Chapter M: CAMPBELL then rose and spoke as follows (29)

Mr. J. RANDOLPH.--I understand this House to have sent a bill to the Senate repealing the existing duty on salt, and continuing for a further time the tax imposing a duty of two and a half per cent. on articles previously charged with ad valorem duties. The Senate have returned the bill, retaining the supply we voted, as well as the tax proposed by us to be repealed. I hope we shall not agree to their amendments, and the reasons I shall offer will not be those drawn from expediency, but from my idea of the constitutional powers of this, and the other branch of the legislature--which is, that it is the sole and indisputable prerogative of this House to grant the money of the people of the United States. It is here only that a grant of money can originate. It is true that the Senate have the power of amending money bills, but my idea of the extent to which that power can go, according to the true spirit of the constitution, is this: while the Senate may amend money bills to facilitate the collection of duties, or in other respects, as to their details, they do not possess the constitutional power of varying either the quantum of tax proposed in this House, or the object on which it may be levied. I hope the House will never consent to give up this invaluable privilege of saying what supplies they will grant, and the object on which they shall be levied. But, even supposing this objection nugatory, I hope this House will not suffer itself to be trapped, on the last day of the session, in agreeing to a grant it was never in their contemplation to make. When we sent a bill to the other branch to continue the Mediterranean duty, we sent at the same time, a bill to repeal the duty on salt. The amendment from the Senate can be viewed in no other light than as originating a money bill in the Senate. It goes to originate a tax on salt. Such, in effect, will be the object and tendency of the measure. Let us suppose, instead of sending to the Senate a bill imposing a new tax, we had sent a simple bill to repeal this same tax upon salt--could the Senate, by an amendment, rivet and continue the Mediterranean fund? And if they could, would not that be originating a money bill? I hope the House will disagree to the amendments of the Senate.

Mr. ALSTON thought it would be advisable to accommodate with the Senate. In order to obtain an accommodation, he should vote, in the first instance, against the amendments of the Senate. On a conference, they may agree to strike off the duty of eight cents on salt, and the next year, when we shall better understand the ground on which we stand, the House may be disposed still further to lessen the burden.

Mr. RHEA, of Tennessee.--I do not consider this bill as in the nature of a bill originating revenue, but as one, on the contrary, detracting from the revenue. I contend that the Senate have the power, at any time, to say they will not consent to the repeal of a revenue law, else they are a trifling, insignificant body. Are they not, as well as we, to judge of the exigency of the country? This is not a question of expediency, but of necessity. Though we are desirous of taking off the duty on salt, such is the situation of the country, menaced with foreign danger, and particularly with a war with Tunis, that the revenue ought not to be diminished. For these reasons I shall concur in the amendment of the Senate.

The yeas and nays were then taken on agreeing to the amendment of the Senate--yeas 24, nays 56.

Mr. J. RANDOLPH.--I hope we shall now adhere to our disagreement to the amendment of the Senate. I hope we shall not concur with the Senate, under the idea of reducing the duty on salt from twenty to twelve cents. Notwithstanding a fear entertained by some gentlemen of a deficiency in the revenue, the House, by a vast majority, passed the bill repealing the duty on salt. The Message of the President was referred to the Committee of Ways and Means, and that committee made a report recommending the taking off the duty on salt, and continuing the two and a half per cent. duty. Every objection to the measure that now exists then existed, and ought then to have been offered. We then sent to the other House a supply of money--a tax yielding $900,000, with the probability of its amounting the ensuing year to a million; in this same bill we proposed taking off a tax, which does not yield $600,000; we therefore made a grant of $400,000 annually. It is said that the amendment of the Senate does not go to the imposition of a new tax, but that it continues the revenue as it is. There is some plausibility, but no solidity in this remark. If it goes to continue the revenue as it now is, where is the necessity of continuing the duty of two and a half per cent.? It is therefore in fact a new money bill. Let me urge one thing to the House. If we ever mean to strike off the duty on salt, we must cling to the Mediterranean fund as the lever to lift this load from the shoulders of the people. It will be recollected that within five years we have taken off the internal taxes. I am glad of it; for I fear it would not now be done. They produced about $800,000, inclusive of the taxes which have expired, and $640,000 exclusive of them. But we have granted a supply of two and a half per cent. duties, which yield, annually, from nine hundred thousand, to a million dollars. This is a complete offset to the repeal of the internal taxes. What we have lost by their repeal we have gained, with the addition of one or two hundred thousand dollars beyond the sum we should have received, had they been suffered to remain, and no addition been made to the duties on imports and tonnage; and yet we hear of the growing demands of the Government. But the growing demands of all Governments are alike. Do gentlemen recollect the growing state of the nation? When this Government was first put in motion, the duties on imports were not more than four or five millions. These resources are daily growing, and a fund accruing from the increasing prosperity of the people, which their guardians are bound to account for. Though we have contracted a debt for New Orleans, we have gained a revenue of not less than $300,000 a year. From these circumstances I hope we shall adhere to our disagreement to the amendments of the Senate, and that they will, in their justness and graciousness, yield a tax of half a million for a tax which produces a whole million.

It is said the Senate may strike out all but the title of your bills. Indisputably; but will this House submit? Suppose you send a bill to the Senate laying a duty of two per cent. on saltpetre, and they send it back to you, striking out this provision, and giving you a bill in lieu of it, laying a tax of four shillings in the pound on all the lands of the United States. Is that, under the constitution, a fair exercise of their power? To my mind, if the position be admitted, that it is the sole privilege of this House to grant the public money, it is extremely indecent, to say no more, for that branch of the Legislature to tell the United States they will get all the money they can, whatever may be the disposition of this House. Recollect how the salt tax was laid before--on the last day of an expiring Congress, after a proposition to lay the tax had been rejected, and members had gone home, under the persuasion that no such attempt would be renewed. By some little modification of that proposition, a tax of twenty cents was laid on every fifty-six pounds of salt, and riveted on the people for ever. When I say for ever, I mean the period of its being taken off depends on a branch of the Legislature over which the people have but little control, who are the representatives, not of the people, but of the State sovereignties. Now, if the House do wish, as surely they must, to get rid of this tax, and if they believe, as they must, that the present circumstances of the country admit of its repeal, else the bill would not have passed by so large a majority, I hope they will adhere to their disagreement to the amendments of the Senate, and put it in the power of the other branch to take so much of the public money as it is our pleasure to grant, and not one cent more.

Mr. CONRAD.--I hope we shall not adhere, but try a conference. It will then be time enough to consider whether we will adhere. Anxious as I am to get rid of this odious tax, I will agree to reduce the duty to twelve cents, or keep the Mediterranean fund, and next session judge whether we are able to take off the whole of it.

The motion to adhere was then disagreed to--yeas 36, nays 42. When the House agreed to insist on their disagreement to the amendment of the Senate, and appointed a committee of conference.

And then, on a motion, made and seconded, the House adjourned until half past six o’clock, post meridian.

_Eodem Die, half-past 6 o’clock._

_Salt Duty._

CONFERENCE.

Mr. GREGG, from the committee of conference on the same bill, observed that the conferees on the part of the Senate did not discover any disposition to recede from their amendments. The conferees on the part of the House stated the danger of losing the bill if the conferees did not relax, and proposed to meet them on the ground of compromise, by taking off the duty of eight cents imposed on salt. To this proposition the conferees on the part of the Senate declined acceding.

Mr. J. RANDOLPH moved that the House adhere to their disagreement to the amendments of the Senate.

Mr. ALSTON.--Having done every thing in our power to repeal the duty on salt or to lessen it, the only question is, whether we shall continue the Mediterranean fund until the next session or not. I call on gentlemen to take a review of the different estimates from the Treasury during the present session, and to consider the expenses they warrant--I allude particularly to the appropriation of two millions towards the purchase of the Floridas, to decide whether we can do without the Mediterranean fund. The great object with me in advocating the repeal of the duty on salt was to obtain the Mediterranean fund. We have done our part to effect this object. I believe with the aid of that fund, though the duty on salt had been taken off, our revenue would have been sufficient; though even the greatest economy would have been requisite in the disbursement of the public money.

Mr. J. RANDOLPH.--I hope we shall adhere to our vote, and I will give my reasons for indulging this hope. I do not profess to be so well acquainted with the subjects of finance as some other gentlemen on this floor. But if the Mediterranean fund is to be continued for so short a time, it is obvious that the revenue to be gleaned from it will be proportionally small. The arguments of gentlemen therefore rebut themselves. They declare that they want a revenue, while they acknowledge that the continuance of this tax will produce but a small one. I hope that we shall keep the Mediterranean fund as a hostage for the salt tax. If between this and the next session a deficiency shall occur in our ways and means, to meet the demands of the Government, it will not be the first time, as I know it will not be the last, in which I shall step forward to vote a supply to meet every honorable demand. If there shall be deficit, as there is no reason to believe there will be, I pledge myself as one of those who will meet it. I wish to adhere to our vote, that the Mediterranean fund may be lost; for we have been told by those who, I presume, are well acquainted on such points, that such a course will enforce economy, and I wish I could add, in the words of an honorable friend who has no longer a seat here, would ensure economy.

The question was then taken by yeas and nays on adhering--yeas 40, nays 47.

The House then agreed to recede from their disagreement to the amendment of the Senate--ayes 45, noes 36.

_Hamet Caramalli._

The House resolved itself into a Committee of the Whole on the bill sent from the Senate, entitled “An act for the temporary relief of Hamet Caramalli.” The bill was reported without amendment, read the third time, and passed--yeas 71, nays 6.

_Adjournment._

Mr. EARLY, from the committee appointed on the part of this House, jointly, with the committee appointed on the part of the Senate, to wait on the President of the United States, and notify him of the proposed recess of Congress, reported that the committee had performed that service; and that the President signified to them he had no farther communication to make during the present session.

A message from the Senate informed the House that the Senate, having finished the legislative business before them, are now ready to adjourn.

_Ordered_, That a message be sent to the Senate to inform them that this House, having completed the business before them, are now about to adjourn until the first Monday in December next; and that the Clerk of this House do go with the said message.

The Clerk accordingly went with the said message; and, being returned, Mr. Speaker adjourned the House until the first Monday in December next.

NINTH CONGRESS.--SECOND SESSION.

BEGUN AT THE CITY OF WASHINGTON, DECEMBER 1, 1806.

PROCEEDINGS IN THE SENATE.

MONDAY, December 1, 1806.

The second session of the Ninth Congress, conformably to the Constitution of the United States, commenced this day, at the city of Washington, and the Senate assembled, in their Chamber.

PRESENT:

GEORGE CLINTON, Vice President of the United States, and President of the Senate.

WILLIAM PLUMER and NICHOLAS GILMAN, from New Hampshire.

JOHN QUINCY ADAMS and TIMOTHY PICKERING, from Massachusetts.

URIAH TRACY, from Connecticut.

BENJAMIN HOWLAND, from Rhode Island.

STEPHEN R. BRADLEY and ISRAEL SMITH, from Vermont.

SAMUEL L. MITCHILL, from New York.

JOHN CONDIT and AARON KITCHEL, from New Jersey.

GEORGE LOGAN and SAMUEL MACLAY, from Pennsylvania.

SAMUEL WHITE, from Delaware.

DAVID STONE, from North Carolina.

JOHN GAILLARD, from South Carolina.

ABRAHAM BALDWIN, from Georgia.

THOMAS WORTHINGTON, from Ohio.

WILLIAM B. GILES, appointed a Senator by the Legislature of the Commonwealth of Virginia, for the term of six years, from and after the 4th day of March last, produced his credentials, which were read; and, the oath prescribed by law having been administered to him, he took his seat in the Senate.

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

_Ordered_, That the Secretary notify the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business.

A message from the House of Representatives informed the Senate that the House have appointed a joint committee, on their part, with such committee as the Senate may appoint, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communication that he may be pleased to make to them.

The Senate took into consideration the resolution of the House of Representatives last mentioned, for the appointment of a joint committee, and

_Resolved_, That they do concur therein; and

_Ordered_, That Messrs. MITCHILL and STONE be the committee on the part of the Senate.

Mr. MITCHILL reported, from the joint committee, that they had waited on the President of the United States, agreeably to the resolution of this day, and that the President of the United States had informed the committee that he would make a communication to the two Houses to-morrow, at twelve o’clock.

TUESDAY, December 2.

SAMUEL SMITH, from the State of Maryland, and BUCKNER THRUSTON, from the State of Kentucky, attended.

_Resolved_, That JAMES MATHERS, Sergeant-at-Arms and Doorkeeper to the Senate, be, and he is hereby authorized to employ one assistant and two horses, for the purpose of performing such services as are usually required by the Doorkeeper to the Senate; and that the sum of twenty-eight dollars be allowed him weekly for that purpose, to commence with, and remain during the session, and for twenty days after.

_Annual Message._

The following Message was received from the PRESIDENT OF THE UNITED STATES:

_To the Senate and House of Representatives of the United
States_:

It would have given me, fellow-citizens, great satisfaction to
announce, in the moment of your meeting, that the difficulties
in our foreign relations, existing at the time of your last
separation, had been amicably and justly terminated. I lost no
time in taking those measures which were most likely to bring
them to such a termination, by special missions, charged with
such powers and instructions as, in the event of failure, could
leave no imputation on either our moderation or forbearance.
The delays which have since taken place in our negotiations
with the British Government appear to have proceeded from
causes which do not forbid the expectation that, during the
course of the session, I may be enabled to lay before you
their final issue. What will be that of the negotiations
for settling our differences with Spain, nothing which had
taken place at the date of the last despatches enables us to
pronounce. On the western side of the Mississippi she advanced
in considerable force, and took post at the settlement of Bayou
Pierre, on the Red river. This village was originally settled
by France, was held by her as long as she held Louisiana, and
was delivered to Spain only as a part of Louisiana. Being
small, insulated, and distant, it was not observed, at the
moment of redelivery to France and the United States, that she
continued a guard of half a dozen men, which had been stationed
there. A proposition, however, having been lately made by our
Commander-in-chief, to assume the Sabine river as a temporary
line of separation between the troops of the two nations until
the issue of our negotiations shall be known, this has been
referred by the Spanish commandant to his superior, and in
the mean time he has withdrawn his force to the western side
of the Sabine river. The correspondence on this subject, now
communicated, will exhibit more particularly the present state
of things in that quarter.

Having received information that, in another part of the United
States, a great number of private individuals were combining
together, arming and organizing themselves contrary to law,
to carry on a military expedition against the territories of
Spain, I thought it necessary, by proclamation, as well as by
special orders, to take measures for preventing and suppressing
this enterprise, for seizing the vessels, arms, and other means
provided for it, and for arresting and bringing to justice its
authors and abettors. It was due to that good faith which ought
ever to be the rule of action in public as well as in private
transactions, it was due to good order and regular government
that, while the public force was acting strictly on the
defensive, and merely to protect our citizens from aggression,
the criminal attempts of private individuals to decide, for
their country, the question of peace or war, by commencing
active and unauthorized hostilities, should be promptly and
efficaciously suppressed.

In a country whose constitution is derived from the will
of the people, directly expressed by their free suffrages,
where the principal Executive functionaries, and those of the
Legislature, are renewed by them at short periods; where,
under the character of jurors, they exercise in person the
greatest portion of the judiciary powers; where the laws are
consequently so formed and administered as to bear with equal
weight and favor on all, restraining no man in the pursuits of
honest industry, and securing to every one the property which
that acquires, it would not be supposed that any safeguards
could be needed against insurrection, or enterprise, on the
public peace or authority. The laws, however, aware that these
should not be trusted to moral restraints only, have wisely
provided punishment for these crimes when committed. But
would it not be salutary to give also the means of preventing
their commission? Where an enterprise is meditated by private
individuals against a foreign nation in amity with the United
States, powers of prevention, to a certain extent, are given
by the laws; would they not be as reasonable and useful where
the enterprise preparing is against the United States? While
adverting to this branch of law it is proper to observe, that,
in enterprises meditated against foreign nations, the ordinary
process of binding to the observance of the peace and good
behavior, could it be extended to acts to be done out of the
jurisdiction of the United States, would be effectual in some
cases where the offender is able to keep out of sight every
indication of his purpose which could draw on him the exercise
of the powers now given by law.

The expedition of Messrs. Lewis and Clarke, for exploring the
river Missouri, and the best communication from that to the
Pacific Ocean, has had all the success which could have been
expected. They have traced the Missouri nearly to its source,
descended the Columbia to the Pacific Ocean, ascertained with
accuracy the geography of that interesting communication across
our continent, learnt the character of the country, of its
commerce, and inhabitants; and it is but justice to say, that
Messrs. Lewis and Clarke, and their brave companions, have, by
this arduous service, deserved well of their country.

I congratulate you, fellow-citizens, on the approach of
the period at which you may interpose your authority,
constitutionally, to withdraw the citizens of the United States
from all further participation in those violations of human
rights which have been so long continued on the unoffending
inhabitants of Africa, and which the morality, the reputation,
and the best interests of our country, have long been eager to
proscribe. Although no law you may pass can take prohibitory
effect till the day of the year one thousand eight hundred and
eight, yet the intervening period is not too long to prevent,
by timely notice, expeditions which cannot be completed before
that day.

The receipts at the Treasury, during the year ending on the
30th day of September last, have amounted to nearly fifteen
millions of dollars, which have enabled us, after meeting the
current demands, to pay two millions seven hundred thousand
dollars of the American claims, in part of the price of
Louisiana; to pay of the funded debt, upwards of three millions
of principal, and nearly four of interest; and, in addition,
to reimburse, in the course of the present month, nearly two
millions of five and a half per cent. stock. These payments
and reimbursements of the funded debt, with those which had
been made in the four years and a half preceding, will, at
the present year, have extinguished upwards of twenty-three
millions of principal.

The duties composing the Mediterranean fund will cease, by
law, at the end of the present session. Considering, however,
that they are levied chiefly on luxuries, and that we have an
impost on salt, a necessary of life, the free use of which
otherwise is so important, I recommend to your consideration
the suppression of the duties on salt, and the continuation of
the Mediterranean fund instead thereof, for a short time, after
which that also will become unnecessary for any purpose now
within contemplation.

When both of these branches of revenue shall in this way be
relinquished, there will still, ere long, be an accumulation of
moneys in the Treasury beyond the instalments of public debt
which we are permitted by contract to pay. They cannot, then,
without a modification, assented to by the public creditors, be
applied to the extinguishment of this debt, and the complete
liberation of our revenues, the most desirable of all objects;
nor, if our peace continues, will they be wanting for any other
existing purpose. The question, therefore, now comes forward:
To what other objects shall these surpluses be appropriated,
and the whole surplus of impost, after the entire discharge of
the public debt, and during those intervals when the purposes
of war shall not call for them? Shall we suppress the impost,
and give that advantage to foreign over domestic manufactures?
On a few articles, of more general and necessary use, the
suppression, in due season, will doubtless be right, but the
great mass of the articles on which impost is paid are foreign
luxuries, purchased by those only who are rich enough to afford
themselves the use of them. Their patriotism would certainly
prefer its continuance and application to the great purposes
of the public education, roads, rivers, canals,[41] and such
other objects of public improvement as it may be thought
proper to add to the constitutional enumeration of federal
powers. By these operations new channels of communication
will be opened between the States; the lines of separation
will disappear; their interests will be identified and their
Union cemented by new and indissoluble ties. Education is here
placed among the articles of public care, not that it would
be proposed to take its ordinary branches out of the hands
of private enterprise, which manages so much better all the
concerns to which it is equal; but a public institution can
alone supply those sciences which, though rarely called for,
are yet necessary to complete the circle, all the parts of
which contribute to the improvement of the country, and some
of them to its preservation. The subject is now proposed for
the consideration of Congress, because, if approved by the time
the State Legislature shall have deliberated on this extension
of the federal trusts, and the laws shall be passed and other
arrangements made for their execution, the necessary funds will
be on hand, and without employment. I suppose an amendment to
the constitution, by consent of the States, necessary, because
the objects now recommended are not among those enumerated in
the constitution, and to which it permits the public moneys to
be applied.

The present consideration of a national establishment,
for education particularly, is rendered proper by this
circumstance; also that, if Congress, approving the
proposition, shall yet think it more eligible to found it on
a donation of lands, they have it now in their power to endow
it with those which will be among the earliest to produce the
necessary income. This foundation would have the advantage of
being independent on war, which may suspend other improvements,
by requiring for its own purposes the resources destined for
them.

TH. JEFFERSON.

DECEMBER 2, 1806.

The Message and documents therein referred to were read, and ordered to lie for consideration, and three hundred copies thereof printed for the use of the Senate.

WEDNESDAY, December 3.

DANIEL SMITH, from the State of Tennessee, attended.

THURSDAY, December 4.

JAMES HILLHOUSE, from the State of Connecticut, attended.

FRIDAY, December 5.

JAMES TURNER, from the State of North Carolina, attended.

TUESDAY, December 9.

ANDREW MOORE, from the State of Virginia, attended.

THURSDAY, December 11.

JOHN MILLEDGE, appointed a Senator by the Legislature of the State of Georgia, in the place of James Jackson, deceased, took his seat, and his credentials were read, and the President administered the oath to him as the law prescribes.

FRIDAY, December 19.

The credentials of STEPHEN R. BRADLEY, appointed a Senator by the Legislature of the State of Vermont, for the term of six years, from and after the third day of March next, were presented and read; also, the credentials of JOHN MILLEDGE, appointed a Senator by the Legislature of the State of Georgia, for the term of six years, from and after the third day of March next.

_Ordered_, That they lie on file.

MONDAY, December 29.

The PRESIDENT communicated a letter from ROBERT WRIGHT, stating that he had resigned his seat in the Senate.

PHILIP REED, appointed a Senator by the Legislature of the State of Maryland, in place of Robert Wright, resigned, produced his credentials, and took his seat in the Senate.

HENRY CLAY, appointed a Senator by the Legislature of the State of Kentucky, in place of John Adair, resigned, produced his credentials, and took his seat in the Senate.[42]

The credentials of Mr. CLAY and Mr. REED were severally read, and the oath was administered to them as the law prescribes.

Mr. REED also produced the credentials of his appointment to be a Senator of the United States, from the State of Maryland, from the third day of March next, until the fourth day of March, 1813, and they were read, and ordered to lie on file.

JAMES FENNER, from the State of Rhode Island, attended.

MONDAY, January 12, 1807.

JAMES A. BAYARD, from the State of Delaware, attended.

TUESDAY, January 20.

The credentials of ANDREW GREGG, appointed a Senator of the United States by the Legislature of the Commonwealth of Pennsylvania, for six years, commencing on the 4th March next, were presented and read, and ordered to lie on file.

THURSDAY, January 22.

_Burr’s Conspiracy._

The following Message was received from the PRESIDENT OF THE UNITED STATES:--

_To the Senate and House of Representatives of the United
States_:

Agreeably to the request of the House of Representatives,
communicated in their resolution of the 16th instant, I proceed
to state under the reserve therein expressed, information
received touching an illegal combination of private individuals
against the peace and safety of the Union, and a military
expedition planned by them against the territories of a power
in amity with the United States, with the measures I have
pursued for suppressing the same.

I had for some time been in the constant expectation of
receiving such further information as would have enabled me
to lay before the Legislature the termination as well as the
beginning and progress of this scene of depravity, so far as
it has been acted on the Ohio and its waters. From this, the
state of safety of the lower country might have been estimated
on probable grounds; and the delay was indulged the rather,
because no circumstance had yet made it necessary to call
in the aid of the legislative functions. Information, now
recently communicated, has brought us nearly to the period
contemplated. The mass of what I have received in the course of
these transactions, is voluminous; but little has been given
under the sanction of an oath, so as to constitute formal
and legal evidence. It is chiefly in the form of letters,
often containing such a mixture of rumors, conjectures, and
suspicions, as renders it difficult to sift out the real
facts, and unadvisable to hazard more than general outlines,
strengthened by current information, on the particular
credibility of the relator. In this state of the evidence,
delivered sometimes, too, under the restriction of private
confidence, neither safety nor justice will permit the exposing
names, except that of the principal actor, whose guilt is
placed beyond question.

Some time in the latter part of September, I received
intimations that designs were in agitation in the western
country unlawful and unfriendly to the peace of the Union;
and that the prime mover in these was AARON BURR, heretofore
distinguished by the favor of his country. The grounds of these
intimations being inconclusive, the objects uncertain, and the
fidelity of that country known to be firm, the only measure
taken was to urge the informants to use their best endeavors
to get further insight into the designs and proceedings of the
suspected persons, and to communicate them to me.

It was not till the latter part of October, that the objects
of the conspiracy began to be perceived; but still so blended
and involved in mystery, that nothing distinct could be
singled out for pursuit. In this state of uncertainty as to
the crime contemplated, the acts done, and the legal course
to be pursued, I thought it best to send to the scene, where
these things were principally in transaction, a person in
whose integrity, understanding, and discretion, entire
confidence could be reposed, with instructions to investigate
the plots going on, to enter into conference (for which he
had sufficient credentials) with the Governors and all other
officers, civil and military, and, with their aid, to do on
the spot whatever should be necessary to discover the designs
of the conspirators, arrest their means, bring their persons
to punishment, and to call out the force of the country to
suppress any unlawful enterprise in which it should be found
they were engaged. By this time it was known that many boats
were under preparation, stores of provisions collecting, and
an unusual number of suspicious characters in motion on the
Ohio and its waters. Besides despatching the confidential
agent to that quarter, orders were at the same time sent to
the Governors of the Orleans and Mississippi Territories, and
to the commanders of the land and naval forces there, to be
on their guard against surprise, and in constant readiness to
resist any enterprise which might be attempted on the vessels,
posts, or other objects under their care; and on the 8th of
November instructions were forwarded to General Wilkinson, to
hasten an accommodation with the Spanish commandant on the
Sabine, and as soon as that was effected, to fall back with
his principal force to the hither bank of the Mississippi,
for the defence of the interesting points on that river. By
a letter received from that officer on the 25th of November,
but dated October 21st, we learnt that a confidential agent of
Aaron Burr had been deputed to him with communications, partly
written in cipher and partly oral, explaining his designs,
exaggerating his resources, and making such offers of emolument
and command, to engage him and the army in his unlawful
enterprise, as he had flattered himself would be successful.
The General, with the honor of a soldier and fidelity of a good
citizen, immediately despatched a trusty officer to me, with
information of what had passed, proceeding to establish such
an understanding with the Spanish commandant on the Sabine, as
permitted him to withdraw his force across the Mississippi, and
to enter on measures for opposing the projected enterprise.

The General’s letter, which came to hand on the 25th of
November, as has been mentioned, and some other information
received a few days earlier, when brought together, developed
Burr’s general designs, different parts of which only had
been revealed to different informants. It appeared that he
contemplated two distinct objects, which might be carried
on either jointly or separately, and either the one or the
other first, as circumstances should direct. One of these was
the severance of the Union of these States by the Alleghany
mountains; the other, an attack on Mexico. A third object
was provided, merely ostensible, to wit, the settlement of
a pretended purchase of a tract of country on the Washita,
claimed by a Baron Bastrop. This was to serve as the pretext
for all his preparations, an allurement for such followers
as really wished to acquire settlements in that country,
and a cover under which to retreat in the event of a final
discomfiture of both branches of his real design.

He found at once that the attachment of the western country to
the present Union was not to be shaken; that its dissolution
could not be effected with the consent of its inhabitants, and
that his resources were inadequate, as yet, to effect it by
force. He took his course then at once, determined to seize on
New Orleans, plunder the bank there, possess himself of the
military and naval stores, and proceed on his expedition to
Mexico, and to this object all his means and preparations were
now directed. He collected 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 assurances that he possessed the
confidence of the Government, and was acting under its secret
patronage, 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.

In Kentucky a premature attempt to bring Burr to justice,
without a sufficient evidence for his conviction, had produced
a popular impression in his favor, and a general disbelief
of his guilt. This gave him an unfortunate opportunity of
hastening his equipments. The arrival of the proclamation and
orders, and the application and information of our confidential
agent, at length awakened the authorities of that State to the
truth, and then produced the same promptitude and energy of
which the neighboring State had set the example. Under an act
of their Legislature, of December 23d, militia was instantly
ordered to different important points, and measures taken
for doing whatever could yet be done. Some boats (accounts
vary from five to double or treble that number) and persons
(differently estimated from one to three hundred) had in the
mean time passed the Falls of Ohio, to rendezvous at the mouth
of Cumberland, with others expected down that river.

Not apprised, till very late, that boats were building 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 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 in time to arrest these
boats, and those from the Falls of Ohio, is still doubtful.

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 its last session, has placed us in the paths
of peace and justice with the only powers with whom we had
any differences; and nothing has happened since which makes
it either their interest or ours to pursue another course. No
change of measures has taken place on our part: none ought to
take place at this time. With the one, friendly arrangement was
then proposed, and the law, deemed necessary on the failure of
that, was suspended to give time for a fair trial of the issue.
With the same power friendly arrangement is now proceeding,
under good expectations, and the same law deemed necessary on
failure of that, is still suspended, to give time for a fair
trial of the issue. With the other, negotiation was in like
manner then preferred, and provisional measures only taken to
meet the event of rupture. With the same power negotiation is
still preferred, and provisional measures only are necessary to
meet the event of rupture. While, therefore, we do not deflect
in the slightest degree from the course we then 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. These surmises are, therefore, to be imputed to
the vauntings 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 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.

TH. JEFFERSON.

JANUARY 22, 1807.

_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 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 erection 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:

_To the Senate and House of 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.

TH. JEFFERSON.

JANUARY 28, 1807.

The Message and papers were read, and ordered to lie for consideration.[43]

MONDAY, February 2.

_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 office of the Secretary for the Department of War.”

WEDNESDAY, February 18.

The credentials of the Honorable JOHN SMITH, appointed a Senator of the United States for the State of New York, for the term of six years, commencing on the 4th day of March next, were presented and read.

THURSDAY, February 19.

_Tennessee Lands._

The Senate resumed the consideration of the report of the committee, appointed on the 17th of December last, “to inquire what further proceeding is necessary to carry into effect the provisions of an act, entitled ‘An act to authorize the State of Tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same.’”

And the report was agreed to.

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.

TUESDAY, March 3.

_Adjournment._

Mr. MITCHILL reported, from the joint committee, 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 him with the intended recess of the two Houses of Congress, and agreed thereto; and Messrs. MITCHILL and ADAMS were appointed the committee on the part of Senate.

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.

NINTH CONGRESS.--SECOND SESSION.

PROCEEDINGS AND DEBATES IN THE HOUSE OF REPRESENTATIVES.

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 Massachusetts_--Joseph Barker, Barnabas Bidwell, John
Chandler, Orchard Cook, Jacob Crowninshield, 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.