The Wheeling repository — Wheeling, Va. [W. Va.], 1807-11-12 00:00:00, page 3

[’ll their neighbours, and perseverance
in those occupations and pursuits which
will best promote their own well-being.
The appropriations of the last session,
toi the defence of our seaport towns and
harbours, were made under expectations
that a continuance of our peace would
permit us to proceed in that work ac
cording to our convenience. It has
b..cn thought better to apply the sums
dun giv n,towards the defence of New
i oi k, Charleston, and New-Orleans,
cniefly, as most open and most likely
•iist to need protection, and to leave
peaces less immediately in danger to the
provisions of the present session.
1 he gun-boats too, already provided,
have on a like principle been chiefly as
signed to N ew-York, New-Orleans and
the Chesapeake. W heiherour moveable
fotce on the water, so material in aid of
the defensive works on the land, should
be augmented in this or any other form,
is led to the wisdom of the legislature.
I'or the purpose of manning these ves
^t'l‘‘> hi sudden attacks on our harbours,
It a matter for consideration whether
tno seamen cl the United States may
iioc justly be formed into a special mili
tia, to be called on for tours of duty in
defence of the liar! ours where they shall
happen to he ; the ordinary militia of
f iic place furnishing that portion which
•tilav consist of landsmen.
i he moment our peace was threaten
d, I deemed it nidisp-. usable to secure
a greater provision ot* those articles ol
military st u*es, with which our maga
zines were not sufficiently furnished: to
have .awaited a pre\icus and special
sanction oy law, would have lost occa
sions which might not be retrieved. 1
did not hesitate, tlun fore, to authorise
engagements for su< h supplemnts to
our existing stock, as would render it a
dequate to the emergencies threatening
us ; and I trust that the legislature, feel
ing the same anxLty for the safety o!
our country, so materially advanced In
dus precaution, will approve when-done,
what they would have seen so important
to be done if then assembled. Expenses,
also unprovided for, arose out of the
necessity of calling all our gun-boats
into actual service, fertile defence of
our harbours, of all which accounts will
he laid before von.
Whether a regular army is to be rnis
'vl, and to what extent, must depend on
the information so shortly expected. In
the mean time I have called o.' the states
for quotas of miiitfa, to be in readiness
ior present defence ; and have, moreo
ver, encouraged the acceptance of vo
lunteers, and I am happy to inform you
that these have offered themselves with
great alacrity in every part of the union;
they are ordered to be organized, and
ready at a moment’s warning to proceed
on any service to which they may he
called, and every preparation within the
executive powers has been made to in
sure ua the benefit of early exertions.
1 informed congress at their last ses
sion, of the enterprises against the pub
lic peace, which were believed to be in
preparation by Aaron Burr and his asso
ciates ; of the measures taken to defeat
them, and to bring the offenders to jus
tice. 1 heir enterprises were happily cle
*e‘ltt'd» bv the patriotic exertions of the
militia, wherever called into action ; by
the fidelity of the army, and energy of
the commander in chief in promptly ar
ranging tbs difficulties presenting them
selves on the Sabine, repairing to meet
those arising on the Mississippi, and
dissipating, before their explosion, plots
engendering there. I shall think it inv
duty to lay before you the proceedings
and the evidence publicly exhibited on
the1 arraignment ot the principal offen
ders before the district court of' Virgi
nia. ^ ou av 111 be enabled to judge whe
ther the defect was in the testimony, in
the law, or in the administration of the
law; and wherever it shall be found, the
legislature alone can apply or originate
die remedy. The framers of our con
stitution certainly supposed they had
guarded as well the ir government against
destruction by treason, as their-citizens
against oppression under pretence of it;
and it these ends are not attained, it is
of importance to inquire by what means
mere effectually they may be secured.
flic :kc unts ol the receipts of reve
nue during the t ear ending on the 30th
day ol September last, being not yet
nr.de up, a correct statement will be
heivaft r tra ismitted from the treasury;
in the n ea i time it is ascertained that
the reci ip s have amounted to near six
teen millions of dollars, which, with the
live millions and a half in the treasury
at the beginning of the year, have ena
bled ns, altf r meeting the current de
mands and interest incurred, to pav more
than lour millions of the principal of our
funded debt. These payments, with
those of the preceding five and a half
years, have extinguished of the funded
debt twenty-five millions and a half of
dollars, bciug the whole which could be
be paul or purchased within the limits
die \aw and °f our contracts, and have
left us in the treasury eight millions and
an half of dollars. A portion of this sum
may he considered as a commencement
of accumulation of the surplusses of re
venue, which, after paying the instal- *
nicnts ol debt as they shall become pay
able, will remain without any sped hole
object. It may partly, indeed, be appli
ed towards completing the defence ol
the exposed points of our country, cri
such a scale as shall be adapted to
our principles and circumstances.
This object is doubtless among the first
entitled to attention, in such a state of
our finances ; and it is one which, whe
ther we have peace or war, will provide
security where it is due. Whether what
shall remain of this, with the future sur
plusses, may be usefully applied to pur
poses already authorized, or more use
fully tq others requiring new authori
ties, or how otherwise they shall be dis
posed of, are questions calling for the
notice of congress : unless indeed thev
shall be superceded by a change in our
public relations now awaiting ahe_ deter
mination oi others. Whatever be that
determination, it is a great consolation
that it will become known at the mo
ment when the supreme council of the
nation is assembled at its post, and ready
to give the aids oi its wisdom and au
thority to what course the good of our
country shall then call us to pursue.
Matters of minor importance will be
the subject of future communications ;
and nothing shall be wanting on my part,
which may give information or dispatch
to the proceedings of the legislature, in
the exercise of their high duties, and at
a moment so interesting to the public
welfare.
Th: Jefferson.
Tuesday, Oct. 27th, 1807.
O PIN ION
Of Chief Justice Marshall,
Delivered the 20th October, 1807, on a
motion to commit Burr, Blenncrhasset,
and Israel Smith, to Kentucky, to be
tried for treason and misdemeanor.
Much of the difficulty of the present
case arises from its being attended by
circumstances entirely opposite to those
which are usually found in motions of a
similar description.
An examining magistrate commits
and ought to commit on probable cause.
In defining his duty, after stating that
be may arrest cither upon his own sus~