DECEMBER 2, 1806.

The Message and documents therein referred to were read, and ordered to

lie for consideration, and three hundred copies thereof printed for the

use of the Senate.

WEDNESDAY, December 3.

DANIEL SMITH, from the State of Tennessee, attended.

THURSDAY, December 4.

JAMES HILLHOUSE, from the State of Connecticut, attended.

FRIDAY, December 5.

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

TUESDAY, December 9.

ANDREW MOORE, from the State of Virginia, attended.

THURSDAY, December 11.

JOHN MILLEDGE, appointed a Senator by the Legislature of the State of

Georgia, in the place of James Jackson, deceased, took his seat, and his

credentials were read, and the President administered the oath to him as

the law prescribes.

FRIDAY, December 19.

The credentials of STEPHEN R. BRADLEY, appointed a Senator by the

Legislature of the State of Vermont, for the term of six years, from and

after the third day of March next, were presented and read; also, the

credentials of JOHN MILLEDGE, appointed a Senator by the Legislature of

the State of Georgia, for the term of six years, from and after the third

day of March next.

_Ordered_, That they lie on file.

MONDAY, December 29.

The PRESIDENT communicated a letter from ROBERT WRIGHT, stating that he

had resigned his seat in the Senate.

PHILIP REED, appointed a Senator by the Legislature of the State of

Maryland, in place of Robert Wright, resigned, produced his credentials,

and took his seat in the Senate.

HENRY CLAY, appointed a Senator by the Legislature of the State of

Kentucky, in place of John Adair, resigned, produced his credentials, and

took his seat in the Senate.[42]

The credentials of Mr. CLAY and Mr. REED were severally read, and the

oath was administered to them as the law prescribes.

Mr. REED also produced the credentials of his appointment to be a Senator

of the United States, from the State of Maryland, from the third day of

March next, until the fourth day of March, 1813, and they were read, and

ordered to lie on file.

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

MONDAY, January 12, 1807.

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

TUESDAY, January 20.

The credentials of ANDREW GREGG, appointed a Senator of the United States

by the Legislature of the Commonwealth of Pennsylvania, for six years,

commencing on the 4th March next, were presented and read, and ordered to

lie on file.

THURSDAY, January 22.

_Burr’s Conspiracy._

The following Message was received from the PRESIDENT OF THE UNITED

STATES:--

_To the Senate and House of Representatives of the United

States_:

Agreeably to the request of the House of Representatives,

communicated in their resolution of the 16th instant, I proceed

to state under the reserve therein expressed, information

received touching an illegal combination of private individuals

against the peace and safety of the Union, and a military

expedition planned by them against the territories of a power

in amity with the United States, with the measures I have

pursued for suppressing the same.

I had for some time been in the constant expectation of

receiving such further information as would have enabled me

to lay before the Legislature the termination as well as the

beginning and progress of this scene of depravity, so far as

it has been acted on the Ohio and its waters. From this, the

state of safety of the lower country might have been estimated

on probable grounds; and the delay was indulged the rather,

because no circumstance had yet made it necessary to call

in the aid of the legislative functions. Information, now

recently communicated, has brought us nearly to the period

contemplated. The mass of what I have received in the course of

these transactions, is voluminous; but little has been given

under the sanction of an oath, so as to constitute formal

and legal evidence. It is chiefly in the form of letters,

often containing such a mixture of rumors, conjectures, and

suspicions, as renders it difficult to sift out the real

facts, and unadvisable to hazard more than general outlines,

strengthened by current information, on the particular

credibility of the relator. In this state of the evidence,

delivered sometimes, too, under the restriction of private

confidence, neither safety nor justice will permit the exposing

names, except that of the principal actor, whose guilt is

placed beyond question.

Some time in the latter part of September, I received

intimations that designs were in agitation in the western

country unlawful and unfriendly to the peace of the Union;

and that the prime mover in these was AARON BURR, heretofore

distinguished by the favor of his country. The grounds of these

intimations being inconclusive, the objects uncertain, and the

fidelity of that country known to be firm, the only measure

taken was to urge the informants to use their best endeavors

to get further insight into the designs and proceedings of the

suspected persons, and to communicate them to me.

It was not till the latter part of October, that the objects

of the conspiracy began to be perceived; but still so blended

and involved in mystery, that nothing distinct could be

singled out for pursuit. In this state of uncertainty as to

the crime contemplated, the acts done, and the legal course

to be pursued, I thought it best to send to the scene, where

these things were principally in transaction, a person in

whose integrity, understanding, and discretion, entire

confidence could be reposed, with instructions to investigate

the plots going on, to enter into conference (for which he

had sufficient credentials) with the Governors and all other

officers, civil and military, and, with their aid, to do on

the spot whatever should be necessary to discover the designs

of the conspirators, arrest their means, bring their persons

to punishment, and to call out the force of the country to

suppress any unlawful enterprise in which it should be found

they were engaged. By this time it was known that many boats

were under preparation, stores of provisions collecting, and

an unusual number of suspicious characters in motion on the

Ohio and its waters. Besides despatching the confidential

agent to that quarter, orders were at the same time sent to

the Governors of the Orleans and Mississippi Territories, and

to the commanders of the land and naval forces there, to be

on their guard against surprise, and in constant readiness to

resist any enterprise which might be attempted on the vessels,

posts, or other objects under their care; and on the 8th of

November instructions were forwarded to General Wilkinson, to

hasten an accommodation with the Spanish commandant on the

Sabine, and as soon as that was effected, to fall back with

his principal force to the hither bank of the Mississippi,

for the defence of the interesting points on that river. By

a letter received from that officer on the 25th of November,

but dated October 21st, we learnt that a confidential agent of

Aaron Burr had been deputed to him with communications, partly

written in cipher and partly oral, explaining his designs,

exaggerating his resources, and making such offers of emolument

and command, to engage him and the army in his unlawful

enterprise, as he had flattered himself would be successful.

The General, with the honor of a soldier and fidelity of a good

citizen, immediately despatched a trusty officer to me, with

information of what had passed, proceeding to establish such

an understanding with the Spanish commandant on the Sabine, as

permitted him to withdraw his force across the Mississippi, and

to enter on measures for opposing the projected enterprise.

The General’s letter, which came to hand on the 25th of

November, as has been mentioned, and some other information

received a few days earlier, when brought together, developed

Burr’s general designs, different parts of which only had

been revealed to different informants. It appeared that he

contemplated two distinct objects, which might be carried

on either jointly or separately, and either the one or the

other first, as circumstances should direct. One of these was

the severance of the Union of these States by the Alleghany

mountains; the other, an attack on Mexico. A third object

was provided, merely ostensible, to wit, the settlement of

a pretended purchase of a tract of country on the Washita,

claimed by a Baron Bastrop. This was to serve as the pretext

for all his preparations, an allurement for such followers

as really wished to acquire settlements in that country,

and a cover under which to retreat in the event of a final

discomfiture of both branches of his real design.

He found at once that the attachment of the western country to

the present Union was not to be shaken; that its dissolution

could not be effected with the consent of its inhabitants, and

that his resources were inadequate, as yet, to effect it by

force. He took his course then at once, determined to seize on

New Orleans, plunder the bank there, possess himself of the

military and naval stores, and proceed on his expedition to

Mexico, and to this object all his means and preparations were

now directed. He collected from all the quarters where himself

or his agents possessed influence, all the ardent, restless,

desperate, and disaffected persons, who were ready for any

enterprise analogous to their characters. He seduced good and

well-meaning citizens, some by assurances that he possessed the

confidence of the Government, and was acting under its secret

patronage, a pretence which procured some credit from the state

of our differences with Spain; and others by offers of land in

Bastrop’s claim on the Washita.

This was the state of my information of his proceedings

about the last of November, at which time, therefore, it was

first possible to take specific measures to meet them. The

proclamation of November 27th, two days after the receipt

of General Wilkinson’s information, was now issued. Orders

were despatched to every interesting point on the Ohio and

Mississippi, from Pittsburg to New Orleans, for the employment

of such force, either of the regulars or of the militia, and

of such proceedings also of the civil authorities, as might

enable them to seize on all the boats and stores provided

for the enterprise, to arrest the persons concerned, and to

suppress, effectually, the further progress of enterprise.

A little before the receipt of these orders in the State of

Ohio, our confidential agent, who had been diligently employed

in investigating the conspiracy, had acquired sufficient

information to open himself to the Governor of that State, and

apply for the immediate exertion of the authority and power of

the State to crush the combination. Governor Tiffin and the

Legislature, with a promptitude, an energy, and patriotic zeal,

which entitle them to a distinguished place in the affection

of their sister States, effected the seizure of all the boats,

provisions, and other preparations within their reach, and thus

gave a first blow, materially disabling the enterprise in its

outset.

In Kentucky a premature attempt to bring Burr to justice,

without a sufficient evidence for his conviction, had produced

a popular impression in his favor, and a general disbelief

of his guilt. This gave him an unfortunate opportunity of

hastening his equipments. The arrival of the proclamation and

orders, and the application and information of our confidential

agent, at length awakened the authorities of that State to the

truth, and then produced the same promptitude and energy of

which the neighboring State had set the example. Under an act

of their Legislature, of December 23d, militia was instantly

ordered to different important points, and measures taken

for doing whatever could yet be done. Some boats (accounts

vary from five to double or treble that number) and persons

(differently estimated from one to three hundred) had in the

mean time passed the Falls of Ohio, to rendezvous at the mouth

of Cumberland, with others expected down that river.

Not apprised, till very late, that boats were building on

Cumberland, the effect of the proclamation had been trusted to

for some time in the State of Tennessee. But, on the 19th of

December, similar communications and instructions, with those

to the neighboring States, were despatched by express to the

Governor, and a general officer of the western division of the

State; and, on the 23d of December, our confidential agent left

Frankfort for Nashville, to put into activity the means of that

State also. But by information received yesterday, I learn that

on the 23d of December, Mr. Burr descended the Cumberland

with two boats merely of accommodation, carrying with him from

that State no quota towards his unlawful enterprise. Whether

after the arrival of the proclamation, of the orders, or of our

agent, any exertion which could be made by that State, or the

orders of the Governor of Kentucky for calling out the militia

at the mouth of Cumberland, would be in time to arrest these

boats, and those from the Falls of Ohio, is still doubtful.

On the whole, the fugitives from the Ohio, with their

associates from Cumberland, or any other place in that quarter,

cannot threaten serious danger to the city of New Orleans.

By the same express of December 19th, orders were sent to the

Governors of Orleans and Mississippi, supplementary to those

which had been given on the 25th of November, to hold the

militia of their Territories in readiness to co-operate, for

their defence, with the regular troops and armed vessels then

under command of General Wilkinson. Great alarm, indeed, was

excited at New Orleans by the exaggerated accounts of Mr. Burr,

disseminated through his emissaries, of the armies and navies

he was to assemble there. General Wilkinson had arrived there

himself on the 24th of November, and had immediately put into

activity the resources of the place, for the purpose of its

defence; and, on the 10th of December, he was joined by his

troops from the Sabine. Great zeal was shown by the inhabitants

generally; the merchants of the place readily agreeing to the

most laudable exertions and sacrifices for manning the armed

vessels with their seamen; and the other citizens manifesting

unequivocal fidelity to the Union, and a spirit of determined

resistance to their expected assailants.

Surmises have been hazarded that this enterprise is to receive

aid from certain foreign powers. But these surmises are without

proof or probability. The wisdom of the measures sanctioned

by Congress at its last session, has placed us in the paths

of peace and justice with the only powers with whom we had

any differences; and nothing has happened since which makes

it either their interest or ours to pursue another course. No

change of measures has taken place on our part: none ought to

take place at this time. With the one, friendly arrangement was

then proposed, and the law, deemed necessary on the failure of

that, was suspended to give time for a fair trial of the issue.

With the same power friendly arrangement is now proceeding,

under good expectations, and the same law deemed necessary on

failure of that, is still suspended, to give time for a fair

trial of the issue. With the other, negotiation was in like

manner then preferred, and provisional measures only taken to

meet the event of rupture. With the same power negotiation is

still preferred, and provisional measures only are necessary to

meet the event of rupture. While, therefore, we do not deflect

in the slightest degree from the course we then assumed, and

are still pursuing, with mutual consent, to restore a good

understanding, we are not to impute to them practices as

irreconcilable to interest as to good faith, and changing

necessarily the relations of peace and justice between us to

those of war. These surmises are, therefore, to be imputed to

the vauntings of the author of this enterprise, to multiply his

partisans by magnifying the belief of his prospects and support.

By letters from General Wilkinson, of the 14th and 18th of

December, which came to hand two days after the date of the

resolution of the House of Representatives, that is to say,

on the morning of the 18th instant, I received the important

affidavit, a copy of which I now communicate, with extracts

of so much of the letters as comes within the scope of the

resolution. By these it will be seen that of three of the

principal emissaries of Mr. Burr, whom the General had caused

to be apprehended, one had been liberated by _habeas corpus_,

and two others, being those particularly employed in the

endeavor to corrupt the General and Army of the United States,

have been embarked by him for ports in the Atlantic States,

probably on the consideration that an impartial trial could not

be expected during the present agitation of New Orleans, and

that that city was not as yet a safe place of confinement. As

soon as these persons shall arrive, they will be delivered to

the custody of the law, and left to such course of trial, both

as to place and progress, as its functionaries may direct. The

presence of the highest judicial authorities, to be assembled

at this place within a few days, the means of pursuing a

sounder course of proceedings here than elsewhere, and the aid

of the Executive means, should the judges have occasion to use

them, render it equally desirable for the criminals as for the

public, that, being already removed from the place where they

were first apprehended, the first regular arrest should take

place here, and the course of proceedings receive here their

proper direction.

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