Description:

Jefferson's 1807 State of the Union in the Wake of the Chesapeake-Leonard Affair and Aaron Burr's Acquittal

Thomas Jefferson called Congress back into session early in 1807 to deal with the growing crisis with Great Britain, who persistently refused to recognize American sovereignty on the high seas. After refusing to submit the Monroe Pinkney Treaty to the Senate for ratification, Jefferson sent the diplomats back to the negotiating table. Meanwhile, a British ship attacked and boarded an American ship off the coast of Norfolk, Virginia, and seized four sailors. Amid this international crisis, Jefferson was furious with Federalist Chief Justice John Marshall for Marshall's failure to get a Virginia jury to convict Jefferson's former Vice President Aaron Burr of treason for his plot to establish a new country in the southwestern United States.

THOMAS JEFFERSON, State of the Union Message, The Balance, and Columbian Repository, November 3, 1807. Hudson, New York: Harry Croswell. 8 pp. (345-352), 9.25" x 11.5". Disbound; general toning throughout; some light foxing.

Excerpts
"The many injuries and depredations committed on our commerce and navigation upon the high seas for years past, the successive innovations on those principles of public law which have been established by the reason and usage of nations as the rule of their intercourse and the umpire and security of their rights and peace, and all the circumstances which induced the extraordinary mission to London are already known to you." (p6/c2)

"on the 22nd day of June last by a formal order from a British admiral the frigate Chesapeake, leaving her port for a distant service, was attacked by one of those vessels which had been lying in our harbors under the indulgences of hospitality, was disabled from proceeding, had several of her crew killed and four taken away. On this outrage no commentaries are necessary. Its character has been pronounced by the indignant voices of our citizens with an emphasis and unanimity never exceeded." (p6/c3)

"I informed Congress at their last session, of the enterprises against the public peace which were believed to be in preparation by Aaron Burr and his associates, of the measures taken to defeat them and to bring the offenders to justice. Their enterprises were happily defeated by the patriotic exertions of the militia whenever called into action, by the fidelity of the army, and energy of the commander in chief in promptly arranging the difficulties presenting themselves on the Sabine, repairing to meet those arising on the Mississippi, and dissipating, before their explosion, plots engendering there." (p7/c2)

"I shall think it my duty to lay before you the proceedings and the evidence publicly exhibited on the arraignment of the principal offenders before the circuit court of Virginia. You will be enabled to judge whether 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 the remedy." (p7/c2-3)

"The framers of our constitution certainly supposed they had guarded as well their government against destruction by treason as their citizens against oppression under pretense of it, and if these ends are not attained it is of importance to inquire by what means more effectual they may be secured." (p7/c3)

Historical Background
In October 1807, President Thomas Jefferson called Congress into session earlier than usual, in part, to explain why he had not submitted the Monroe-Pinkney Treaty to the Senate for ratification. Although the treaty was the result of months of negotiation late in 1806, defined neutral rights, and established terms of trade between Great Britain and the United States, it did not deal with the British impressment of American sailors. When Jefferson received the treaty in March 1807, he refused to submit it to the Senate and instructed Monroe to resume negotiations.

Two months after the negotiations began again, the Chesapeake-Leonard affair dramatically changed the diplomatic landscape. On June 22, 1807, the USS Chesapeake left the Washington Navy Yard for a voyage to the Mediterranean. Off the coast of Norfolk, Virginia, the HMS Leopard hailed the Chesapeake, who admitted a British lieutenant on board, but the Chesapeake's commander, Commodore James Barron, refused to allow the British to search his ship. The Leopard fired broadsides into the American ship, which only managed to fire one shot before surrendering. The British had killed three of the Chesapeake's crew, wounded eighteen, and seized four that they declared to be deserters from the Royal Navy. Although all four had served on British ships, only one had been born in Great Britain; the other three were American citizens. The HMS Leopard took its prisoners to Halifax, Nova Scotia, where it executed the British citizen.

This clear violation of American sovereignty enraged Americans and provoked calls for war. Jefferson immediately closed all American harbors to armed British vessels, ordered additional military supplies, and called forth the militia. Understanding that America was not prepared for war with the naval superpower Great Britain, Jefferson signed the Embargo Act in December 1807, prohibiting all American ships from trading in all foreign ports. The continued British impressment of American sailors was one of the primary factors leading to the War of 1812.

The Burr conspiracy, led by former Vice President Aaron Burr, planned to carve out land in the Southwest into a separate nation. Rather than continue to support Burr, James Wilkinson revealed Burr's plans to President Thomas Jefferson, who ordered Burr's arrest for treason. On January 22, 1807, Jefferson delivered a special message to Congress on the Burr conspiracy. Burr was taken into custody, escaped, then recaptured on February 19, 1807, and sent to Virginia for trial. Despite Jefferson's efforts to obtain a conviction, the court under Federalist Chief Justice John Marshall acquitted Burr for lack of evidence of any treasonable actions. Several months later, Jefferson was still furious about this ruling.

The Balance, and Columbian Repository (1801-1807) was established in May 1801 in Hudson, New York, thirty miles south of Albany on the Hudson River, by Ezra Sampson (1749-1823), George Chittenden (1776-1845), and Harry Croswell (1778-1858). In January 1804, Croswell became the sole owner and continued publishing the newspaper until December 1807. It was succeeded by The Balance in 1808 and The Balance, and New-York State Journal from Albany in 1809 and 1810. While editing the more moderate Federalist newspaper The Balance, and Columbian Repository, Croswell also simultaneously founded in 1802 and edited the extremely partisan Federalist newspaper The Wasp under the editorial pseudonym of "Robert Rusticoat." Croswell was convicted in 1803 of libeling President Thomas Jefferson in The Wasp. He appealed to the New York Supreme Court of Judicature, and Alexander Hamilton represented Croswell in the appeal, arguing that the freedom of the press consisted in the right to print the truth, even if it reflected on "the government, magistracy, or individuals." Although the Supreme Court narrowly sustained the conviction by refusing a new trial in a 2-2 decision, the New York legislature incorporated Hamilton's position into law in 1805 and it became part of the New York state constitution adopted in 1821. After Croswell's newspaper failed in Albany, he was jailed for debt. He then entered the ministry and was ordained in the Episcopal Church in 1814. He served as rector of Trinity Church in New Haven, Connecticut, from 1815 until his death.

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