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JANUARY, 1807.

Proceedings.

SENATE.

bia;" and, after progress, the consideration thereof Representatives of the Indiana Territory, on the was further postponed.

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.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to continue in force. for a limited time, an act, entitled 'An act to suspend the commercial intercourse between the United States and certain parts of the island of St. Domingo;" also, a bill, entitled "An act to provide for surveying the coasts of the United States;" in which bills they desire the concurrence of the

Senate.

The bills were read, and ordered to the second reading.

The Senate resumed, as in Committee of the Whole, 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, after debate, the consideration thereof was further postponed.

The bill to alter the time of holding the circuit court in the district of North Carolina, was read the third time, and passed.

WEDNESDAY, January 21.

Ordered, That Messrs. MITCHILL and STONE be added to the committee to whom was referred, on the 16th instant, the bill, entitled "An act supplementary to the act, entitled 'An act making provision for the redemption of the whole of the public debt of the United States ;" Messrs. BALDWIN and TRACY having been excused on account of the ill state of their health.

The bill, entitled "An act to continue in force, for a further time, an act, entitled "An act to suspend the commercial intercourse between the United States and certain parts of the island of St. Domingo," was read the second time, and referred to Messrs. LOGAN, MITCHILL, and ADAMS, to consider and report thereon.

The bill, entitled "An act to provide for surveying the coasts of the United States," was read the second time, and referred to Messrs. MITCHILL ADAMS, and GAILLARD, to consider and report

thereon.

Mr. WORTHINGTON, from the committee to whom the subject was referred, on the 23d De cember last, asked and obtained leave to report a bill confirming claims to land in the district of Vincennes; which was read, and ordered to the second reading.

Mr. WORTHINGTON, from the committee appointed on the 5th January, on the subject, asked and obtained leave to report a bill regulating the grants of land in the Territory of Michigan; and the bill was read, and ordered to a second reading. The PRESIDENT communicated certain resolutions of the Legislative Council and House of

suspension of the sixth article of compact between the United States and the Territories and States northwest of the river Ohio, passed the 13th July, letter from William H. Harrison, Governor of 1787; which resolutions were transmitted in a the Indiana Territory; and the letter and resolutions were read, and ordered to lie for considera

tion.

Mr. CLAY presented the petition of John Griffin, and others, judges of the Indiana Territory, stating that, by the act of Congress, entitled "An act erecting Louisiana into two Territories, and for providing for the temporary government thereof," it was made their duty, in conjunction with the Governor of the said Territory, to organize a government in the district of Louisiana; to establish courts of justice therein; and to make and publish a code of laws for its government; and that they had, at great trouble and expense, performed that service, and praying remuneration therefor; and the petition was read, and referred to Messrs. CLAY, BRADLEY, and MACLAY, to consider and report thereon.

Mr. BAYARD gave notice that he would to-morrow ask leave to bring in a bill to explain the acts, entitled "An act supplementary to the act, entitled 'An act to divide the Territory of the United States Northwest of the river Ohio into two separate governments."

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act allowing an additional compensation to the judges of the Mississippi Territory, and extending the right of suffrage therein;" also, a bill, entitled "An act authorizing the erection of certain light-houses, and the fixing of stakes, buoys. and beacons, in certain places therein named;" in which bills they desire the concurrence of the Senate.

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 Mr. BAYARD submitted certain statements signed K. K. Van Rensselaer, Joseph Lewis, jun., and Uri Tracy, of a conversation had with Theodore Burr on this subject; and on motion that they be received and read, the Senate being equally divided, sixteen voting in the affirmative, and sixteen in the negative, the PRESIDENT determined the question in the affirmative; and the statements were read, and ordered to be printed for the use of the Senate.

Whereupon, on motion, by Mr. GILES, that Theodore Burr be admitted to the bar of this House for examination, it was objected that the motion was not in order; and the PRESIDENT Submitted the question of order to the decision of the Senate, to wit: Is the motion of the member from Virginia in order? and it was determined in the negative.

THURSDAY, January 22.

The two bills brought up yesterday from the House of Representatives for concurrence were read, and ordered to the second reading.

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Agreeably to notice given yesterday, Mr. BAYARD asked and obtained leave to bring in a bill to explain the act, entitled "An act supplementary to an act, entitled 'An act to divide the Territory of the United States Northwest of the river Ohio into two separate governments." and the bill was read and ordered to the second reading.

The PRESIDENT communicated a report of the Secretary for the Department of the Treasury, in obedience to the provisions of the act, entitled "An act to regulate and fix the compensation of clerks, and to authorize the laying out certain public roads, and for other purposes," and stating that it will be necessary, on account of the great increase of business connected with the adjustment of claims and sales of public lands, to employ hereafter a greater number of clerks for that object; and the report was read and ordered to lie for consideration.

BURR'S CONSPIRACY.

JANUARY, 1807.

picions, 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.
ceived intimations that designs were in agitation in the
Some time in the latter part of September, I re-
of the Union; and that the prime mover in these was
western country unlawful and unfriendly to the peace
AARON BURR, heretofore distinguished by the favor
of his country. The grounds of these intimations be-
ing 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 en-
deavors to get further insight into the designs and pro-
ceedings 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

The following Message was received from the number of suspicious characters in motion on the Ohio 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.

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 I had for some time been in the constant expectation the Mississippi, for the defence of the interesting points of receiving such further information as would have on that river. By a letter received from that officer on enabled me to lay before the Legislature the termination the 25th of November, but dated October 21st, we as well as the beginning and progress of this scene of learnt that a confidential agent of Aaron Burr had been depravity, so far as it has been acted on the Ohio and deputed to him with communications, partly written in its waters. From this, the state of safety of the lower cypher and partly oral, explaining his designs, exaggercountry might have been estimated on probable ating his resources, and making such offers of emolugrounds; and the delay was indulged the rather, be- ment and command, to engage him and the army in cause no circumstance had yet made it necessary to his unlawful enterprise as he had flattered himself call in the aid of the legislative functions. Informa- would be successful. The General, with the honor of tion, now recently communicated, has brought us near- a soldier and fidelity of a good citizen, immediately desly to the period contemplated. The mass of what I patched a trusty officer to me, with information of have received in the course of these transactions, is what had passed, proceeding to establish such an unvoluminous; but little has been given under the sanc-derstanding with the Spanish commandant on the Sation 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 sus

bine, as permitted him to withdraw his force across the Mississippi, and to enter on measures for opposing the projected enterprise.

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JANUARY, 1807.

Burr's Conspiracy.

SENATE.

fortunate 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 esti

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 set-mated from one to three hundred,) had in the mean tlement 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.

time passed the Falls of Ohio, to rendezvous at the mouth of Cumberland, with others expected down that river.

Not apprized, till very late, that any 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.

This was the state of my information of his proceedBy the same express of December nineteenth, orders ings about the last of November, at which time, there were sent to the Governors of Orleans and Missisfore, it was first possible to take specific measures to sippi, supplementary to those which had been given on meet them. The proclamation of November 27th, two the twenty-fifth of November, to hold the militia of their days after the receipt of General Wilkinson's informa-Territories in readiness to co-operate, for their defence, tion, was now issued. Orders were despatched to with the regular troops and armed vessels then under every interesting point on the Ohio and Mississippi, command of General Wilkinson. Great alarm, indeed, from Pittsburgh to New Orleans, for the employment was excited at New Orleans by the exaggerated acof such force, either of the regulars or of the millitia, counts of Mr. Burr, disseminated through his emissaries, and of such proceedings also of the civil authorities, as of the armies and navies he was to assemble there. might enable them to seize on all the boats and stores General Wilkinson had arrived there himself on the provided for the enterprise, to arrest the persons con24th of November, and had immediately put into cerned, and to suppress, effectually, the further pro-activity the resources of the place, for the purpose of gress of the 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 un

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 differ ences; 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:

SENATE.

Burr's Conspiracy.

JANUARY, 1807.

the river Ohio into two separate governments," was read the second time and referred to Messrs. BAYARD, BRADLEY, and WORTHINGTON, to consider and report thereon.

and report thereon.

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, The bill entitled "An act allowing an additional under good expectations, and the same law deemed ne- compensation to the judges of the Mississippi Tercessary on failure of that, is still suspended, to give time ritory, and extending the right of suffrage therein," for a fair trial of the issue. With the other, negotiation was read the second time and referred to Messrs. was in like manner then preferred, and provisional mea-WORTHINGTON, TRACY, and CLAY, to consider sures 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 irreconcileable to interest as to good faith, and changing necessarily the relations of peace and justice A message from the House of Representatives between us to those of war. These surmises are, there-informed the Senate that the House have passed fore, 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

The bill, entitled "An act authorizing the erection of certain light-houses, and the fixing of stakes, buoys, and beacons, in certain places therein named," was read the second time and referred to Messrs. MITCHILL, FENNER, and STONE, to consider and report thereon.

a bill, entitled "An act to extend the power of granting writs of injunctions to the judges of the district courts of the United States; also, a bill, entitled "An act for the relief of Edmund Briggs;" in which bills they desire the concurrence of the Senate.

The two last bills brought up for concurrence were read and ordered to the second reading. On motion by Mr. GILES,

SMITH, of Maryland, be a committee to inquire Ordered, That Messrs. GILES, ADAMS, and 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.

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 pro-sage to the House of Representatives; which was The committee also reported the following mesceedings receive here their proper direction. JANUARY 22, 1807. TH. JEFFERSON.

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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.

read, and agreed to; to wit:
Gentlemen of the House of Representatives:

The Senate have passed a bill suspending for threemonths 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.

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JANUARY, 1807.

Proceedings.

ported it with amendments; which were read and ordered to lie for consideration.

SENATE.

within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight: and the President having reported the bill to the House with amendments,

Mr. MITCHILL, also, from the committee to whom was referred the bill, entitled "An act authorizing the erection of certain light-houses, and the fixing of stakes, buoys, and beacons, at certain places therein mentioned," reported it without amending as amended.

ment.

The bill entitled "An act for the relief of Edmund Briggs," was read the second time and referred to Messrs. BRADLEY, ADAMS, and MITCHILL, to consider and report thereon.

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

Representatives of the United States:

Ordered, That this bill pass to the third read

The bill establishing circuit courts, and abridging the jurisdiction of the district courts, in the districts of Kentucky, Tennessee, and Ohio, was read the third time, as amended; and

Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act establishing circuit courts, and abridging the jurisdiction of the district courts, in the districts of Kentucky, Tennessee, and Ohio:"

Mr. BAYARD, from the committee to whom was referred the bill to explain the act, entitled "An act supplementary to the act, entitled 'An act to divide the Territory of the United States northwest of the river Ohio into two separate govern

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 Swart-ments," reported it without amendments. wout 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.

Ordered, That this bill pass to a third reading.

JANUARY 26, 1807.

TH. JEFFERSON.

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.

Mr. GILES, from the committee to whom was referred the bill, entitled "An act repealing the acts laying duties on salt, and continuing in force, for a limited time, the first section of an act, entitled 'An act further to protect the commerce and seamen of the United States against the Barbary Powers," reported it with amendments.

Ordered, That they lie for consideration. The bill entitled "An act to extend the power of granting writs of injunction to the Judges of the district courts of the United States," was read the second time, and referred to Messrs. STONE, BRADLEY, and CLAY, to consider and report there

on.

The Senate resumed the third reading of the bill for the relief of Seth Harding, late a Captain in the Navy of the United States.

Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act for the relief of Seth Harding, late a Captain in the Navy of the United States."

The Senate resumed, as in Committee of the Whole, the second reading of the bill to prohibit the importation of slaves into any port or place

TUESDAY, January 27.

JOHN SMITH, from the State of Ohio, attended. to whom the subject was referred, reported a bill Mr. SMITH, of Tennessee, from the committee to prevent settlements being made on lands ceded to the United States, until authorized by law; and the bill was read and ordered to the second reading.

The PRESIDENT communicated the report of the Secretary for the Department of Treasury, prepared in obedience to the act, entitled "An act directing the Secretary of the Treasury to cause the coasts of North Carolina, between Cape Fear and Cape Hatteras, to be surveyed;" and the report was read and ordered to lie for consideration.

Mr. LOGAN presented the memorial of John Latour, stating that he became the purchaser of the Columbian Packet, heretofore a registered vessel of the United States, at public vendue, and received a bill of sale therefor, from J. W. Faussatt and Daniel Mann, the former registered owners of the said ship; that, on application to the collector of the port of Philadelphia, he was denied a register, on the ground, that she was, in part, the property of aliens; and praying that, as the present is the case of the first impression, without fraud, and without notice, the legislative wisdom and justice will authorize a new register for the Columbian Packet; and the memorial was read, and ordered to lie for consideration.

The Senate resumed, as in Committee of the Whole, the bill regulating the grants of land in the Territory of Michigan; and the President having reported it to the House amended, the bill was ordered to the third reading as amended.

The Senate resumed, as in Committee of the Whole, the second reading of the bill confirming claims to land in the district of Vincennes; and the President having reported the bill to the House without amendment,

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