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[SENATE.

23d of December, Mr. Burr descended the Cumberland with two boats merely.of accommodation, carrying with him from that State no quota towards his unlawful enterprise. Whether after the arrival of the proclamation, of the orders, or of our agent, any exertion which could be made by that State, or the orders of the Governor of Kentucky for calling out the militia at the mouth of Cumberland, would be time to arrest these boats, and those from the Falls of Ohio, is still doubtful.

on his expedition to Mexico, and to this object all his
means and preparations were now directed. He col-
lected from all the quarters where himself or his
agents possessed influence, all the ardent, restless,
desperate, and disaffected persons, who were ready
for any enterprise analogous to their characters. He
seduced good and well-meaning citizens, some by as-
surances that he possessed the confidence of the
Government, and was acting under its secret patron-in
age, a pretence which procured some credit from the
state of our differences with Spain; and others by
offers of land in Bastrop's claim on the Washita.

This was the state of my information of his proceedings about the last of November, at which time, therefore, it was first possible to take specific measures to meet them. The proclamation of November 27th, two days after the receipt of General Wilkinson's information, was now issued. Orders were despatched to every interesting point on the Ohio | and Mississippi, from Pittsburg to New Orleans, for the employment of such force, either of the regulars or of the militia, and of such proceedings also of the civil authorities, as might enable them to seize on all the boats and stores provided for the enterprise, to arrest the persons concerned, and to suppress, effectually, the further progress of enterprise. A little before the receipt of these orders in the State of Ohio, our confidential agent, who had been diligently employed in investigating the conspiracy, had acquired sufficient information to open himself to the Governor of that State, and apply for the immediate exertion of the authority and power of the State to crush the combination. Governor Tiffin and the Legislature, with a promptitude, an energy, and patriotic zeal, which entitle them to a distinguished place in the affection of their sister States, effected the seizure of all the boats, provisions, and other preparations within their reach, and thus gave a first blow, materially disabling the enterprise in its

outset.

On the whole, the fugitives from the Ohio, with their associates from Cumberland, or any other place in that quarter, cannot threaten serious danger to the city of New Orleans.

By the same express of December 19th, orders were sent to the Governors of Orleans and Mississippi, supplementary to those which had been given on the 25th of November, to hold the militia of their Territories in readiness to co-operate, for their defence, with the regular troops and armed vessels then under command of General Wilkinson. Great alarm, indeed, was excited at New Orleans by the exaggerated accounts of Mr. Burr, disseminated through his emissaries, of the armies and navies he was to assemble there. General Wilkinson had arrived there himself on the 24th of November, and had immediately put into activity the resources of the place, for the purpose of its defence; and, on the 10th of December, he was joined by his troops from the Sabine. Great zeal was shown by the inhabitants generally; the merchants of the place readily agreeing to the most laudable exertions and sacrifices for manning the armed vessels with their seamen ; and the other citizens manifesting unequivocal fidelity to the Union, and a spirit of determined resistance to their expected assailants.

Surmises have been hazarded that this enterprise is to receive aid from certain foreign powers. But these surmises are without proof or probability. The wisdom of the measures sanctioned by Congress at In Kentucky a premature attempt to bring Burr to its last session, has placed us in the paths of peace justice, without a sufficient evidence for his convic- and justice with the only powers with whom we had tion, had produced a popular impression in his favor, any differences; and nothing has happened since and a general disbelief of his guilt. This gave him which makes it either their interest or ours to puran unfortunate opportunity of hastening his equip- sue another course. No change of measures has ments. The arrival of the proclamation and orders, taken place on our part: none ought to take place at and the application and information of our confiden- this time. With the one, friendly arrangement was tial agent, at length awakened the authorities of then proposed, and the law, deemed necessary on the that State to the truth, and then produced the same failure of that, was suspended to give time for a fair promptitude and energy of which the neighboring trial of the issue. With the same power friendly State had set the example. Under an act of their arrangement is now proceeding, under good expecLegislature, of December 23d, militia was instantly tations, and the same law deemed necessary on failordered to different important points, and measures ure of that, is still suspended, to give time for a fair taken for doing whatever could yet be done. Some trial of the issue. With the other, negotiation was boats (accounts vary from five to double or treble in like manner then preferred, and provisional measthat number) and persons (differently estimated from ures only taken to meet the event of rupture. one to three hundred) had in the mean time passed the same power negotiation is still preferred, and the Falls of Ohio, to rendezvous at the mouth of provisional measures only are necessary to meet the Cumberland, with others expected down that river. event of rupture. While, therefore, we do not deNot apprised, till very late, that boats were build-flect in the slightest degree from the course we then ing on Cumberland, the effect of the proclamation had been trusted to for some time in the State of Tennessee. But, on the 19th of December, similar communications and instructions, with those to the neighboring States, were despatched by express to the Governor, and a general officer of the western division of the State; and, on the 23d of December, our confidential agent left Frankfort for Nashville, to put into activity the means of that State also. But by information received yesterday, I learn that on the

With

These

assumed, and are still pursuing, with mutual consent,
to restore a good understanding, we are not to impute
to them practices as irreconcilable to interest as to
good faith, and changing necessarily the relations of
peace and justice between us to those of war.
surmises are, therefore, to be imputed to the vaunt-
ings of the author of this enterprise, to multiply his
partisans by magnifying the belief of his prospects
and support.

By letters from General Wilkinson, of the 14th

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and 18th of December, which came to hand two days after the date of the resolution of the House of Representatives, that is to say, on the morning of the 18th instant, I received the important affidavit, a copy of which I now communicate, with extracts of so much of the letters as comes within the scope of the resolution. By these it will be seen that of three of the principal emissaries of Mr. Burr, whom the General had caused to be apprehended, one had been liberated by habeas corpus, and two others, being those particularly employed in the endeavor to corrupt the General and Army of the United States, have been embarked by him for ports in the Atlantic States, probably on the consideration that an impartial trial could not be expected during the present agitation of New Orleans, and that that city was not as yet a safe place of confinement. As soon as these persons shall arrive, they will be delivered to the custody of the law, and left to such course of trial, both as to place and progress, as its functionaries may direct. The presence of the highest judicial authorities, to be assembled at this place within a few days, the means of pursuing a sounder course of proceedings here than elsewhere, and the aid of the Executive means, should the judges have occasion to use them, render it equally desirable for the criminals as for the public, that, being already removed from the place where they were first apprehended, the first regular arrest should take place here, and the course of proceedings receive here their proper direction.

JANUARY 22, 1807.

TH. JEFFERSON.

Ordered, That the Message, and documents therein referred to, lie for consideration; and that five hundred copies thereof be printed for the use of the Senate.

FRIDAY, January 23.

Suspension of the Writ of Habeas Corpus.
On the motion of Mr. GILES,

Ordered, That Messrs. GILES, ADAMS, and SMITH of Maryland, be a committee to inquire whether it is expedient, in the present state of public affairs, to suspend the privilege of the writ of habeas corpus, and that they have leave to report by bill or otherwise.

Ordered, That the Message of the President of the United States, of the 22d instant, together with the documents therein mentioned, be referred to the same committee.

Whereupon, Mr. GILES, from the committee, reported a bill to suspend the privilege of the writ of habeas corpus for a limited time, in certain cases; and the rule was, by unanimous consent, dispensed with, and the bill had three readings, and was amended.

Resolved, That this bill pass as amended, that it be engrossed, and that the title thereof be "An act to suspend the privilege of the writ of habeas corpus for a limited time in certain

cases."

The committee also reported the following message to the House of Representatives; which was read and agreed to, to wit: Gentlemen of the House of Representatives: The Senate have passed a bill suspending for three months the privilege of the writ of habeas corpus, in

[JANUARY, 1807.

certain cases, which they think expedient to communicate to you in confidence, and to request your concurrence therein, as speedily as the emergency of the case shall, in your judgment, require.

Ordered, That Mr. SMITH of Maryland be the committee to deliver the message to the House of Representatives.

MONDAY, January 26. Burr's Conspiracy.

A Message was received from the PRESIDENT OF THE UNITED STATES, as follows: To the Senate and House of

Representatives of the United States:

I received from General Wilkinson, on the 23d instant, his affidavit, charging Samuel Swartwout, Peter V. Ogden, and James Alexander, with the crimes described in the affidavit; a copy of which is now communicated to both Houses of Congress. It was announced to me at the same time, that Swartwout and Bollman, two of the persons apprehended by him, were arrived in this city, in custody, each, of a military officer. I immediately delivered to the Attorney of the United States, in this district, the evidence received against them, with instructions to lay the same before the Judges, and apply for their process to bring the accused to justice; and put into his hands orders to the officers having them in custody to deliver them to the Marshal, on his application. TH. JEFFERSON.

JANUARY 26, 1807.

The Message and papers therein mentioned were read and referred to Messrs. GILES, BAYARD, and ADAMS, together with the Message and papers heretofore communicated to the Senate on the same subject, to consider and report thereon; and five hundred copies of the Message of the President of the United States and documents communicated this day, were ordered to be printed for the use of the Senate.

TUESDAY, January 27.

JOHN SMITH, from the State of Ohio, attended.

WEDNESDAY, January 28.

Sundry written Messages were received from the PRESIDENT OF THE UNITED STATES, by Mr. Coles, his Secretary.

The bill to prevent settlements being made on lands ceded to the United States, until authorized by law, was read the second time, and made the order of the day for Friday next.

The Senate resumed the second reading of the bill, entitled "An act authorizing the ereetion of a bridge over the river Potomac, within the District of Columbia," and the motion that it be postponed to the next session of Congress; and, after debate, the Senate adjourned.

THURSDAY, January 29.
Burr's Conspiracy.

The Message yesterday received from the PRESIDENT OF THE UNITED STATES was read, as follows:

FEBRUARY, 1807.]

To the Senate and House of

Salt Duty.

Representatives of the United States:

By the letter of Captain Bissel, who commands at Fort Massac, and of Mr. Murrell to General Jackson, of Tennessee, copies of which are now communicated to Congress, it will be seen that Aaron Burr passed Fort Massac on the 31st December, with about ten boats, navigated by about six hands each, without any military appearance; and that three boats with ammunition were said to have been arrested by the militia at Louisville.

As the guard of militia posted on various points of the Ohio will be able to prevent any further aids passing through that channel, should any be attempted, we may now estimate with tolerable certainty the means derived from the Ohio and its waters, towards the accomplishment of the purposes of Mr. Burr.

January 28, 1807.

TH. JEFFERSON.

MONDAY, February 2.

[SENATE.

Death of the Representative Levi Casey, Esq. A message from the House of Representatives informed the Senate of the death of General Levi Casey, late a member of the House of Representatives, and that his funeral will take place this day at one o'clock.

Whereupon, Resolved, That the Senate will attend the funeral of General Casey.

TUESDAY, February 17.

Virginia Military Land Warrants.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to extend the time for locating Virginia military warrants, and for returning the surveys thereon to the

The Message and papers were read, and office of the Secretary for the Department of ordered to lie for consideration.*

* The following are the letters:

NASHVILLE, Jan. 8, 1807. SIR: I received your instructions, dated the 2d instant, and agreeably thereto, I delivered your letter, addressed to General Thomas Johnson, to Colonel Cheatham, and it was forwarded to him immediately. I arrived at Centreville on the 4th instant; heard a report there that Colonel Burr had gone down the river with one thousand armed men; arrived at the mouth of Cumberland river that evening, and made inquiry concerning Colonel Burr, and was informed that he left that place on the 28th December, 1806, with ten boats, of different descriptions; had sixty men on board, but no appearance of arms. I left there on the 5th instant, and arrived at Fort Massac that evening; delivered your letter to Captain Bissel, and received his answer; made some inquiries of him, and was informed that Colonel Burr had left that place on the 80th December, 1800, with ten boats. He likeseen no appearance of arms or ammunition. On my return to the mouth of Cumberland river, I was informed that three boats had been stopped at Louisville, with a quantity of ammunition. There are about fifty men stationed at the mouth of Cumberland, under command of Colonel Ramsey. I remain, with the highest esteem, yours,

wise informed me that he had been on board the boats, and

Gen. ANDREW JACKSON.

JOHN MURRELL.

FORT MASSAC, Jan. 5, 1807. SIE: This day, per express, I had the honor to receive your very interesting letter of the 2d instant; I shall pay due respect to its contents; as yet I have not received the President's Proclamation alluded to, nor have I received any orders from the Department of War relative to the subject matter of your letter.

There has not, to my knowledge, been any assemblage of men or boats, at this or any other place, unauthorized by law or precedency; but, should any thing of the kind make its appearance, which carries with it the least mark of suspicion, as having illegal enterprises or projects in view, hostile to the peace and good order of Government, I shall, with as much ardor and energy as the case will admit, endeavor to bring to justice all such offenders.

For more than two weeks last past I have made it a point to make myself acquainted with the loading and situation of all boats descending the river. As yet there has nothing the least alarming appeared. On or about the 31st ultimo, Colonel Burr, late Vice President of the United States, passed this with about ten boats, of different descriptions, navigated with about six men each, having nothing on board that would even suffer a conjecture, more than a man bound to market; he has descended the rivers towards Orleans. Should any thing, to my knowledge, transpire, interesting to Government, I will give the most early notice in my power.

I have the honor to be, respectfully, sir,
your obedient servant,

DANIEL BISSEL

War."

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WEDNESDAY, February 25.
Salt Duty.

The Senate resumed the third reading of the bill, from the House of Representatives, entitled "An act repealing the acts laying duties on salt, and continuing in force for a further time the first section of the act, entitled 'An act further to protect the commerce and seamen of the United States against the Barbary Powers;'" and on the question, Shall this bill pass as amended? it was determined in the affirmative-yeas 15, nays 12, as follows:

YEAS.-Messrs. Bradley, Condit, Giles, Howland, Kitchel, Logan, Maclay, Milledge, Moore, Reed, Smith of Maryland, Smith of Tennessee, Smith of Vermont, Thruston, and Worthington.

NAYS.-Messrs. Adams, Bayard, Gilman, Hillhouse, Mitchill, Pickering, Plumer, Smith of New York, Sumter, Tracy, Turner, and White.

General ANDREW JACKSON.

SENATE.]

TUESDAY, March 3.

Adjournment.

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him with the intended recess of the two Houses of Congress, and agreed thereto; and Messrs. MITCHILL and ADAMS were appointed the com

Mr. MITCHILL reported, from the joint com-mittee on the part of Senate. mittee, that they had waited on the President of the United States, who informed them that he had no further communications to make to the two Houses of Congress.

The Senate took into consideration the resolution of the House of Representatives for the appointment of a joint committee to wait on the President of the United States to acquaint

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A message from the House of Representatives informed the Senate that the House, having finished the business before them, are about to adjourn. The Secretary was then directed to inform the House of Representatives that the Senate, having finished the business before them, are about to adjourn, whereupon the Senate adjourned without day.

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MONDAY, December 1, 1806.

This being the day appointed by the constitution for the annual meeting of Congress, the following members of the House of Representatives appeared, and took their seats, to wit: From New Hampshire-Silas Betton, Caleb Ellis, David Hough, Samuel Tenney, and Thomas W. Thompson.

From Ohio-Jeremiah Morrow.

From Kentucky-George M. Bedinger, John Boyle, and Thomas Sanford.

From Tennessee-George W. Campbell, and John Rhea.

Delegate from the Mississippi Territory-William Lattimore.

Two new members, to wit: from Connecticut THEODORE DWIGHT, returned to serve in this From Massachusetts-Joseph Barker, Barnabas Bid- House, as a member for the said State, in the well, John Chandler, Orchard Cook, Jacob Crown-room of John Cotton Smith, who has resigned inshield, Richard Cutts, William Ely, Isaiah L. Green, Seth Hastings, Jeremiah Nelson, Josiah Quincy, Ebenezer Seaver, William Stedman, Samuel Taggart, and Joseph B. Varnum.

From Vermont-Martin Chittenden, James Elliot,

James Fisk, and Gideon Olin.

From Rhode Island-Nehemiah Knight, and Joseph

Stanton.

From Connecticut-Samuel W. Dana, John Davenport, jr., Jonathan O. Mosely, Timothy Pitkin, jr., Lewis B. Sturges, and Benjamin Tallmadge.

From New York-John Blake, jr., Silas Halsey, John Russell, Peter Sailly, Thomas Sammons, Martin G. Schuneman, Philip Van Cortlandt, and Killian K. Van Rensselaer.

From New Jersey-Ezra Darby, Ebenezer Elmer, John Lambert, James Sloan, and Henry Southard. From Pennsylvania-Isaac Anderson, David Bard, Robert Brown, Joseph Clay, Frederick Conrad, William Findlay, John Hamilton, James Kelly, John Pugh, John Rea, Jacob Richards, John Smilie, Samuel Smith, John Whitehill, and Robert Whitehill.

From Delaware-James M. Broom.

From Maryland-Charles Goldsborough, Patrick Magruder, William McCreery, Nicholas R. Moore, and Roger Nelson.

From Virginia-Burwell Bassett, John Claiborne, John Clopton, John Dawson, John W. Eppes, James M. Garnett, Peterson Goodwyn, David Holmes, Walter Jones, Joseph Lewis, jr., Thomas Newton, jr., and John Randolph.

From North Carolina-Willis Alston, jr., Thomas Kenan, Duncan MacFarland, Nathaniel Macon, Speaker, Richard Stanford, Joseph Winston, and Thomas Wynns.

From South Carolina-William Butler, Robert Marion, Thomas Moore, and David R. Williams. From Georgia-Peter Early, and David Meri

wether.

his seat; and, from Virginia, WILLIAM A. BURWELL, returned to serve in this House, as a member for the said State, in the room, of Christopher Clark, who has resigned his seat, appeared, produced their credentials, were qualified, and took their seats in the House.

DANIEL CLARK, returned to serve as a delegate from the Orleans Territory of the United States, appeared, produced his credentials, was qualified, and took his seat in the House.

And a quorum, consisting of a majority of the whole number, being present, a message was sent to the Senate to inform them that a quorum of the House is assembled, and ready to proceed to business.

A message from the Senate informed the House, that a quorum of the Senate is assembled, and ready to proceed to business.

Mr. DAWSON and Mr. GEORGE W. CAMPBELL were appointed a committee, on the part of the House, jointly with such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them.

A message from the Senate informed the House that the Senate have appointed a committee on their part for the same purpose.

TUESDAY, December 2.

Several other members, to wit: from New York, HENRY W. LIVINGSTON, and URI TRACY; from Maryland, JOHN CAMPBELL; from Virginia, JOHN MORROW, THOMAS M. RANDOLPH, JOHN SMITH, PHILIP R. THOMPSON, and ALEXANDER

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