustifiable proceeding of the Dey of Algiers toward our consul to that

Regency. Its character and circumstances are now laid before you, and will

enable you to decide how far it may, either now or hereafter, call for any

measures not within the limits of the Executive authority.


With our Indian neighbors the public peace has been steadily maintained.

Some instances of individual wrong have, as at other times, taken place,

but in no wise implicating the will of the nation. Beyond the Mississippi

the Ioways, the Sacs and the Alabamas have delivered up for trial and

punishment individuals from among themselves accused of murdering citizens

of the United States. On this side of the Mississippi the Creeks are

exerting themselves to arrest offenders of the same kind, and the Choctaws

have manifested their readiness and desire for amicable and just

arrangements respecting depredations committed by disorderly persons of

their tribe. And, generally, from a conviction that we consider them as a

part of ourselves, and cherish with sincerity their rights and interests,

the attachment of the Indian tribes is gaining strength daily--is

extending from the nearer to the more remote, and will amply requite us for

the justice and friendship practiced toward them. Husbandry and household

manufacture are advancing among them more rapidly with the Southern than

Northern tribes, from circumstances of soil and climate, and one of the two

great divisions of the Cherokee Nation have now under consideration to

solicit the citizenship of the United States, and to be identified with us

in laws and government in such progressive manner as we shall think best.


In consequence of the appropriations of the last session of Congress for

the security of our sea port towns and harbors, such works of defense have

been erected as seemed to be called for by the situation of the several

places, their relative importance, and the scale of expense indicated by

the amount of the appropriation. These works will chiefly be finished in

the course of the present season, except at New York and New Orleans, where

most was to be done; and although a great proportion of the last

appropriation has been expended on the former place, yet some further views

will be submitted to Congress for rendering its security entirely adequate

against naval enterprise. A view of what has been done at the several

places, and of what is proposed to be done, shall be communicated as soon

as the several reports are received.


Of the gun boats authorized by the act of December last, it has been

thought necessary to build only one hundred and three in the present year.

These, with those before possessed, are sufficient for the harbors and

waters most exposed, and the residents will require little time for their

construction when it shall be deemed necessary.


Under the act of the last session for raising an additional military force

so many officers were immediately appointed as were necessary for carrying

on the business of recruiting, and in proportion as it advanced others have

been added. We have reason to believe their success has been satisfactory,

although such returns have not yet been received as enable me to present

you a statement of the numbers engaged.


I have not thought it necessary in the course of the last season to call

for any general detachments of militia or of volunteers under the laws

passed for that purpose. For the ensuing season, however, they will be

required to be in readiness should their service be wanted. Some small and

special detachments have been necessary to maintain the laws of embargo on

that portion of our northern frontier which offered peculiar facilities for

evasion, but these were replaced as soon as it could be done by bodies of

new recruits. By the aid of these and of the armed vessels called into

service in other quarters the spirit of disobedience and abuse, which

manifested itself early and with sensible effect while we were unprepared

to meet it, has been considerably repressed.


Considering the extraordinary character of the times in which we live, our

attention should unremittingly be fixed on the safety of our country. For a

people who are free, and who mean to remain so, a well organized and armed

militia is their best security. It is therefore incumbent on us at every

meeting to revise the condition of the militia, and to ask ourselves if it

is prepared to repel a powerful enemy at every point of our territories

exposed to invasion. Some of the States have paid a laudable attention to

this object, but every degree of neglect is to be found among others.

Congress alone having the power to produce an uniform state of preparation

in this great organ of defense, the interests which they so deeply feel in

their own and their country's security will present this as among the most

important objects of their deliberation.


Under the acts of March 11th and April 23rd respecting arms, the

difficulty of procuring them from abroad during the present situation

and dispositions of Europe induced us to direct our whole efforts to the

means of internal supply. The public factories have therefore been

enlarged, additional machineries erected, and, in proportion as

artificers can be found or formed, their effect, already more than

doubled, may be increased so as to keep pace with the yearly increase

of the militia. The annual sums appropriated by the latter have been

directed to the encouragement of private factories of arms, and contracts

have been entered into with individual undertakers to nearly the amount

of the first year's appropriation.


The suspension of our foreign commerce, produced by the injustice of the

belligerent powers and the consequent losses and sacrifices of our citizens

are subjects of just concern. The situation into which we have thus been

forced has impelled us to apply a portion of our industry and capital to

internal manufactures and improvements. The extent of this conversion is

daily increasing, and little doubt remains that the establishments formed

and forming will, under the auspices of cheaper materials and subsistence,

the freedom of labor from taxation with us, and of protecting duties and

prohibitions, become permanent. The commerce with the Indians, too, within

our own boundaries is likely to receive abundant aliment from the same

internal source, and will secure to them peace and the progress of

civilization, undisturbed by practices hostile to both.


The accounts of the receipts and expenditures during the year ending the

30th of September last being not yet made up, a correct statement will

hereafter be transmitted from the Treasury. In the mean time it is

ascertained that the receipts have amounted to near $18 millions, which,

with the $8.5 millions in the Treasury at the beginning of the year, have

enabled us, after meeting the current demands and interest incurred, to

pay $2.3 millions of the principal of our funded debt, and left us in

the Treasury on that day near $14 millions. Of these, $5.35 millions will

be necessary to pay what will be due on the 1st day of January next, which

will complete the reimbursement of the 8% stock. These payments, with

those made in the six and a half years preceding, will have extinguished

$33.58 millions of the principal of the funded debt, being the whole which

could be paid or purchased within the limits of the law and of our

contracts, and the amount of principal thus discharged will have liberated

the revenue from about $2 millions of interest and added that sum annually

to the disposable surplus.


The probable accumulation of the surpluses of revenue beyond what can be

applied to the payment of the public debt whenever the freedom and safety

of our commerce shall be restored merits the consideration of Congress.

Shall it lie unproductive in the public vaults? Shall the revenue be

reduced? Or shall it not rather be appropriated to the improvements of

roads, canals, rivers, education, and other great foundations of prosperity

and union under the powers which Congress may already possess or such

amendment to the Constitution as may be approved by the States? While

uncertain of the course of things, the time may be advantageously employed

in obtaining the powers necessary for a system of improvement, should that

be thought best.


Availing myself of this the last occasion which will occur of addressing

the two Houses of the Legislature at their meeting, I can not omit the

expression of my sincere gratitude for the repeated proofs of confidence

manifested to me by themselves and their predecessors since my call to the

administration and the many indulgences experienced at their hands. These

same grateful acknowledgements are due to my fellow citizens generally,

whose support has been my great encouragement under all embarrassments. In

the transaction of their business I can not have escaped error. It is

incident to our imperfect nature. But I may say with truth my errors have

been of the understanding, not of intention, and that the advancement of

their rights and interests has been the constant motive for every measure.

On these considerations I solicit their indulgence. Looking forward with

anxiety to future destinies, I trust that in their steady character,

unshaken by difficulties, in their love of liberty, obedience to law, and

support of the public authorities, I see a sure guaranty of the permanence

of our Republic; and, retiring from the charge of their affairs, I carry

with me the consolation of a firm persuasion that Heaven has in store for

our beloved country long ages to come of prosperity and happiness.


TH. JEFFERSON


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