SPECIAL MESSAGES.

NOVEMBER 11, 1807.

To the Senate of the United States:

Some time had elapsed after the receipt of the late treaty between the United States and Tripoli before the circumstance drew particular attention that, although by the third article the wife and children of the ex-Bashaw were to be restored to him, this did not appear either to have been done or demanded; still, it was constantly expected that explanations on the subject would be received. None, however, having arrived when Mr. Davis went as consul to Tripoli, he was instructed to demand the execution of the article. He did so, but was answered by the exhibition of a declaration, signed by our negotiator the day after the signature of the treaty, allowing four years for the restoration of the family. This declaration and the letter of Mr. Davis stating what passed on the occasion are now communicated to the Senate. On the receipt of this letter I caused the correspondence of Mr. Lear to be diligently reexamined in order to ascertain whether there might have been a communication of this paper made and overlooked or forgotten. None such, however, is found. There appears only in a journalized account of the transaction by Mr. Lear, under date of June 3, a passage intimating that he should be disposed to give time rather than suffer the business to be broken off and our countrymen left in slavery; and again, that on the return of the person who passed between himself and the Bashaw, and information that the Bashaw would require time for the delivery of the family, he consented, and went ashore to consummate the treaty. This was done the next day, and being forwarded to us as ultimately signed, and found to contain no allowance of time nor any intimation that there was any stipulation but what was in the public treaty, it was supposed that the Bashaw had, in fine, abandoned the proposition, and the instructions before mentioned were consequently given to Mr. Davis.

An extract of so much of Mr. Lear's communication as relates to this circumstance is now transmitted to the Senate, the whole of the papers having been laid before them on a former occasion. How it has happened that the declaration of June 5 has never before come to our knowledge can not with certainty be said, but whether there has been a miscarriage of it or a failure of the ordinary attention and correctness of that officer in making his communications, I have thought it due to the Senate as well as to myself to explain to them the circumstances which have withheld from their knowledge, as they did from my own, a modification which, had it been placed in the public treaty, would have been relieved from the objections which candor and good faith can not but feel in its present form.

As the restoration of the family has probably been effected, a just regard to the character of the United States will require that I make to the Bashaw a candid statement of facts, and that the sacrifices of his right to the peace and friendship of the two countries, by yielding finally to the demand of Mr. Davis, be met by proper acknowledgments and reparation on our part.

TH. JEFFERSON.

NOVEMBER 19, 1807.

To the House of Representatives of the United States:

According to the request expressed in your resolution of the 18th instant, I now transmit a copy of my proclamation interdicting our harbors and waters to British armed vessels and forbidding intercourse with them, referred to in my message of the 27th of October last.

TH. JEFFERSON.

NOVEMBER 23, 1807.

To the Senate and House of Representatives of the United States:

Agreeably to the assurance given in my message at the opening of the present session of Congress, I now lay before you a copy of the proceedings and of the evidence exhibited on the arraignment of Aaron Burr and others before the circuit court of the United States held in Virginia in the course of the present year, in as authentic form as their several parts have admitted.

TH. JEFFERSON.

NOVEMBER 23, 1807.

To the Senate of the United States:

Some circumstance, which can not now be ascertained, induced a belief that an act had passed at the last session of Congress for establishing a surveyor and inspector of revenue for the port of Stonington, in Connecticut, and commissions were signed appointing Jonathan Palmer, of Connecticut, to those offices. The error was discovered at the Treasury, and the commissions were retained; but not having been notified to me, I renewed the nomination in my message of the 9th instant to the Senate. In order to correct the error, I have canceled the temporary commissions, and now revoke the nomination which I made of the said Jonathan Palmer to the Senate.

TH. JEFFERSON.

DECEMBER 2, 1807.

To the Senate of the United States:

In compliance with the request made in the resolution of the Senate of November 30, I must inform them that when the prosecutions against Aaron Burr and his associates were instituted I delivered to the Attorney-General all the evidence on the subject, formal and informal, which I had received, to be used by those employed in the prosecutions. On the receipt of the resolution of the Senate I referred it to the Attorney-General, with a request that he would enable me to comply with it by putting into my hands such of the papers as might give information relative to the conduct of John Smith, a Senator from the State of Ohio, as an alleged associate of Aaron Burr, and having this moment received from him the affidavit of Elias Glover, with an assurance that it is the only paper in his possession which is within the term of the request of the Senate, I now transmit it for their use.

TH. JEFFERSON.

DECEMBER 7, 1807.

To the Senate and House of Representatives of the United States:

Having recently received from our late minister plenipotentiary at the Court of London a duplicate of dispatches, the original of which has been sent by the Revenge schooner, not yet arrived, I hasten to lay them before both Houses of Congress. They contain the whole of what has passed between the two Governments on the subject of the outrage committed by the British ship Leopard on the frigate Chesapeake. Congress will learn from these papers the present state of the discussion on that transaction, and that it is to be transferred to this place by the mission of a special minister.

While this information will have its proper effect on their deliberations and proceedings respecting the relations between the two countries, they will be sensible that, the negotiation being still depending, it is proper for me to request that the communications may be considered as confidential.

TH. JEFFERSON.

DECEMBER 18, 1807.

To the Senate and House of Representatives of the United States:

The communications now made, shewing the great and increasing dangers with which our vessels, our seamen, and merchandise are threatened on the high seas and elsewhere from the belligerent powers of Europe, and it being of the greatest importance to keep in safety these essential resources, I deem it my duty to recommend the subject to the consideration of Congress, who will doubtless perceive all the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United States.

Their wisdom will also see the necessity of making every preparation for whatever events may grow out of the present crisis.

TH. JEFFERSON.

DECEMBER 30, 1807.

To the Senate and House of Representatives of the United States:

I communicate to Congress the inclosed letters from Governor Hull, respecting the Indians in the vicinity of Detroit residing within our lines. They contain information of the state of things in that quarter which will properly enter into their view in estimating the means to be provided for the defense of our country generally.

TH. JEFFERSON.

JANUARY 8, 1808.

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 1807. Of the sum of $18,012.50, which remained unexpended at the close of the year 1806, $8,731.11 have been placed in the hands of the Attorney-General of the United States, to enable him to defray sundry expenses incident to the prosecution of Aaron Burr and his accomplices for treasons and misdemeanors alleged to have been committed by them, and the unexpended balance of $9,275.39 is now carried according to law to the credit of the surplus fund.

TH. JEFFERSON.

JANUARY 15, 1808.

To the Senate of the United States:

The posts of Detroit and Mackinac having been originally intended by the Governments which established and held them as mere depots for commerce with the Indians, very small cessions of land around them were obtained or asked from the native proprietors, and these posts depended for protection on the strength of their garrisons. The principles of our Government leading us to the employment of such moderate garrisons in time of peace as may merely take care of the post, and to a reliance on the neighboring militia for its support in the first moments of war, I have thought it would be important to obtain from the Indians such a cession in the neighborhood of these posts as might maintain a militia proportioned to this object; and I have particularly contemplated, with this view, the acquisition of the eastern moiety of the peninsula between lakes Michigan and Huron, comprehending the waters of the latter and of Detroit River, so soon as it could be effected with the perfect good will of the natives. Governor Hull was therefore appointed a commissioner to treat with them on this subject, but was instructed to confine his propositions for the present to so much of the tract before described as lay south of Saguina Bay and round to the Connecticut Reserve, so as to consolidate the new with the present settled country. The result has been an acquisition of so much only of what would have been acceptable as extends from the neighborhood of Saguina Bay to the Miami of the Lakes, with a prospect of soon obtaining a breadth of 2 miles for a communication from the Miami to the Connecticut Reserve. The treaty for this purpose entered into with the Ottoways, Chippeways, Wyandots, and Pottawattamies at Detroit on the 17th of November last is now transmitted to the Senate, and I ask their advice and consent as to its ratification.

I communicate herewith such papers as bear any material relation to the subject.

TH. JEFFERSON.

JANUARY 15, 1808.

To the Senate of the United States:

Although it is deemed very desirable that the United States should obtain from the native proprietors the whole left bank of the Mississippi to a certain breadth, yet to obliterate from the Indian mind an impression deeply made in it that we are constantly forming designs on their lands I have thought it best where urged by no peculiar necessity to leave to themselves and to the pressure of their own convenience only to come forward with offers of sale to the United States.

The Choctaws, being indebted to certain mercantile characters beyond what could be discharged by the ordinary proceeds of their huntings, and pressed for payment by those creditors, proposed at length to the United States to cede lands to the amount of their debts, and designated them in two different portions of their country. These designations not at all suiting us, their proposals were declined for that reason, and with an intimation that if their own convenience should ever dispose them to cede their lands on the Mississippi we should be willing to purchase. Still urged by their creditors, as well as by their own desire to be liberated from debt, they at length proposed to make a cession which should be to our convenience. James Robertson, of Tennessee, and Silas Dinsmore were thereupon appointed commissioners to treat with them on that subject, with instructions to purchase only on the Mississippi. On meeting their chiefs, however, it was found that such was the attachment of the nation to their lands on the Mississippi that their chiefs could not undertake to cede them; but they offered all their lands south of a line to be run from their and our boundary at the Omochita eastwardly to their boundary with the Creeks, on the ridge between the Tombigbee and Alabama, which would unite our possessions there from Natchez to Tombigbee. A treaty to this effect was accordingly signed at Pooshapekanuk on the 16th of November, 1805; but this being against express instructions, and not according with the object then in view, I was disinclined to its ratification, and therefore did not at the last session of Congress lay it before the Senate for their advice, but have suffered it to lie unacted on.

Progressive difficulties, however, in our foreign relations have brought into view considerations other than those which then prevailed. It is now, perhaps, become as interesting to obtain footing for a strong settlement of militia along our southern frontier eastward of the Mississippi as on the west of that river, and more so than higher up the river itself. The consolidation of the Mississippi Territory and the establishing a barrier of separation between the Indians and our Southern neighbors are also important objects. The cession is supposed to contain about 5,000,000 acres, of which the greater part is said to be fit for cultivation, and no inconsiderable proportion of the first quality, on the various waters it includes; and the Choctaws and their creditors are still anxious for the sale.

I therefore now transmit the treaty for the consideration of the Senate, and I ask their advice and consent as to its ratification. I communicate at the same time such papers as bear any material relation to the subject, together with a map on which is sketched the northern limit of the cession, rather to give a general idea than with any pretension to exactness, which our present knowledge of the country would not warrant.

TH. JEFFERSON.

JANUARY 20, 1808.

To the House of Representatives of the United States:

Some days previous to your resolutions of the 13th instant a court of inquiry had been instituted at the request of General Wilkinson, charged to make the inquiry into his conduct which the first resolution desires, and had commenced their proceedings. To the judge-advocate of that court the papers and information on that subject transmitted to me by the House of Representatives have been delivered, to be used according to the rules and powers of that court.

The request of a communication of any information which may have been received at any time since the establishment of the present Government touching combinations with foreign agents for dismembering the Union or the corrupt receipt of money by any officer of the United States from the agents of foreign governments can be complied with but in a partial degree.

It is well understood that in the first or second year of the Presidency of General Washington information was given to him relating to certain combinations with the agents of a foreign government for the dismemberment of the Union, which combinations had taken place before the establishment of the present Federal Government. This information, however, is believed never to have been deposited in any public office, or left in that of the President's secretary, these having been duly examined, but to have been considered as personally confidential, and therefore retained among his private papers. A communication from the governor of Virginia to President Washington is found in the office of the President's secretary, which, although not strictly within the terms of the request of the House of Representatives, is communicated, inasmuch as it may throw some light on the subjects of the correspondence of that time between certain foreign agents and citizens of the United States.

In the first or second year of the Administration of President Adams Andrew Ellicott, then employed in designating, in conjunction with the Spanish authorities, the boundaries between the territories of the United States and Spain, under the treaty with that nation, communicated to the Executive of the United States papers and information respecting the subjects of the present inquiry, which were deposited in the Office of State. Copies of these are now transmitted to the House of Representatives, except of a single letter and a reference from the said Andrew Ellicott, which, being expressly desired to be kept secret, is therefore not communicated, but its contents can be obtained from himself in a more legal form, and directions have been given to summon him to appear as a witness before the court of inquiry.

A paper on "The Commerce of Louisiana," bearing date the 18th of April, 1798, is found in the Office of State, supposed to have been communicated by Mr. Daniel Clark, of New Orleans, then a subject of Spain, and now of the House of Representatives of the United States, stating certain commercial transactions of General Wilkinson in New Orleans. An extract from this is now communicated, because it contains facts which may have some bearing on the questions relating to him.

The destruction of the War Office by fire in the close of 1800 involved all information it contained at that date.

The papers already described therefore constitute the whole of the information on the subjects deposited in the public offices during the preceding Administrations, as far as has yet been found; but it can not be affirmed that there may be no other, because, the papers of the office being filed for the most part alphabetically, unless aided by the suggestion of any particular name which may have given such information, nothing short of a careful examination of the papers in the offices generally could authorize such an affirmation.

About a twelvemonth after I came to the administration of the Government Mr. Clark gave some verbal information to myself, as well as to the Secretary of State, relating to the same combinations for the dismemberment of the Union. He was listened to freely, and he then delivered the letter of Governor Gayoso, addressed to himself, of which a copy is now communicated. After his return to New Orleans he forwarded to the Secretary of State other papers, with a request that after perusal they should be burnt. This, however, was not done, and he was so informed by the Secretary of State, and that they would be held subject to his orders. These papers have not yet been found in the office. A letter, therefore, has been addressed to the former chief clerk, who may perhaps give information respecting them. As far as our memories enable us to say, they related only to the combinations before spoken of, and not at all to the corrupt receipt of money by any officer of the United States; consequently they respected what was considered as a dead matter, known to the preceding Administrations, and offering nothing new to call for investigations, which those nearest the dates of the transactions had not thought proper to institute.

In the course of the communications made to me on the subject of the conspiracy of Aaron Burr I sometimes received letters, some of them anonymous, some under names true or false, expressing suspicions and insinuations against General Wilkinson; but one only of them, and that anonymous, specified any particular fact, and that fact was one of those which had been already communicated to a former Administration.

No other information within the purview of the request of the House is known to have been received by any department of the Government from the establishment of the present Federal Government. That which has been recently communicated to the House of Representatives, and by them to me, is the first direct testimony ever made known to me charging General Wilkinson with the corrupt receipt of money, and the House of Representatives may be assured that the duties which this information devolves on me shall be exercised with rigorous impartiality. Should any want of power in the court to compel the rendering of testimony obstruct that full and impartial inquiry which alone can establish guilt or innocence and satisfy justice, the legislative authority only will be competent to the remedy.

TH. JEFFERSON.

JANUARY 30, 1808.

To the Senate and House of Representatives of the United States:

The Choctaws, being indebted to their merchants beyond what could be discharged by the ordinary proceeds of their buntings, and pressed for payment, proposed to the United States to cede lands to the amount of their debts, and designated them in two different portions of their country. These designations, not at all suiting us, were declined. Still urged by their creditors, as well as by their own desire to be liberated from debt, they at length proposed to make a cession which should be to our convenience. By a treaty signed at Pooshapuckanuck on the 16th of November, 1805, they accordingly ceded all their lands south of a line to be run from their and our boundary at the Omochita eastwardly to their boundary with the Creeks, on the ridge between the Tombigbee and Alabama, as is more particularly described in the treaty, containing about 5,000,000 acres, as is supposed, and uniting our possessions there from Adams to Washington County.

The location contemplated in the instructions to the commissioners was on the Mississippi. That in the treaty being entirely different, I was at that time disinclined to its ratification, and I have suffered it to lie unacted on. But progressive difficulties in our foreign relations have brought into view considerations other than those which then prevailed. It is now, perhaps, as interesting to obtain footing for a strong settlement of militia along our southern frontier eastward of the Mississippi as on the west of that river, and more so than higher up the river itself. The consolidation of the Mississippi Territory and the establishment of a barrier of separation between the Indians and our Southern neighbors are also important objects; and the Choctaws and their creditors being still anxious that the sale should be made, I submitted the treaty to the Senate, who have advised and consented to its ratification. I therefore now lay it before both Houses of Congress for the exercise of their constitutional powers as to the means of fulfilling it.

TH. JEFFERSON.

JANUARY 30, 1808.

To the House of Representatives of the United States:

By a treaty concluded at Detroit on the 17th of November last with the Ottoways, Chippeways, Wyandots, and Pattawatimas so much of this country has been obtained as extends from about Saguina Bay southwardly to the Miami of the Lakes, supposed to contain upward of 5,000,000 acres, with a prospect of obtaining for the present a breadth of 2 miles for a communication from the Miami to the Connecticut Reserve.

The Senate having advised and consented to the ratification of this treaty, I now lay it before both Houses of Congress for the exercise of their constitutional powers as to the means of fulfilling it.

TH. JEFFERSON.

FEBRUARY 2, 1808.

To the Senate and House of Representatives of the United States:

Having received an official communication of certain orders of the British Government against the maritime rights of neutrals, bearing date the 11th of November, 1807, I transmit them to Congress, as a further proof of the increasing dangers to our navigation and commerce, which led to the provident measure of the act of the present session laying an embargo on our own vessels,

TH. JEFFERSON.

FEBRUARY 4, 1808.

To the House of Representatives of the United States:

In my message of January 20 I stated that some papers forwarded by Mr. Daniel Clark, of New Orleans, to the Secretary of State in 1803 had not then been found in the Office of State, and that a letter had been addressed to the former chief clerk, in the hope that he might advise where they should be sought for. By indications received from him they are now found. Among them are two letters from the Baron de Carondelet to an officer serving under him at a separate post, in which his views of a dismemberment of our Union are expressed. Extracts of so much of these letters as are within the scope of the resolution of the House are now communicated. With these were found the letters written by Mr. Clark to the Secretary of State in 1803. A part of one only of these relates to this subject, and is extracted and inclosed for the information of the House. In no part of the papers communicated by Mr. Clark, which are voluminous and in different languages, nor in his letters, have we found any intimation of the corrupt receipt of money by any officer of the United States from any foreign agent. As to the combinations with foreign agents for dismembering the Union, these papers and letters offer nothing which was not probably known to my predecessors, or which could call anew for inquiries, which they had not thought necessary to institute, when the facts were recent and could be better proved. They probably believed it best to let pass into oblivion transactions which, however culpable, had commenced before this Government existed, and had been finally extinguished by the treaty of 1795.

TH. JEFFERSON.

FEBRUARY 9, 1808.

To the Senate and House of Representatives of the United States:

I communicate to Congress, for their information, a letter from the person acting in the absence of our consul at Naples, giving reason to believe, on the affidavit of a Captain Sheffield, of the American schooner Mary Ann, that the Dey of Algiers has commenced war against the United States. For this no just cause has been given on our part within my knowledge. We may daily expect more authentic and particular information on the subject from Mr. Lear, who was residing as our consul at Algiers.

TH. JEFFERSON.

FEBRUARY 15, 1808.

To the Senate and House of Representatives of the United States:

I communicate for the information of Congress a letter from the consul of the United States at Malaga to the Secretary of State, covering one from Mr. Lear, our consul at Algiers, which gives information that the rupture threatened on the part of the Dey of Algiers has been amicably settled, and the vessels seized by him are liberated.

TH. JEFFERSON.

FEBRUARY 19, 1808.

To the Senate and House of Representatives of the United States:

The States of Pennsylvania, Maryland, and Virginia having by their several acts consented that the road from Cumberland to the State of Ohio, authorized by the act of Congress of the 29th of March, 1806, should pass through those States, and the report of the commissioners, communicated to Congress with my message of the 31st January, 1807, having been duly considered, I have approved of the route therein proposed for the said road as far as Brownsville, with a single deviation, since located, which carries it through Uniontown.

From thence the course to the Ohio and the point within the legal limits at which it shall strike that river is still to be decided. In forming this decision I shall pay material regard to the interests and wishes of the populous parts of the State of Ohio and to a future and convenient connection with the road which is to lead from the Indian boundary near Cincinnati by Vincennes to the Mississippi at St. Louis, under authority of the act of the 21st April, 1806. In this way we may accomplish a continued and advantageous line of communication from the seat of the General Government to St. Louis, passing through several very interesting points of the Western country.

I have thought it advisable also to secure from obliteration the trace of the road so far as it has been approved, which has been executed at such considerable expense, by opening one-half of its breadth through its whole length.

The report of the commissioners, herewith transmitted, will give particular information of their proceedings under the act of the 29th March, 1806, since the date of my message of the 31st January, 1807, and will enable Congress to adopt such further measures relative thereto as they may deem proper under existing circumstances.

TH. JEFFERSON.

FEBRUARY 25, 1808.

To the Senate and House of Representatives of the United States:

The dangers to our country arising from the contests of other nations and the urgency of making preparation for whatever events might affect our relations with them have been intimated in preceding messages to Congress. To secure ourselves by due precautions an augmentation of our military force, as well regular as of volunteer militia, seems to be expedient. The precise extent of that augmentation can not as yet be satisfactorily suggested, but that no time may be lost, and especially at a season deemed favorable to the object, I submit to the wisdom of the Legislature whether they will authorize a commencement of this precautionary work by a present provision for raising and organizing some additional force, reserving to themselves to decide its ultimate extent on such views of our situation as I may be enabled to present at a future day of the session.

If an increase of force be now approved, I submit to their consideration the outlines of a plan proposed in the inclosed letter from the Secretary of War.

I recommend also to the attention of Congress the term at which the act of April 18, 1806, concerning the militia, will expire, and the effect of that expiration.

TH. JEFFERSON.

FEBRUARY 26, 1808.

To the Senate and House of Representatives of the United States:

I inclose, for the information of Congress, letters recently received from our ministers at Paris and London, communicating their representations against the late decrees and orders of France and Great Britain, heretofore transmitted to Congress. These documents will contribute to the information of Congress as to the dispositions of those powers and the probable course of their proceedings toward neutrals, and will doubtless have their due influence in adopting the measures of the Legislature to the actual crisis.

Although nothing forbids the general matter of these letters from being spoken of without reserve, yet as the publication of papers of this description would restrain injuriously the freedom of our foreign correspondence, they are communicated so far confidentially and with a request that after being read to the satisfaction of both Houses they may be returned.

TH. JEFFERSON.

MARCH 1, 1808.

To the Senate of the United States:

In compliance with the resolution of the Senate of February 26, I now lay before them such memorials and petitions for the district of Detroit, and such other information as is in my possession, in relation to the conduct of William Hull, governor of the Territory of Michigan, and Stanley Griswold, esq., while acting as secretary of that Territory.

TH. JEFFERSON.

MARCH 2, 1808.

To the Senate of the United States:

In compliance with the resolution of the Senate of November 30, 1807, I now transmit a report of the Secretary of State on the subject of impressments, as requested in that resolution. The great volume of the documents and the time necessary for the investigation will explain to the Senate the causes of the delay which has intervened.

TH. JEFFERSON.

MARCH 7, 1808.

To the Senate and House of Representatives of the United States:

In the city of New Orleans and adjacent to it are sundry parcels of ground, some of them with buildings and other improvements on them, which it is my duty to present to the attention of the Legislature. The title to these grounds appears to have been retained in the former sovereigns of the Province of Louisiana as public fiduciaries and for the purposes of the Province. Some of them were used for the residence of the governor, for public offices, hospitals, barracks, magazines, fortifications, levees, etc., others for the townhouse, schools, markets, landings, and other purposes of the city of New Orleans; some were held by religious corporations or persons, others seem to have been reserved for future disposition. To these must be added a parcel called the Batture, which requires more particular description. It is understood to have been a shoal or elevation of the bottom of the river adjacent to the bank of the suburbs of St. Mary, produced by the successive depositions of mud during the annual inundations of the river, and covered with water only during those inundations. At all other seasons it has been used by the city immemorially to furnish earth for raising their streets and courtyards, for mortar, and other necessary purposes, and as a landing or quay for unlading firewood, lumber, and other articles brought by water. This having been lately claimed, by a private individual, the city opposed the claim on a supposed legal title in itself; but it has been adjudged that the legal title was not in the city. It is, however, alleged that that title, originally in the former sovereigns, was never parted with by them, but was retained in them for the uses of the city and Province, and consequently has now passed over to the United States. Until this question can be decided under legislative authority, measures have been taken according to law to prevent any change in the state of things and to keep the grounds clear of intruders. The settlement of this title, the appropriation of the grounds and improvements formerly occupied for provincial purposes to the same or such other objects as may be better suited to present circumstances, the confirmation of the uses in other parcels to such bodies, corporate or private, as may of right or on other reasonable considerations expect them, are matters now submitted to the determination of the legislature.

The papers and plans now transmitted will give them such information on the subject as I possess, and being mostly originals, I must request that they may be communicated from the one to the other House, to answer the purposes of both.

TH. JEFFERSON.

MARCH 10, 1808.

To the Senate of the United States:

A purchase having lately been made from the Cherokee Indians of a tract of land 6 miles square at the mouth of the Chickamogga, on the Tennessee, I now lay the treaty and papers relating to it before the Senate, with an explanation of the views which have led to it.

It was represented that there was within that tract a great abundance of iron ore of excellent quality, with a stream and fall of water suitable for iron works; that the Cherokees were anxious to have works established there, in the hope of having a better supply of those implements of household and agriculture of which they have learned the use and necessity, but on the condition that they should be under the authority and control of the United States.

As such an establishment would occasion a considerable and certain demand for corn and other provisions and necessaries, it seemed probable that it would immediately draw around it a close settlement of the Cherokees, would encourage them to enter on a regular life of agriculture, familiarize them with the practice and value of the arts, attach them to property, lead them of necessity and without delay to the establishment of laws and government, and thus make a great and important advance toward assimilating their condition to ours. At the same time it offers considerable accommodation to the Government by enabling it to obtain more conveniently than it now can the necessary supplies of cast and wrought iron for all the Indians south of the Tennessee, and for those also to whom St. Louis is a convenient deposit, and will benefit such of our own citizens likewise as shall be within its reach. Under these views the purchase has been made, with the consent and desire of the great body of the nation, although not without some dissenting members, as must be the case will all collections of men. But it is represented that the dissentients are few, and under the influence of one or two interested individuals. It is by no means proposed that these works should be conducted on account of the United States. It is understood that there are private individuals ready to erect them, subject to such reasonable rent as may secure a reimbursement to the United States, and to such other conditions as shall secure to the Indians their rights and tranquillity.

The instrument is now submitted to the Senate, with a request of their advice and consent as to its ratification.

TH. JEFFERSON.

MARCH 17, 1808.

To the Senate and House of Representatives of the United States:

I have heretofore communicated to Congress the decrees of the Government of France of November 21, 1806, and of Spain of February 19, 1807, with the orders of the British Government of January and November, 1807.

I now transmit a decree of the Emperor of France of December 17,1807, and a similar decree of the 3d of January last by His Catholic Majesty. Although the decree of France has not been received by official communication, yet the different channels of promulgation through which the public are possessed of it, with the formal testimony furnished by the Government of Spain in their decree, leave us without a doubt that such a one has been issued. These decrees and orders, taken together, want little of amounting to a declaration that every neutral vessel found on the high seas, whatsoever be her cargo and whatsoever foreign port be that of her departure or destination, shall be deemed lawful prize; and they prove more and more the expediency of retaining our vessels, our seamen, and property within our own harbors until the dangers to which they are exposed can be removed or lessened.

TH. JEFFERSON.

MARCH 18, 1808.

To the Senate and House of Representatives of the United States:

The scale on which the Military Academy at West Point was originally established is become too limited to furnish the number of well-instructed subjects in the different branches of artillery and engineering which the public service calls for. The want of such characters is already sensibly felt, and will be increased with the enlargement of our plans of military preparation. The chief engineer, having been instructed to consider the subject and to propose an augmentation which might render the establishment commensurate with the present circumstances of our country, has made the report which I now transmit for the consideration of Congress.

The idea suggested by him of removing the institution to this place is also worthy of attention. Besides the advantage of placing it under the immediate eye of the Government, it may render its benefits common to the Naval Department, and will furnish opportunities of selecting on better information the characters most qualified to fulfill the duties which the public service may call for.

TH. JEFFERSON.

MARCH 22, 1808.

To the Senate and House of Representatives of the United States:

At the opening of the present session I informed the Legislature that the measures which had been taken with the Government of Great Britain for the settlement of our neutral and national rights and of the conditions of commercial intercourse with that nation had resulted in articles of a treaty which could not be acceded to on our part; that instructions had been consequently sent to our ministers there to resume the negotiations, and to endeavor to obtain certain alterations, and that this was interrupted by the transaction which took place betweenthe frigates Leopard and Chesapeake. The call on that Government for reparation of this wrong produced, as Congress has been already informed, the mission of a special minister to this country, and the occasion is now arrived when the public interest permits and requires that the whole of these proceedings should be made known to you.

I therefore now communicate the instructions given to our minister resident at London and his communications with that Government on the subject of the Chesapeake, with the correspondence which has taken place here between the Secretary of State and Mr. Rose, the special minister charged with the adjustment of that difference; the instructions to our ministers for the formation of a treaty; their correspondence with the British commissioners and with their own Government on that subject; the treaty itself and written declaration of the British commissioners accompanying it, and the instructions given by us for resuming the negotiation, with the proceedings and correspondence subsequent thereto. To these I have added a letter lately addressed to the Secretary of State from one of our late ministers, which, though not strictly written in an official character, I think it my duty to communicate, in order that his views of the proposed treaty and of its several articles may be fairly presented and understood.

Although I have heretofore and from time to time made such communications to Congress as to keep them possessed of a general and just view of the proceedings and dispositions of the Government of France toward this country, yet in our present critical situation, when we find that no conduct on our part, however impartial and friendly, has been sufficient to insure from either belligerent a just respect for our rights, I am desirous that nothing shall be omitted on my part which may add to your information on this subject or contribute to the correctness of the views which should be formed. The papers which for these reasons I now lay before you embrace all the communications, official or verbal, from the French Government respecting the general relations between the two countries which have been transmitted through our minister there, or through any other accredited channel, since the last session of Congress, to which time all information of the same kind had from time to time been given them. Some of these papers have already been submitted to Congress, but it is thought better to offer them again in order that the chain of communications of which they make a part may be presented unbroken.

When, on the 26th of February, I communicated to both Houses the letter of General Armstrong to M. Champagny, I desired it might not be published because of the tendency of that practice to restrain injuriously the freedom of our foreign correspondence. But perceiving that this caution, proceeding purely from a regard to the public good, has furnished occasion for disseminating unfounded suspicions and insinuations, I am induced to believe that the good which will now result from its publication, by confirming the confidence and union of our fellow-citizens, will more than countervail the ordinary objection to such publications. It is my wish, therefore, that it may be now published.

TH. JEFFERSON.

MARCH 22, 1808.

To the Senate and House of Representatives of the United States:

In a separate message of this date I have communicated to Congress so much as may be made public of papers which give a full view of the present state of our relations with the two contending powers, France and England. Everyone must be sensible that in the details of instructions for negotiating a treaty and in the correspondence and conferences respecting it matters will occur which interest sometimes and sometimes respect or other proper motives forbid to be made public. To reconcile my duty in this particular with my desire of letting Congress know everything which can give them a full understanding of the subjects on which they are to act, I have suppressed in the documents of the other message the parts which ought not to be made public and have given them in the supplementary and confidential papers herewith inclosed, with such references as that they may be read in their original places as if still standing in them; and when these confidential papers shall have been read to the satisfaction of the House, I request their return, and that their contents may not be made public.

TH. JEFFERSON.

MARCH 25, 1808.

To the Senate and House of Representatives of the United States:

In proceeding to carry into execution the act for fortifying our forts and harbors it is found that the sites most advantageous for their defense, and sometimes the only sites competent to that defense, are in some cases the property of minors incapable of giving a valid consent to their alienation; in others belong to persons who may refuse altogether to alienate, or demand a compensation far beyond the liberal justice allowable in such cases. From these causes the defense of our seaboard, so necessary to be pressed during the present season, will in various parts be defeated unless a remedy can be applied. With a view to this I submit the case to the consideration of Congress, who, estimating its importance and reviewing the powers vested in them by the Constitution, combined with the amendment providing that private property shall not be taken for public use without just compensation, will decide on the course most proper to be pursued.

I am aware that as the consent of the legislature of the State to the purchase of the site may not in some instances have been previously obtained, exclusive legislation can not be exercised therein by Congress until that consent is given. But in the meantime it will be held under the same laws which protect the property of individuals and other property of the United States in the same State, and the legislatures at their next meetings will have opportunities of doing what will be so evidently called for by the particular interest of their own State.

TH. JEFFERSON.

MARCH 25, 1808.

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 the State of Delaware alone no return has been made.

TH. JEFFERSON.

MARCH 25, 1808.

To the Senate and House of Representatives of the United States:

I transmit to both Houses of Congress a report from the surveyor on the public buildings of the progress made on them during the last session, of their present state, and of that of the funds appropriated to them. These have been much exceeded by the cost of the work done, a fact not known to me till the close of the season. The circumstances from which it arose are stated in the report of the surveyor.

TH. JEFFERSON.

MARCH 29, 1808.

To the Senate of the United States:

When the convention of the 7th of January, 1806, was entered into with the Cherokees for the purchase of certain lands, it was believed by both parties that the eastern limit, when run in the direction therein prescribed, would have included all the waters of Elk River. On proceeding to run that line, however, it was found to omit a considerable extent of those waters, on which were already settled about 200 families. The Cherokees readily consented, for a moderate compensation, that the line should be so run as to include all the waters of that river. Our commissioners accordingly entered into an explanatory convention for that purpose, which I now lay before the Senate for consideration whether they will advise and consent to its ratification. A letter from one of the commissioners, now also inclosed, will more fully explain the circumstances which led to it.

Lieutenant Pike on his journey up the Mississippi in 1805-6, being at the village of the Sioux, between the rivers St. Croix and St. Peters, conceived that the position was favorable for a military and commercial post for the United States whenever it should be thought expedient to advance in that quarter. He therefore proposed to the chiefs a cession of lands for that purpose. Their desire of entering into connection with the United States and of getting a trading house established there induced a ready consent to the proposition, and they made, by articles of agreement now inclosed, a voluntary donation to the United States of two portions of land, the one of 9 miles square at the mouth of the St. Croix, the other from below the mouth of St. Peters up the Mississippi to St. Anthonys Falls, extending 9 miles in width on each side of the Mississippi. These portions of land are designated on the map now inclosed. Lieutenant Pike on his part made presents to the Indians to some amount. This convention, though dated the 23d of September, 1805, is but lately received, and although we have no immediate view of establishing a trading post at that place, I submit it to the Senate for the sanction of their advice and consent to its ratification, in order to give to our title a full validity on the part of the United States, whenever it may be wanting, for the special purpose which constituted in the mind of the donors the sole consideration and inducement to the cession.

TH. JEFFERSON.

MARCH 30, 1808,

To the Senate and House of Representatives of the United States:

Since my message of the 22d instant letters have been received from our ministers at Paris and London, extracts from which, with a letter to General Armstrong from the French minister of foreign relations, and a letter from the British envoy residing here to the Secretary of State, I now communicate to Congress. They add to the materials for estimating the dispositions of those Governments toward this country.

The proceedings of both indicate designs of drawing us, if possible, into the vortex of their contests; but every new information confirms the prudence of guarding against these designs as it does of adhering to the precautionary system hitherto contemplated.

TH. JEFFERSON.

APRIL 2, 1808.

To the Senate and House of Representatives of the United States:

Believing that the confidence and union of our fellow-citizens at the present crisis will be still further confirmed by the publication of the letter of Mr. Champagny to General Armstrong and that of Mr. Erskine to the Secretary of State, communicated with my message of the 30th ultimo, and therefore that it may be useful to except them from the confidential character of the other documents accompanying that message, I leave to the consideration of Congress the expediency of making them public.

TH. JEFFERSON.

APRIL 8, 1808.

To the Senate of the United States:

Agreeably to the request of the Senate in their resolution of yesterday, I have examined my papers and find no letter from Matthew Nimmo of the date of November 28, 1806, nor any other from him of any date but that of January 23, 1807, now transmitted, with all the papers in my possession which accompanied it. Nor do I find any letter from John Smith, of Ohio, bearing date at any time in the month of January, 1807.

Having delivered to the Attorney-General all the papers respecting the conspiracy of Aaron Burr which came to my hands during or before his prosecution, I might suppose the letters above requested had been delivered to him; but I must add my belief that I never received such letters, and the ground of it. I am in the habit of noting daily in the list kept for that purpose the letters I receive daily by the names of the writers, and dates of time, and place, and this has been done with such exactness that I do not recollect ever to have detected a single omission. I have carefully examined that list from the 1st of November, 1806, to the last of June, 1807, and I find no note within that period of the receipt of any letter from Matthew Nimmo but that now transmitted, nor of any one of the date of January, 1807, from John Smith, of Ohio. The letters noted as received from him within that period are dated at Washington, February 2, 2, 7, and 21, which I have examined, and find relating to subjects entirely foreign to the objects of the resolution of the 7th instant; and others, dated at Cincinnati, March 27, April 6, 13, and 17, which, not being now in my possession, I presume have related to Burr's conspiracy, and have been delivered to the Attorney-General. I recollect nothing of their particular contents. I must repeat, therefore, my firm belief that the letters of Nimmo of November 28, 1806, and of John Smith of January, 1807, never came to my hands, and that if such were written (and Nimmo's letter expressly mentions his of November 28), they have been intercepted or otherwise miscarried.

TH. JEFFERSON.

APRIL 22, 1808.

To the Senate and House of Representatives of the United States:

I transmit to both Houses of Congress a letter from the envoy of His Britannic Majesty at this place to the Secretary of State on the subject of certain British claims to lands in the Territory of Mississippi, relative to which several acts have been heretofore passed by the Legislature.

TH. JEFFERSON.