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rican comes into contact with the aborignal, if he is not confidered as an enemy, he is at leaft regarded as a character with whom they are to ftruggle, and,if in no other, certainly in a pecuniary view. But the Canadian, allied by blood, by long established intercourfe, by a countlefs reciprocity of fervices, their native claims having long, as to time, been extinguished,and their honour and good faith having been repeatedly pledged for his protection, is uniformly regarded as their brother, and with him they are difpofed to make a common caufe. Hence juftice, and liberal justice, to the Canadian inhabitant is an important point of policy in the conduct of the American government towards the aboriginal inhabitants.

The extent of the Canadian extinguishment of Indian title, though in itself indefinite, appears firft to have received limits in the treaty of fort Mac Intosh, in 1785. We there firft find a written dereliction of Indian claim for a breadth of fix miles from La Riviere aux Raifins, now called Rofine, on lake Erie, to the lake St. Clair. In the subsequent treaty of fort Harmar in 1789, the fame dereliction is confirmed. In the ulterior treaty of Greenville, in 1795, the confirmation is repeated, and additions made.

The treaty with Great Britain, of 1783, and the fubfequent one of 1794, were made for the accomplishment of great national objects, having very little connection with Canadian and Indian claims. The treaties of fort Mac Intosh, fort Harmar, and of Greenville, were all formed on other far more important points; and the quantity of extinguished Indian title in Michigan recognized by them is lefs to be confidered as an acquifition of new title, than a definition of the old. The expenfe of these negociations therefore can scarcely be said, in any fenfe, to attach to this country; and perhaps it may be truly faid that all the Indian title at prefent extinguished within the territory of Michigan has not cott the United States a fingle dollar; but is entirely a recognition of a previous, but indefinite title, extinguished by the Canadians. Hence a queftion will arife, whether it is more than barely justice to the inhabitants to allow them the whole of this part, or otherwife to permit the proceeds of it to be applied to their benefit,in the education of their youth, in the erection of publick buildings, fuch as court houses and jails, which the late conflagration has entirely deprived them of, and in laying out roads, and other improvements in their country. Next to the adjuftment of the old titles comes the acquifition of new. It is believed that at this period, and in a particular mode, a very large portion of Indian title may be fhortly extinguished; but as this part of the fubject may hereafter be deemed confidential, it is made the subject of a distinct report.

On an occafion like the prefent it may not be unadvifable to revife fome of the regulations relative to the territory.

On all the subjects requiring legiflation the prefent government act with difficulty, and on many cannot act at all. All laws will be found to operato on particular places, times, and perfons; and in no state, which enters into the compofition of the American union, will an abstract code of principles be difcovered free from a connection, and that a very close one, with the places, times, and perfons affected by them. Hence the ftrict adoption of any code, or even of any one law,becomes impoffible. To make it applicable it must be adap ted to the geography of the country, to its temporary circumftances and exigencies, and to the particular character of the perfons over whom it is to ope rate. Hitherto it has been religiously the object to follow what has been deemed the fubftance of the law, whatever modifications the form of it was obliged to undergo. But different minds will not always correfpond in fentiment on what is fubftance, and what is form; and in all the litigations which arife under laws, thofe affecting the validity of the law itself are the most intri cate and difficult. Hence, in a country whofe adminiftration ought to be marked with fimplicity, intricacy, procraftination, and uncertainty in affairs, refult. To adopt laws from all the original states, the laws of all the original Vol. III. Appendix. B

ftates ought to be furnished; and waving the difficulty and expenfe of procur ing them, what body of men, under the preffure of immediate bufinefs, can acquire a complete acquaintance with them? The poffeffion of all the codes, if it were poffible, and a complete aquaintance with their contents, would ftill prove an abortive cure; for, in many very fimple cafes, a flrict precedent will be fearched for in vain. Is the object to eftablith a ferry, to regulate the affairs of any district, to erect a court house, or to inftitute a school, however urgent the call, however obvious the means, it must often be abandoned for want of a precedent that will apply; and often when attempted, may be defeated, from the want of a ftrict correfpondence between the law made and the precedent from which it profeffes to be adopted? The real fecurity for the prevalence of republican principles refts not in a provifion of this awkward kind; for even in the codes of the ftates the difciple of aristocracy may fometimes find a weapon. It refts in the general probability that the administrations of this defcription will be conformable to the general adminiftration. It refts in the parental control of congrefs. Experience is the best test of the propriety or impropriety of a law, and if a law be made which gives diffatisfaction, the natural refort is to the authority first making for its correction, and when, from defect of power or of inclination, the evil is found irremediable by them, to fuperiour authority.

The requiring a poffeffion of certain quantities of land in various officers is not only impracticable in the prefent inftance; but the policy on which the provifion may have originally been grounded has ceased to exist.

The fouthern boundary of the territory is indefinite. Though in the prefent maps of the United States, a line of latitude through the fouthern bend of lake Michigan appears to strike lake Erie near the mouth of the Miami, yet in the maps of Arrowfmith and M’Kensie, fuch a line of latitude would not ftrike lake Erie, but pafs entirely fouth of it. The anxiety of the southern fettlers of the territory is great, not to be attached to the state of Ohio, which would be incommodious to them, but to Michigan, which is fo much more convenient. The western end of lake Erie even from Sandusky would feel this convenience.

The cafe of the Wiandot Indians deferves the confideration of government. They live in two towns, Maguaga and Brown's town, within the limits of the American title. To the treaty of fort Harmar a claufe was annexed ftipulating that they might remain unmolefted. In the treaty of Greenville this provifion is omitted. They conftantly affert, and there are not wanting reputable citizens who join them in the affertion, that they were folemnly promised by general Wayne a continuance of the indulgence. It may there fore be worthy of ferious confideration,whether it may not be advisable in the adjuftment of titles to recognise their poffeffions, and inveft them with the character of citizens.

(Signed)
(Signed)

WILLIAM HULL, Governour of the Territory of
Michigan.

A. B. WOODWARD, Prefiding Judge of do.

DOCUMENTS

CARRIED

AND PAPERS RELATIVE ΤΟ COMPLAINTS BY THE GOVERNMENT OF FRANCE, AGAINST THE COMMERCE ON BY AMERICAN CITIZENS IN THE FRENCH ISLAND OF ST. DOMINGO.

To the Senate of the United States.

IN compliance with the requeft of the fenate, expreffed in their refolution of Dec. 27, I now lay before them fuch documents and papers (there being

no other information in my poffeffion) as relate to complaints by the govern ment of France, against the commerce carried on by the citizens of the Uni ed States to the French island of St. Domingo.

January 10th, 1806.

TH. JEFFERSON.

From General TURREAU to the Secretary of State.

October 14, 1805.

THE underfigned minifter plenipotentiary of his imperial and royal majefty, to his excellency the prefident of the United States of America, has teftified,in his converfation with the fecretary of state, his juft difcontent with the commercial relations, which many citizens of different ftates of the union maintain with the rebels of every colour, who have momentarily withdrawn the colony of St. Domingo from the legal authority.

The principles injuriously affected by fuch a commerce, or rather by such a fyftem of robbery (brigandage) are fo evident, fo generally acknowledged, and adopted not only by all nations, who have a colonial fyftem to defend, but even by thofe who have none: and moreover even by every wife people to whatsoever political aggregation they may belong; that the ftatefman, if he has not loft every idea of juftice, of humanity,and of publick law, can no more conteft their wisdom, than their exiftence. And certainly the underfigned, in, finding himself called by his duty, as well as by his inclination, in the bofom of afriendly people, and near the refpectable chief who directs its government; certainly the undersigned ought not to have expected that his firft political relations would have for their object a complaint fo ferious, an infraction fo manifeft of law, the most facred, and the best observed by every nation under the dominion of civilization.

But it was not enough for fome citizens of the United States to convey munitions of every kind to the rebels of St. Domingo, to that race of African flaves, the reproach, and the refufe of nature; it was moreover neceffary to infure the fuccefs of this ignoble and criminal traffick by the use of force. The veffels destined to protect it are conftructed, loaded, armed, in all the ports of the union, under the eyes of the American people, of its particular authority, and of the federal government itself; and this government which has taken for the bafis of its political career the moft fcrupulous equity, and the most impartial neutrality, does not forbid it.

Without doubt, and notwithstanding the profound confideration with which the minifter plenipotentiary of the French empire is penetrated for the government of the union; he might enlarge still farther upon the reflections fuggefted by fuch a state of things, a circumftance fo important, fo unexpected. But it would be equally as afflicting for him to dwell upon it, to ftate its confequences, as it would be for the government to hear them.

The fecretary of state, who perfectly knows the juftice of the principles, and the legitimacy of the rights referred to in this note, will be of opinion that neither are fufceptible of difcuffien; becaufe a principle univerfally affented to, a right generally established, is never difcuffed, or at least is difcuffed in vain. The only way open for the redrefs of thefe complaints is to put an end to the tolerance which produces them, and which daily aggravates these confequences.

Moreover this note, founded upon facts not lefs evident than the principles which they infract, does not permit the undersigned to doubt that the govern ment of the U. States will take the most prompt, as well as the most effectual prohibitory measures, in order to put an end to its caufe; and he feizes with eagerness this occafion of renewing to the fecretary of state, the affurance of bis high confideration. (Signed) TURREAU.

Faithfully tranflated.

J. WAGNER, Chief Clerk, Department State.

General TURREAU, Minifter Plenipotentiary of his Imperial and Royal Majefly, to Mr. MADISON, Secretary of State.

Washington, 2d Jan. 1806. SIR-Formal orders of my government oblige me to infift upon the contents of my official note, of the 14th of October, relative to the commerce, which fome inhabitants of the United States maintain with the rebels of St. Domingo, Not receiving any answer to that note, I had room to hope, that the government of the union would take prompt and effectual measures to put an end to the caufes which produced it; but your filence towards me, especially in relation to St. Domingo, and that of your government towards congrefs, impofes upon me the duty of recalling to your recollection the faid official note, and of renewing to you my complaints upon the tolerance given to an abufe, as fhocking, as contrary to the law of nations, as it is to the treaty of peace and friendship exifting between France and the United States.

I will not return, fir, to the different circumstances which have attended the commerce with the revolted part of St. Domingo, to the scandalous publicity given to its fhameful fuccefs; to the rewards and encomiums prostituted upon the crews of armed veffels, whofe deftination is to protect the voyages, to carry munitions of every kind to the rebels, and thus to nourish rebellion and robbery.

You ought not to be surprised, fir, that I call anew the attention of the American government to this fubject. His excellency Mr. Talleyrand has already teftified his discontent to Gen. Armstrong, your minifter plenipoten, tiary at Paris; and you will be of opinion, that it is at length time to pursue formal measures against every adventure to the ports of St. Domingo occupi ed by the rebels. The fyftem of tolerance which produces this commerce, which fuffers its being armed, which encourages by impunity its extenfion and its excefs, cannot longer remain; and the emperour and king my mafter, expects from the dignity and the candour of the government of the union, that an end will be put to it promptly.

I add to this dispatch a copy of the official note, which has already been tranfmitted to you. I earnestly request, that you acknowledge the receipt of both, and receive anew affurances of my high confideration.

Faithfully tranflated.

(Signed)

J. WAGNER, Chief Clerk, Department of State.

TURREAU,

From Mr. TALLEYRAND to Gen. ARMSTRONG, without date, but received in Gen. Armstrong's letter to the Secretary of State, of 10th Aug. 1805,

SIRI have feveral times had the honour to call your attention to the Commerce carried on from the ports of the United States to thofe of St. Domingo occupied by the rebels. These commercial communications would appear to be almost daily increased. In order to cover their true deftination, the veffels are cleared for the West Indies, without a more partic ular defignation of the place, and with the aid of thefe commiffions, provis jons, arms, and other objects of fupply, of which they stand in need, are car ried to the rebels of St. Domingo.

Although these adventures may be no more than the refult of private specuJations, the government of the United States is not the lefs engaged to put an end to them, by a confequence of the obligations which bind together all the civilized powers, all thofe who are in a state of peace. No government can fecond the fpirit of revolt of the fubjects of another power; and, as in this ftate of things, it cannot maintain communications with them, it ought not to favour thofe which its own fubjects maintain.

It is impoffible, that the government of the United States fhould longer

fhut its eyes upon the communications of their commerce with St. Domingo, The adventures for that ifland are making with a fcandalous publicity. They are fupported by armed veffels; at their return, feafts are given, in order to yaunt the fuccefs of their fpeculations; and the acknowledgment, even the eulogies of the government are fo much relied upon,that it is at these feafts,and in the midft of an immenfe concourfe, where are found the first authorities of the country, that the principles of the government of Haiti are celebrated,and that vows are made for its duration.

I have the honour, fir, to transmit to your excellency an extract of an Ame rican journal, in which are contained fundry details of a feaft, given in the port of New York, on board of a convoy which had arrived from St. Domingo.

The ninth toaft,given to the government of Haiti, cannot fail to excite your indignation. It is not, after having covered every thing with blood and with ruins, that the rebels of St. Domingo ought to have found apologists in a nation, the friend of France.

But they do not stop at their first speculations. The company of merchants, which gave a feaft on the return of their adventure, is preparing a fecond convoy, and propose to place it under the escort of feveral armed veffels.

I have the honour, fir, to give you this information, in order that you may be pleased to call the most serious attention of your government towards a series of facts, which it becomes its dignity and candour no longer to permit. The federal government, cannot fo far feparate itself from the inhabitants of the United States, as to permit to them acts and communications, which it thinks itself bound to interdict to itself; or, as to think that it can diftinguish its own reponsibility from that of its fubjects, when there is in queftion an unpar alleled revolt, whofe circumftances and whofe horrible confequences must alarm all nations, and who are all equally interested in seeing it ceafe.

France ought to expect from the amity of the United States, and his majef ty charges me, fir, to request in his name, that they interdict every private adventure, which, under any pretext or defignation whatsoever, may be destined to the ports of St. Domingo, occupied by the rebels.

Receive, General, the affurances of my high confideration.

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Paris, 29th Thermidor, 13th year, (16th Auguft, 1805.) SIR-Since the letter I had the honour to write to you on the 2d Thermidor, concerning the armaments which were making in the ports of the United States, for the western parts of St. Domingo, fresh information upon this point confirms every thing which had been received. The adventures to St. Domingo are publickly made; veffels are armed for war to protect the convoys; and it is in virtue of contracts, entered into between Deffalines and American merchants, that the latter fend him fupplies and munitions of

war.

I add, fir, to the letter I have the honour to write to you, a copy of a fentence given at Halifax in the matter of a merchant of New-York, who had conveyed into the revolted part of St. Domingo, three cargoes of gun powder, and who was taken on his return by an English frigate.

If even in the English tribunal, where this prize was condemned, the whole inland of St. Domingo was confidered as a French colony, how can the fede

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