Trial of Aaron Burr. counsellors from the Queen, who were his enemies; but he intended no hurt to the person of the Queen. For the purpose of executing this design, he assembled a large body of armed men at his own house, who continued to be imbodied after being ordered by the proper authority to disperse; and he also entered the city of London for the purpose of raising the citizens in order further to aid him in the execution of his plan. Several consultations had been previously held, at which the Earl of Southampton assisted, and it is not alleged in the case that he was not fully informed of these projects. He believed that no design was entertained against the person of the Queen; and, therefore, that his acts were not treasonable; but in the law he was mistaken. In fact, no particular design against her person was entertained, and Essex as little suspected as Southampton that they were committing treason. They were ignorant that the law pronounced those facts to be treason, but they were neither ignorant of the facts themseves nor of the real intention with which those facts were committed. In this case the judges delivered their opinion of the law on two points. The one "that in case where a subject attempted to put himself into such strength as the King shall not be able to resist him, and to force and compel the King to govern otherwise than according to his own royal authority and direction, it is manifest rebellion." The other, "that in every rebellion the law intendeth as a consequent the compassing the death and deprivation of the King, as foreseeing that the rebel will never suffer that King to live or reign who might punish or take revenge of his treason or rebellion." Under this law opinion of the judges, Essex and Southampton were condemned and executed. The only difference between them was that the quarrel was the quarrel of Essex, and Southampton only adhered to him; but he adhered to him knowing what he did, and the intention with which he acted. Believing, then, the weight of testimony to be in favor of the opinion that the real and direct object of the expedition was Mexico, and inclining also to the opinion, that in law, either acts of hostility and resistance to the Government, or a hostile intention in the body assembled, is necessary to convert a meeting of men with ordinary appearances into an act of levying war, it would, in my judgment, be improper in me to commit the accused on the charge of treason. It is contended that they are not guilty of a misdemeanor, on one of these grounds: Either the United States were actually at war with Spain, or the expedition was dependent on war; and, in the event of peace, was to be converted into a settlement on the Washita. It is alleged that we were at war with Spain, because a Spanish army had crossed the Sabine, and entered the territory of the United States. the unequivocal aggressions of others without any That a nation may be put in a state of war by act of its own, is a proposition which I am not disposed to controvert; but I cannot concede this to be such an act. The boundaries claimed by the United States to their recent purchase of Louisiana are contested by Spain. Now if either nation takes possession of the contested territory as its own, it is an act which the opposite Government may elect to consider either as an act of war or otherwise; and only the Government can make it, or to anticipate his Government. make that election. No citizen is at liberty to But it is alleged that war, if not absolutely made, appeared to be inevitable; and that the prosecution of the expedition depended on its taking place. That the probability of war was great may be admitted; and this may extenuate the offence, but it still remains an offence which is punishable by law. If the expedition was really eventual, and was not to take place in time of peace, then, certainly, preparations might be made for it without infracting any law; but this is a fact proper for the exclusive consideration of a jury, and I shall make no comment upon it which might, the one way or the other, influence their judgment. I shall commit Aaron Burr and Herman Blannerhasset, for preparing and providing the means for a military expedition against the territories of a foreign Prince, with whom the United States were at peace. If those whose province and duty it is to prosecute offenders against the laws of the United States shall be of opinion that a crime of a deeper dye has been committed, it is at their choice to act in conformity with that opinion. Israel Smith is not proved to have provided or prepared any means whatever, and therefore I shall not commit him. If he has really offended against the laws, he may be prosecuted for the treason in Kentucky, or for the misdemeanor in his own State, where, if anywhere, his offence has been committed. PROCEEDINGS AND DEBATES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, AT THE FIRST SESSION OF THE TENTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, OCTOBER 26, 1807. MONDAY, October 26, 1807. This being the day appointed by Proclamation of the President of the United States, of the thirtieth day of July last, for the meeting of the Congress, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit: From New Hampshire-Peter Carlton, Daniel M. Durell, Francis Gardner, Jedediah K. Smith, and Clement Storer. From Massachusetts-Joseph Barker, John Chandler, Orchard Cook, Richard Cutts, Josiah Deane, William Ely, Isaiah L. Green, Daniel Ilsley, Josiah Quincy, Ebenezer Seaver, William Stedman, Samuel Taggart, Joseph B. Varnum, and Jabez Upham. From Vermont-Martin Chittenden, James Elliot, James Fisk, and James Witherall. Wilbour. From North Carolina-Lemuel J. Alston, jr., Wil liam Butler, Joseph Calhoun, Thomas Moore, John Dennis Smelt, and George M. Troup. From Ohio-Jeremiah Morrow. From Kentucky-Joseph Desha, Benjamin Howard, and Richard M. Johnson. From Tennessee-John Rhea, and Jesse Wharton. The Assistant Clerk of the House announced 117 members and one delegate to be present, being a majority of the whole number. He then inceed to the appointment of a SPEAKER, which bequired if it were the pleasure of the House to pro From Rhode Island-Nehemiah Knight, and Isaac From Connecticut-Epaphroditus Champion, Sam-ing determined in the affirmative, the members uel W. Dana, John Davenport, Jonathan O. Mosely, HELMS, and JOHN CAMPBELL, being named tellers. proceeded to ballot for that officer, Messrs. CUTTS, Timothy Pitkin, jr., Lewis B. Sturges, and Benjamin Tallmadge. From New York-John Blake, junior, Barent Gardenier, John Harris, Reuben Humphreys, William Kirkpatrick, Josiah Masters, Samuel Riker, John Russell, Peter Swart, David Thomas, John Thompson, James J. Van Allen, Philip Van Cortlandt, Killian K. Van Rensselaer, and Daniel C. Verplanck. From New Jersey-Ezra Darby, William Helms, John Lambert, Thomas Newbold, James Sloan, and Henry Southard. From Pennsylvania-David Bard, Robert Brown, William Findley, John Heister, Robert Jenkins, James Kelly, William Milnor, Daniel Montgomery, jr., John Porter, John Pugh, John Rea, Jacob Richards, Matthias Richards, John Smilie, Samuel Smith, and Robter Whitehill. The tellers, after examining the votes, reported that 117 were received, and JOSEPH B. VARNUM, a Representative from the State of Massachusetts, having fifty-nine of them, was declared to be duly elected. The votes were given as follows, viz: Joseph B. Varnum, 59; Charles Goldsborough, 17; Burwell Bassett, 17; Josiah Masters, 8; Thomas Blount, 7; John Dawson, 4; John Smilie, 2; Benjamin Tallmadge, 1; Timothy Pitkin, 1; and R. Nelson, 1. The SPEAKER being conducted to the Chair, by Mr. VAN CORTLANDT and Mr. ALSTON, addressed the House as follows: Gentlemen of the House of Representatives : From Maryland-John Campbell, Charles Golds- You will please to accept my most grateful acknowlborough, Philip B. Key, Edward Lloyd, William Mc-edgments for the honor which by your suffrages on Creery, John Montgomery, Nicholas R. Moore, Roger this occasion you have conferred upon me. I am senNelson, and Archibald Van Horne. sible of my own inability to perform the important duFrom Virginia-Burwell Bassett, William A Bur- ties you have been pleased to assign me, in the most well, Matthew Clay, John Clopton, John Dawson, John desirable manner; but relying on your candor and W. Eppes, James M. Garnett, Peterson Goodwyn, readiness to afford me your aid, I accept the trust. And Edwin Gray, David Holmes, Walter Jones, Joseph be assured, gentlemen, that it will be my assiduous enLewis, jr., John Love, John Morrow, Thomas Newton, deavor to discharge the duties of the office faithfully and jr., John Randolph, and John Smith. impartially; and in a manner which, in my opinion, H. of R. Election of Clerk, &c. OCTOBER, 1807. shall be best calculated to meet your wishes and afford me | felt more reluctance in addressing the House than the consolation of an approving conscience. The oath to support the Constitution of the United States, as prescribed by the act, entitled "An act to regulate the time and manner of administering certain oaths," was administered by Mr. VAN CORTLANDT, one of the Representatives for the State of New York, to the SPEAKER; and then the same oath, or affirmation, was administered by Mr. SPEAKER to all the members present. GEORGE POINDEXTER, Esq. having also appeared as the delegate from the Mississippi Territory of the United States, the said oath was administered to him by the SPEAKER. The same oath, together with the oath of office prescribed by the said recited act, were also administered by Mr. SPEAKER to the Clerk. on the present occasion; but a sense of the duty which he owed to that body, and which he should always endeavor to fulfil to the best of his ability, impelled him to speak. He perceived among the candidates for the office of Clerk of that Housea high and honorable trust-a person who came before him in such a shape, and under such circumstances, that were he to withhold the information, which he was about to give, from the House, and this person should be elected, he could not answer for the neglect. The person to whom he alluded had a plurality of votes on the last ballot. This person the session before the last, was chief Clerk in the office of Mr. Beckley. There was an order of the House that the doors should be closed. The Clerk is a sworn officer, bound not to divulge the proceedings of the House on such occasions. He did his duty; but the assistant clerks did not perform theirs. They posted themselves at the gallery door, where, it was found, on examination, that every word could be as distinctly heard as on the floor of the House. These clerks heard the debates which took place, and the person to whom he had alluded was one of them. Mr. R. said he had heard repeated some of the expressions which he had used in the House, beOrdered, That a message be sent to the Senate, fore he reached his lodgings at Georgetown. This to inform them that a quorum of this House is person came to him afterwards and apologized for assembled, and have elected JOSEPH B. VARNUM, his conduct. [Here Mr. VANZANDT (the Clerk alEsq., one of the Representatives for the State of luded to) making a motion of his head, significant Massachusetts, their Speaker; and that the Clerk of his dissent from the truth of his allegation, Mr. of this House do go with the said messsage. R. said he perceived that what he said was conMr. BASSETT, Mr. GOLDSBOROUGH, and Mr. MAS-tradicted, and was about to sit down. The SPEA TERS, were appointed a committee on the part of this House, jointly, with the committee appointed on the part of the Senate, to wait on the PRESIDENT OF THE UNITED STATES, and inform him that a quorum of the two Houses is assembled, and ready to receive any communication that he may be pleased to make to them. A message from the Senate informed the House that a quorum of the Senate is assembled, and ready to proceed to business. Also, that the Senate have appointed a committee on their part, jointly, with such committee as may be appointed on the part of this House, to wait on the PRESIDENT OF THE UNITED STATES, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them. Resolved, That the rules and orders established by the late House of Representatives, shall be deemed and taken to be the rules and orders of proceeding to be observed in this House, until a revision or alteration of the same shall take place. ELECTION OF CLERK, &c. The House next proceeded to the election of a Clerk. The same tellers which had been appointed on the former election having been named by the Speaker on this, the members proceeded to ballot. It appearing to the tellers, on examining the votes, that one of the members had, by mistake, voted twice, this balloting, after a few desultory remarks, was set aside, and a fresh one taken, the result of which was as follows: Nicholas B. Vanzandt, 37; Patrick Magruder, 26; James Elliot, 16; J. W. King, 16; —, 14; —, 14; · -,5; 1. No person having a majority of votes, another balloting took place, the votes of which were: N. B. Vanzandt, 52; P. Magruder. 28; J. Elliot, 15; J. W. King, 10; W. Lambert, 7; T. Hansford, 4; and C. Minifie, 1. A third balloting was about to take place, when Mr. RANDOLPH rose, and observed that he never KER desired him to proceed. He said he must decline entering into a contest of this kind and added only, that a person who was capable of violating his duty in a subordinate trust, certainly ought not to be elected to the important office in question.] Mr. ALSTON thought the House ought to adjourn, in order to afford an opportunity of examining into this matter, and made a motion to this effect; which motion was negatived. The propriety of postponing the appointment of a Clerk till to-morrow was suggested, in order that the House might proceed with business. A motion made for this purpose was negatived. The SPEAKER informed the House that he had received a letter from the person officiating as Clerk, which he was requested to lay before the House. The letter was read by the SPEAKER. It desired permission to be heard at the bar of the House in order to disprove the assertions which had been made by the member from Virginia in respect to the writer's conduct at a former session. Mr. SMILIE hoped no order would be taken upon this letter. He thought the request to be heard at the bar of the House a very extraordinary one, and if listened to might form a dangerous precedent. The House proceeded to another balloting for Clerk, the result of which was: Patrick Magruder, 52; James Elliot, 27; Nicholas B. Vanzandt, 16; Josias W. King, 9; Theodosius Hansford, 5; and William Lambert, 8.-117. OCTOBER, 1807. Election of Clerk, &c. Fifty-nine votes being necessary to a choice, another balloting was immediately had, when PATRICK MAGRUDER was declared to be duly elected, he having seventy-two votes. The votes given to the other candidates were not announced.* * Circular addressed to the members of the House of Representatives of the United States. TUESDAY, October 27. H. of R. Several other members, to wit: from Virginia, ABRAM TRIGG and ALEXANDER WILSON; from South Carolina, ROBERT MARION; and from Tennessee, GEORGE W. CAMPBELL; appeared, produced their credentials, were qualified, and took their seats in the House. Mr. BASSETT, from the committee appointed Randolph that it can be heard even outside of the walls of the Capitol. WASHINGTON CITY, Oct. 29, 1807. SIR: I feel compelled, from the duty I owe to myself and family, to answer the charges which were on MonMr. Bedinger, after my communication to him, freday last so unexpectedly advanced against my charac- quently assured me that he was taking every precauter, of having improperly divulged the secret proceed- tion to prevent the possibility of any prejudice to my ings of the House, during the first session of the ninth character, which might result from the nature of the Congress. The charges themselves give me no un-communication I had made to him. I have written to easiness, for I can prove them to be totally unfounded, him to verify this statement. Had I been guilty of and which, even admitting them to be true, would con- any breach of confidence, is it to be supposed I would stitute no breach of confidence or honor. But I might have communicated what I had so improperly discoverhave expected that the gentleman from Virginia, who ed to a member of the very body whose secret proceedmade them, would at least have shown some respect ings I am charged with having disclosed? Or that, for my feelings in the manner in which he introduced being an officer, I would in so palpable a manner, have them to the knowledge of the House. He had during exposed myself to the censure of the House, and to the last Summer received from me a personal notice at public disgrace? his own house, of my intention of applying for the office of Clerk of the House of Representatives. He ought then to have stated the objections he had to my character, or have taken the course usually adopted against a candidate. Had he given me notice of his intention of stating publicly to the House his objections to me, I would have been prepared with such evidence as must have removed all unfavorable impressions from the minds of those who were unacquainted with me. But to rise suddenly in his place, and that too, after a second ballot for Clerk, to address a public body, many of whom were unacquainted with me, to bring charges against my character without leaving me the power of self-defence, was a course of conduct, the propriety of which I must leave to himself to explain, and to the public to judge. But it is not the object of this address to recriminate; nor shall I advert to the singularity of permitting a public denunciation of the character of a private individual to have its intended effect where the privilege of self-defence is not also permitted. I shall briefly state the circumstances which gave rise to Mr. Randolph's impressions. It has been said that I was found listening in the committee room adjoining the House of Representatives. This charge I also declare to be unfounded. I was never in that committee room but once during the session of the House with closed doors, and then I was in company with Mr. Burch, junior, one of the clerks, upon business relating to the office. And besides, the Sergeant-at-Arms and a late Clerk in the office were in the room at the time we entered it, and I did not hear anything of what was going on in the House. The charge of listening at the gallery door I absolutely deny. The gentleman from Virginia, my unjust and cruel accuser, has stated that I confessed my fault and apologized for it to him. In this particular he is very incorrect. On hearing during that session that he had brought into the House some charge of the same kind, I waited upon him and informed him what I have here stated, with which he then appeared to be perfectly satisfied. If he construed anything I then said into an apology he must have strangely misunderstood me. It would not, however, be strange if he had forgotten the particulars of a conversation that occurred nearly two years ago. Had he or any other member believed the report to be correct at the time it was first circulated, would not some inquiry have been instituted into it, and if proved guilty my dismissal from office have then taken place? But no mention of it was ever made after my conversation with Mr. Randolph. And I repeat it, that with the statements I then made to him he appeared perfectly satisfied. From that period I have been continued in the office as principal Clerk, and for a considerable time during the last session acted as Clerk of the House. At the commencement of the secret proceedings of the first session of the ninth Congress, no precaution was taken by the House to have doorkeepers stationed at each of the passages leading to the hall of the House to prevent persons from listening. It was not, therefore, to be wondered at if the nature and subject of the debates should accidentally transpire while curiosity respecting them was so much alive. A gentleman of the name of Charles Evans did discover what was the subject of those debates, and heard the speeches of Messrs. Randolph and Eppes. He communicated the substance of them publicly, and I immediately after- In addressing you, sir, on this subject, the solicitude wards communicated what I had heard from him to I feel for my character is my only object. Had I met Mr. Bedinger, then a member from Kentucky, with with an adversary against whom I could have been the express view of convincing him how easy it was permitted to contend on equal grounds, or have given for the proceedings of the House to become public, not-me notice of his intended attack, I might, perhaps, been withstanding the order for closing the doors; and it is highly probable that Mr. Bedinger repeated it to other members, without being particular in relating also the manner in which I became possessed of a knowledge of the debates. And it is a matter of notoriety that such is the strength and clearness of the voice of Mr. your choice as Clerk of the House, and enjoyed an eligible situation for the support of my family. But to preserve a character unblemished, which was on Monday last, so undeservedly aspersed, and to return my thanks to those who gave me their support, are the only objects I have now in view. |