1 Signed JOHN RODGERS. The following judgment comes after the evidence and the address, and concludes the report of the proceedings of the court of enquiry: ed by British and French cruizers. At this time I speak him. Indeed the several circumstances make discovered by the news papers that a British frigate, it apparent to me, that he was ignorant of our force, supposed to be the Guerrier, had, in the vicinity of and wished to procrastinate our meeting only until Sandy Hook, and during my absence from the after it should be dark. station, impressed out of the American brig Spit fire, bound coastwise, a young man by the name of Diggio, an American, and an apprentice to the mas ter of the brig-on the 16th of May, at a little past meridian, being at the time in seventeen fathoms The court of enquiry, authorised and required by water, about fourteen or fifteen leagues to the north- precept issued by the honorable the secretary ofthe ward and eastward of Cape Henry, and about six navy of the United States, bearing date the 24th of leagues from the land to the southward of Chingo July, 1811, have in conformity with the same, miteak, a sail was discovered to the eastward standing nutely examined into every circumstance stated in towards us under a press of canvas, which I soon the letter of John Rodgers, Esquire, bearing date, made out by the shape of her upper sails, as they off Sandy Hook, May the 23d, 1811, and addressed became distinguishable from our deck, to be a man to the honorable the secretary of the navy of the of war. Not having heard of any other ship of United States, relative to the affair between the war, than the before mentioned frigate being on United States frigate the President, and his Britanour coast, I concluded (and more particularly from nic majesty's ship the Lille or Little Belt; and hav the direction in which she was discovered) that it ing taken all the testimony that could in any manwas her; and accordingly determined to speak her, ner or degree elucidate facts, do, in obedience to as well because I considered it my duty to know the aforesaid precept, state all the facts that have the names and characters, if possible, of all foreign been disclosed. craizers hovering on our coast, as from an impres First-It has been proved to the satisfaction of sion, if it turned out to be the vessel I had conceiv the court, that commodore Rodgers, on perceiving ed, that her commander from having learnt through his Britannic majesty's ship the Little Belt to be a the medium of the newspapers the sensation ship of war, made every exertion to come up with which the before mentioned outrage had produc her before dark. ed throughout the United States, might be in duced, if he was not totally regardless of American claims to justice, to mention that he had the young man in question on board, and would deliver him up to me, and perhaps at the same time assign some cause for such a gross violation of the sove reign rights of the American nation. At any rate, Third-It has been proved to the satisfaction of whether he was so disposed or not, if I could learn the court, that captain Bingham acknowledged that from him that the man was on board, I should have the broad pendant of the United States frigate the it in my power to represent the same to my govern- President, had been distinguished during the chase ment, and thereby be the means of more readily from his Britannic majesty's ship the Little Belt. effecting his emancipation from vassalage, and the Fourth-It has been proved to the satisfaction of cruel necessity of fighting the battles of the very the court, that no colors were perceived flying on country whose officer had thus unlawfully enslaved him; and in doing this, I considered I was doing no more than a duty imposed on me by my situa tion, consequently I felt regardless if, in accomplish ing it, a further attempt should be made to insult my country by offering violence to the flag fiving over my head-as I was then, am now, and ever shall be, prepared to repel any such insult or injury to the very utmost of the force under my command; and that too without regard to the consequences resuiting therefrom. Second-It has been proved to the satisfaction of the court, that the flag of the United States was displayed on board the United States frigate the Presi dent, as soon as his Britannic majesty's ship the Little Belt was discovered to be a ship of war, and was kept flying until noon of the following day. board of his Britannic majesty's ship the Little Belt, until she hove too, and that it was then too dark to distinguish to what nation they belonged. Fifth-It has been proved to the satisfaction of the court, that commodore Rodgers hailed his Britannic majesty's ship the Little Belt, first. Sixth-It has been proved to the satisfaction of the court, that commodore Rodgers's hail was not satisfactorily answered. Seventh-It has been proved to the satisfaction of the court, that his Britannic majesty's ship the Little Belt fired the first gun. Eighth-It has been proved to the satisfaction of the court, that the first gun fired by his Britannic majesty's ship the Little Belt, was without any previous provocation or justifiable cause. These, gentlemen, were my motives for having chased the ship which I supposed to be the frigate that impressed Diggio, but which afterwards proved to be his Britannic majesty's ship Little Belt. But even if I had no such reason to justify my chas ing, I maintain that the usage of nations, the treaty Ninth-It has been proved to the satisfaction of concluded in 1783 between the United States and the court, that the shot fired from his Britannic maGreat Britain, as well as the British precedents al-jesty's ship the Little Belt, was returned from the most without number, gave me that right: if it be United States frigate the President by a single gun. admitted that our country possesses any compara Tenth-It has been proved to the satisfaction of tive or reciprocal rights whatever. the court, that the general fire was commenced by Although I admit I did chase the Little Belt, Ihis Britannic majesty's ship the Little Belt. nevertheless deny that her commander wished to prevent my coming up with him, otherwise he undoubtedly would not have kept away, and set his stadding sails when he was several miles to wind ward of me; added to this, his conduct was unfriend Twelfth-It has been proved to the satisfaction ly to say the least, as he declined shewing his colors of the court, that after his Britannic majesty's ship until after it was too dark to distinguish what they the Little Belt had ceased firing, and the fire of the were, although he must have perceived, as well from U. States frigate the President had, in consequence the courses I steered, as from my colors (of which thereof, ceased; that the former ship in about three he undoubtedly saw the pendant) that I wished to minutes recommenced her fire upon the latter. Eleventh-It has been proved the satisfaction of the court, that after the firing had continued four or five minutes, his Britannic majesty's ship the Little Belt, ceased firing. Thirteenth-It has been proved to the satisfaction, and others that shall fall within the danger of any of the court, that the second fire continued about such as shall await our coast, in so near places, to five minutes, when his Britannic majesty's ship the the hindrance of trade to and from our kingdom." Little Belt was totally silenced. Extract from a proclamation of his Britannic maFourteenth-It has been proved to the satisfaction jesty Charles II dated Sih February, 1767—8. of the court, that in both instances, when the fire of 2. We will and command, that all our officers his Britannic majesty's ship the Little Belt was si-and subjects by sea and land do, as much as in them lenced, commodore Rodgers exerted himself to pre-lies, prohibit the roving and hovering of men of war, vent further injury being done to her. so near the entry of any of our harbors, or our Fifteenth-It has been proved to the satisfaction coasts, as that merchantmen, homeward or outward of the court, that the United States frigate the Pre-bound to and from any of our ports, shall apprehend sident was lying too with lights hoisted during the their passage to be unsafe, or their danger of being night after the affair with his Britannic majesty's set upon and surprised, to the hindering and divertship the Little Belt. ing of trade and commerce from our ports; And Sixteenth-It has been proved to the satisfaction we strictly charge and require our officers and subof the court, that cominodore Rodgers proffered aidjects to rescue, succor and defend all merchantmen to the commander of his Britannic majesty's ship and others that shall happen to be set upon, or the Little Belt the morning after the rencontre. surprised so near our coasts, or the entry of our Seventeenth-It has been proved to the satisfac-harbors, as may easily be construed to be under our tion of the court, that, in consequence of the fire more special care and protection; and that they from his Britannic majesty's ship the Little Belt, apprehend and seize all offenders in this kind in or one boy was wounded on board the United States der to bring them to condign punishment for disfrigate the President, one shot struck her main-mast, turbing and hindering the trade and commerce beanother struck her fore-mast, and some of her rig-tween our subjects and those of our neighbors and ging was cut. allies." Belt. The court adjourned to meet to-morrow morning at Mechanic Hall, in Broadway, in the city of York. Friday the 13th September, 1811. Eighteenth-It has been proved to the satisfaction Extract of a charge given at an admiralty sessions, of the court, that the letter of commodore Rodgers bearing date off Sandy-Hook, on the 23d day of held at the Old Bailey, by Sir L. Jenkins. May last, and addressed to the honourable the seunder foreign commissions, from any the parties "You are therefore to enquire, if any men of war cretary of the navy of the United States, is correct, now in war,do lie hovering near any of his majesty's and a true statement of the occurrences which took havens or harbors; or skulking within any of those place between the United States' frigate the Presi dent, and his Britannic majesty's ship the Little places called the king's chambers, in order to surprize merchants' ships belonging to the king's friends and allies, and to snap them as they are comNewing or going out of our ports; you are to present such if you know any; and the king's majesty is to be informed of it out of the records and presentments of this court; that they may be seized and arrested, if they be driven or do course in,or else may be fetch. ed in by his majesty's ships, and punished as wilful violators of the treaties his majesty hath with his neighbors, and as malicious disturbers of our trade. You are to enquire if any men of war have presumed to search, stop or carry away by force, our merchants' ships in their course at sea, under pretence of suspicion that they belonged to their ene WM. PAULDING, JUN. Judge advocate. mies: if they have brought them out of their course to their own ports without suflicient cause, such as [We close the "affair of the Little Belt" by an is allowed by treaty between his majesty and the pexing the following extracts from British official prince or state from which the man of war has his documents, shewing the sentiments of the British commission; that is a grevious trespass, and the government, as to the neutral right, in the case of party that hath done it, coming into any of his mabelligerent ships of war frequenting their coasts.-| jesty's ports, may be arrested and his ship made to We are indebted for them to the research of the edi- answer and satisfy the merchants' damage. If they tor of the National Intelligencer. have robbed or pillaged them, it is downright piracy The proceedings of the court of yesterday were read and approved. The court whereupon adjourned without day. Declaration of his Britannic majesty, James 1. pub-as I have already told you." lished in the year 1604. Treasury Report." Our pleasure is, that within our ports, havens, roads, creeks, or other places of our dominion, or so near to any of our said ports or havens, as may Treasury Department, Nov. 22, 1811. be reasonably construed to be within the title, or SIR-I have the honor to enclose a report preparprecinct, there shall be no force, violence or sured in obedience to the act entitled, "an act to estab prise, or offence suffered to be done either from man lish the treasury department." of war to man of war, or from man of war to mer- I have the honor to be, very respectfully, sir, your chant, &c. but that all, of what nation soever, so obedient servant, long as they shall be within those, our ports and places of jurisdiction, or where our officers may pro- The hon. the speaker of the house of representatives, hibit violence, shall be understood to be under our protection, and to be ordered by course of justice, &c. And that our officers and subjects shall prohibit, as much as in them lies, all hovering of men of war &c. so near the entry of our havens or coasts; and that they shall receive and succor all merchants ALBERT GALLATIN. REPORT. In obedience to the directions of the "act sup plementary to the act entitled "an act to establish the treasury department," the secretary of the trea sury respectfully submits the following reports and estimates: RECEIPTS AND EXPENDITURES. 1. To the end of the year 1811. The actual receipts into the treasury, during the year ending the 30th of September, 1811, have consisted of the following sums-viz. Customs, sales of lands, arrears, repayments, and all other branches of revenue, amounting together, as appears by the estimate [E] to $13,541,446 37 Temporary loan of 31st December, 1810. Total amount of receipts Making together with the balance in the treasury on the 1st of October, 1810, and amounting to An aggregate of The disbursements during the same year have been as followeth-viz. Civil department, including miscel aneous expences and those incident to the intercourse with foreign nations Army, fortifications, arms and arsenals $2,129,000 00 2,750,000 00 16,291,446 36 1811, exceeds $6,000,000; and it may for the whole be estimated at about $7,500,000. The custom-house bonds outstanding on the first day of January 1812, and falling due in that year, are also estimated after deducting bad debts, at 7,500,000 dollars. This sum may therefore be assumed as the probable amount of receipts into the treasury during the year 1812 on account of duties on merchandize and tonnage: the portion of the revenue arising from importations subsequent to the present year, which will be received in 1812, being considered sufficient to pay the debentures and expences of collection of that year. The payments made by purchasers of public lands north of the river Ohio, having during the two last 3,459,029 72 years after deducting the expence and charges on that fund amounted to near 600,000 dollars a year; 19,750,476 09 that branch of revenue may for the present be estimated at that sum. Allowing one hundred thousand dollars for the other small items of revenue, which consist principally of arrears and repayments, the whole amount of actual receipts into the treasury during the year 1812, may therefore be estimated at $8,200,000 1,360,858 98 Navy department 2,126,000 00 Indian department The current expences for the same year are estimated as followeth, viz. 1. Expences of a civil nature both do- 2. Military and naval establishments Army (including 32,000, dol- $1,260,000 7,994,384 91 2,581,000 2,750,000 00 Arsenals, arms and ordnance 614,000 Payments on account of the principal of the public debt Amounting together, as will appear more in detail by the statement [E] to 5,058,272 82 Indian department 220,000 -5,915,000 And leaving in the treasury on the 30th of September, 1811, a balance of And exceeding by 1,200,000 dollars the probable amount of receipts. The deficit may be paid out of the sum of three millions of dollars in the treasury. But under existing circumstances, it does not The actual receipts arising from revenue alone, seem eligible to exhaust that fund; and the estimate and exclusively of the temporary loan, since reim- of receipts being also liable to more than usual unbursed, appear from this statement to have exceeded certainty, the propriety of authorising a loan suffi the current expences, including therein the interest cient to supply the difference, and to defray such paid on the debt, by a sum of more than $5,500,000. other extraordinary expences as may be incurred But the payments on account of interest, during the during the year, is respectfully submitted. year ending on the 30th September, 1811, have, from It must at the same time be observed that the sum an unavoidable delay in making the usual remit of 9,400,000 dollars thus stated as the amount of tances to Holland, fallen short of the amount due current expences for the year 1812, includes in fact during the same period; and the real excess of re- a portion of extraordinary expences arising from ceipts arising from revenue beyond the current expences, including therein the interest accrued on the debt, amounts only to near $5,100,000. The receipts for the last quarter of the year 1811, are estimated at $3,300,000; and the expenditures (including the payment of arrears of interest and near 2.160,000 on account of the principal of the public debt) at $4,300,000, which will leave at the end of the year, a balance in the treasury of nearly $3,000,000. It will not, therefore, be necessary to resort for the service of the present year, to the loan authorised by the act of the last session of congress, 2. Year 1812. It is ascertained that the nett revenue arising from duties on merchandize and tonnage, which has ac crued during the three first quarters of the year! PUBLIC DEBT. stock And to which adding the Makes the whole amount of The annual interest on the public debt The annual interest on the public debt mount to It appears by the statement (D.) that the payments on account of the principal of the public debt will, from the first of October, 1810, to the 31st of Dec. 1811, have exceeded six millions four hundred thou sand dollars. With the exception of the annual reimbursement of the six per cent. and deferred stocks, there will remain at the end of the year 1811, no other portion of the public debt reimbursable at the will of the United States than the residue of con-Leaving for the amount of annual inteverted stock, amounting as above stated, to 565,000 rest on the old debt unredeemed on dollars, and which will be paid in the year 1812.1st January, 1812 There being nothing afterwards left, on which the The annual interest on the Louisiana laws, passed subsequent to the year 1801, for the redemption of the debt, can operate, a general view of the result and effect of those laws will now be presented. Exclusively of near three millions of unfunded debt, since reimbursed, as detailed in the report of 18th April, 1808; the public debt of the United States amounted on the 1st of April, 1801, to $79,926,999 The whole amount of principle extinguished during the period of ten years and nine months, commencing on the first of April, 1801, and ending on the 31st of Dec. 1811, exceeds forty-six millions of dollars, viz. Foreign debt paid in full 10,075,001 Eight per cent. five and half per cent. four and half per cent. and navy 6 per cent. stocks and temporary loans due on the 1st of April, 1801, to the bank of the U. S. all paid in full 12,657,700 Six per cent. and deferred stocks, including the exchanged stock reimbursed 20,820,744 stock is 11,250,000 $45,154,189. $4,180,463 2,632,982 1,547,481 675,000 Making the annual interest on the terest on the debt due on the 1st April, Leaves for the difference between the 4,180,463 1,967,942 The disposable national revenue, or that portion which alone is applicable to defray the annual na. tional expenses, consists only of the surplus of the gross amount of revenue collected, beyond the amount necessary for paying the interest on the public debt. A diminution o that interest is, with respect to the ability of defraying the other annual expenses, a positive increase of revenue to the same amount. With an equal amount of gross revenue, the revenue applicable to detray the national expenses is now, by the effect of the reduction of the debt, two millions six hundred thousand dollars greater than on the 1st day of April, 1801. Or, if another view of the subject be thought more correct, the laws for the reduction of the debt have in ten years and nine months, enabled the United States to pay in full the purchase money of Louisi-, the prohibition took effect; the permanent revenue ana, and increased their revenue near two millions arising from duties on tonnage and merchandize of dollars. will not probably at their present rate and under existing circumstances, exceed $6,000,000 an estimate which is corroborated by the view of the subject exhibited in the statement [B 2.] If the amount of annual payments on account of both the principal and interest of the public debt, during the last eight years, be contrasted with the payments hereafter necessary for the same purpose, The sales of public lands north of the river Ohio, the difference will be still more striking Eight have, during the year ending the 30th of Septemmillions of dollars have been annually paid on that ber 1811, amounted, as appears by the statement C, account during those eight years. The whole to 207,000 acres, and the payments by purchasers amount payable after the year 1812, including the to 600,000 dollars. It has already been stated that annual reimbursement on the six per cent. and de- those payments on the average of the two last years ferred stocks, is 3,792,382 dollars, making an an amount, after deducting the expences and charges nual difference of more than four millions two hun-on that fund to the annual sum of $600,000 dred thousand dollars, which will be liberated from the sales in the Mississippi territory, being in the that appropriation. And this annual payment of first instance appropriated to the payment of about three millions eight hundred thousand dollars $1,250,000 to the state of Georgia,are distinctly statwould have been sufficient, with some small varia- ed. tions, to discharge in ten years the whole of the residue of the existing debt, with the exception of the three per cent. stock, the annual interest on which amounts only to 485,000 dollars. The aspect of the foreign relations of the United States forbids, however, the hope of seeing the work completed within that short period. The permanent revenue, or annual re- Which deducted from the annual expen- Leaves a deficiency to be provided for, of $6,600,000 9,200,000 2,600,000 The redemption of principal has been effected without the aid of any internal taxes, either direct or indirect, without any addition during the last seven years to the rate of duties on importations, which on the contrary, have been impaired by the repeal of that on salt, and, notwithstanding the An addition of fifty per cent. to the present great diminution of commerce during the last four amount of duties together with a continuance of years. It therefore proves decisively the ability of the the temporary duties heretofore designated by the United States with their ordinary revenue, to dis-name of the Mediterranean Fund" will be suffr charge, in ten years of peace, a debt of forty two cient to supply that deficiency, and is respectfully millions of dollars, a fact which considerably lessens submitted. This mode appears preferable for the the weight of the most formidable objection to which present to any internal tax. With respect to the that revenue, depending almost solely on commerce, sales of public lands, besides affording a suppleappears to be liable. In time of peace it is almost mentary fund for the ultimate redemption of the sufficient to defray the expenses of a war; in time of public debt, they may, without any diminution of a war it is hardly competent to support the expen revenue, be usefully applied as a bounty to soldiers ses of a peace establishment. Sinking at enlisting in the regular service, and in facilitating once under adverse circumstances from 15 to 6 or the terms of loans. But it does not appear that the 8 millions of dollars, it is only by a persevering actual receipts into the treasury arising from the application of the surplus which it affords in years sales can be inaterially increased, without a reducof prosperity, to the discharge of the debt, that a total tion in the price : unless it be by an attempt to offer change in the system of taxation, or a perpetual ac- certain portions for sale in the large cities of the cumulation of debt can be avoided. But if a similar ap union. plication of such surplus be hereafter strictly adhered The same amount of revenue would be necessary, to, forty millions of debt contracted during five or six and with the aid of loans, would, it is believed, be years of war, may always without any extraordina sufficient in case of war. The same increase of dury exertion, be reimbursed in ten years of peace.-ties would therefore be equally necessary in that This view of the subject has at the present crisis, event. Whether it would be sufficient to produce appeared necessary for the purpose of distinctly the same amount of revenues under existing circumpointing out one of the principal resources within stances cannot at present be determined. Should the reach of the United States.-But to be placed any deficiency arise, it may be supplied without dif on a solid foundation, it requires the aid of a reve-ficulty by a further increase of duties, by a restoranue "sufficient at least to defray the extraordinary tion of that on salt, and by a proper selection of expences of government, and to pay the interest on moderate internal taxes. To raise a fixed revenue the public debt, including that on new loans which of only nine millions of dollars, is so much within may be authorized." the compass of the national resources, so much less in proportion than is paid by any other nation, that, under any circumstances, it will only require the will of the legislature to effect the object. mer-The possibility of raising money by loans to the amount which may be wanted, remains to be examined. For the fact that the United States may easily, in ten years of peace extinguish a debt of forty twe millions of dollars, does not necessarily imply that they could borrow that sum during a period of war. In the present state of the world, foreign loans $7,500,000 may be considered nearly unattainable. In that A portion of the revenue of this year having been respect, as in all others, the United States must collected on British merchandize, imported before solely rely on their own resources. These have Provision for the ensuing years. The revenue is derived from two sources, the duties on importations and the sales of public lands. The nett revenue arising from duties on chandize and tonnage, which accrued during the year 1809, amounted to 6,527,168 dollars. The nett revenue arising from the same sources, which accrued during the year of 1810, as will ap pear by the statement A and B, to 12,513,490 The same revenue for the year 1811, is estimated as already stated, at |