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and extend his empire to the Alleghany, seizing on New Orleans as the instrument of compulsion for our western States. I think his undertaking effectually crippled by the activity of Ohio. Whether Kentucky will give him the coup de grâce is doubtful; but if he is able to descend the river with any means, we are sufficiently prepared at New Orleans. I hope, however, Kentucky will do its duty, and finish the matter for the honor of popular government, and the discouragement of all arguments for standing armies."

He wrote Governor Tiffin of Ohio, February 20th, a highly complimentary letter on the zeal manifested by that officer, and by the Legislature of his State, in crushing the conspiracy. He assigned to Ohio "the most eminent" place in accomplishing this; and he added:

"The hand of the people has given the mortal blow to a conspiracy which, in other countries, would have called for an appeal to armies, and have proved that gov ernment to be the strongest of which every man feels himself a part. It is a happy illustration, too, of the importance of preserving to the State authorities all that vigor which the Constitution foresaw would be necessary, not only for their own safety, but for that of the whole."

He again wrote General Wilkinson, February 3d:

"Although we at no time believed he [Burr] could carry any formidable force out of the Ohio, yet we thought it safest that you should be prepared to receive him with all the force which could be assembled, and with that view our orders were given; and we were pleased to see that without waiting for them, you adopted nearly the same plan yourself, and acted on it with promptitude; the difference between yours and ours proceeding from your expecting an attack by sea, which we knew was impossible, either by England or by a fleet under Truxton, who was at home; or by our own navy, which was under our own eye. Your belief that Burr would really descend with six or seven thousand men, was no doubt founded on what you knew of the numbers which could be raised in the western country for an expedition to Mexico, under the authority of the Government; but you probably did not calculate that the want of that authority would take from him every honest man, and leave him only the desperadoes of his party, which in no part of the United States can ever be a numerous body. In approving, therefore, as we do approve, of the defensive operations for New Orleans, we are obliged to estimate them, not according to our own view of the danger, but to place ourselves in your situation, and only with your information. Your sending here Swartwout and Bollman, and adding to them Burr, Blennerhasset, and Tyler, should they fall into your hands, will be supported by the public opinion. As to Alexander, who is arrived, and Ogden, expected, the evidence yet received will not be sufficient to commit them. I hope, however, you will not extend this deportation to persons against whom there is only suspicion, or shades of offence not strongly marked. In that case, I fear the public sentiment would desert you; because, seeing no danger here, violations of law are felt with strength. I have thought it just to give you these views of the sentiments and sensations here, as they may enlighten your path. I am thoroughly sensible of the painful difficulties of your situation, expecting an

attack from an overwhelming force, unversed in law, surrounded by suspected persons, and in a nation tender to everything infringing liberty, and especially from the military."

He added:

"You have, doubtless, seen a good deal of malicious insinuation in the papers against you. This, of course, begot suspicion and distrust in those unacquainted' with the line of your conduct. We who knew it, have not failed to strengthen the public confidence in you; and I can assure you that your conduct, as now known, has placed you on ground extremely favorable with the public. Burr and his emissaries found it convenient to sow a distrust in your mind of our dispositions toward you; but be assured that you will be cordially supported in the line of your duties."

This letter (which a little careful scrutiny will show to be far more cautiously worded than may at first view appear) was designed to give Wilkinson to understand that the President thus far sustained his conduct to the extent to which it was known--that he would continue to do so, if that conduct should be marked by the proper degree of prudence; but it does not extend to those general and unqualified expressions which we should expect, had he felt entire confidence in the discretion of this officer."

The statement should not be omitted, that pending the measures against Burr, between the time of his expedition becoming publicly known and its final dispersion, numerous military bodies in all parts of the country sent addresses to the President volunteering to march at a moment's notice to put down the conspiracy and all its abettors.

Printed "acquainted" in Cong. ed.-an obvious error.

"Jefferson's precise feelings toward Wilkinson are expressed more pointedly than elsewhere in a letter to Monroe, January 11th, 1812:

"I have ever and carefully restrained myself from the expression of any opinion respecting General Wilkinson, except in the case of Burr's conspiracy, wherein, after he had got over his first agitations, we believed his decision firm, and his conduct zealous for the defeat of the conspiracy, and although injudicious, yet meriting, from sound intentions, the support of the nation. As to the rest of his life, I have left it to his friends and his enemies, to whom it furnishes matter enough for disputation. I classed myself with neither, and least of all in this time of his distresses, should I be disposed to add to their pressure."

CHAPTER V.

1806-1807.

Second Session of Ninth Congress-President's Message-Special Message on English Affairs-Congress ask Information in regard to Burr's Conspiracy-Senate pass a Bill to suspend the writ of habeas corpus-The House summarily reject the Bill-Eppes's Speech-Causes of reaction in public feeling-Bollman and Swartwout brought Prisoners to Washington-President's further Information to Congress-Bollman and Swartwout discharged from custody-Broom's Resolution to further secure privilege of the writ of habeas corpus rejected-Bill to suppress African slave trade-Naval defences -The different plans urged-Adjournment-Correspondence-New English Treaty-Its inconsistency with Instructions-The President to Monroe on the subject-He rejects the Treaty without consulting the Senate-Letters to his Cabinet-Spring Elections in 1807-Burr brought to Richmond-The Legal Proceedings before Judge MarshallBurr held to Bail for a Misdemeanor-His Reception by the Federalists of RichmondMr. Wickham's Dinner-Party-Chief Justice and Burr meet as Guests there-Professor Tucker's Explanation of the Circumstance-Burr's Trial-Motion for a Subpæna duces tecum to the President-Offer of United States Attorney to voluntarily furnish all necessary evidence-Martin's Attacks on the President-Wirt's Reply-Chief Justice's Remarks-Attacks on the President continued-President's Indignation-Martin's Motives and Character-A Blunder avoided-The Subpœna duces tecum issued-Presi dent's Offer in the interim to furnish all needful Testimony-His Answer on receiving the Subpoena, etc.-A practical Commentary-Manner of treating Government Witnesses Indictment for Treason and Misdemeanor found-Burr confined in his Counsel's house-Arraigned-His Description of his "Apartments" etc., in the Penitentiary— Trial opened-President's Letters to United States Attorney-Motion to stop the Introduction of Evidence in the Trial for Treason granted-Verdict of the Jury-Trial for Misdemeanor-The Proof relied on by the Prosecution ruled out-The Sequel-Burr held to Bail for a Misdemeanor in Ohio-President's Correspondence with District Attorney-Accused of undue eagerness for Prisoner's Conviction-Accused of Improper Interference-These Charges examined-Burr's Flight-His Miseries in Foreign Lands-Unable to get Home-Finally reaches Home in 1812-His Obscurity and Disgrace-Death of his Family-Dreads Imprisonment for Debt-Subsequent Course and Closing Scene.

PENDING the exciting events of Burr's conspiracy, and before any of the facts were accurately known-and while every current of the atmosphere was surcharged with wild and contradictory reports-the second session of the ninth Congress met at Washington December 1st, 1806.

The President's message announced that the difficulties in our foreign relations were not yet terminated. He declared, however, that the delay in arriving at that result, in the case of the British Government, had not arisen from causes which forbade the expectation of an amicable adjustment during the present session of Congress. He stated that Spain had advanced a force to the Red River-that he had proposed the Sabine as the temporary boundary-that the answer was not yet receivedthat the official correspondence would develop other particulars. He said the inhabitants of Orleans and Mississippi territories had evinced the utmost promptitude in meeting the requisitions made on them by the Government.

He touched very lightly on Burr's expedition-giving the names of no individuals-only mentioning it as an illegal attempt against Spain: and he said suitable measures had been adopted for its suppression, and for bringing those engaged in it to justice. In concluding this topic, he remarked:

"It was due to that good faith which ought ever to be the rule of action in public as well as in private transactions, it was due to good order and regular government, that while the public force was acting strictly on the defensive and merely to protect our citizens from aggression, the criminal attempts of private individuals to decide for their country the question of peace or war, by commencing active and unauthorized hostilities, should be promptly and efficaciously suppressed."

Whether it would be necessary to increase our regular force, would, he said, depend upon the result of our Spanish negotiations; and this being uncertain, he recommended provisional measures to the consideration of Congress. The approaches to New Orleans ought, he declared, to be effectually guarded, both against outward attacks, and for the "internal support of the country;" and encouragement to be given to the settlement of the west bank of the Mississippi, "within reach of New Orleans."

A further appropriation was recommended for gunboats, for "repairing fortifications already established, and for the erection of such works as might have real effect in obstructing the approach of an enemy to our seaport towns, or remaining before them."

Again, alluding to Burr's conspiracy, the President said the laws had wisely provided punishment for insurrection, and for enterprises against foreign States. In the latter case, they had

given powers of prevention to a certain extent-and he inquired. if the same powers would not be reasonable and useful where the enterprise was preparing against the United States. He suggested that if binding over to peace and good behavior could be extended to acts to be done out of the jurisdiction of the United States, it would be effectual in some cases where the offender was now able to keep every indication of his criminal purposes out of sight.

Our Indian relations were pronounced in an amicable and highly favorable condition. Mention was made of the progress of Lewis and Clarke's exploration of the Missouri-of Mr. Freeman's, of the Red River-and of Lieutenant Pike's, of the Mississippi.

The following recommendation was submitted in relation to the slave trade.

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

The receipts of the Treasury during the fiscal year, were stated to be near fifteen millions of dollars. From this sum, upwards of three millions of principal, and nearly four millions of interest, had been paid on the public debt-two millions seven hundred thousand on American claims assumed in the purchase of Louisiana-and near two millions in reimbursing the five and a half per cent. stock.

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He recommended the suppression of duties on salt, it being a necessary of life," and the continuance of those composing the Mediterranean fund, "levied chiefly on luxuries," for "a short period," after which they "would become unnecessary for any purpose now within contemplation."

Then came the following passages on the principles on which tariffs should be regulated, and on the duties of the Government in respect to education.

"When both of these branches of revenue shall in this way be relinquished,

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