SPECIAL MESSAGES.
DECEMBER 3, 1806.
To the Senate and House of Representatives of the United States:
I have the satisfaction to inform you that the negotiation depending between the United States and the Government of Great Britain is proceeding in a spirit of friendship and accommodation which promises a result of mutual advantage. Delays, indeed, have taken place, occasioned by the long illness and subsequent death of the British minister charged with that duty. But the commissioners appointed by that Government to resume the negotiation have shewn every disposition to hasten its progress. It is, however, a work of time, as many arrangements are necessary to place our future harmony on stable grounds. In the meantime we find by the communications of our plenipotentiaries that a temporary suspension of the act of the last session prohibiting certain importations would, as a mark of candid disposition on our part and of confidence in the temper and views with which they have been met, have a happy effect on its course. A step so friendly will afford further evidence that all our proceedings have flowed from views of justice and conciliation, and that we give them willingly that form which may best meet corresponding dispositions.
Add to this that the same motives which produced the postponement of the act till the 15th of November last are in favor of its further suspension, and as we have reason to hope that it may soon yield to arrangements of mutual consent and convenience, justice seems to require that the same measure may be dealt out to the few cases which may fall within its short course as to all others preceding and following it. I can not, therefore, but recommend the suspension of this act for a reasonable time, on considerations of justice, amity, and the public interests.
TH. JEFFERSON.
DECEMBER 15, 1806,
To the House of Representatives of the United States:
I lay before Congress a report of the surveyor of the public buildings, stating the progress made on them during the last season and what is proposed for the ensuing one.
I took every measure within my power for carrying into effect the request of the House of Representatives of the 17th of April last to cause the south wing of the Capitol to be prepared for their accommodation by the commencement of the present session. With great regret I found it was not to be accomplished. The quantity of freestone necessary, with the size and quality of many of the blocks, was represented as beyond what could be obtained from the quarries by any exertions which could be commanded. The other parts of the work, which might all have been completed in time, were necessarily retarded by the insufficient progress of the stonework.
TH. JEFFERSON.
JANUARY 5, 1807.
To the Senate and House of Representatives of the United States:
I transmit to each House of Congress a copy of the laws of the Territory of Michigan passed by the governor and judges of the Territory during the year 1805.
TH. JEFFERSON.
JANUARY 22, 1807.
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 concurrent information or 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 dispatching 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 defense of the interesting points on that river. By a letter received from that officer on the 25th of November, but dated October 21, 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 dispatched 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 pretense 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 27, two days after the receipt of General Wilkinson's information, was now issued. Orders were dispatched 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 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 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 23 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 100 to 300) had in the meantime passed the Falls of Ohio to rendezvous at the mouth of Cumberland with others expected down that river.
Not apprised 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 dispatched by express to the governor and a general officer of the western division ofthe 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 22d of December Mr. Burr descended the Cumberland with two boats merely of accommodation, carrying with him from that State no quota toward 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, can not threaten serious danger to the city of New Orleans.
By the same express of December 19 orders were sent to the governors of Orleans and Mississippi, supplementary to those which had been given onthe 25th of November, to hold the militia of their Territories in readiness to cooperate for their defense 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 defense, and on the 10th of December he was joined by his troops from the Sabine. Great zeal was shewn 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 arc 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 agitations 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 process, 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 its proper direction.
TH. JEFFERSON.
JANUARY 26, 1807.
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 27, 1807.
To the Senate and House of Representatives of the United States:
I now render to Congress the account of the fund established for defraying the contingent expenses of Government for the year 1806. No occasion having arisen for making use of any part of the balance of $18,012.50, unexpended on the 31st day of December, 1805, that balance remains in the Treasury.
TH. JEFFERSON.
JANUARY 28, 1807.
To the Senate and House of Representatives of the United States:
By the letters 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 guards 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 toward the accomplishment of the purposes of Mr. Burr.
TH. JEFFERSON.
JANUARY 31, 1807.
To the Senate and House of Representatives of the United States:
In execution of the act of the last session of Congress entitled "An act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio," I appointed Thomas Moore, of Maryland; Joseph Kerr, of Ohio, and Eli Williams, of Maryland, commissioners to lay out the said road, and to perform the other duties assigned to them by the act. The progress which they made in the execution of the work during the last season will appear in their report now communicated to Congress. On the receipt of it I took measures to obtain consent for making the road of the States of Pennsylvania, Maryland, and Virginia, through which the commissioners proposed to lay it out. I have received acts of the legislatures of Maryland and Virginia giving the consent desired; that of Pennsylvania has the subject still under consideration, as is supposed. Until I receive full consent to a free choice of route through the whole distance I have thought it safest neither to accept nor reject finally the partial report of the commissioners. Some matters suggested in the report belong exclusively to the Legislature.
TH. JEFFERSON.
FEBRUARY 6, 1807.
To the Senate and House of Representatives of the United States:
I lay before Congress the laws for the government of Louisiana, passed by the governor and judges of the Indiana Territory at their session at Vincennes begun on the 1st of October, 1804.
TH. JEFFERSON.
FEBRUARY 6, 1807.
To the Senate and House of Representatives of the United States:
The Government of France having examined into the claim of M. de Beaumarchais against the United States, and considering it as just and legal, has instructed its minister here to make representations on the subject to the Government of the United States. I now lay his memoir thereon before the Legislature, the only authority competent to a final decision on the same.
TH. JEFFERSON.
FEBRUARY 10, 1807.
To the Senate and House of Representatives of the United States:
I communicate, for the information of Congress, a letter from Cowles Mead, secretary of the Mississippi Territory, to the Secretary of War, by which it will be seen that Mr. Burr had reached that neighborhood on the 13th of January.
TH. JEFFERSON.
FEBRUARY 10, 1807.
To the Senate and House of Representatives of the United States:
In compliance with the request of the House of Representatives expressed in their resolution of the 5th instant, I proceed to give such information as is possessed of the effect of gunboats in the protection and defense of harbors, of the numbers thought necessary, and of the proposed distribution of them among the ports and harbors of the United States.
Under present circumstances, and governed by the intentions of the Legislature as manifested by their annual appropriations of money for the purposes of defense, it has been concluded to combine, first, land batteries furnished with heavy cannon and mortars, and established on all the points around the place favorable for preventing vessels from lying before it; second, movable artillery, which may be carried, as occasion may require, to points unprovided with fixed batteries; third, floating batteries, and fourth, gunboats which may oppose an enemy at his entrance and cooperate with the batteries for his expulsion.
On this subject professional men were consulted as far as we had opportunity. General Wilkinson and the late General Gates gave their opinions in writing in favor of the system, as will be seen by their letters now communicated. The higher officers of the Navy gave the same opinions in separate conferences, as their presence at the seat of Government offered occasions of consulting them, and no difference of judgment appeared on the subject. Those of Commodore Barren and Captain Tingey, now here, are recently furnished in writing, and transmitted herewith to the Legislature.
The efficacy of gunboats for the defense of harbors and of other smooth and inclosed waters may be estimated in part from that of galleys formerly much used but less powerful, more costly in their construction and maintenance, and requiring more men. But the gunboat itself is believed to be in use with every modern maritime nation for the purposes of defense. In the Mediterranean, on which are several small powers whose system, like ours, is peace and defense, few harbors are without this article of protection. Our own experience there of the effect of gunboats for harbor service is recent. Algiers is particularly known to have owed to a great provision of these vessels the safety of its city since the epoch of their construction, Before that it had been repeatedly insulted and injured. The effect of gunboats at present in the neighborhood of Gibraltar is well known, and how much they were used both in the attack and defense of that place during a former war. The extensive resort to them by the two greatest naval powers in the world on an enterprise of invasion not long since in prospect shews their confidence in their efficacy for the purposes for which they are suited. By the northern powers of Europe, whose seas are particularly adapted to them, they are still more used. The remarkable action between the Russian flotilla of gunboats and galleys and a Turkish fleet of ships of the line and frigates in the Liman Sea in 1788 will be readily recollected. The latter, commanded by their most celebrated admiral, were completely defeated, and several of their ships of the line destroyed.
From the opinions given as to the number of gunboats necessary for some of the principal seaports, and from a view of all the towns and ports from Orleans to Maine, inclusive, entitled to protection in proportion to their situation and circumstances, it is concluded that to give them a due measure of protection in times of war about 200 gunboats will be requisite.
According to first ideas the following would be their general distribution, liable to be varied on more mature examination and as circumstances shall vary; that is to say:
To the Mississippi and its neighboring waters, 40 gunboats.
To Savannah and Charleston, and the harbors on each side from St. Marys to Currituck, 25.
To the Chesapeake and its waters, 20.
To Delaware Bay and River, 15.
To New York, the Sound, and waters as far as Cape Cod, 50.
To Boston and the harbors north of Cape Cod, 50.
The flotillas assigned to these several stations might each be under the care of a particular commandant, and the vessels composing them would in ordinary be distributed among the harbors within the station in proportion to their importance.
Of these boats a proper proportion would be of the larger size, such as those heretofore built, capable of navigating any seas and of reenforcing occasionally the strength of even the most distant ports when menaced with danger. The residue would be confined to their own or the neighboring harbors, would be smaller, less furnished for accommodation, and consequently less costly. Of the number supposed necessary, 73 are built or building, and the 127 still to be provided would cost from $500,000 to $600,000. Having regard to the convenience of the Treasury as well as to the resources for building, it has been thought that the one-half of these might be built in the present year and the other half the next. With the Legislature, however, it will rest to stop where we are, or at any further point, when they shall be of opinion that the number provided shall be sufficient for the object.
At times when Europe as well as the United States shall be at peace it would not be proposed that more than six or eight of these vessels should be kept afloat. When Europe is in war, treble that number might be necessary, to be distributed among those particular harbors which foreign vessels of war are in the habit of frequenting for the purpose of preserving order therein. But they would be manned in ordinary, with only their complement for navigation, relying on the seamen and militia of the port if called into action on any sudden emergency. It would be only when the United States should themselves be at war that the whole number would be brought into active service, and would be ready in the first moments of the war to cooperate with the other means for covering at once the line of our seaports. At all times those unemployed would be withdrawn into places not exposed to sudden enterprise, hauled up under sheds from the sun and weather, and kept in preservation with little expense for repairs or maintenance.
It must be superfluous to observe that this species of naval armament is proposed merely for defensive operation; that it can have but little effect toward protecting our commerce in the open seas, even on our own coast; and still less can it become an excitement to engage in offensive maritime war, toward which it would furnish no means.
TH. JEFFERSON.
FEBRUARY 11, 1807.
To the Senate and House of Representatives of the United States:
I now lay before Congress a statement of the militia of the United States according to the latest returns received by the Department of War. From two of the States no returns have ever been received.
TH. JEFFERSON.
FEBRUARY 19, 1807.
To the Senate and House of Representatives of the United States:
I transmit to Congress a letter from our ministers plenipotentiary at London, informing us that they have agreed with the British commissioners to conclude a treaty on all the points which had formed the object of their negotiation, and on terms which they trusted we would approve.
Also a letter from our minister plenipotentiary at Paris covering one to him from the minister of marine of that Government assuring him that the imperial decree lately passed was not to affect our commerce, which would still be governed by the rules of the treaty established between the two countries.
Also a letter from Cowles Mead, secretary of the Mississippi Territory, acting as governor, informing us that Aaron Burr had surrendered himself to the civil authority of that Territory.
TH. JEFFERSON.