shall be manned by not more than two-thirds of their compliment of feamen and or☛ 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 sometimes for her safety, 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 discretion 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 arise 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 seamen would admit -a felection of vessels best adapted to the fervice.

Our Indian neighbours are advancing, many of them with fpirit, and others be ginning to engage, in the pursuits of agriculture and household manufacture. They are becoming fenfible that the earth yields subsistence with less labour and more certainty than the forest, and find it their interest from time to time to dispose of parts of their furplus and wafte lands for the means of improving those 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 those on the Ohio, from the same boundary to the Rapids and for a confiderable depth inland. The Chickafaws and Cherokees have fold us the country between, and adjacent to, the two diftricts of Tennessee; and the Creeks the refidue of their lands in the fork of Ocmulgee, up to the Ulcofauhatche. The three former purchases are important, inasmuch as they confolidate disjoined parts of our fettled country, and rende je intercourse fecure ; and the second particularly so, as, with the small point Fiver, which we expect is by this time ceded by the Piankeshaws, it comp Bur poffeffion of the whole of both banks of the Ohio, from its fource to nea mouth, and the navigation of that river is thereby rendered forever safe to our citizens fettled and fetling on its extenfive waters. The purchase from the Creeks too has been for fome time peculiarly interesting to the fate of Georgia.

The feveral treaties which have been mentioned will be submitted to both houfen of congrefs for the exercise of their refpective 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 ftate of our progress in exploring the principal rivers of that country, and of the information refpecting them hitherto obtained, will be communicated as foon as we shall receive fome further relation, which we have reason fhortly to expect. The receipts at the treafury, during the year ending on the 30th day of Septem ber 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 intereft. Thefe payments, with those which had been made in three years and half preceding, have extinguished 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 ufe of this authority: because the sum of four millions and an half, which remained in the treasury on the fame 0th day of Sep. tember laft, with the receipts which we may calculate on for the enfuing year, be fides paying the annual sum 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 provisions of arms and armed yeffels recommended by the circumstances of the times, this furplus will furnish the means of doing fo.

On this first occafion of addreffing congrefs, fince, by the choice of my confitur

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

ernment.

In the course of your feffion, you fhall receive all the aid which I can give for the dispatch of the publick business, and all the information necessary for your deliberations, of which the interefts of our own country and the confidence repofed in us by others, will admit a communication, TH: 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, 1805.

To the Senate and House of Representatives

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, several 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, Odober 10, 1805.

THE governour of the territory of Michigan and the prefiding judge thereof, in compliance with the wifhes 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 thoufand 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 firft 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 pursuance of the ordinance of congrefs, administered to the feveral officers their refpective 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 oper ations in a scene of the deepest publick.and private calamity. By the conflagration 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 confum ed; and the most valuable part of the personal 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 difperfed 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, ufed.as ftreets or lanes, only excepted; and the whole was environed with a very ftrong 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 leaft fuch 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 exifted 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 shelter, and hopeless of any prompt arrangements of government, had reoccupied their former ground, and a few buildings had already been erected in the midst 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 fufferings, 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 govern ment, 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 first 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 thefe difcuffions was, to proceed to lay out a new town, embracing the whole of the old town, and the publick lands ad jacent; 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 justified in holding out any charitable donations whatever, as a 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 congress, being firft impreffed, and clearly understood, the lots were expofed to fale under that refervation. Where the purchafer of a lot was a proprietor in the old town, he was at liberty to extinguish 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 courfe could not be confined merely to former proprietors but as far as poffible, 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 were entirely stopped 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 square foot, and the whole averaged at least 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 poffeffion under the titles, such 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 remaine for the congrefs of the United States either to refuse a fanction of the arrange ment 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 fufferings, of a great part of which they were eye witneffes, the officers of their local government cannot refrain from adding their warmest degree of recommendation to forward the liberality the congress of the United States will anqueftionably be inclined to exercise towards them; and the difpofition which will doubtlefs prevail towards attaching their affections, promoting their interests, and relieving their distress. 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 underligned pretend not to fay; but whatever relief may be extended to them on the part of the general government, they helitate 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 existing business settled. 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 conftantly prefented addreffes 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 earnestly requested 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 ten 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 firft fettlements 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 exclufively been termed Louifiana. In 1678, 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 difcovery 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 usually 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 1769, 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 these 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 1788, the fubjects of his Britannick majefty are fecured from lofs, or damage in perfon, 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, houfes, 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 resulted, which are not indeed difficult to forefee, but which it is difficult to remedy. One of thefe 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 favage focieties, or at most employments in the commerce carried on with them, were their only resources. While, therefore, the American colonizations of the fame, and of fubfequent 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 enterprise, 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 still 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 settlers, 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 represented, another confequence has refulted. Encroachments, in fome inftances, grafted on original title, and in others without a semblance 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 some inftances extensive settlements 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 afferted 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 present inhabitants require to be confidered under one more afpect, novel indeed, but not the lefs founded in truth. When the Amer