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Un daa aymbolas suivants apparaftra sur ia darnlAra imaga da chaqua microficha, salon ia cas: ia aymbola — ► aignifia "A SUIVRE", ia symbols ▼ signifia "FIN". Maps, platas, charts, ate, may ba filmad at diffarant raductlon ratioa. Thosa too larga to ba antlraly Included In ona axposura ara filmad baglnning In tha uppar laft hand corner, iaft to right and top to bottom, aa many framaa aa raqulrad. Tha following diagrams illustrata tha mathod: Las cartas, planchas, tableaux, ate, pauvant Atra fiimAa A daa taux da reduction diff Grants. Lorsqua la document est trap grand pour Atre reprodult en un seul cllchA, II est film* A partir da i'angle supArieur gauche, de gauche A droite, et de haut en bas, en prenant la nombre d'Images nicessaire. Lee diagrammas suivants illustrant ia mithode. 1 2 3 1 2 3 4 5 6 h i; w HISTORY OF LOUISIANA. THE AMERICAN DOMINATION. BT C HAR LE S GAYARR E. NEW YORK: WILLIAM J. WIDDLETON, PUBLISHER. 1806. w Entoreil acconllng to Act of Congress in the year 1866, By CHABLEB GAYAIIRIO, In the Clerk's ottlco of the District Court of tbo United StntoB for the Southern DiBtrkt of Now York. NEW YORK : EDWARD 0. JENKINS, PRINTER, JO NORTH WILLIAM ST. 1 .'• CONTENTS. CHAPTER I. Cession op Louisiana to the United States.— 1808-1804. Effects of the Cession — Feelings of tlie Inhabitants — Organization of the Territory — Powers of Governor Claiborne — Act of Congress about Slav- cry — Laussat's Dispatch- -His Views and Predictions — Affi*ays and Tu- mults — Unpopulaiity of the Cession — Secession of the Western States — The Louisiana Bank — Condition of the M'litii^ — Public Meet- ings — Insurrection alwve Manchac — Kemper and his Followers — Opposition to the Government — Judicial Organization — Adoption of Laws — Governor Claiborne Sworn into Office — Spanish In- trigues — A Political Pamphlet — Popular Excitement— Governor Clai- borne's Vindication — Two Hundred Frenchmen Ordered Away — Garcia and Morgan — Arrest of Garcia — Casa Calvo's Complaints — Claiborne's Answers — Imports vion of Slaves — First Legislative Assembly — Belief in Re-cession — Tne Yellow Fever — Prevention of Yellow Fever — De- bates in Congress— Reflections on the Debates .* . . , CHAPTER II. Govehnob Claiborne's Administration.— 1805. Petition of the Louisianians — John Randolph's Report — Congressional Legislation — Claiborne to Madison — New Territorial Government — Grants of Land by Morales — Casa Calvo and his Body-Guard — Quarrels between Morales and Casa Calvo — Desired Departure of the Spaniards — Increase of Spanish Armaments — Apprehensions of Spanish Hostili- ties — Suspected Spanish Agents — Aaron Burr Arrives Sn New Orleans — Claiborne's Secret Correspondence — The Spaniards Unwilling to De part — Claiborne's Remonstrances — Claiborne and Casa Calvo — Depart- ure of Casa Calvo — Casa Calvo Goes to Texas — Claiborne Prepares for War — Silspicious Movements of Casa Calvo — Claiborne Asks for Rein- forcements — Organization of the Militia — Negotiations with Spain — Pinckney and Cevallos — ^Monroe Sent to Spain — France Unfavorable to the U. S. — Negotiations with Spain — Ultimatum of the United States (iii) i^ IV CONTENTS. — Negotiations witli Hpaln at an End — Attacks Against Claiborne — Clnlborno's Bolt- Vindication— Claiborne not on a Bed of Roses — New Orleans Incori)orate(' — Religious Quurntls — Claiborne and his Enemies — Sauvt', Destn'-han, and Dorbigny — Claiborne's Report to Madinon — Important Manuscript Found — The Ursulino Nuns put on the Stoge — Mooting of the Legislature— Claiborne's Message- Father Walsh and Father Antonio — A Schism among the Catholics— The Fortificatioii . of New Orleans — Claiborne and Land Titles— List of the Public Buildings —Conflict of Civil and Military Authority — Condition of the Judiciary. S8 CHAPTER in. QovEBNOK Claiborne's Administhation. — 1806. Military Resources of the Territory — Secretary Qraham to Madison — The Spaniards still Linger in Louisiana — Claiborne's Alarms— The Mulatto Corps — Claiborne to Casa Calvo — Battalion of Orleans Volunteers — In- diflfcrence to the Right of Suffrage — Expulsion of Morales — Expulsion of Casa Calvo — Hig 'Charges in Lovflsiana^ — Internal Improveracnta — Claiborne on Education — Increase of Troops Required — Hostile Acts of the Spaniards — John Randolph and Claiborne — Regulations on Citizen- ship — Governor Claiborne's Veto — Claiborne's Opinion of the Natives— Another Veto by Claiborne — Claiborne and the French CPnsul — Elec- tion of D. Clarke to Congress — Emigration firom L((ai8iana — Causes of Discontent — Claiborne and the Lady Abbess — Judicial Decision on Al- legiance — Celebration of the Fourth of July — Claiborne and General Herrera— Claiborne's Military Measures — Arrival of Wilkinson — Father Antoine Suspected — Father Antoine Swears Allegiance- Claiborne's Conflicting Opinions — Claiborne's Despondency — Wilkinc a Denounces Burr — Daniel Clarke Suspected — Commotion in New Orleans — Clai- borne and Martial Law — Wilkinson and Martial Law — Clalbomt^ and the Embargo — Proposed Impressment of Sailors — Wilkinson and Aiiron Burr — Claiborne and Wilkinson Disagree — Cowles Meade on Burr — Arrest of Citizens — Swartwout and Ogden — Claiborne and Judge Work- man — The Embargo Repealed. . . . . . . 123 CHAPTER IV. GOVBKNOB CLAIBBOBNB'S ADMINISTRATION. — 1807-1808. Arrest of Workman and Kerr— Suspicious Movements of Folch — Clai- borne to Cowles Meade — ^The Legislature and Wilkinson— Arrest of Aaron Burr- Claiborne on the Plans of Burr — Claiborne and the Har l)eas Corpus — Military Interference with Slavery — Claiborne and the Batture — Edward Livingston and the Batturo— Riot* about the Batture Claim— Claiborne and the Rioters— Proceedings of the Rioters— Gover- nor Claiborne on the Judiciary — ^The President and the Batture — Clai- borne's Instructions to a Judge — Demolition of Fort St. Louis — Digest of Ci\Tl Law— Circular to Militia OflBcera— Riots and Disturbances— |.,1 CONTENTS. ▼ Clnilwtrno on tho Civil Law — Reflections on the Civil Law— Proceedings in Courts— Aversion to Militia Duty <<- Negroes Running Away to Texas. ......... 174 CHAPTER V. Claiborne's Admimistration.- 1800-1810. Claiborne on Public Scbools — Criminal Jurisprudence and Punishments — Claiborne on Foreign Relations — Surrender of Runaway Negroes — Arrival of United States Troops — Violent Feuds In Polnte Coupt^e — Admission into the Union Demanded — Census of Inhabitants — Oppo sltlon to State Government — French Emigration from Cuba — Claiborne and the French Emigrants — Claiborne Checking Immigration — Arrival of too Many Strangers — Sickness Among the U. 8. Troops — Mortality Among the U. S. Troops — Encouragement to Domestic Industry — The Yellow Fever and Health Laws — Necessity of Public Education — Clai- borne on Public Appointments — Hostility of C*Ialborne Increasing — Claiborne's Noble Letter — Smuggling of Slaves and Merchandise — Heroism of Louis Grandpr^ — A Declaration of Independence — Conven- ventlon of West Florida— West Florida Annexed— The President's Proclamation — Instructions to Claiborne — Address to the Floridlans — Oreat Britain's Protest — New Parishes Formed. .... 204 i\ CHAPTER VL CLAiBoimB'B Administration.- 1811-1812. Debates In Congress — Mr. Miller's Speech — Mr, Rhea's Sprech— Joslah Qulncy's Speech — Polndexter's Speech — Mr. • ..M's Speech — ^A Conven- tion Called — Conditions of Admission as a Star ; — Insurrection of Ne- groes — The Negroes Defeated — Livingston and Fulton — Meeting of the State Convention — Speech of Poydras — Proceedings of the Con- vention — The Constitution of Louisiana 244 CHAPTER Vn. Administration of Ooybrnor Glaibornb.— 1812-1818. Debates in Congress — Enlargement of the State — State Qovemment Organized — War with Qreat Britain — Aversion for Public Life — ^A Want of Men for 0£9ce8 — A number of Resignations — Madison's Inaugural Address — The Smugglers of Barataria — Danger of Indian * Hostilities — Conflagrations and Overflows — F. X. Martin on the Con- stitution — Credit of U. S. impaired — ^Inadequate Protection from the U. S. — The Militia U) be called out — Judicial Decision on the Batture — Massacres by the Indians — Claiborne's Indian Talk — Proclamation Against Smugglers — John and Pierre Lafitte — Deeds of the Bucca- neers — The Baratarians — Anxieties of the Public Mind. . . . 276' V CONTEXTS. CHAPTER VIII. Claiborne's A dminibtration.— 1814. Effects of War — Sujfflfested Ameliorations —Too Much L»!(aflMlatlon — The Baratarlans — F. X. Martin on tlie Constitution — Projected Invasion of Texas — Kequlsltion on the Militia — Insubordination of the Mllltla — Danger of a Civil War — Claiborne and the Militia — Unpopularity of Militia Duty— The Mllltla Refractory— Federal Requisition Rejected— Claiborne on the Press — Claiborne's Appeal — Danger of Invasion In- creasing — Claiborne to be impeached — Peace with the Creeks — Louisi- ana's Destiny — The Free Men of Color— Claiborne's Military Orders — English Proclamation — British Colonel NichoUs — Colonel Nicholls to his Troops — Claiborne's Apprehensions — Claiborne to General Jack- son — Claiborne to the Louisianlans— Public Meeting — Patriotic Reso- lutions — Committee's Address to Louisianlans — Claiborne to Mayor Girod — Attack on Fort Bowyer — The British Repulsed — General Jack- son's Proclamation — Jackson to the Colored Men — Colonel Nicholls to John Lafitte — Sii W, H. Percy to John Lafitte — John Lafitte and British Emissaries — John Lafitte to Blanque— John Lafitte to Clai- borne — Pierre Lafitte to Blanque— Expeditions against the Baratariaus — Claiborne on the Colored Men — Claiborne trusts the Louislatiians — Claiborne on Smuggling — Smuggling no Crime-^Sympathy for Smug- glers — Jackson and the Spaniards — Pcnsacola Taken — the French Con- sul Insulted — Extra Session of the Legislature — Claiborne to the Legis- lature — Call for the Whole Militia — Claiborne on the Legislature. M. CHAPTER IX. GovERNOK Claiborne's Administration.— 1814. 1 i The Banks Suspend Payment — Arrival of General Jackson — General Jack- Bon'B Character — Defenceless Condition of the State — Jackson's Prepa- rations — Importance of Louisiana — General Jackson's Oath — Clai- borne's Military Claims — Clairborne to the Senate — Literature in Louisiana — Approach of the British — Debates in the Legislature — Louaillier's Report — Action of the Legislature — Effects of Jackson's Presence — Battle on Lake Borgno — Federal Neglect of Louisiana — Claiborne's Pithy Message— Martial Law Proclaimed— Jackson's Address to the Citizens— Jackson's Military Measures — Savary, the Colored Man— Jackson's Address to the Militia — Jackson's Military Orders- Services of Lafitte Accepted — A Stay Law Enacted — Arrival of Ten- nesseeans — Feelings in New Orleans— Forces of the Invaders — Bayou Bienvenu — The Fishermen's Village — Treachery of Fishermen— Land- ing of the British^Jackson Marching — Skirmishes with the Enemy — Attack by the Carolina — Attack by General Jackson — Battle of the 23d of December — Jackson's Report — General D. Morgan's Corps — Excite- ment in New Orleans — Reflections — United as One Man. 879 $■ CONTENTS. Vll 808' CHAPTER X. OovHRMOR Claiborne's Administration.— 1814-181S. Preparations of the British— Catting of tlio Levee — The Carolina Blown up— Attack of the 28th of December— Death of Colonel HondorBon— Tlie Con(n^vu Rockets— Artillery Duel— Eflbctivo Firing from tlio Louisiana — Americans Strengthening their Lines — British Black Troops — The Rifle and the Dirty Shirts— Our Mode of Wariare — Cannonade un the 81st of Ducember— Battle of the 1st of January— British Redoubts- Movements of the Enemy— Arrival of the Kentuckians— The Women of LouiHiano — Arrival of British Roinforccmenta — Description of our LinoH — Admirable Behaviour of Our Troops — Full Preparations on Both Sides — Battle of the 8th of January — Comments on the Battle — Marshal Soult's Opinion — Military Commentaries — Tribute to Our Troops — Syrapatliy for the Wounded — Colored Nurses of New Orleans — Incapa- city of General D. Morgan — Condition of Morgan's Troops — The Ken- tuckians Demoralized — Mayor Amaud's Command — Defeat of Qoneral Morgan — Kentuckians Justifying Themselves — Colonel Thornton's Expedition — Thornton Not Arriving in Time — Jackson to Morgan's Defeated Troops — General Humbert — Condition of Morgan's Troops — Suspension of Hostilities — Attack on Fort St. Philip— Evacuation of the British Army — Retreat of the British — Jackson visits the British Camp — Jackson Orders a Thanks^ving — Jackson to Ids Army-#.Tho Results Obtained — Compliments to the Baratarians — General Jackson's Report — Report of a Court-Martial — Reception of Jackson in New Or- leans — Address of Abbti Dubourg — Jackson's Answer to Dubourg. 441 CHAPTER XL OOVBRNOR ClAIBORNB'B ADMINISTRATION.— 1816. Jackson Displeased with Claiborne — Surrender of Fort Bowyer — Admiral Cochrane'o Complaint — General Keane's Sword — Abducted Negroes Claimed — British Infatuation — Abducted Slaves Claimed — Arbitration of Russia — Historic Contrast — Major Lacoste and his Slaves — British Love of Plunder— Booty and Beauty — Jackson and the Legislature — Jackson's Answer to the Legislature — Claiborne's Answer to the Le^s- lature— Colonel Fortier's Testimony — ^Abner Duncan's Testimony — Mf^or Davezac's Testimony — Colonel D^douet's Testimony — Character of D^clouet — Guichard's Testimony — The Committee of Investigation — No Thanks Voted to Jackson— General Coffee to the Legislature- Jackson to the Mayor of New Orleans— Reflections — Skipwith to Jack- son — Thibodaux to Skipwith— Blanque's Letter to the Cittaens— Reflec- tions ... 811 CHAPTER Xn. Claibornb'b Administration.- 1815. Jackson's Quarrel with the French in New Orleans— Jackson's Address to vm C0NTENT8. tho Militia — (}onoral Jackson and the French — Louailllcr'0 Puiillcation — ArroHt of Loualllior— Arrest of Judge Hall — PirmneHs of DuploHHiM — ArroHt of Dick and Hollander— Thi) Militia Disbanded — Jackson on Popularity — C'laibome and JackHon on Bad Ti^rms — ClailM>mo to Maxu- mau — Claiborne to Jackson — Larije Meetings of Cltiaens — Livingston's InconsiHtonciuH — Trial of Louailllor — Jitokson on Martial Law— Martial Law Rnvoked — Jackson's Farewell Adtlroas — The Uniform Companies to Jacluon — .Tuckson to tho Uniform Companies — Trial of General Jackson — Jackson'n Noble Speech — Jaciison's Violent Temper— Federal Compliments to Louisiana — The President's Pardon Proclamation — Claiborne Vindicating Himself- Wwhington's Advice. 878 h r H ' I 8UPPLEMBNTAL CHAPTER. 1816—1801. Death of Governor Claiborne — Governor James Vlllerrf— -Oovomor T. Boil- ing Robertson — Governor Honry Johnson — Governor Peter Derbigny — Governor A. B. Roman — Governor B. D. White — Governor A. B. Ro man — Governor Alexander Mouton— Governor iHoac Johnson — Govern- or Joseph Walker — Governor P. O. Hebert — Governor Robert C. Wlck- liffe — Governor T. 0. Moore— The Doom of Louisiana. 682 Jiv HISTORY OF LOUISIANA. * AMERICAN DOMINATION. •»> CHAPTER I. CESSION OP LOUISIANA TO THE UNITED STATES — FORMATION OP THE TEItRITORIAL GOVERNMENT OP ORLEANS — PELUNGS OP THE IN- HABITANTS — DEBATES IN CONGRESS. 1803—1804. On the 20fch of December, 1803, the colony of Louisi- ana had passed from the domination of Spain into that of the United States of America, to which it was deliv- ered by Fi'ance after a short possession of twenty days, as I have related in a former work * Its inhabitants, of French or Spanish descent, and almost all the foreigners who resided in the province, either permanently or tem- porarily, were discontented and gloomy. To them the change of government, or nationality, was extremely dis- tasteful, for reasons as various as the habits, tastes, pre- judices, passions, disappointments and hopes of each indi- vidual. A few Americans, who were almost lost in the vast numeiical superiority of the rest of the population, and who had just expectations to profit, in every way, by the great event of the cession, were alone to feel and t9 manifest any degree of exultation. The immediate * History of Louisiana. Spanish Domination. Redfield, Publisher. New York, 1854. 1 I; i : f n ': i' i 1* • f i: i ■• EFFECTS OF THE CESSION. [1804. effect of that cession was to vest all the powers of the defunct government (a sort of Gallic and Spanish hybrid) in Governor Claiborne, until Congress should legislate on the organization of the government of the new terri- tory. Thus this officer, as he informed the inhabitants in a set proclamation, had suddenly become the Governor- General and the Intendant of Louisiana, uniting in his person all the authority severally possessed by those two functionaries under the despotic government of Spain. Well might he be astonished at the strange position in which he was placed ; for he, a republican magistrate, /found himself transformed into an absolute proconsul, in whom centered all the executive, judicial and legislative authority lately exercised, in their respective capacity, by the superseded Spanish dignitaries. Moreover, he was to wield those extraordinary powers in maintaining and enforcing the laws and municipal regulations of Spain, which were to remain in vigor untit modified by the Government of the United States, and of which he was entirely ignorant. Not only were they unknown to him, but they were written in a language with which he was not acquainted, and they were thoroughly impregna- ted with a spii'it completely foreign to his inclinations — to the atmosphere in which he was bom and had grown up to manhood — and to the veiy moral and political training of his mind. Besides, he was to construe and to execute those laws in their application or adjustment to the wants of a population of which he knew nothing. These were circumstances which could not but startle him by their novelty, and by the danger with which they were fraught. Surely it is not to be wondered at, if the colo- nists looked at their new ruler with a jealous eye, and if they awaited with nervous apprehension the course which he was to pursue. He himself must have felt that his situation was such as to require that he should ? »•' 1804.] FEELINGS OP THE INHABITANTS. 3 tax to the upmost all the knowledge, talent, sagacity, prudence and firmness which he might possess, and that no time was to be lost in his giving a decided manifesta- tion of his being gifted with these qualifications. His first measure was to organize the judiciary, and he established, on the 30th of December, 1803, a Court of Pleas, composed of seven justices. Their civil juris- diction was limited to cases not exceeding in value three thousand dollars, with the right of appeal to the Govern- or, when the amount in litigation rose above five hun- dred dollars. That tribunal was also vested with juris- diction over all criminal cases in which the punishment did not exceed two hundred doU^^ and sixty days' im- prisonment. Each of those seven justices was clothed, individually, with summary jurisdiction over all debts under one hundred dollars, reserving to the parties an appeal to the Court of Pleas, that is, to the seven jus- tices, sitting together in one court. , In confirmation of what I have written on the discon- tent existing among those whose allegiance was now to be claimed by the United States, I quote Judge Martin's views on the same subject, as expressed in his History of Louisiana. " The people of Louisiana, especially in New Orleans," says this learned jurist, who came to the territory shortly after the cession, " were greatly dissat- isfied at the new order of things. They complained that the person whom Congress had sent to preside over them was an utter stranger to their laws, manners and lan- guage ; and had no personal interest in the prosperity of the country — ^that he was incessantly surrounded by new- comers from the United States, to whom he gave a deci- ded preference over the Creoles and European French in the distribution of offices — ^that in the new Court of Pleas, most of the judges of which were ignorant of the laws and language of the country, proceedings were car- — »j>--^i j j ,„^< »>imm r i» ij- I;* P ORGANIZATION OF THE TEBEITORY. [1804. ried on in the English language, which Claiborne had lately attempted to introduce in the proceedings of the municipal body, and that the suitors were in an equally disadvantageous situation in the Court of the Last Be* sort, in which he sat as sole judge, not attended, as the Spanish Governors were, by a legal adviser. That the en'ors in which he could not but help falling* were without redress. They urged that, under the former government, an appeal lay from the Governor's decision to the Captain-General of Cuba, from thence to the Royal Audience in that island, and in many cases from thence to the Council of the Indies at Madrid." Thus Claiborne was at the same time the Governor, the intend- ant and the supreme judge of Louisiana. There could not be under the sun a more perfect despotism. It is true that this state of things did not last beyond the time which was strictly necessary for Congress to modify it. On the 26th of March, I8O47 an act was passed to organize the newly acquired province, and to divide it into two parts : the one called " Territory of Orleans," and the other "District of Louisiana," and their executive, judicial and legislative organization was provided for.f But that act was so framed that it proved to be a fresh source of discontent, instead of a healing ointment on festering wounds. The severing of Louisiana into two distinct fragments turned out to be a ver}^ unpopular measure, and was keenly resented by the old population. It had always been a unit in the hands of France and Spain. Now that it was relieved from the burden of its colonial vassalage, and was prom- ised the speedy possession of sovereignty, it should not have been afflicted, in the opinion of the Louisianians, with * Considering that he was administering Spanish laws, which he hardly comprehended, f See the Appendix. Hi f ' 04.] FOWEBS OF OOYEANOB CLAIBOBNE. fcliia odious partition, which was evidently destined, they thought, to diminish their importance, and to retard the advent of that sovereignty which had become the object of their desires. Theymaintai I that Congress had no right to curtail Louisiana of the magnificent proportions which it possessed when ceded, and that it was with those proportions, and not in a state of mutilation, that it was to be received into the Confederacy, as soon as pdssihle, according to the very teims of the treaty of cession. The Louisianians, who had objected to the immense power possessed by Claiborne as Governor, intendant and judge in the last resort, did not think that a sufia- cient guarantee had been given to them by the slight change made in the recent act of Congress for the organi- zation of the Territory. Thus, by that act, the Supreme Court had been made to consist of three judges, it is true, but one of them was sufficient to constitute the court ; so that, according to cii'cumstances, the change might amount only to this : that one man, called " Judge," could dispossess them of their property, tarnish their honor, and hang them &b will, instead of the man for- merly called " Governor." There was another feature in that act which was ex- ceedingly unpalatable. It was the prohibition to import i slaves, except by those American citizens who should I come to settle in good faith in the Territory, with such slaves as they owned in their former domicile. This was looked upon as a blow purposely aimed at the old inhabi- tants, who, by such legislation, were deprived of the means of increasing that manual labor which was so much needed for the development of their resources. It may not be amiss to state that a Convention " for pro- moting the abolition of slavery and improving the con- dition of the African race," had assembled at Philadel- I: If- i !' tllh » . 'I » •• ACT OF 0ONGKE8S ABOUT 8LAVEEY. [1804. phia on the 13th of January, and had called, through "resolutions," submitted to Congress on the 26th of that month, the attention of that body " to the utility and propriety of passing such laws as should prohibit the importation of slaves into the Territory of Orleans." They appealed to the solemn declaration made by the United States, that " all men were born free and equal," and hence they argued, "that our Government could not authorize man to enslave unoffending man." Such was their language. They also urged other magnilo- quent considerations which have become familiar to the American mind, from the persevering zeal with which they have ever since been pressed into the service of ambitious demagogues, or of praiseworthy patriots and philanthropists, according to the different views taken of the subject by their respective friends and supporters. Be it. as it may, on this occasion, the importation of slaves was partially prohibited in conformity with the wishes of the petitioners against slavery. The Louisian- ians were greatly mortified. They thought that it was an encouragement to farther interference, and some pre- dicted that it was but an entering-wedge. There was also in that act a provision which excited the ire of the former colonists. It was one which de- clared that certain concessions of lands made by the Spanish Government were " null and void." This was considered as a demonstration of hostility, and as a threatening indication that something else would soon be forthcoming in violation of what the Louisianians believed to be thair rights and privileges. Afl. intense anxiety was produced by the authority granted to. the President of the United States to appoint " Kegisters and Kecorders of Land Titles," who were to receive and to record all titles acquired under the Spanish and French Governments, and also commissioned to take if '-:, Mhi- 1804.] l.vussat's dispatch. cognizance of all claims to land, and to decide on them in a summary way, and with such proceedings as they might deem best to adopt — which proceedings and decis- ions were to be reported to the Secretary of the Treas- ury, and laid before Congress for their final judgment. The people thought that this was a complicated machin- ery to dispossess them of all their broad and fertile acres. They trembled at the consequences which they foresaw — such as arbitrary spoliations, or ruinous litiga- tion, with an endless train of troubles and vexations which were dolefully predicted to them by those who pretended to read the dark pages of futurity. Such was the state of feelings which prevailed among the former subjects of Spain and France, when the Colo- nial Prefect 'Laussat, who had been the agent of France in delivering the territory to the United States, and who had remained in it several months after the cession, de- parted for the island of Martinique, not without having addressed to his Government some interesting observa- tions, which show that he sagaciously appreciated, to a certain extent at least, some of the results which were to follow from the cession, at no distant time. " The Ameri- cans," he said, " have given fifteen millions of dollars for Louisiana ; they would have given fifty, rather than not possess it. They will receive one million of dollars for duties at the custom-house in New Orleans during the present year, — a sum exceeding the interest of the money they have paid for the acquisition, without taking into consideration the value of the very great quantity of va- cant lands. As to the twelve years during wtich our vessels are to be received on the footing of national ones, they present but an illusive prospect, considering the war,* and the impossibility of our being able to enter into competition with their merchantmen. Besides, all will ^-■■ * The war of France with England. • mwwit^ 8 HIS VIEWS AND PREDICTIONS. [1804. I 'f hi in a sliort time turn to the advantage of English manu- factures, on account of the great facility which this place will exclusively enjoy, from its situation, to supply the Spaiiisli colonies as far as the Equator. In a few years, the country, as far as Rio Bravo, will be in a state of cul- tivation. New Orleans will then have a population of about thirty to fifty thousand souls ; and the new ter- ritory will produce sugar enough for the supply of Noi-th America and part of Europe. Let us not blind ourselves ; in a few years the existing prejudices will be worn off; the inhabitants will gradually become Americans by the introduction of native Americans and Englishmen — a system already begun. Many of the present inhabitants will leave the country in disgust ; those who have large fortunes will retire to the mother-country ; a great pro- portion will remove into the Spanish settlements, and the remaining few wiU be lost among the- new-comers. Should no fortunate amelioration of political events inter* vene, what a magnificent New France have we lost 1 The Creoles and French established here unite in favor of France, and cannot be persuaded that the convention for the cession of Louisiana is anything but a political trick ; they think that it will return under the dominion of France."* It is important to remark, for the better unrlerstanding of the history of Louisiana, in its future developments, that the representative of France seemed to admit the possibility of what he mysteriously and quaintly called " the intervention of a fortui^ate amelio- ration of political events," by which the territory which his country had reluctantly relinquished might be recov- ered, and that the Creoles and the European French re- maining in that territory thought that the cession was a " political trick," and that they would return " under the dominion of France." * Martin's Histoiy of Lonisiaiut, 2d vnl . n. 3M. '^\il 1804.] LAUSSAT'S DISPATCH. Before his departure, Laiissat caused to be distributed among such of the inhabitants of Louisiana as had shown themselves most zealous in favor of the French Grovem- ment, as a feeble testimonial of the satisfaction and good- will of that Government, seven hundred and sixty-five pounds of powder, which, " being French," he said," was much appreciated by the inhabitants, who are ardent sportsmen."* In another dispatch, he gives the most graphic descrip- tion of the condition in which he leaves the ceded prov- ince, and comments harshly on the organization of the territorial go\»emment, which was to go into operation on the Ist of October, in compliance with the act of Con- gress passed on the 26th of Maich. He a^io reflects in no measured terms on the blunders which he attributes to the agents of the new proprietors of Louisiana, in taking possession of their magnificent acquisition. "The Louisianians," he writes, "have seen themselves, with much regret, rejected for the second time from the bosom of their mother-country. At first, cJn their being made aware of that event, their interpretations of the cession and their comments on it showed but too clearly the extreme bitterness of their discontent. In this dis- position they were secretly encouraged by the Spaniards, who, besides, were marvelously a'ssisted by. the natural antipathy which the Louisianians entertain for the Americans. "Nevertheless, on the approach of the change of domi- nation, partly from the love of novelty, pai-tly from the hope of those advantages which were depicted to them, and perhaps also from a forced resignation io a fate which they could not avoid, they had become tolerably well disposed toward passing under the Government of the United States. * duuneiirs paasionn^B. . See the Appendix. , I:i to AFFBAY8 AND TUMUI4T8, [1804. ■'I \ ( i f a .>» ; !i ! "1 i. " But hardly had the agents of that Government taken the reins in hand, when they accumulated errors on er- rors, and blunders on blunders. I will refrain from enumerating them in detail to Your Excellency, Citizen Minister, but I will only, in a few words, mention the loading characteristics of their administration, such as the sudden introduction of the English language, which hardly anybody understands, into the daily exercise of public authority, and in the most important acts of private ILe — the affirays and tumults resulting from the struggle for pre-eminence, and the preference shown for American over French dances at public balls — the invasion of bayonets into the halls of amusement and the closing of the balls — the active participation of the American General and of the Governor in those quarrels — the inconsiderate proceedings which ensued — the revolt- ing pai'tiality exhibited in favor of native Americans or of Englishmen, both in the audiences granted by the author, ities and in the judgments rendered — the marked sub- stitution of American to Creole majorities in all adminis- trative and judicial bodies — the arbitrary mixture of old usages ivith new ones, under the pretext of a change of domination — the intemperate speeches — the injurious precautions — the bad advisers* — ^the scandalous orgies — ^the savage mannera and habits — ^the wretched appoint- ments to office- -what more shall I say, Citizen Minister ? It was hardly possible that the Government of the United States should have a worse beginning, and that it should have sent two menf more deiicient in the proper requi- sites to conciliate the -hearts of the Louisianians. The first, with estimable qualities as a private man, has little intellect,]; a good deal of awkwardness, and is extremely beneath the position in which he has heea placed. The * Mauvais entourage. f Governor Claiborne and General Wilkinson, f Peu de moyeuB et.beaucoup de gaui^a^e. [1804. UNPOPULABITY OF THE OESSIOX. Ill second, who has been long known • here in tlie most unfavorable manner, is a rattle-headed fellow, fiill of odd fantasies.f He is frequently drunk, and has com- mitted a hundred inconsistent and impertinent acts. Neither the one nor the other understands one word of French, or Spanish. They have, on all occasions, and. without the slightest circumspection, shocked the habits, the prejudices and the natural dispositions of the inhab- itants of this country. The gazettes of Philadelphia have lately published, I do not know by what mistake, a confidential dispatch of Governor Claiborne to President Jefferson, in which he speaks of the Louisianians as of ignorant but kindly disposed beings, in the treatment of whom everything could be dared with impunity, and who, unable to appreciate the value of the Aiaerican institutions, are not susceptible of self-government. j "As if it were to driv^j them into extremities, copies of the late act of Congress to organize the Territory have recently been brought to their perusal. ...... Your Excellency might hear on all sides the i-i,terance of such sentiments as these : * Is it in this way that we are secured the benefits that were to result to us from the cession of Louisiana by Franee? Are these the liberties of which she seemed to have guarantied tc us the pres- ervation by an express clause of the treaty ? Is it thus that she calls us to the enjoyment of the rights, advan- tages and immunities of citizens of the United States V " Laussat further speaks of the excitement as being so intense, that, at night, placards, in which insurrection was openly preached, were put up at all the corners of the streets. Crowds gathered round and copied them, pre*? venting also their being torn away. Even public officers who attempts it wwe driven off. In the country, par-^f imm r-"* 1* Connu id de longae main socui d^ vjlaiii^ rapports, f Un brise ralson & boutadeo. '' ^' 'W7T ' !1 ,;ii ";i. H, l- i* :.;:'tf if f ,; h , if' !l ■ I'li- ; ■ f r « I ' It ■;, m' in. I! ill;: li * • ; .hfli 12 LAUS6AT8 DISPATOII, 1804.] ticularly in the districts of the Attakapas and of the Opelousas, which were the most populous, and which, says Laussat, " had always distinguished themselres by their ardent love for France," the dispositions which were manifested were not more favorable. " I contented myself," continues Laussat, " with observing everything in silence, or if I was provoked into breaking it at all, I did 80 by speaking in favor of the treaty of cession, and by representing that henceforth it would be impossible to do away with such an act. It is what the Louisian- ians absolutely refuse to be convinced of. They com- placently feed on the idea that the First Consul has merely yielded to temporary circumstances, but that when peace shall come, and when he shall have humbled the insolence of Great Britain, he will recede from the treaty of cession. They arrange this political question in their own way, and they firmly adheie to what they have thus settled in their own minds. They make no concealment of it ; they have expressed on the subject their sentiments to me, and also to the Governor, and to the American General " With regard to myself. Citizen Minister, I am very far from having such a belief. It is a dream, which I do not rank among the things which are possible. I think^ on the contrary, that Louisiana being once emancipated from her colonial fetters, it would be unnatural to expect that she should ever willingly resume them and give up her new position." He then asserts that the animosity which prevailed at the time against the Government of the United States would soon die away, unless unskillfully kept alive by the faults of the Administration. " These people," he added, "are natiu-ally gentle and docile, although touchy, proud and brave. Besides^ they are few in number, and scattered about, without experience, and 1804.] LAU88AT8 DISPATCH. t$ without any rally ing-point. The Spanish Government made it its policy, to keep them entirely disconnected with public aifairs, which it has accustomed them to consider with indifference, and even with a sort of abne* gation. The. Louisianians will not for a long time re- cover fcom such a traiidng, and in the mean while they will gradually make up their minds to their change of circumstances, because, although their new chiefs should go astray and commit blunders, yet there are advan- tages inherent to the Constitution and to the situation of the United States, of which it is impossible to pre- vent these people from experiencing the salutary in- fluence. " But, on the other side, if this country is entirely abandoned to the impulsion which will be given to it, I consider it from this time as no longer existing for France. The Americans in general detest us. Those amongst them who have the least of English nature in them, are more English than French, notwithstanding their hypocritical and pompous protestations. There is not a day on which they have not proved it to me here. Add to t^is disposition on their part the temptations offered them by the resources of English commerce. There is no doubt that Louisiana is a vast field which England will work to its own profit This probable turn of affairs might be counteracted by the innate attachment and the natural sympathy of the Louisianians for France, but one of the most prompt effects of the change of domination will be a complete revolution in the elements composing the population of this country. In less than ten years the greater portion of what is now considered as private property will have changed hands. Cause will be given to the old colonists to be disgusted with their new condition ; they will be set iiside, expropriated and expelled. The Government 4J •■!! I I'' I" -I I r'.. :.i i'.l(M • !i H » t • ■|i«!i! I .. i(l 4 1. 'ill 1? ,,,|N!1 14 8i:CE.S!SloN OF TIIH WEtiTEUN STATES. [1804. of the IFiiited Stutes in not blintl to the fact that Lower I/>uiHiana is the \niy which Huswera for tlio security of thcfir iinoHt and most extensive pos.^esHions. They will have no rest until they Hhall have succeeded, either by open force, or by secret and hkillful contrivances, in put- ting that key in the hands of full-hearted and full- blooded Americans. " If our Government should ever look back to this country, it shouhl be, in ray opinion, only with a view of entirely detaching the Western States from the rest of the Confederacy. Such a scheme, far from lieing ex- travagant, would have, on the contrary, innumerable chances of success. Time alone will one day bring on this scission. But what is important for the French Re- public is, that this scission be operated under the pro* tection of France, and whilst generations of Frenchmen and French spirit retain their ascendency in these regions. The consequences of such a revolution jyould then turn infinitely to the advantage of our nation, and Louisiana, in such a state of political independence and filial alli- ance, would be to France of a far more inestimable value than the most important colonies." To those who may become familiar with what 1 have related in my work on the "Spanish Domination in Louisiana," and in the preceding pages, and with what I shall recite in the sequel of this history, the famous Buit conspiracy, which was to convulse the public mind two years after, and which has remained to this day a mooted mystery, may not appear an altogether baseless fabric. General Wilkinson, who was destined to act in it a conspicuous part, and who had been commissioned, jointly with Claiborne, to take possession of Louisiana, departed a short time after Laussat, and sailed for New York, leaving the few companies of the United States troops which he hri brought with him, distributed at 1804.] THE LOUTBIANA BANK. 15 the following points : Xow Orleans, Natchitocbea, Poiuto Coupee and Fort Adams. Nothing if raore apt to produce discontent in any community than the want of a circulating medium ; and where discontent exists from any other liources, nothing is more powerful in contributing to bring it to its climax than this ver}' cause. So it was in Louisiana at that time. The distress in the province had become very great IVom the scarcity of money. The flow of silver from Vera Cruz, which was so refreshing under the Spanish Government, had ceased with the change of do- minion, and Spain showed no prompt disposition to re- deem a large quantity of paper which she had set afloat in the late colony under the name of " liberanzas," and which had fallen into considerable depreciation. It be- came necessary to find a remedy for the evil, and Clai- borne sought it in the establishment of a bank styled <' The Louisiana Bank," with a capital which was sus- ceptible of extension to two millions of dollara Were the people pleased ? Not in the least. On the contrary, this measure excited lively apprehensions. A Bank! Such an institution was entirely new to them. Many thought that it would turn out to be nothing else but legalized robbery. Was it not to issue paper money, and had they not already greatly suffered ftom the deprecia- tion of French and Spanish paper ? What better results could be expected fr6m American paper ? They believed it to be the renewal of what the *' assignats" had been in the worst times of the French Republic. Hence the general impression was, that the country would be ulti- mately ruined, rather than benefited, by the newly de- Prised plan of relief. The militia, which was quite a respectable corps under the Spanish Government — ^which Laussat had partially, and with considerable difficulty, succeeded in keeping 16 CONDITION OP THK MILITIA. [1804., :.r..ii ,, t ■. :,ll ^.j. *:•; ■li' 'I'H together — and which Claiborne had been attempting to retain in existence, had at last become entirely disorgan- ized. On the other hand, most of the individuals who were flocking from all parts of the United States, had eagerly formed themselves into companies of various de- nominations, under the cheerfully granted patronage of Claiborne, who hoped that it would stimulate some of the natives to enroll themselves. But such was not the case. They stood apart, and looked with sullen displeas- ure on the new military associations, of which they were keenly jealous. Resenting the conduct of the late colonists, the Americans showed perhaps a want of policy in parading, more than was necessary, through the streets of New Orleans, with ostentatious display, and with what was thought to be an expression of defiance. The dissatisfaction was increased, a more marked estrange- ment from the new order of things ensued, and a line still more distinct was drawn between the two populations. But these causes of discontent paled before those which arose from the 4th section of the act providing for the temporary government of the Territory of Orleans. By that section they were flatly denied any participa- tion whatever in that government, as the members of their Legislative Council were to be annually selected by the President, and as all the other civil and military officers were to be appointed either by the President or by the Governor, who were authorized to choose them, if they should deem it advisable, from among those who had resided only one year in the province, and who were therefore utter strangers to the old population.* Thus it is seen that Congress was then very far fi'om suspect- ing that there coul(J exist any sovereignty whatever in •; I ■ : (• f'fl ^(11 fjiijlf 'i * As to the Legislative Council, that body could not even take the initiative in legislation, but was only to deliberate on such subjects as might bo laid be- fore them by Claiborne, 1804.] PUBLIC MEETINGS. 17 territories, not even that squatter sovereignty which has since become so famous in the vocabulary of politicians. At last, the dissatisfaction rose to such a pitch that it manifested itself in open and public acts. In the name of some of the most influential merchants of the city and of the wealthiest and most respected planters in its neighborhood, a public meeting was called for the Isfc of June, in which it was unanimously determined to apply to Congress for the repeal of so much of their late act as related to the partition of Louisiana and the re- striction on the importation of slaves. It was further resolved to ask for the immediate admission of Louisiana, in its original entirety, into the Union, in accordance with what was deemed the obvious intention of the treaty of cession. A committee was appointed to prepare and submit to the next public meeting the draft of a memo- rial to Congress. That committee was composed of Jones , and Livingston, Atnericans, Pitot, a Frenchman, and/ Petit, a Creole. The second meeting, which was held in the beginning of July, was much more numerous than the first, and an enthusiastic approval was given to the report of the committee. Twelve individuals were cho- sen to circulate copies of it in the parishes and to pro- cure the signatures of the 'most notable inhabitants, without forgetting, at the same time, to collect voluntary contributions for paying the expenses of the deputies who were to be sent to Washington City with their list of grievances and their memorial for redress. The last and third meeting took place on the 18th of July. A deputation of three was resolved upon, and its members were: Derbigny and Sauv6, European French, and Des- tr^han, a native of Louisiana. It is evident that, in this choice, the Louisianians were guided more by their sense of outraged dignity and violated rights, than by prudential considerations of |K>lioy. Violent prejudices 9 mi % >»■'. ■■.■ :Vi f' ■J-B, mm ■"«;'. '■jm. i m. iii> ' •i'l; ...... ■■'if'iii; ><\ . . I, »^. /! I' " i< Mil! m. mm ^ -.1: -'u : iM' i.', til iri ■.'■ i, ' . M 18 INSUBBECnON ABOVE HANGHAO. [1804. were to be reinoved ; and in order to obtain this object, three deputies, with French habits, French minds and a French tongue, could not be called a judicious selection^ In the mean time, if the inhabitants below Manchac, and on the right bank of the Mississippi, were adverse to the change which had taken place in their destinies by the transfer of their allegiance from the French flag to the flag of the United States, the population of that dis- trict included in the present parishes of "West and East Feliciana and of East Baton Kouge, being of English descent, and composed of settlers who had originally come from the old Thirteen States, were extremely anxious for annexation to the kindred race from which they had been severed, as Spain still retained possession of the territory in which they lived, and refased to ac- knowledge that it was comprehended within the cession. They were incensed at the omission, on the part of the commissioners of the United States, to claim them as an integral portion of the recent acquisition, and at their abstaining to enforce that claim by physical means if necessary. In the hope of giving a pretext for an inter- vention in theii* behalf, or under the belief that they could achieve for themselves the liberation which they desired, they raised the standard of revolt against the Spanish authorities ; they assembled to the number of about two hundred men, and resolved to attack the Spanish fort at Baton Kouge. But it was an ill-con- certed scheme; some disagreement took place among the leaders, who had to give up the enterprise, and who took refuge across the line in the Mississippi ter- ritory. Such of their followers as relied for protection on their obscurity, or insigniflcancy, returned peacefully to their respective homes.* * The represeion of this inBorrectioo cost the Sftanish Government a pretty eonsldenble outlay. As soon as the news reached Pensaoola, Oovemor Folcli f|f[t' ti^ 1804.] EEMPEB AND HIS FOLLOWERS. 1# This insurrection had been preceded by one which had been headed by Kemper, one of the most redoubtable enemies of the Spaniards. To compel the release of some of his friends imprisoned by the Grovernment which he hated, he had seized the persons of Don Vincente Pintado, v a militia captain, and of the Alcalde Juan Ocono, and was threatening to attack the fort at Baton Rouge. Order was restored without bloodshed by the prudence and firmness of the ex-governor of Louisiana, Marquis of Casa Calvo, who was still lingering in the territory, and who sent troops and an armed vessel to the seat of these disturbances.* On the Xst of October, the territorial government which had been decreed by the act of Congress of the 26th of March, went into operation, with Olairbome as Governor, and Brown as Secretary. Bor6, Bellechasse, Cantrelle, Clark, De Buys, Dow, Jones, Kenner, Morgan, Poydras, Roman, Watkins and Wikoff had been appointed metnbers of the Legislative Council by the President. Duponceau, a Frenchman, who subsequently obtained great celebrity in Philadelphia as a jurist, Kirby, and Prevost, a stepson, I believe, of Vice-President Aaron Burr, were appointed Judges of the Superior Court. D. Hall, an Englishman by birth, was commissioned District Judge of the United States, with Mahlon Dickens as District Attorney, and Lebreton D'Orgenoy as Marshal Duponceau declined, Kirby died, and Prevost opened the first territorial court, alone, on the 9th of November. departed at the head of 160 men, of infantry and cavalry, and. soon reached Bayou Manchae through the lakes. But he found that tranqniuity had been restored by the effi>rts of Governor Qrandpr^. (See the dispatch of Intendant Morales to Miguel Cayetano Soler, one of the Spanish ministers, dated New Or- leans, Sept. 26th, 1804, and also the same to the same, October 81st, 1804. State Archives, Baton Bouge.) * Morales to C»yetano Soler, 19th Aogost, 1804. State Airehiveg at Baton Bouge. ■:'l'"; mil iltri;^' l"'Jl^i i'i ,:? ^.itf' 20 OPPOSITION TO THE GOVEENMENT. [1804. Bor6, Bellechasse, Jones and Clark had been the leaders of the opposition which had arisen in the territory ; they had acted the most conspicuous part in the meetings of the inhabitants ; they had been the most zealous in stim- ulating their fellow-citizens to remonstrate against 'the form of government which had been forced upon them ; they could not, therefore, with any consistency, aid in establishing that very government against which they had protested, and they declined accepting the proffered seats in the Legislative Council On the 8th of October, Jones wrote on the subject to Governor Claiborne a very spirited letter, in which he said : '' I cannot accept of any office under a law of which I have, from the beginning, so openly expressed my disapprobation, and which, for the happiness of my fellow-citizens, forgive me if I add, for the honor of my native country, I ardently wish to be annulled. " When calm reflection shall have taien the place of passion and of party spirit, I flatter myself that my con- duct on the present occasion will be approved. I was bom an American. I glory in the name. In defence of that happy land which gave me birth my life and my fortune shall always be staked, but I cannot consent, for any consideration, to do an act which I think subversive of the rights and liberties of my fellow-citizens." This refusal to take their seats, on the part of these gentlemen, had considerable influence on the other mem- bers, who held back in dubious suspense, without declin- ing, but without accepting. Two months nearly elapsed, and no council could be formed, notwithstanding the incessant OTorts of Claiborne to soothe and conciliate the refractory tempers he had to deal with. What was to be done in this perplexing emergency ? It happened that the President, not knowing the first names of the persons whom he had selected, had contented himself 1804.] JUDICIAL ORGANIZATION. with designating them by their surnames, and had sent blank commissions to be filled on the spot. Claiborne, thinking himself authorized by the necessity of the case, and anxioas to avoid the mischief which would have resulted from fui-ther delay, assumed the responsibility of appointing Dorci^re, Flood, Mather and Pollock in th6 place of the four gentlemen who had declined the President's appointment.* "In this way a mere quorum was obtained on the 4th of December.f The Territory was divided by this Legislative Council into twelve counties, with an Inferior Court for each, composed of one judge, and the practice therein was pro- vided for, as well as in the Superior Court. Suits were to be instituted by a petition in the form of a bill in chancery. These words, " A bill in Chancery," grated strangely on the ears of the old inhabitants of Louisiana. What was meant by chancery ? What was a bill in chancery? The attempt to enlighten them on the subjiBct would have been ludicrously futile; hardly any one would iiave understood the explanation, and no ex- planation or instruction was sought, or given. The definition of crimes and the mode of prosecution in crim- inal cases, according to the common law of England, ^ Martin's History of LouiBiana, p. 253, 2d vol. f Jiilien Poydras, of Pointe Coup6e, one of the most influential and wealthiest men in the Territory, had greatly contributed by his eflPorts to the formation of tha Council. In his letter of a6ceptance to Claiborne he had used this lan- guage : " The President of the United States having" appointed me a coim- cilor, I conceive it a duty to accept. If those who have great interest in the country should decline serving it when called upon, their conduct would be unwarrantable. I could offer many plausible excuses, such as age, insufficiency of talents, self-interest, &c. tBut in so doing I should not act the part of a patriot. A beginning must be made ; we must he initiated into the sacred duties of freemen and the practices of liberty." This reasoning, however, had no influence on Cantrelle, who also refused a seat in the Council. Commenting on the course pursued by Poydras, Governor Claiborne said : " His acceptance is a fortunate occurrence, and his conduct and reasoning form a happy contrast to the part acted by Jones, Clark and others." ■f h u\. 22 ADOPTION OF LAW8. [1804. ift'! {.;. m H ^ A were adopted, and were not more intelligible to the people. Common Law 1 What waa it ? They were told that it was " unwritten law." Unwritten law I That, indeed, was something new under the sun for those who had always been governed by precise laws, regulations and or- dinances I How could law be unwritten ? Where was it to be found ? They were answered, it was " that law which di'awsits binding force .from immemorial usage and universal reception in England." Is it to be wondered at if fhey shook theirs heads in utter bewilderment ? But when it was added, for a clearer elucidation of the matter, that they might, if they pleased, take it to be " a body of rules, principles and customs, which derived their authority and sanctity iTom their filtration for centuries through the thick strata of successive British generations, and which, originating in natural justice and equity, or local customs, were only to be evidenced by the records of judicial decisions scattered through liundreds of vol- umes written in a language which they did not compre- hend, the only distinct impression which such an expla- nation left on their minds was, that the common law was the most unfathomable of all laws, and some mysterious and complicated engine of oppression, which would cer- tainly be used to their detriment. They much better understood the provision which was made for the in- spection of flour, pork and beef. They also understood the charter of incorporation which was given to the city of New Orleans, and other acts relating to the formation of a public library and to the establishment of naviga- tion and insurance companies. The creation of a uni- versity, which was intrusted with th^ locating of schools in each county, was also within their comprehension ; but as no appropriation of funds was made for those seminaries of learning, the people were sadly puzzled to discover how the views of the Legislature were to be f f :' " 1804.] GOYEBNOB OLAIBOBNE. 23 or carried into execution for the education of their children. Some may have thought that the " Common Law," in its amplitude, had provided for the statutory omission, and that some relief for the projected schools might he found in a " chancery bill." But vain was the hope, if it ever existed ; and this first attempt to educate the population proved an absolute failure. The Council adjourned in February, 1805, after having appointed a committee to prepare a civil and a criminal! code, with the assistance of two professional men, foij whose remuneration five thousand dollars were appro- priated. A moderate remuneration for such a work, if worthily done ! After this sketch of the proceedings of the Council, it will not be out of place to make a rapid review of the acts of the Governor. As before stated, the new terri- torial organization went into operation on the 1st of October, and Claiborne was sworn into office* on the 3d of that month, by Pitot, mayor of the city. On that very day, giving information of the fact to Mr. Madison, Secretary of State, he said, " Mr. Brown, Secretary of the Territory, is at Natchez, and does not propose adventur- ing into New Orleans until about the close of this month ; and I think this is a very wise precaution, for the city is not yet free from that dreadful scourge, the yellow fever." In the proclamation which he issued a few days after, to convene the Legislature, he used this language : "In the course of my late administration, which, from a variety of circumstances, was accompanied with peculiar difficul- ties, I received from the officers, civil and military, a zealous and able co-operation in all measures for the public good, and from the people in , general an indul- gence and support which encouraged harmony and in- * Claiborne's dispatch to Madison, on the 8d of October, 1804. ■ It.''* 'f\. Ill, ,; .■''» • 1 •ll(,''f I. J. if 'lit. m| 1. If !!';(••■ f 24 SPANISH INTRIGUES. [1804. sured the supremacy of the law." This document must have been very acceptable to the Lonisianians, for it put them in poRsession of a direct official contradiction, proceeding from the best and most authentic source, of those offensive suppositions and apprehensions which had been entertained against them by that Congress who had voted the odious territorial organization to which they were to be subjected after the 1st of Oc- tober. On the 18th of August, Mr. Madison had written to Claiborne* that the continuance and conduct of th^ Spanish officers at New Orleans justly excited attention ; that, in every view, it was desirable that those foreign- ers should be no longer in a situation to affront the au- thority of the United States, or to mingle by their in- trigues in the affairs of the Territory ; and that the 1st of October, the day fixed for the inauguration of the ter- ritorial government, would be an epoch which might be used for letting it to be understood that their stay, so much beyond the right and the occasion for it, was not seen with approbation, leaving the mode and man- ner of the intimation to the discreet judgment of the Governor. In answer to this communication, Claiborne wrote on the 5th of October : " There is no doubt with me but that the Spanish officers encourage the discon- tents which arise here," and or tha 9th he hasten edf to communicate to the Marquis of Casa Calvo the instruc- tions he had received from the Secretary of State in re- lation to his desired departui'e and that of his followers. An able pamphlet, J written in French, and entitled' * State Archives at Baton Rouge. f State Papers at Baton Roujro. ^ EsquisSc de la situation politique et civile de la Louisiane depuis le 80 Novembro 1S03 jusqu'au ler Octotre 1804, par un Louisianais. Diverse interciL miscentur mtenia Luctu. Virg. ^neid. A la Nouvelle Orleans, de I'imprimerie iu T61egraplie, chez Beleurgey et Ronard, rue Bourbon. I , ■ 1804.] A POLITICAL PAMPHLET. 25 " A Sketch of the Political and Civil Situadon of Louisi- ana from the 30th of November, 1803, to the Ist of Oc- tober, 1804, by a Louisianian," had been widely circula- ted, and had produced so great a sensation, that Claiborne thought it of sufficient importance to make it the subject of a special communication to Mr. Madison. This pamphlet contained an almost complete review of all the grieveances of which the Louisianians complained, and the tone of moderation and conviction in which it was conceived added to its force and effect. It attacked Unsparingly the conduct of the American Government and some of the acts of Claiborne. But, at the same time, it spoke respectfully of that magistrate'^ character, and rendered unequivocal justice to his integrity and to the purity of his intentions. This is the more remarka- ble, from the fact that the excitement then prevailing among all the classes of that population for whose peru- sal it was intended, had been carried to its utmost point of intensity. Claiborne's communication* to Madison is an elaborate vindication of himself against the charges specified in the*pamphlet, and if not a refiitation, it is at least a positive denial of many of the assertions con- tained in it, and in a document of which, however, he was ignorant, — ^that is, the dispatch of Laussat to the French Government on the state of the late colony, and which is inserted in the preceding pages. Claiborne's defence seems imbued with the spirit of a man who is conscious of having done nothing but what was right ; and in perusing it, the reader can hardly refrain from coming to the conclusion that the Governor, whether correct or not in his views, was at least in earnest, and believed every line which he wrote. On the 19th of Octobe-^, as an instance of the inflam- % * Claiborne to Madison, 16tb of October, 1804, p. 8 of tbe Exeeutive Journal at Baton Roitge, vol. 1. ■ "" - » , - •— ■ n-^—t'- ' 26 POPULAB EXCITEMENT. [1804. 'i'";ki|>» \ . I. . " ' .1 '■::':l| . .. '''!M 'li; ii:. ■, i" ^Ilt t ,;? • •;?! mable temper of the population, Claiborne infonned Madison that a private uffair — the caning of a French- man in the street by an Englishman — had nearly pro- duced a very serious affray, in which the Americans had sided with the Englishman, and the French or those of French extraction with his adversary. " This city," he said, " requires a strict police ; the inhabitants are of various descriptions, many highly respectable, and some of them very degenerate. Great exertions have been made (and with too much success) to foment differences between the native Americans and the native Louisian* ians — every incident is laid hold of to widen the breach, and to excite jealousy and confusion — the in- trigues of certain late emigrants from France, and some of the satellites of the Spanish Government, have tended considerably to heighten the discontents in this quarter. Everything in my power^has been done to counteract these intrigues, out with little success. The fact is, that the affections of many of the Louisian- ians for their mother-country are warm, and others seem attached to the Spanish Government. I haVe to complain also of some of the native Americans ; they are rash, and very imprudent. The newspaper publications likewise add to my embarrassments ; they give inquietude to the Louisianians and trouble to me. The present state of things here mortifies me excessively, but I hope that good order will be preserved, and harmony soon restored. These objects shall constitute my first and greatest cares." Another of his communications to the Secretary of State at Washington, dated on the 26th of the same month, contains these sagacious observations : "Although there has been much discontent manifested in New Orleans and its vicinity, yet I do not believe that the disaffection is of a serious nature, or that it is ex- tensive. That some difficulty should attend the Intro- 1804.] OOYEBNOB OLAIBOBNB S VINDICATION. duction of American governmient and laws, was to hav"? been expected. On every change of dominion, discon- tents) more or less, invariably ensue ; and, when we take into view the various and rapid transitions and transfers which have taken place in this territory, we may indieed felicitate ourselves on the great share of good order which has been preserved. The most arbitrary govern- ments find advocates, and the most unprincipled iespot is seldom without friends. When despotism leigns, silence (produced by fear) is received as the test of con- tentment, and a tame submission to injustice as proof of the public sanction. Had an administration, rigid, coercive and unjust, been introduced into the ceded terri- tory, under the authority of the United States, I am per- suaded there would have been less murmuring, and a delusive appearance of popular approbation. But under a mild and just government, which admits of freedom of speech and of opinion, the man, indeed, must be little acquainted with human nature who would expect to find in Louisiana union in expression and sentiment." On the next day, in another communication which he intended to be in justification of his course of adminis- tration, he observed : " My object has been to»avail the public of the services of the w^U-informed and deserving citizens, and as there are many native Americans of this description residing in Louisiana, it ought not to be a matter of surprise that some of them should have re- ceived offices. The ancient Louisianians hold as many appointments as their numbers and qualifications entitle them to, and therefore they ought not to complain." ? On the 3d of November, Claiborne received the in- formation that a vessel, with neai* two hundred French- men on board, who had been prisoners of war to the British Government, but who had successfully risen against their captors on the high seas, had entered the nil mi h , ;.it; :■ ■'i |{„.:.,l'!i! i .H'l »'H!'' ill I , '"■ '.[ ''IP ■.*•.: ... ... i! I .. . ■ •!• H ^ »■ . • it M- 28 TWO HUNDRED FBENOIIMSN OBI ilKED AWAV. 1804. Mi88iHHip[>i, with the deflign of coining up to New Oi- • leans with their prize.* He imtnecliately wrote to Capt. Samuel Davis : " If this ntatement be correct, no retiige or shelter can be given in any port of this Territory to the said vessel, and slie must depart as soon as possible. You will therefore proceed immediately to Plaquemine, where you will find that vessel detained, and ascertain how far the statement made to me be true. If you find that the vessel is a prize, or that she was captured in the manner described, you will hand the letter herein in- closed to the person who shall appear to have command of said vessel, and urge her immediate departure." On the sanae day, giving information of this fact to Madison, he said : " I determined that, under the treaty, it would be improper to permit this vessel to find an asylum here, and I was further convinced that the sudden arrival of so many Frenchmen in this city (whose habits and situation are not, probably, calculated to render them useful members of society) might disturb the harmony of our community." - But Claiborne's intentions were completely defeated. The two hundred Frenchmen who had captured the vessel had no idea of going back to sea in her, and many of them deserted, her and found their way to the city. Finally, she and her cargo were seized by the U. S. Marshal at the request of British claimants, and the case had to be adjudicated upoi . by judicial authority. ' As to those Frenchmen who had thus made their escape, Claibjrne wrote to Madison, " that they had already proved themselves unworthy members of society, and that he was therefore the more desirous to prevent the men remaining on board from landing." f The arrival of those two hundred Frenchmen with * Claiborne to Davis, 3d November, 1804, p. 21, Executive Journal, vol.,1. f Claiborne to Madison, 15th Nov., 1804, p. 37. Do. Ift04.] OABOIA AND HOBOAN. 29 •*i the vessel " Hero," which they had captured, to the great contentment of the Louisianians, who had no friendly feelings for the English, had produced some degree of agitation, which was greatly increased by another in- cident. On the 15th of November, the Sheriff, Louis Kerr, had received an order from the Superior Court to hold to bail Captain Manuel Garcia, a Spanish officer, at the suit- of D. B. Morgan, in the sum of six hundred dollars and upward. Morgan was a native citizen of the United States, and had been for some time past em- ployed as a surveyor for Spain in West Florida. For some cause or other he had been arrested by the Spanish authorities on Spanish ground, and with the property in his possession had been put on board of a Spanish galle}' commanded by Garcia and bound to Pensacola. On her way down the lakes, the galley anchored at the mouth of Bayou St. John, from which Morgan made his escape to New Orleans. On his arrival, he applied to Folch, the Governor of Florida, who was then in New Orleans on his way to Pensacola, in order to obtain the restoration of his property, which was detained on board of the galley. But his application not having been at- tended to, Morgan had recoui-se to judicial process igainst Garcia, who also happened to have come to the city, and against whom a writ was issued. This Spanish officer, on his being waited upon ,by the Sheriff, refused to be taken into his custody, or in lieu thereof, to give bail, although several gentlemen offered to go security for him. He declined their services, on the ground that such were his orders from his superior officers, and de- clared that he would submit only to force. He requested, however, the Sheriff to await the arrival of Govenior Folch, whom he had sent for and expected every moment. To this {he Sheriff gave his assent ; but Governor Folch, being confined to his room by indisposition, sent his son, 30 ARREST OF GAROIA. [1804. 1,1. •'M' ■■;'t.,'. (•II. u ;,, who directed Captaiu Garcia not to give bail, and to resist by force any attempt to remove him fi'om the house in which he was. This youth was excited, and in giving these orders, used some intemperate language. By this time the room in which this scene took place had become crowded, principally by Spaniards, many of whom were armed. The Sheriff was about ordering in a few men whom he had left in the street, when he was entreated to desist a few minutes longer, and to see Governor Claiborne, the Marquis oi Dasa Calvo and. Governor Folch, between whom it was presumed that this affaii* could be amicably arranged, on the plea that, in virtue of Governor Olaibome^s permission to the Spanish officers generally to pass through the ceded territory from Baton Rouge to Pensacola, Captain Garcia thought himself protected by the law of nations and the good faith of the American Government from arrest. Leaving Garcia in the hands of his friendS) the Sheriff' called on Judge Prevost, and related to him the circumstances of the case. The Judge's stern answer was, that the writ must be executed, or that the Sheriff would have to abide the consequences of its non-execution. This officer, therefore, had nothing else to do but to obey, and on his way back to Garcia's house, being informed that a large concourse of people, at least two hundred in number, had gathered round it in a state of great excitement, he thought it advisable to add to his constabulary escort the reinforcement of a corporal and three men whom he took from the guard- house. But on his making his appearance where Garcia was, swords were drawn by his opponents, and he found himself too weak to effect the arrest which he had contemplated. Finally, Garcia surrendered to a detach- ment of the LTnited States troops commanded by Lieu- tenant Wilson.* ' • L. K6rr'B report to Claiborne, 17th Nov., 1804. Executive Jour., p. 29, vol. 1 . 1804.] CA8A OALVO'S COMPLAINTS. 01 , The Spanish authorities were mucli excited by this outrage, as they considered it, and the Marquis of Casa Calvo wrote to Governor Claiborne a letter, in which he expressed his feeling of indignation, and maintained that Captain Garcia could not bfwmade liable on Amer- ican territory for what he had done by the command of his superiors in the Spanish dominions. Claiborne was no less irritated by the tone assumed toward him, and returned, on the 16th of November, this spirited an- swer to Casa Calvo : " I have read with respectful atten- tion your Excellency's letter of this evening, and in reply I have only to state, that the- Spanish officer you allude to is in arrest in virtue of a process regularly issuing from the Superior Court of this territory. Upon what grounds it may have been issued, or how far it may have been irregular, it is not within my province to inquire. The powers of tbe Judiciary are derived immediately from the General Government of the United States. The court is independent, and not subject to my coniiol. .If the arrest of the officer be illegal, the court will cer- tainly direct his liberation on a proper application to that effect. I cannot perceive in this transaction any just cause for the agitation which has been discovered (HI the part of your Excellency, and of Governor Folch. In a verbal message to me from your Excellency, expres- sions are conveyed derogatory to the Government which I represent, as well as personally offensive to me, and I learn with regret that Governor Folch has used lan- guage equally exceptionable. Your Excellency can easily conceive my feelings on receiving such communi- cations. No threats of this nature, you may be assured, can induce me to swerve from my duty ; and permit me to add, that the power does not exist whicli can shake the authority of my country over this territory." A long correspondence ensued on the subject between I ^- w i i i % flit "'Mi, 't .■hi 111. '.';' ill H £■,:■ '-i -If '"■ ■ rf '1' tilt I'.' f,„' if'': . , M ■ '■■ :!' ■fc.;' ■' ■ ' ff .•■,.■■ •v> I' 'l^ .' ''i '[.*:.. ■ , . 'i m it f P ^Pt GLAIB0BJ!4E'3 answers. [1804. Casa Calvo and Claiborne, and it was at last agreed to» leave the case in the hands of the judiciary, as appears by a communication of the 22d of November, in which Claiborne said to Casa Calvo : " I learn with pleasure that you are at last convinced that the affair of Captain Gar- cia is placed on the only footing which the existing laws of this territory can admit of. How far my permission £br Governor Folch and suite to pass by this route to Pensacola entitles Captain Garcia to exemption from ar- rest, is matter for the consideration of the court, and on this question there is no doubt but the decision will be a proper one." But as soon as orie difficulty was settled another ^vould spring up, and Claiborne was never allowed to enjoy long any degree of undisturbed tranquillity. Thus he had hardly got rid of the Garcia controversy, when another arose between him and Casa Calvo, in conse* quence of his refusing to carry into execution certain judgments which had been rendered against certain in- dividuals by the Spanish authorities. ^Casa Calvo bit- terly complained of this refusal, which made it imp■ •"' '■■'% ■,;■,.""; •! ,"tjj ' ■ 'i ,!. Si;'* iu t , f^;;«f }.'^".- .:*^ I .. ■ ■■? 34 FIRST LEGISLATIVE ASSEMBLY. [1804. On the 27th of November, the peace of New Orleans was disturbed by a quarrel between the city militia and the troops of the United States, arising from a feeling of jealousy which had sprung up between them, and Claiborne was again called upon to settle this diflficulty, on a fonnal complaint laid before him by the City Council against Lieutenant Wilson, the same who had arrested Captain Garcia. A tjourt-martial had to be convened, which took cognizance of the charges brought % by the city authorities against the lieutenant, and tie affair was finally settled, not withotit leaving, however, some ill blood fermenting on both sides. The new Legislative Council, which it had been so difficult to form, met on the 4th of December, as before stated, and Claiborne addressed to them an appropriate message on that important occasion, which was the harbinger in Louisiana of the era of self-government by the people. He particularly recommended to them the subject of education : " Let exertions then be made," he said, " to rear up our children in the paths of science , and virtue, and to impress upon their tender hearts o love of civ il and religious liberty. Among the several States of the Union an ingenuous emulation happily prevails, in encouraging literature and lit 'ary institutions, and some of these are making rapid strides toward rivaling the proudest establishments of Europe. Li this sen- timent, so favorable to the general good, you, gentle- men, I am certain, will not hesitate to join." Shortly after this paragraph comes this passage, which, no doubt, was designed to quiet some anxiety then existing among the clergy, as to their position under the new order of things : " As connected with the education of youth," he remarks, " avery constitutional encourage- ment should be given to ministers of the Gospel. Re- ligion exalts a nation, whilst sin is the reproach of any .iif I H- 1804.] BELI£F IN RE-CESSION. people. It prepares us for those vicissitudes whicli so often checker human life. It deprives even misfortune of her victory. It invites to harmony and good-will in this world, and affords a guaranty for happiness here- after." TTiis was certainly very acceptable to the religious-minded part of the community, but any political body, attempting to act on such a recom- mendation from the Executive, and to determine what kind of constitutional encouragement, under our institu- tions, can be given by legislation to ministers of the Gospel, would probably find the subject fraught with considerable difficulties. It is a curious fact that, when thus going through the solemnity of opening, with commendable dignity and with apparent reliance on those he addres&ed, the first Legislative Assembly in Louisiana, Claibor tie was aware that there was among the population very little faith in the duration of the system of government which he was gravely introducing to theii' supposed grateful accept- ance. This is proved by his communication of the 11th of December to Madison :* " The President's Message," he says, " has been translated into the French language, and I will take care to have it circulated among the people. It will tend to remove an impression which has heretofore contributed greatly to embarrass the local ad- ministrtition, to wit — that the country west of the Mis- sissippi would certainly be re-ceded to Spain, and perhaps the w'hole of Louisiana. So general has beea this im- pression, particularly as it relates to the 'country west of the Mississippi, that many citizens have been fearful of accepting any employment under the American gov- ernment, or ev^n manifesting a respect therefor, lest at a future time it might lessen them in the esteem of I. * Page 65, Executive Journal, vol. 1. -...■. -/'■'■i |.: f&4 36 THE YELLOW FEVEB. [1804. )f"r. . "'"■ „ .. ,.,;r ,,■ ■• . HI. !;■ .::;r'";; Jli; 'iff. 1' (•■ it* tf •h.' '..'im '/ J. \ u -' (It ■i t» II I'll »t .'1 • ' !'* ^l. i i?U ■ * ■i Spanish officers. This opinion as to re-cession has "br^en greatly encouraged by the Marquis of Casa Calvo and Governor Foloh, who are really so uninformed of the strength of the United States, as to suppose that the Spanish monarch could readily acquire and maintain possession of Louisiana, and I doubt not but they hav*^ made such representations to their court." The yellow fever had, in the autumn of this year, .been very fatal in New Orleans, and in connection with other remarks on this subject, Claiborne, in. a message to the Legislative Council, on the 14th of December, had called the attention of that body to a plan d'^vised by Jefferson to prevent the recurrence of such a calamity. Referring to the probable growth of New Orleans, the President said : " The position of New Orleans certainly destines it to be the greatest city the world has ever seen. There is no spot on the globe to which the prod- uce of so great an extent of fertile country must ne- cessarily come. It is three times greater than that on the eastern side of the AUeghanies, which is to be divided among all the*seaport towns of the Atlantic States. In the middle and northern parts of Europe, where the sun rarely shines, they may safely build cities in solid blocks without generatinf; disease; but under the cloudless skies of America, where there is so constant an accu- mulation of heat, nen cannot be piled on one Mother witb impunity. Accordingly, we find this disease con- fined to the solid -built parts of our towns, and the parts on the water- side, where there is most matter for putrefaction, but rtrely extending into the thin-built parts of the towns, and never into the country. In these latter places it cannot be communicated. In order to catch it, you must go into the local atmosphere where it prevails. Is not this, then, a strong indication that we ought not to contend with the laws of natur«. bnt III 1804.] PREVENTIOlir OP YELLOW FEVEE. 37 should decide at once that all our cities shall be thin- built?" After these introductory observations, the President expressed the opinion that, in building cities in the United States, the people should take the checker-board for their plan, leaving the white squares open and un- built forever and planted with trees. " As it is proba- ble,"* he observed to Claiborne, " that New Orleans must soon be enlarged, I inclose you this same plan for con- sideration. I have great confidence that, however the yellow fever may prevail in the old part of the town, it would not be comm\micated in that part which should be built on this plan, because this would be like the thin- built parts of our towns, where experience has taught us that a person may carry it after catching it in its local region, but can never communicate it out c" that. Having very sincerely at heart that the prosperity of New Or- leans should be unchecked, and great faith, founded, I think, on experience, in the eflfect of this mode of build- ing against a disorder which is such a scourge to our close- built cities, I could not deny myself the communication of the plan, leaving it to you to bring it into real exist- ence, if those more interested should think as favorably of \t as I do. For beauty, pleasure, and convenience, it would certainly be eminent." It must be apparent to all those who may look at the map of the city of New Orleans as it stands at this time, in 1859, that thus far, in its ever progressive enlargement, the plan recommend- ed by Jefferson has met vnth very little attention. Toward the end of December, the elements of 'liscord which had distracted the countrj' seemed to coL?e to a temporary truce, and to be disposed to allow the expiring year to make in peace its exit from the stage ; for Clai- * Executive Journal, vol. 1, page 66. ^,<("-.... •'• ■",: »■. ' < I fi .'■■ * $ 38 PREVENTION OF YELLOW FEVER. L1804. borne wroie to Madison on the Slat: "I have* never witnessed more good order than at present pervades this city, and, as far as I can learn, the whole Territory. I discover also, w'liti great pleasure, the existence of afriend- ly understanding between the modem and the ancient Louisianians. The winter amusements have commenced for several weeks ; the two descriptions of citizens meet frequently at the theatre, at the balls and other places of public amusement, and pass their time in perfect har- mony. A great anxiety exists here to learn the fate of the memorial to Congr((S8. The importation of negroes continues to be a favorite object with the Louisianians: and 1 believe the privilege of electing one branch of tho Legislature would give very general satisfaction. Imme- diate admission into the Union is not expected by the reflecting part of society, nor do I think there are many who desire it." But this roseate hue, which had spread over the horizon, flattering Claiborne with halcyon days, was soon to give way to the darkening shades of a stormy sky. Claiborne had suffered himself to be blinded by a pleasing delusion. The discontent which was rankling in many hearts was too deep and too bitter to be soothed by the occasional amenities of social intercourse in the public places to which he refers. That discontent arose from feelings which were proof against the fascinations of the ball-room, the attractions of theatrical perform- ances, the bewitching influence of musical entertain- ments, or the sparkling bowls of the festive board. It was hardly possible that it should have been othei vvise ; for if the act of Congress, dividing Louisiana into two territories, and providing for the temporary government thereof, had excited the indignation of its inhabitants, and if Bor6, Bellechasse, Jones, Cantrelle and Clark, ^ * Executive Journal, vol. 1, page 61. 'i\:' 1804.] DEBATES IN CONGRESS. 39 when refusing to take their seats in the newly appointed Legislative Council, and to aid in carrying into execution " an act " which they had proclaimed to be an infringe- ment of the r^ .ts anrT dignity of those to whom it was to be applied, had been approved by the immense ma- jority of their fellow-citizens, it is due to them to say that the debates in Congress, on i;he discussion of that ver}^ act, had been of such a nature as to wound their just susceptibilities. Many members of that body, who had opposed its passage, had taken of it the same view in which it presented itself to the people of Louisiana. In relation to the power vested in the Governor " to con- vene and prorogue the Legislative Council, whenever he mifj^ht deem it expedient," Mr. Leib, in the House of Representatives, had said " that it made that body the most dependent in the United States ; and that, when the power of prorogation vested in the Governor was duly considered, it seemed to him that the people of the "*Temtory would be much better without such a body. It was a royal appendage." .... Not only did Mr. Gregg agree with Mr. Leib, as to the objectionable featui'e that gentleman had pointed out, but he was also opposed to the power given to the Presi- dent to appoint the members of the Council. "It was a burlesque. How was the President to know anything of their qualifications ? From whom was he to deriv^ that information except from the Governor ? And why, therefore, should not that officer himself be at once the appointing power ?" Mr. Vamum was of opinion that they were establishing a kind of government hitherto unknown in the United States. " Why not make pro- vision for the election of a legislative body by the peo- ple ? Policy, justice, propriety and the obligations of the treaty of cession required it at their hands." Mr. Elliot declared that, " to authorize the President to appoint the I 1; ■' 40 DEBATES IN CONOBE88. [1804. ''f ' ■' ::-:f ". ,.,.» •■ 1.';, :i. :v .:'S^ {■•;••'■ Y'i '■''■ "» ■ I I ■••'•*. r. .• • ■ j.. t "K: 'k *:•"- «' '" '•• '. Vit- 1' ■'• 'i 1 r ■ •■.'If '?. • •' ■ hi' •! ■I i *. ■ 'I:; i '1:11^: ]r mem"bors of the Legislative Council, was neither consist- ent with the spirit of the Constitution, nor with the treaty." " It is extremely difficult," said in reply Mr. Eustis of Massachusetts," to form any system of government for this Territory consonant with our ideas of civil liberty under the Constitution of the United States. Before we determine the principle on which the Council is to be formed, it is necessary distinctly to understand the genius, the manners, the disposition and the state of the people to be governed. The treaty has been resorted to by m}' colleague, to show that they are entitled to elect their own Legislature. It says : TJie inhabitants of the ceded territory shall he incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoy- ment of all the rights, ad/vantages and immunities of citizens of the United States. Are the people of Louisiana admitted into the Union at this time, or ©ot, with all the rights of citizens of the United States? If they are so admitted, they are undoubtedly entitled to all the rights of citizens of the United States. If not, there remains another inquiry : Are they qualified from habit, and from the circumstances in which they are placed, to exercise those high privileges ? If they are both entitled and qualified to enjoy them, we can have no hesitation in pronouncing the bill grounded on a wrong principle, and that it ought to be rejected. But I do not consider the subject in this light. The people are, in my opinion, unprepared for, and undesirous of, exercising the elective franchise. The first object of the Government is to hold the country. How? By protecting the people in all their rights, and by administering the Government in such a manner as to prevent any disagreement among them — to use no other term. Suppose the people called 1804.] DEBATES IN CONGRESS. 41 upon to choose those who are to make laws for them- selves, does the information we possess justify the belief that this privilege could be so exercised as to conduce to the peace, happiness and tranquillity of the country ? I apprehend not. " According to this bill, the Governor and Council are to make the laws. Suppoir j the Council is in session and the Governor possesses no power to prorogue them. Suppose they should engage in acts subvei-sive of thjeir relation to tht United States, would not this power be of essential utility ? It appears to me indis- pensably necessary that a vein of authority should ascend to the Government of the United States, until the people of the territory are admitted to the full enjoymfent of State rights. From that knowledge of this people which I have been able t<^ acquire, I have formed an opinion tliat authority should be constantly exercised over them, without severity, but in such a manner as to secure the rights of the United States and the peace of the country. " The government laid down in this bill is certainly a new thing in the United States ; but the people of that country differ materially from the citizens of the United States. I speak of the character of the people at the present time. When they shall be better acquainted with the principles of our Government, and shall have been desirous of participating in our privileges, it will be full time to extend to them the elective franchise. Have not the House been informed from an authentic source, since the cession, that the provisions of our insti- tutions are inapplicable to them ? If so, why attempt, in pursuit of a vain theory, to extend political institu- tions to them for which they are not prepared ? I am one of those who believe that the principles of civil liberty cannot suddenly be engrafted on a people ac- customed to a regime of a directly opposite hue. The 42 DEBATES IN CONGRESS. [1804. ;<"■■ ,. »'^i.j- : fly'-"' ■•;.■ .'I ■■. ; • 4^ 1.: '11 approach of siicli a people to lil)erty must be gradual. I believe them at present totally unqualified to exercise it. If this opinion be eiToneous, then the principles of this bill are unfounded ; if, on the contrar}', this opinion is sound, it results that neither the power given to tho President to appoint the members of the Council, nor to the Governor to prorogue them, are unsafe, or un- necessary. " The extension of the elective franchise may be con- sidered by the people of Louisiana a burden instead of a benefit. I have understood that there is none of that equality among them which exists in the United States ; grades are there more highly marked, and they may deem it rather a matter of oppression to extend to them the privilege which we deem inestimable, and with the value of which we have been long ^miliar. " Before we decide this principle, it is absolutely nec- essary to consider the relation of these people to the United States. I consider them as standing in nearly the same relation to us as if they were a conquered country. By the treaty they are, it is true, entitled to the enjoyment of all the rights, advantages and immu- nities of citizens of the United States, and to be incor- porated into the Union as soon as possible, according to the principles of the Federal Constitution — but can they be admitted now ? Are they at this moment so admitted ? If not, they are not entitled to these rights ; but if they were, I should doubt the propriety of extending to them what might be misused. " It is very natural and honorable to gentlemen of liberal minds to be desirous of extending to these people the privilege enjoyed by our own citizens ; but sentiments of this kind, however liberal and praiseworthy, may be canied in the face of facts, and may operate injuriously on those they are intended to benefit. Upon the whole, Mi ■; 1804.] DEBATES FN CONOBEtiS. 43 as the bill only purports to provide for a temporary government, and as, in the course of « year, we shall have more information respecting the country, when it will he in our power, in case such information shall justify it, to extend all the privileges which gentlemen seem so de- sirous to grant, I hope the Committee will not agree to strike out this section." Mr. Lyon said in reply, that the bill contained many traits which were exceedingly disgusting to him. "I think," he continued, " that these people have a right, by nature and by treaty, to have some concern in their own government; and although they may not be entirely qualified for self-government, and we may not be ^villing to put them on the same footing with the people of a tree and independent state, I know of no reasons why thoy may not be allowed, by their representatives, to come be- fore the Governor in an organized way, with an expres- sion of their wishes and of their wantb, and to propose for his adoption laws which they may think fitting and salutary for tbeir country. I am not ready to say with Mr. Leib, the gentleman from Pennsylvania, that I wisli to take from the Governor the power of convening and proroguing the Legislative Assembly or Council. I am willing, for the present, that he should have that power, as well as an unqualified negative on their bills. Li-that case, how can the representatives of that people injure our government ? It is the business of the Governor, appointed by the President, to watch over them for the interest of the nation. His power will be ample for the protection of that interest. When they ask his assent to those things that are fitting and proper, he will give it, I hope; when they ask it for those things which are not fitting or proper, he will, no doubt, refiise it ; and if they should at any time become troublesome, he will prorogue them, and tell them to go home about their hi i f ■'■• i'' : I' f ■"ir-. "V. :*ii?f']h. '''•"'■■■ fit.' ■,"■ !| ' il.';fr;'' ■Tl;i r .("?• ■■„ Ml.!) !,'; .;«; *-♦>; l:-^l: ^i t- 4^ DEBATES IN CONGRESS. [1804. business. I cannot refuse these people tlie humble boon, the pitiful specimen of liberty which consists in laying before the Governor, by their representatives, for his consent, the bills they wish passed into laws for their local accommodation and for their satisfaction with re- spect to their rights and their property ; neither would I mock their feelings by a Legislative Council appointed by the President. I do not think it fits his character. How is he to divine who it is best to appoint ? I would as soon compliment Bonaparte with that power. I dare say he is better acquainted with the people there. But the gentleman from Massachusetts seems to think these people are not desirous of exercising the power of elect- ing their Legislative representatives. If that is the case, do we not owe something on this score to principle — to consistency — to the national honor pledged by treaty ? If there is danger on that score (which I am pretty cer- tain there is not), let the government b^ so organized that it can go on without the representatives of those districts who neglect or reluse to elect." " But the most ludicrous idea I have heard expressed on the subject is, that these people must be kept in sla- very until they are taught to think and behave like free- men. Establish the government proposed, it is said, and let tbem learn under that to enjoy the rights and benefits of fi'eemen. I wonder how much longer this probation- ary slavery it to last, in order to bring about the pur- pose proposed ? For my part, I believe they have had it longer than has done them any good. I really wish to know how much longer this apprenticeship is to continue, and what are the symptoms by which we are to know when slaves are fitted to be freemen." Mr. Lucas seemed to have taken up the strange idea that the United States were bound by the treaty of ces- sion, only to secure to the people of Louisiana as large a 'f 1804.] DEBATES IN CONGRESS. 45 portion of liberty, and as full an enjoyment of their rights, as they would have been permitted to possess, had they remained under the Government of France or Spain. " But the United States," he said, " had done more than they were bound. For instance, the privi- lege of the Habeas Corpus had been extended to the in- habitants of the Territory — a privilege which they had never possessed when they were connected either with France or Spain. An argument was drawn from the treaty, that these people are to be admitted to the absolute enjoyment of the rights of citizens ; but . gentlemen would not deny that the time when^ and the circumstan' ces under which this provision of the treat}^ was to be carried into effect, were submitted to the decision of Congress. It has been remarked, that this bill estab- lishes elementary principles of government never previ- ously introduced in the organization of any Territory of the United States. Granting the truth of this observa- tion, it must be allowed that the United States had never had devolved upon them the obligation of making pro- vision for the government of any people under such circumstances. Legislators must nbt rest on theory, but must raise their political structures on tlie basis of the moral and intell^ tual state of the people for whom they are to be made. He did not wish to reflect on the in- habitants of Loui3iana, but he would say that they were not prepared for a government like that of the United States. They had been governed by Spanish officers, exercising authority according to their whim, which was supported by military force, and it could not be maintained that a people thus inured to despotism were prepared on a sudden to receive the principles of our government. It was questionable whether there was in Europe a nation to whom these principles would be so advantageous as they were to us. „ ., . , . .. ., m 46 DEBATES IN GONOBESS. [1804. i''.'";' •:.:; .1r-li .«»:(f : ■■•«H " It shotild be recollected by gentlemen wlio so stren- uously advocated the abstract principle of right, that the people of Louisiana had not been consulted in the act of cession to this country, but had been transferred by a bargain made over their heads. As a proof that this act had not been received with approbation by them, It must be borne in mind, that^ when they saw the American flag hoisted in the room of the French, vhey shed tears. Was it not a proof that they were not so friendly to our government as some gentlemen imagined ? He was per- suaded that the people of the Mississippi Territory would not have acted in this manner. There is no doubt but that after they shall have experienced the blessings of a free government, they will wonder at their having shed tears on this occasion ; but they must, in the first instance, feel those blessings." Mr. Macon's first objection to the bill was, that it cre- ated a species of government unknown-to the laws of the United States. " I believe," he added, " that the territorial government, as established by the ordinance of the old Congress, is the best adapted to the circum- stances of the people of Louisiana, and that it may be so modified as best to promote their convenience. The people residing in the Mississippi Territory are now un- der this kind of government. Is it not likely that the people of Louisiana will expect the same form of govern- ment and laws with their neighbors ; and is it not de- sirable for the general peace and happiness that there should be a correspondence between them ? If they are as ignorant as some gentlemen represent them (and of this I know nothing), will they not expect the same grade of government with the inhabitants of the Mississippi Territory, with whom they will have a constant inter- course ? Although the Mississippians lived previously under the Spanish Government, when formed into a Ter- :t.!' a 1804.] DEBATES m OONGBESS. 4r ritory, no inconvenience resulted from having granted to them the privileges which we desire to extend to Louisi- It is said, in reply to this observation, that a large ana. number of inhabitants of that Territory were Americans. It is true that many of them were native Americans, but some also were Spanish. . " The simple question is, what kind of government is better fitted to this people ? It is extremely difficult to legislate for a people with who^e habits and customs we are unacquainted. I, for one, declare myself unacquainted with them ; nor would I, in fixing the government, un- less for the safety of the Union, do an act capable of disgusting the people for whom it is adopted. It will be a good policy to avoid whatever is calculated to dis- gust them. My opinion is that they will be better satisfied with an old-established form of government, than with a new one. Why ? Because they have seen it established in the adjacent Territory of Mississippi, and know the manner in which it operates. If there are bad men in Louisiana, will anything be more easy than to disgust the people against the General Govern- ment, by showing that they have given one kind of gov- ernment to the people of the Mississippi Territory, and a different kind to them ? In my mind, it is souna policy to give them no cause of complaint. We oughl; to show them that we consider them one people." Mr. Campbell was very energetic in his denunciations of the bill. " On examination," said he, " it will appear that it really establishes a complete despotism ; that it does not evince a single trait of liberty ; that it does not confer one single right to which they are entitled under the treaty ; that it does not extend to them the benefits of the Federal Constitution, or declare when, hereafter, they shall receive them. I believe it will, on investi- gation, be found difiScult to aepai'ate liberty from the H ; f:m ft"«?V ^. :: h . 1 ■■ " ■'!"■.„ 'il -ff . ;.;;■';. Li '•'■ -tr- fl. mi ' ;.r "■ 'if ■i' I,, if '• '■ . • ■■ ,it,»(ii, • ■• £ .i. I.-- ■•,{ iji' .".••'••■. I'. •,.'• " •. , •' "' , •■"»' .:1» .Ly:.'":-!.;::;!!. f' ■:«■ ;;■•■!'■ »•■ ■ .''^, •«."■■•'■ 1^; ,.'^ • ^-^ •ir-' " 48 DEBATES IN CONGREGS. [1804. right of self-government ; and hence arises the question now to be decided, whether we shall countenance the principle of governing by despotic systems of govern- ment, or support the principle that they are entitled to be governed by laws made by themselves, and to ex- pect that they shall, in due time, receive all the benefits of citizens of the United States under the Constitution. "By section 4, all legislative power is vested in a Governor an4 thirteen ' Councilors appointed by the President. The people have no share in their choice. The . members of the Council are only to aid the Gov- ernor; they have no right to make laws themselves. The words of the section are : " ' T/i€ Governor^ hy and with the advice and consent of 80 id LegislaiivG Council^ or of a majority of tliem, shall have power to alter, modify, or repeal the laws which may he in forco at ilie ^^^mmencement of this acV " That is, the Governor makes the laws by and with the advice of the Council. They are not to deliberate on what shall be law; but he, like some ancient po- tentates, is to suggest to them what, in his opinion, is proper to be law. This it? the proper construction of this section, or I do not understand it. He is to make ; tJiey are not to make the la^^s, and submit them for his approbation. He makes them, and asks his creatures whether they will agree or not to them. I hope that we are not prepared to establish such a system as this. " If then the proposed system be despotic, it is proper in the next place to inquire why it is erected over the people of Louisiana ? Is their condition such as not to qualify them for the enjoyment of any of the blessings of liberty ? Are they blind to the difference between liberty and slavery ? Ai*e they insensible to the differ- ence of laws made by themselves, and of laws made by others ? "VTc have no evidence that this is the case. If ^/j' \\.-f '•> 1, 1804] DEBATES m CONGRESS. 49 We retrace tlie progress of liberty among otter nations, I would ask gentlemen wbere they find reason for the opinion that the people of Louisiana are unfitted for the enjoyment of its blessings ? They will find that it has, in many cases, arisen among people far less enlightened. 1 trust, therefore, we shall not determine that, because ihe people of that country have not investigated the fall vabie of free government, they are not qualified to enjoy any freedom. I ask gentlemen to point out, when they talk of the abuse of th^ elective franchise, a solitary instance where th« people have abused the rights they acquired undei* it. They will find it hard to point one. Whereas I ask them for a single instance, in the annals of mankind, where despotism has not been abused. This they will find it difficult to adduce. One principle cannot be denied : when power is vested in the people, they exercise it for their own benefit, and to the best of their skill. They have no object in abus- ing it; for they are to be the first \'ictims of its im- proper exercise. I ask them, where is the danger of placing in the hands of the people the light of choosing those who are to regulate their own internal concerns ? Surely, when gentlemen depicted the great danger of this investiture of power, they did not consider that the very act before us subjects all laws to the control of Congress, and that in all cases wherein Congress shall negative them, they will have no validity. Where, then, is the danger ? Will it be injurioufi to the United States that the Legislature of the territory, chosen by the people, should make laws for their own accommodation, without prejudice to the Union? It cannot. I feel surprised when I hear gentlemen say, ' We ought to be cautious in giving power, lest it sl^ould be used in oppo- sition to the interests of the Union.'. How can this be, when this Government has the appointment of all the .i • ill* < ' m DEBATES IS C0170RBSS. 1' '" ' ■5 '"^ii'ii ■*■ m-^ ■ ■ '•<• '•L " *. V 1. ■;'■ • 'lull l,t !• I.. I|: , •• •• ' ( ' V . .' •!• il , ■•*,"■,•"'■ II' ;• J ."*••'."!., ''' ' p: t'l- If; i ■ [■•- .ifwl.j, ' I . ■■.|»' in'"'/il ■ mm' f ;■;;; ;?"fe: • y i .^ R' [1804. officers, and particularly the Governor and judges, and whea to the Legislature is only confided the manage- ment of internal concerns, when they have no authority to form connections with foreign powers, or to form any coalition with their neighbors, in opposition to the measures of the General Government ? If the people are already hostile to the United States, it is evident that it is not the severity of despotism that will make them friendly. I ask, how are we to account for this change in our deportment toward them ? Not long since, these people were congratulated on their releasement from a despotic government, and were invited into the arms of a government ready to extend to them all the bless- ings of self-government. Now, we are about to damp all theii' hopes, and to send forth a few creatures to lash them with despotism and to make all their laws. We go farther. . We do not even hold forth the idea that, on a future day, they shall make their own laws. . Our language is, if, notwithstanding the despotism we extend over you, you patiently bear yom* chains like good sub- jects, we may withdraw them, and let you govern your- selves. If this is not the language of gentlemen, I do not comprehend it. " It is stated by a gentleman from Massachusetts (Mr. Eustis) that it is difficult to form a government for such a people ; and that it is necessary previously to consider the habits and manners of the people to be governed. I am sorry, at this enlightened day of the world, to hear arguments in favor of despotism, so often used before. How does a despot govern his subjects^ He tells them and makes them believe that they are ignorant, and unqualified to govern themselves. Considering their ignorance, he tells them he does them a favor by govera- ing them, and that.they have nothing to do but to obey. This is the doctrine on which monarchy and despotism ' K^r 1804.] DEBATES IS CONGRESS. 51 rose. In pj;oportion as it prevails, despotistn prevails; and in proportion as it is destroyed, the principle of lib- erty prevails. Let us not say that the people are too ignorant to govern themselves. No, give them an op- portunity, and they will acquire knowledge, at least "sufficient to make a proper choice of those best qualified to superintend .their public concerns. This will act as a stimulus to those who expect to be chosen, to make them- selves qualified. Tut I never knew before this day, that tor a people to be fit for the enjoyment of liberty, they mus+, for a certain time, be under the scourge of despot- ism. »' "Th« same gentleman inquires. In case the elective fi'aiic^ise shall be withheld, what hold have we on the people of Louisiana ? This inquiry is readily Answered. We shall have power to repeal all laws they make ; and a governor appointed by us will have the nomination of all militarj' and civil ofRcers who administer the govern- ment. If this is not a hold tfnd a check upon them, I know not what it is. "While examining this point, it may not be improper to inquire what is the best way of making these people most attached to the United States ; and whether that end will be answered by denying them ail liberty, and by making a radical difference between their government and that of territories similarly situ- ated with themselves ? Let me for once observe, that it is the true policy of this Government to conciliate the people to us, to our manners and 'laws, to show them that, considering them as a part of the Union, they have the right to expect the enjoyment of privileges unknown to them before, instead of diMappointing their hopes and compelling them to serve a long quarantine before they are admitted to a particip9,tion of those right^ which -we ourselves x)088ess. '"'*''•' ' '"It has been intimated that these people are unfit to ilt'^^tl^ ".'>•«• ir-w tr '<. 69 DEBATES m COyOBESS. [1804. ;■ :i Hf" . -' .xiiliK- i- H DEBATES IX OOKGBESS. [1804. »■'. ■■■•v?r.» ; i I m 1 P'f"' ■'' ]}■■ 4 ■(i .V''= V'l' ■ " i).J ■ '!• i ■'*'■- 'h, J ■*-»;; ' ■ I' :' ' ■]•' ''f! Mr. Huger, who explained that his raeauing was not such as the gentleman's language implied, and declared that he had spoken barely by way of comparison, to show that nothing was more dangerous than to pass from the ex- treme of slavery to perfect liberty. " I will not pretend to say, " resumed Mr. Jackson, *^that I accurately comprehend the meaning of the gentleman. His words were : they ought to be looJced upon as a cei'tam portion of people among vs and treated as such. If he did not allude to slaves, I do not know to whom he did allude. But as he says he did not allude to them, I will avoid an}' remark that ma}^ implicate him in such an allusion." When Mr. Jackson took his seat, up started Mr. Hol- land. " Gentlemen maintain," he said, " tnat if tve deny the people of Louisiana the right of self-government, we deny them everything. But before they are permitted to make laws, ought they not to understand what law is? If we give power to these people, will they, not choose persons as ignorant as themselves ? It is a fact that many of the most respectable characters in Louisi- ana conceive the principle of self-government a mere bub- ble, and they will not consider themselves aggrieved if it is not extended to them. Does the history of nations show that all men are capable of self-government ? No such thing. It shows that none but an enlightened and virtuous people are capable of it ; and if the people of Louisiana are not sufficiently enlightened, they are not prepared to receive it. For what are they prepared ? To remain in a passive state, and to receive the blessings of good laws ; and receiving th >':o, they have no reason to complain." Many more members of the House of Representatives than those whose names are here mentioned took their shai-e in these debates. The subject was also fuljy dis- lll 1804.] BEFLEOTIONS OV THE t>EBATE8. 65 cussed in the Senate, and Congress, after the most lengthy deliberations, voted by a large majority for the passage of the bill, which, however, had been strongly opposed in that body, and with as vehement language as could be desired by the Lor.isianians, to whom it was so objectionable. These debates, and their final result, it must be admitted, were of a character to wound deeply the just suscepti- bilities of the people of Louisiana, and to keep up that excitement of which I have already related some of the baleful effects. Hug€fr, of South Carolina, a gentleman of French descent, had been understood to say on the floor of the Capitol, notwithstanding his subsequent ex- planations of a retractive nature, that the French of Louisiana were hardly above the standard of a certain portion of the population of the United States, which . was, with propriety, deprived of all political rights. Another, without going so far, had said that they ought to be treated as a conquered people. Many had main- tained that it was impossible to suppose that a popula- tion long subjected to the debasing governments of France and Spain were fit subjects to be intrusted with the dangerous possiession of liberty, without a gradual training and a slow process of emancipation. The whole length and breadth of the debate was narrowed down to this question : " Are the people of Zouisiana capable of self-government T' " If they are, and if we are Convinced of it," said the warmest advocates of the bill, " we give it up ; for we admit that it establishes a form of govern- ment hitherto unknown to us, and at variance with our other institutions. We admit that it would be an infamous act of tyranny if applied to any other people, but we are persuaded that it is demanded by the neces- sities of the case. ' ' Tljis was avowedly the basis on which stood " the biQ to organize the government of the Territory w •- ■4- '. ■4^'^-: ;t ■' ' -■ ' ''. . ' '* iv •• '■■■ ^M !'''• ♦ -' ! !"• -•IT h- ;,..'' ^;.. ;,^. ■>•'■ ' li.: Ir ■'f. ► T' ■;■■ '.i^ ..*;' % ' ». I' 'i 1 1,"". ■:>•;■;■, r'- I ■.' •■ ■ ■ 1 •■^'..•■'!.,-. U^ :■•■■■ -.;.■• ' if > ■. "liV ti- 3-- ■ \ if. ■I ■ r ^l.;>''% i.^ *i r • 'i'* " iii '< i Ml REFLECTIONS ON TIHS DEBATES. [1804. of Orleans, and that bill, notwithstanding the extraordi- nary features which it was admitted to possess, was voted a law by an immense m^ority in Congress — which law was readily sanctioned by the President of the Uni- ted States. Thus the Louisianians, a few months after they had been delivered to the warm embraces and paternal protection of that great Kepublic which invited all mankind to the enjoyment of liberty, had the intense mortification of being branded, before the whole world, with a solemn official declaration that they were incapa- ble of self government — a declaration which derived an additional humiliating pungency from the circuuistance that it was made by a democratic Congress, and promul- gated by Thomas Jeflfersou, that great apostle of univer- sal liberty, and the immortal author of that celebrated document in which all men are proclaimed to be born * free and equal.' " These debates, of which I have here given a short abridgment, deserve to be studied with care, and possess much interest, particularly when taken in connection with the projected annexation of Mexico, Cuba, Nica- ragua and other Territories, and with the probable ex- pansion of the protection, if not of the government, of the United States, over nations whose vitality is threatened with destruction, and who, it is believed, are destined to seek shelter under the strong eagle wing of their co- lossal neighbor. , It will also be remarked that no one, in those days, seems to have imagined that there could exist any degree of sovereignty, not even squatter sovereignty, in the people of a territory of the United States, and that the introduction and advocacy of a doctrine which was destined in after years to assume proportions of great magnitude in the politics of the country, would then have probably been looked upon, how- 1804.] KEFLECmONB ON THE DEBATES. 57 ever sound and correct it might be, as nothing shor^ of a monstrous heresy. Before dismissing from further consideration this bill for the organization of the ceded province of Louisiana, it may not be improper to notice a feature in it which is important in itself, but which is entitled to still greater importance from its connection with a question which perhaps overshadows every other on the political map of the country. It is that Congress, in 1804, when it passod that bill, exercised the contested pcv\'er of pre- venting the importation of sla x's into terril^ries, for it regulated, on that memorable occasion, the slave-trade between the slave States and a slave Ten -tory. To give that act its due weight, one muot recollect tl t it vvas sanctioned by Thomas Jefferson, and by that m y which had lately defeated the Federal party, and had pi'oclain^ed itself pledged to a strict construction ( i x;! >e Constitnion, and to an uncompromising opposition to the assumption of powers not expressly delegated to the General Gov- ernment. Should the adversaries of sla/ery, as it exists in some of the States of our Confederacy, ever obtain the ascendency in both Houses of Congress, it is prob- able that they will attempt to legislate on the sliave- trade between the States, and that this act to organize the Territory of Orleans in 1804, will afford a precedent of which they will avail thf'^selves with that pertinacity of purpose and that fanaticij: igor of intellect they have ever displayed in assailing that institution, which the South considers at. its vol y life-blood and the indispen- sable condition of its existence, and also as the very breath and essence of its prosperity. ■'X ;:.^ '■*Al'fimk\i Hm- .i4«'» IIW«i^>5f. >-!$»: ' fXi^.1 '"'* ■. 1 1 -:'..4. ■' - ' '*■ • '.1 ;, , ' ^W "1' ' •',.• fl-1 it ■!' - if- rii :| mm r; ■ .i' ■ . .,■■■•' !;•■:'■-•' -,[,••••■■ t ^^r >:'.!(' r. ^> .M4f»ff j*B,*i.i *tf«ltB ■■ i-ma hmm^'mm. » ■ •«» ; 5^M - .■ »^.: • • ' ■ ••■ -3 ■jilJ Mrit^- ' •>• •• j,i->rj|.tj^' -'f ^^^^ CHAFrEK n. f^H<; v|f;fri i '''•VI v'i i^^fil^'^ GOVERNOR CI-ATBORNEd ADMINISTRATION. s;>.}(t*ijtii ^ I' k- ^m;;i:?v • I -^ ■..-. ':..'f, *•> kt§k,. .it.'-! • ■ ■1, "U .V ,1 I'* I" . f; /| 60 PETITION OF THE LOITISIANIANS. [1805. made at no distant date, at a period when science had obtained a great degree of perfection, and from a country in which it flourished; many individuals possessing property and rank which suppose a liberal education, were among the first settlers ; and, perhaps, there would be no vanity in asserting that the first establishment of Louisiana might vie with that of any other in America for the respectability and information of those who com- posed it. Their descendants ilow respectfully call for the evidence which proves that they have so far degen- erated, as to become totally incompetent to the task of legislation. t " For our love of order and submission to the laws, we can confidently appeal to the whole history of our settle- ment, and particularly to what has lately passed in those dangerous moments, when it was uncertain at what point our political vibrations would stop ; when national prejudice, personal interest, factious views, and ambitious designs, might be supposed to combine for the interrup- tion of our repose ; when, in the frequent changes to which we have been subject, the authority of one nation was weakened before the other had established its power. In tho33 moments of crisis and danger, no insurrection disturbed, no riot disgraced us ; the voice of sedition was silent ; and before a magistrate was appointed, good morals sei ved instead of laws, and a love of order instead of civil power. It is then as unjust to task us with tur- bule'ce, as it is degrading to reproach us with ignorance and vice." The delegates, in this memorial, energetically insisfed on the rights of the inhabitants of Louisiana to be promptly admitted into the Confederacy as the citizens of a Sovereign State, and ably discussed the 3d section of the treaty of cession on which they relied in support of their pretensions. m 18*06.] PKTrnON OF THE %.Om8IANIAN8. m " The inhabitanta of the ceded Territory," they ob- served, " are to be incorporated into the Union of the United States. These words can in no sense be satisfied by the act in question. A territory governed in the manner it directs may be a province of the United States, but can by no construction be said to be incorporated into the Union. To be incorporated into the Union must mean to form a part of it. But to every compo- nent part of the United States the Constitution has guar- anteed a republican forpi of government, and this, as we have already shown, has no one principle of republican- ism in its composition. It is, therefore, not in compliance with the letter of the treaty, and is totally inconsistent with. its spirit, which certainly intends some stipulations in our favor. For if Congress may govern us as they pleese, what necessity was there for this clause, or how are we to be benefited by its introduction? If any doubt, however, could possibly exist on the first member of the sentence, it must vanish by a consideration of the second, which provides for our admission to the rights, privileges and immunities of citizens of the United States. But this territorial government, as we have shown, is to- tally incompatible with those rights. Without any vote in the election of our Legislature, without any check upon our Executive, without any one incident of self- government, what valuable privilege of citizenship is allowed us ? What right do we enjoy, of what immu- nity can we boast, except; indeed, the degrading exemp- tion ii'om the cares of legislation and the burden of public affairs ?" They further argued that the words "as soon as pos- sible " of the treaty, which stipulated their admission into the UnioU, could never be so construed as to allow Congress the right of deferring that admission indefin- itely. If it might be procrastinated for two years, no ^■ I.,... ':::-#'.;• reason could be peen why it might not be postponed for twenty, or a hundred, or totally omitted. It could not be supposed that the United States had only »ound themselves to admit Louisiana into the iJnion as soon as they should tL .ik proper, and no more ; for a treaty im- plies a comp CT : and what compact can arise from a reservation \ perform, or not to perform, as one of the parties should deem expedient? Hence they had no doubt that the words "as soon as possible" meant, as soon as the laws necessary for the purpose could be passed. In connection with that part of the act which restrict- ed the importation of slaves into the Territory, the dele- gates said : " To the necessity of employing African laborers, which arises from the climate and the species of cultivation pursued in warm latitudes, is added k reason in this country peculiar to itself. The banks raised to restrain the waters of the Mississippi can only be kept in repair by those whose natural constitution and habits of labor enable them to resist the combined effects of a deleterious moisture and a degree of heat in- tolerable to whites. This labor is great; it requires many hands, and it is all-importq,nt to the very existence of our coimtry. If, therefore, this traffic is justifiable any- where, it is surely in this province, where, unless it is permitted, cultivation must cease, the improvements of a century be destroyed, and the great river resume its empire over our ruined fields and demolished habita- tions. " Another evil," they said, " not indeed growing out of this act, but of great moment to us, is the sudden change of language in all the public offices and adminis- tration of justice. The great mass of the inhabitants speak nothing but the French. The late government was always careful, in the selection of officei's, to find ii ■ ^ 1806.] PETltlOBr OF THE LOTJISIAinANS. 63 men who possessed our own language, and -with whom we could personally communicate. Their correspondence with the interior parts of the province was also carried on chiefly in our own language. The jinlicial proceed- ings were indeed in Spanish, but being carried oh alto- gether in writing, translations were easily made. At present, for the slightest communication an interpreter must be procured. In more important concerns, our in- terest suffers from not being fully explained. A phrase, a circumstance, seemingly of little moment, and which a person not interested in the affair ^nll not t.ke the trouble to translate, is frequently decisive, and produces the most important effects. That free communication so necessary to give the magistrate a knowledge of the peo- ple, and to inspire them with confilimce in his adminis- tration, is by this means totally cut off, and the introduc- tion of vivd voce pleadings in the courts of justice sub- jects the painty who can neither understand his counsel, his judge, nor the advocate of his opponent, to embar- rassments the most perplexing, and often to injuries the most serious." . ^^ -The delegates . concluded their address in this earnest and pathetic strain : £ "Duly impressed,, therefore, with a persuasion that our rights need only to be stated to be recognized and allowed ; that the highest glory of a nation is a commu- nication of the blessings of freedom; and that its best reputation is derived from a sacred regard to treaties ; we pray you, Representatives of the people, to consult your own fame and our happiness by a prompt attention to our prayer; we invoke the principles of your revolu- tion, the sacred, self-evident and eternal truths on which your go^^emments are founded; we invoke the solemn stipulations of treaty ; we invoke your own professions and the glorious example of your fathers, and we adjure u •.V --'•■ ;«py if»)r'i .. ■■ "'i I"" . 1 1 i!, ■■•"*' '• ' ffi^'t '!-|■ ■\' y-' - ' ,' 'I' -r^»i.-,;-i,.i;:; .■ "1 ^% ,!;.•••■■■ i • ■' '■* !.''.■ '■ ■■ ,1 ?)•■•■•»,■ •> *i- 'I ■•■,*• ••• ■^'■■1 c i.;r t :> P \ 64 .JOHN EANDOLPh's REPORT. [1805. 5'ou to listen to the one and to follow the other, by abanr'oning a plan so contradictory to everj^thing you have said, aisil they have taught — so fatal to .our happiness and the reputation of your c; uniiy, To a generdns ,md free people we oup;ht not to Uiye any ?nc»" tive of interest, when those of lionoi nnd duty are m apparent; but be assured that it is the interest of tlio United States to cultivate a spii'it of conciliation with the inhabitants of the Territory they have acquired Annexed to your country by the course of p«;litical events, it depends upon you to d'ifcermino W' ;ther we sliall pay the cold homage of reluctant subjects, or ren- der the Tree allegiance of citizens attached to your for- tunes l>y choice, bound to you by Gjratitude for the best of bi«.ftsings, contributing cheerfully to your advancement to those high destinies to whicli honor, liberty and justice will conduct you, and defending, as we solemnly pledge ourselves to do, at the risk of fortune and life, our common constitution, country, and laws." The President, in his annual message, delivered on the 8th of November, 1804, to Congi'ess, had called the attention of that body to the practicability of ameliorat- ing the forin of the territorial government of Louisiana. On the 25th of Januaiy, 1805,* John Randolph, chairman of the committee appointed to take into consideration this part of the message, and to whom had also been referred the memorial here partly recited, the original of which was in the French language, but with an lilnglish transla- tion annexed to it, made a report on the subject in the House of Representatives. He said that it was. only " under the torture" that the 3d article of the treaty of cession coidd be made to speak the language ascribed to it by the memorialists, or could countenance, for a mo- * Eighth Congr«88, 3d Section, p. S014, Gales & Seaton. %r 1806.] JOHN BANDOLPH's REPOET. 65 rnent, the breach of good faith which they had conceived themselves justified in exhibiting against the Govern- ment. ** But because," said he, " the memorialists may- have appreciated too Iiigldy the rights which have been secured to them by the treaty of cession, the claim of the people . of Louisiana on the wisdom and justice of Congress ought not to be thereby prejudiced. Belying on the good sense of that pecf[)le to point out to them that the United States cannot have incun*ed a heavy debt in order to obtain the TeiTitory of Louisiana, mere- ly with a view to the exclusive or special benefit of its inhabitants, your committee, at the same time, earnestly recommend that ever}' indulgence, not incompatible with the interests of the Union, may be extended to them." Whereupon the committee submitted the following res- olution : ''^ Resohed^ That provisions ought to be made by law, for extending to the inhabitants of Louisiana the right of self-government." The committee, before coming to this conclusion, had given permission to the delegates of the inhabitants of Louisiana to addiess to them such remarks as they might conceive to be favora- ble to the elucidation of the question which was so in- teresting to their constituents. Availing themselves of the privilege conceded to them, the Louisiana delegates submitted to the committee an elaborate and able argu- ment in support of the views which they had taken of the rights of those whom they represented, and particu- larly insisted on the injustice of " procrastinating the in- corporation of the present inhabitants of Louisiana into the Union," begging the committee, at the same time, " to make some allowance for the disadvantage under which they labored to express themselves in a language which was not altogether familiar to them." Notwithstanding their zeal and the ability which they displayed, Derbigny, Sauv6 and Destr<^han were not as 5 . Hif'Vi^ii.'A.;! •"• V. ■•••. >.■" ': Iv^'- ■ "- I 1805.] .■i'- CLAIBOltNE TO MADISON. '^'■^ er years, but as they could, at any time, he removed by the President, it is evident that they were under his control to a considerable extent. The only qualification required from them was a freehold estate of five hundred acres of land. This was about the amount of modificisition made to the first act of territorial oi'ganization which had ex- cited so much discontent, and it is evident that this modification was not sufficiently liberal to afford much gratification, for the little gf self-government which was granted to the Louisianians carried with it so many checks and curbs, that it was a mocking shadow rather than a pleasing and substantial reality. In relation to this subject, Claiborne, on the 21 at of April, thus wrote to Madison : " The law of Congress for the government of this Territory will not give gen- eral satisfaction. The people had been taught to expect greater privileges, and man}- are disappointed. I believe, however, as much is given them as they can manage with discretion, or as they ought to be trusted with until the limits of the ceded territory are acknowledged, the national attachments of our new brothers less wavering, and the views and characters of some influential men here bett^ ascertained. I particularly attend to those persons who were formerly in the Spanish service, and are permitted by their Government to remain in Louis- iana as pensioners, or in the enjoyment of their full pay." And on the 4th of May, he said : " The agents,* Messrs, Sauve, Destrehan and Derbigny, are preparing for pub- lication a pamphlet in which I fear much will be said which will tend to agitate the public mind. I have seen Messrs. Sauv6 and Derbigny, and find the ■ latter much disappointed and dissatisfied. ...... For my own part, I am still convinced that an early introduction of the * Executiro Joomal, 2d vol., p. 145. t - : v; • . • 'i' *■ 1 ■'•: 1 , .'■ i"^' \' ' !■•' ■ •■ '•'«. tf' •'■'• li' -:;i r'lil.;' ,.■;;,'-■: Mi' x" i-'lV/;'ii!i,.i;. ■»; f i. I ■' .i. ■' .;- If . - ■ •■ ,.';-'ri.(, I H 68 NEW TKRRtTOIHAL OOVERNMENT. [1806. entire representative system in Louisiana would be a liazarclous experiment." So anxious was he, however, to do away with that general feeling of discontent, that, in a circular addressed to the sherifts of the Territory on the 9th of May, lie says : " I am fully aware that many parts of your duty will be unpleasant, and ijiay subject you to the ill-will of those who may, through your public agency, be made to feel the energy of the law. But there is a manner of discharging an unpleasant duty which never fails to soften resentment, and most generally begets the friendship of those with whom we act. I will only recommend the observance at all times of the utmost equanimity of temper and politeness of conduct." Claiborne had been reappointed Governor; Graham had been appointed Secretary, and Sprigg and Mathews Judges of the Superior Court, with Prevost, who was already on the bench. On the 4th of November, the House of Kepresentatives met in New Orleans, and selected the ten individuals out of whom the President of the United States was to form a Legislative Council for the Territory. Their choice fell on Bellechasse, ^ouligny, D'Ennemours, Derbigny, Destrehan, Gurley^ Jones, Macarty, Sauv6 and Villere^ The President selected Bellechasse, Destrehan, Macarty, Sauv6 and Jones, thereby giving ample satisfaction to the Louisianians, as he had thus allowed the Creole ele- ment to preponderate in that important body. On the same day, when the act " further providing for the government of the Territory of Orleans" became a law, the President approved another act, " for ascertain- ing and adjusting the titles and'claims to lands within the Territory of Orleans, and the Distrixjt of Louisiana." This act was a Godsend to the lawyers, who, to the dis- may of the litigation-hating population of Louisiana, were flotiking from all quai'ters to settle in its bosom, and 1805.] 0BANT8 OF l-AND BY MORALES. 09 vrho eagerly tendered their services to those who were in need of their assistance. The act above alluded to applied only to the confir- mation of such gi'ants or sales of land as had been made by the Spanish and French Governments in territories of "vvliich t^ey were in actual possession. In the mean time, Morales, whose presence in New Orleans was so obnox- ious to the Government of the United States, on account of his continuing to exercise his functions of Spanish Intendant on American territory, and particularly on account of his numerous grants and sales of land in that part of West Florida claimed as included in the acquisition of Louisiana, and against which the act of the 2d of March was aimed, had been in vain endeavoring to retire to Pensacola, wherein he conceived himself en- titled to carrv on his functions of Intendant. But Folch, the Governor of Florida, hated Morales, and denied his pretensions. Morales appealed, to the Captain-General of Cuba, who decided in h:s favor, and cited orders of the king in support of his opinion. But Folch, who seems to have been countenanced by the Marquis of Casa Irujo, the Spanish Minister to the United Sates, disregarded the alleged orders from the King, and set at defiance the Captain-General. He sent Don Jose de Clouet with a detachment of troops, with which he was to watch Morales at Dauphine Island and Mobile Point, and arrest him on his way to Florida. The Governor further iustiiicted * the oJB&cer in command of fort Bar- rancas, at Pensacola, to imprison Morales in that fortress, should he succeed in eluding the grasp of De Clouet, and arrive at the spot where his presence was not desired. He also threatened Carlos Grandpre, Governor of the Baton Rouge district, to deprive him of his command, if * Dispatch of Morales, New Orleans, Oth November, 1803, to Don Miguel Cayetano Soler, Mioistro de Hacienda, Madrid. • ; ■' • • k ,,>1-ii , ; >: I l4:^^•;0' ^. I I' ' • if 'V' :,•' "^ w I t iifJ^k's''-"' ' I:'', • > !.::• : ;.;^^i"■ «■■: ( ^ if^- 70 ailANTH OK LAND IJY MOUALEH. [1803. lie recognized Morales uh Intendaiit. All thut he con- tented liinisi'lf to do for the relief of that officer, was to offer liini, as an asylum for liiniHelf and liis employees, the foi-t of Mol)ile, wlicre ho would be permitted to de- posit Ins archives. • ■ Yielding to the complaints of the Government of the United States, the Marquis of Casa Irujo, the minister sent to them by Spain, had remonstrated with Intendant Morales on the concessions and sales of lan ^ In this very interesting digpatch,f he ,begs leave to call the attention of the Marquis of'Casa Irujo to the fact, that all the sales and concessions of land made by the Governors, or other Spanish authorities in Louisiana, during thirty years, did not bring a maravedi into tho. royal exchequer, and he boastingly remarks that, wliilst his jurisdiction as Intendant was questioned, and whilst he was awaiting to be re-clothed with the powers apper- taining to hiii office, he had skillfully availed himself of the circumstances offered by the cession of Louisiana, which, of course, gave immediate value to what had hitherto possessed none whatever, and had succeeded in putting into the King's coffers fifty thousand dollars — a sum which would have been much greater, he affirmed, if he had not been counteracted and checked by Clai- borne, the American Governor, and by the Spanish Gov- ernor Folch, who ruled at Pensacola. i • The Intendant concludes his dispatch in these words : " The royal treasury has not had to disburse anj-^thing in relation to those lands, because the purchasers assum- ed the expenses of survey and all other costs, which have not been inconsiderable, and which, therefore, may be looked upon as a part of the product of those .sales. This sum ought to be considered (to use a common saying) * Para que las ventas y concesiones liechas por el Qobierno Espafiol no queden sujotas a las duras condiciones que pus6 el Congreso en su acto, 6 decreto de 3 de Marso de este afio para arreglar y verificar los titulos y f)reten- ciones de los poseedores de tierras en el territorio de Orleans y distrito de la Luisiana. f Yo causante de que la intendencia fuese rointegrada en lo que le corres- pondia, aprovecliando de la circonstancia que ofrecio la cesidn de la Luisiana ; he conscguido hayan cntrado en cajas Rcalcs mas de cincuenta mil pesos. Habrd sido mucho mas sin los embarazos del Qobierno Americano y del com- mandante Folch. 1805.] GBANT8 OF LAND BY MORALES. 73 as a windfall. Had it not been believed that tlie Ter- ritory of Baton Rouge would become a possession of the United States, its inhabitants being accustomed to get lands without paying a cent for them, it would, have been impossible to obtain from that source any funds for the royal treasury ; and nevertheless, the way in which I managed it is- criticised — which management consisted in secretly circulating the report that Spain would soon part with that Territr^T-v ; obstacles and embarrassments are thrown in my way by those who should protect me, with a view to prevent me from obtaining all the results which I should get without such opposition ^ and, finally, indefatigable efforts are used to diminish my merits in these transactions, and weaken the credit which I should be entitled to claim, thus rendering painful to me what should have been a cause of gratulation. This is, how- ever, the fate of the man who thinks of nothing but the strict accomplishment of his duties ; but, fortunately, if I do not succeed in putting down the false charges brought against me, one consolation shall never be wanting, and it is that which I shall draw from my conscience."* It must not be forgotten, whilst reading this curious dis- patch, that whep the Intendant was thus secretly circu- latmg the report that Spain would soon abandon the * .... La Real Hacienda no ha tenido desembolso alguno, pues los com- pradores han satisfecbo los gastos de apeo, medida, &c., que han sido de bas- tante consecuencia, y que pueden considerarse parte del producto de las tierras. Dicha Buma, como se dice vulgarmente, debe mirarse caida del cielo. Sia la creencia que el Territorio de Baton Rouge iba d ser possetlon de los Estados- Unidos, estando como estaban acostumbrados estos habitantes a conseguir tier- ras sin desembolso, nada liabria producido este ramo de Real Hacienda, y a pesar de ello, se critica mi manejo, se me ponen obstaculos y embarazos ]X)r los que dobon protegerme, para que no consega todo lo que sin tales inconvenit^-tes habria logrado, y por ultimo se practican diligencias y establccen recui-sos para diminuir el merito, y aun para quo me produzca pena y desagradolo que habrt\ tU) proporcionarme satisfacionea. Disgracia grande del hombre que trabaja y ?o esmera en llenar sua deberes ! Pero me quedo el recurso de que hi mis des cargws .no fueron suficientes, &c. ■w^M :,1|., .-..■lit ;..'•.■ ■ ''^U9 ■ lit. ' vi '. -t y.i mm": if' :Vrf,4?' w .' Ti .t«."!^'l^■ Ln:■rj..•-%■ ^ • V-/; , ;■' tin . 1 , P ,. K,. :'fc. ■ 3i- •J -.-f^i./'.r ■ . ,- I, ! f*[h.,'ril;-, 'h-:' : ^;-:-^ , .',..'. ■ ■!;,*•'> >. I » , .»•• U *' ' 45^ CAS^ CALVO AND HIS BODY-GUAED. [1805. district of Baton Rouge, the Spanish Government was loudly and bitterly complaining of the grasping and un- just arrogance of the United States in claiming it as comprehended within the ceded Territory. Thus Morales was still lingering in New Orleans, much to the annoyance of Claiborne. As to the Marquis of Casa Calvo, he was preparing to make an excursion through the colonial provinces of Spain in the neighbor- hood of the United States as far as Chihuahua ; and the remainder of the Spanish troops had at last been removed to Pensacola. The intended departure of the Marquis was a o-reat I'elief to Claiborne and to others, to whom his presence had beer very imacceptable. The Spanish guard Avhich Caso Calvo retained about his person had been an object of complaint. Claiborne had requested him to dispense with that unnecessary display, and that officer having acceded to it, Claiborne had written to him a note, on the 4th of January, to thank him for hav- ing complied with his wishes. " The existence of yoiiY guard," said he, "was not considered an object of serious concern, since I was well assured that your Excellency would disapprove and repress any interference on their part with the citizens. But, as complaints were made, I thought that it would conduce to harmony to have your guard withdrawn from the streets. The protection due to your Excellency is prescribed by our laws, and every officer of this government will be happy to render it." * The importance attached by the complainants to the Marquis's guard can hardly be conceived, and the bom- bastic Resolutions which were introduced in the City Council on this subject by a member of that body, T)e- come almost ludicrous, when contrasted with the naked fact, that those Spanish troops which were represented * Executive Journal, p. 63, vol. 1. 1805.] QUAEBEL8 BETWEEBT MORALES AND CASA CALVO. 15 in tliose Resolutions " as dangerous to tlie peace of the city and to the sovereignty of the United States," con- sisted only of a corporal and four men posted at the dwelling of the Marquis.* Another cause of annoyance to Claiborne was the lival- ry and hatred existing between the ex-Intendant Morales and the ex-Governor Casa Calvo, whilst they remained in Louisiana to wind up the affairs of the King of Spain. In theii' conflicts, they constantly appealed to the Amer- ican governor, who, of course, declined all interference, and had even to check them whenevei* they pretended to exercise any authority over matters which, by the change of sovereignty, had been withdrawn from their jurisdic- tion. Claiborne f also complained more than once, that Edward Livingston and Daniel Clark, moved by their hostility to him and by dangerous political views, '' had injured the interest and character of the Government in the Territory." These two gentlemen seem to have sided with the Spanish authorities in their quarrels, and their interference was a source of inliiiite mortiiication and irritation to the American Governor. As to the Marquis of Casa Calvo, Claiborne seems, nevertheless, to have en- tertained a favorable opinion >' jim, for he says : " I find no .difficulty in transacting business with the Marquis. He possesses a great share of Spanish pride, and a warm, irritable temper, which s'nnetimeS betrays him into im- prudencies, but his dl?(positi«/ji is generous and accom- modating, and his general dop'* *r I J' Mi., discretion, more genius than judgment, and his general conduct is far from being conciliatory." On the 10th of February, the Spanish officers, although notified that their presen^^e in the Territoiy was unpala- table, clung, under vitrious pretences, and with a sort of mysterious and inexplicable fondness, to the province which their government had ceded to France, and France to the United States. "It seems the evacuation is not yet completed," wrote Governor Claiborne, * " and that several Spanish officers continue in this city ; some have been permitted to retire on half pay." As to the Mar- quis of Casa Calvo, his plea for remaining was, f that " he expected shortly to be employed in defining the boundary line between the United States and the Mexican posses- sions," In the mean time, war had broken out between Spain and England, and the news of that war, together with the opening of the port of Havana to neutral ves- sels, X liad greatly benefited the commerce of New Or- leans. The levee became ciwvded with flour and salted provisions, red wines anu dry goods destined for exporta- tion. Nevertheless, th^ Spaniards gave great uneasiness to Governor Claiborne Their forces in Pensacola and West Florida amounted to nine hundred effective men ; besides, two hundred were stationed at Baton Rouge, about eighty at Mobile, and according to common report, the number of the troops in Texas had been considerably augmented. At the Bay of St. Bernard they had been erecting a fort, and the coast was studded with their gar- risons. It Avas even believed that, at a point distant only two hundred and forty miles from the mouth of the Sabine, they had concentrated two thousand tioops.§ e t r m • * Claiborne to Modison, Executive Journal, p. 88, vol. 1. f Clailionie to Madison, Executive Journal, p. 103, vol. 1. X Claiborne to Madison, Executive Journal, p. 95, vol. 1. § Claiborne to Madison, Executive Journal, vol. 1, page 118. 1805.] INCREASE OF SPANISH ARMAMENTS. 77 What made it worse, was tlie impression generally spread among the population, " that they were shortly to foil again under the dominion of Spain ;" and the Spanish officers in Louisiana and in Pensacola took frequent occa- sions to remark, "that West and East Florida would be given in exchange for the territory west of the Missis- sippi ; and that on no other. condition would the cession be made." * These reports of the increase of the Spanish armaments induced Claiborne to demand explanations of the Marquis of Casa Calvo. At the interview which took place, Clai- borne said, " that the President had been desirous that, pending the negotiations between the two governments, the present state of things should not be innovated on by either party, and paHicnlarly that no new positions, or augmentations of military force, should take place on eitlier side, within the territory claimed by both eastward of the Mississippi ; that the President was anxious that the existing differences should be amicably adjusted, and entertained strong hopes that such would be the result." The Marquis replied, "that the forces of his Catholic Majesty had not been augmented at Baton Rouge, Mobile, or Pensacola, in any other manner than by con- centrating at these places the troops which had been withdra vn from the various parts of Louisiana now in possession of the United States." They finally parted f from each other with reciprocal assurances of personal consideration, and of their great solicitude for the pres- ervation of a good imderstanding between their two nations." This interview had taken place on the 19th of April. On the 21st, Casa Calvo called on Claiborne, and in the course of conversation, expressed his surprise * Claiborne to MadiBon, 5th April, 1805, Executive Journal, vol. 1, page 130. \ Claiborne to Madison, 19th April, 1805. Ex. Jour., p. 124, vol. 1. • .f. '•'j >.(, ,: i'.',",*K.-as',' ;.-;,.■ /ill ,■•,-.•<.. ;..>'«»i .. ..•^••-iVv'lS'ij i -0 "."""^■^Sb^IB Il : 'V ' I '!■'!"♦ ■ '"V. " ■ . ' T' ' ' .f' ■ . *. - k" I, iJ-, •■ ,.',,-r' ; : S- .'. '•■•'"I* !, • !•; •pi' . •■'■■•'.-■■; J'' ■ ', '. '% '" " :• . . '■ ;" *■' ' '■*■ J'^'l J- i^;»'. S: life'' ■»?•• ;vi:i':.; ■7 • •• »» ■'■". «■, ; ''i' ■ - 1^1 V;\ '»'*.'' ..': .jt,.....,, .-^ I :l ■ '* . ' -.i-i','] '■'■■'■■■ ■■';,^'« ti ;•■♦,, ,„; ■ ■ 78 APPREHElS^SIONa OF SPANISH HOSTILITIES. [1806. at the desire of the American Government to extend their limits. " He introduced," said Claiborne * " the old hackneyed argument that a republican form of govern- ment could not long exist over extensive territories. He, however, p.eemed to think that the issue of the rai?^sion f would be favorable to the wishes of the Presi- dent. There is no doubt but the great object of the Spanish Government will be to limit the possessions of the United States westwardlj by the Mississippi, and to attain which, East and West Florida and other considera- tions would cheerfully be offered. I form this opinion from my various conversations with the Marquis, with Governor Folch. and other Spanish officers. Indeed, many persons hei'e yet believe that the country west of the Mississippi will be ceded to Spain. The Marquis, in his private conversations, encourages such opinions, and until the issue or^r. Monroe's mission is known, the Louis- ianians* will not consider their political destiny as fixed. I have always told you thrt the foreign agents here saw with pleasure, and secretly countenanced, the discontents of the people, and I am persuaded that they have been mentioned to the Court of Spain as evidences of the favorable impressions which the former masters of Louisiana had left behind them. Fearing that these discontents would tend to encourage Spain in her pre- tensions to West Florida, and to lessen the interest which France might otherwise take in effecting an accommoda- tion and thus embarrass -ar administration, I saw with regret and surprise the unnatural part which three or four apostate Americans of talents vere acting here. But there are men whose hearts are so organized, that no consideration, not even the interest of their country, would induce them to forego the pleasure of gratifying ■* Claiborne to Madiscn, p. 128. Ex. Jour., vol. 1. f Mr. Monroe's Special Miosion to Spain. ofl u hal enl ani lis i • I* , ■I if :., 1805.] SUSPECTED SPANISH AGENTS. .< .■■. 79 tlieir personal resentment, and there are others in whose breast a spirit of avarice abd self-aggrandizement has acquired such an ascendency as to have stiiled every honest emotion. But it is unnecessary to enlarge further on this head. In every community there are degenerate characters, and it aflPbrds me consolation to assure you that the great body of the Americans here are useful, worthy members of society, and faithful to the interest of their country. I can add with like sincerity that the Louisianians, generally speaking, are a virtuous, amiable people, and will, in a short time, become zealous sup- porters of the Amenca,n Union." In the mean time, whilst Claiborne was thus looking round to guard against danger from foreip": and intestine foes, the news which he frequently received from two individuals in the Western District of Louisiana, who had his entire confidence, Dr. Sibley and Captain Turner, were far from being of an encouraging character. Captain Turner was persuaded that Spanish agents had endeav- ored to alienate the affections of certain Indian tiibes from the United States, and had soured the minds of the people of Natchitoches against the American Government, im- pressing them, at the same time, with the belief that Louisiana, or at least that part of it which lay west of the Mississippi, would shortly return under the dominion of Spain. Turner's statements to Claiborne were con- firmed by Dr. Sibley. Both united in informing him " that the intrigues of the priests at Natchitoches had had an injurious tendency, inasmuch as they had weak- ened the allegiance of the citizens by giving cuiTency tc an opinion that they would soon become Spanish sub- jects, and excited hatred against the American Govern- ment by representing that it afforded no protection to re- ligion, and that an association with infidels (meaning the Americans) would dishonor the memory of their ances- ■.■^i: 'mym$. ' ■■".:'i.>'V.v,'.""''tH* ■'Mi : ^.I'l-.t 1 ■%^'l •'1'! ft i'' i '■ ■?:,■: ■' IV. ■[ ' .i ..-t- AARON BUBB ARRIVES IN NEW ORLEANS. [1806 tors, who Lad lived and died in the true faith. " A character calling himself the bishop of one of the interior provincea of Mexico," says Claiboriio,* " lately made a visit to Natchitoches. He traveled with great dispatch and in much pomp. He appeared to be a man of great literature and of considerable address. He kept a journal, and took the latitude of many places through which he passed. His inquiries as to the geographical situation of Louisiana were minute, and from his general conduct it would seem that his visit was rather with political than religious views. The bishop was received by the Commandant at Natchitoches with respectful attention, and after resting a few days in the vicinity of that post, took his departure for the city of Mexico, to which place there is said to be from Natchitoches a plain direct road, that can be traveled with facility at any season of the year." When such was the state of things on the frontiers of Texas, large sums of silver were coming to New Orleans from Vera Cruz, consigned to the Marquis of Casa Calvo, ostensibly for the payment of pensions to Spanish officers allowed to reside in Louisiana, and to meet the expenses which tht Marquis might have to incur as Commissioner of Limits.f r At this conjuncture of affairs, Aaron Burr, on whose brow the i-esult of his duel with Hamilton seems to have put the seal of Cain's curse and fate, arrived in Louisiana with letters of introduction from Wilkinson, the pensioner and the tool of Spain, who, " to expedite his voyage, had fitted out for him an elegant barge, sails, colors and ten oa."s, with a sergeant and ten able, faith- ful hands," J and who wrote to Daniel Clarke that " that great and honorable man would communicate to him * Claiborne to Madison. !»th Jane, 1805. Ex. Journal, vol, 1, p. 176. f Clniboi-no to Madison. iSth June, 1805. Ex. Journal, vol. 1, p. 187. i Purton'B Life of Burr, p. 391. New York, eleventh edition, 1858. 1805.] AARON BURR IN NEW ORLEANS, 8t many things improper to letter, and which he would not say to any other." * Claiborne alludes to this event with remarkable laconism in a letter addressed to Madison on the 26th of June, 1805 : "Col. Burr," says ^e, "arrived in this city on. this evening" — and he only retunjs to the subject to say, in a letter of the 14th of July to Jefferson : " Col. Burr continued in this city ten or twelve days, and was received with polite attention. He has departed for St. Louis, and proposes to return to New Orleans in October next." Purton, his late biographer, writes that Burr was received everywhere in that city as the great man, and was " invited by Governor Claiborne to a grand dinner, given to him, and which was attended by as distinguished a company as New Orleans could assemble." f Whether Burir swelled the number of those "dangerous Americans who sympathized with the Spaniards," and of whom Governor Claiborne complains, does not appear, but it is to be presumed that the " great man^'' the friend and prot^g^ of Wilkinson at the time, could not but have given to the Spaniards some satisfac- tory intimation of what had brought him to New Orleans, or Wilkinson, their pensioner and spy, would not have countenanced him so openly in those critic^ circumstances, when so many dark intrigues were evi- dently on foot. Whatever they were, it seems that Clai- borne's apprehensions had recently been much allayed, for, on the 27th of July, he wrote to Madison that the police of the city having become vigilant, and the civil authorities throughout the province being thoroughly organized, he could no longer see any necessity for the stationing of regular troops in the interior of the colony. " In this city," said he, " one company might be usefully" employed as a guard for the public property, but a * Porton's Life of Burr, p. 898. f Do. do., page I Claiborne to Madison, Ex. Journal, vol. 1, page 217. a 4 • i'r . '■■:%'.■.""'■■ -i"'' •. ».';'V I'-'rr.. ' •.,:;S'^' ■■■;.■■• *., I.J1' "■■■■ .;''.n. ! ■..'; ■MJ^' *»'■* .-ll i t .^■, 1 ■. ■ to 1)6 unnecessavy. i^ creator uumter ''Pff%™J„e..u.,«,«,ortUe erecting f re«g*e,nug of the lort« <^^J^^l^ ^^ the Mfe».«BWi nf Tnew fort at some ^to»g.f f*'° oViect worthy the toHow Orleans, leoBSide' an obj^^.^ ^^^ Mention oi ^^-^^X^ZZ'' ^«^'''£^ post, ioguaiu, regular torce »" l' itmi-UbBadvl8aHetoha^ea b ^^ ^^ ^^^ ^^ect a« ^ 1.1.. tliemto act with prompt , r aiiig tliis Adams." • ^, f notice that during the sojourn ot But it is worthy ot f *'°X ooth of June to the 14tli B m. in New Orleans, fr-m *« ;«'';,„t„„ ti^at there was ^. Tulv ItwaB deternnned »» ^ f^ ^' flence l>etween fhcieut cause for a ^''"'•^ ''TS;^^^ andtoaccom- ?,;S and *^^'';SnrtenrTotheG<«^-. pliBh that pnrposc, » '«PJ«^ ^ t^.^eof on the 12th ot ll>o acknowledged the '^'='*'P' n ,^hat was it which it AAicrutt ■ ^Vhat had tapP""^^'^"^ "I, public eye, from S;-ed proper *« T^^Xtng is left here or that time to the present day . jj,„t„re ; and the to explore ^'"^f ^^-^f^Sillties l to be accepted •rcumstantial evidence «tPioo ^^^^^ ^^.^^j ^3. Xd of f;P°tTstno often that the hi.™ certained facts. It is ^^ ^^ discovers that there when consulting offleialaocnn , ^^ ^^^^ ^^^ ,^ are secret ones which wffl ^e^ .^^^^^,, cannot be out which the events ^ , !, -Bweciated. Longhly sifted »^^2n?Cmed to he at this tm,, !-:r.SrSnrsni.or .stance, as the m 1805.] THE SPANIARDS UNWILLTNO TO DEPART. 88 lis tune, le dispo- can Gov- granting (»f passports to an American f^xploring expedi- tion, whicli, under the command of Dnnhar, was to go up Red River into the Spanish Provinces — and such as the surrender of shives who had run away from the Natchi- toches District into Texas — still he had not ceased to be exceedingly anxious that the Spanish officers should re- t.!. move out of the ''l'erritor\ cers seem to forget the had received on the 9ti objected to being taxed, slaves and other propei i \ "tai But not only did those offi- tion to depart, which they ber, 1804, but they even • rest of the citizens, for which they had in the Terri- tory. To their remonstrances on the subject Claiborne replied : "For myself," he said in a letter to Casa Calvo, " I cannot see with what propriety the individuals gen- erally claiming io be officers of Spain, and who reside in tliis Torritory, can claim any exemption from the muni- cipal laws. How far your Excellency, and the gentlemen attached to your family, to whom I am disposed to pay every attention in my power, may be entitled to any pecu- liar exemption from the operation of the municipal laws of this Territory, is a question on which I sha I solicit the opinion of the Secretary of State of the United States." He also availed himself of this occasion to re- mind the Marquis that, by the treaty of the 30th of April, 1803, a period was prescribed within which the forces of his Catholic Majesty should be withdrawn from the ceded Territory. " Subsequently to the expiration of that period," said he, " your Excellency was urged to direct the departure of certain officers who had contin- ued in the Territory so long beyond the right and the oc- casion for it. But they, nevertheless, remain stationary, and the circumstance furnishes ground to believe that some of them contemplate a permanent residence." Com- menting on the subject in a dispatch to Madison* dated * Executive Journal, vol. 1, p. 230. 'la IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 m m 12.2 £ 1^ 12.0 6" Sciences Corporalion 33 VMBT MAM STMBT Wnsm,N.Y. MSM (71*) 172-4509 k^ ^ 'IV fVf: .V m ,^ 84 CLAIBORNE'S BEMON8T«ATrOE8. [1806. -I «;i . " You. no doubt, ^1 be surprised to see so ma y | ^^ Louisiana, city. The f'«=*/^'*'"^,trirtbem to depart." But and iie«<««*y t"-'^nVwtrMid there was a charm Casa Calvo had wmn ug wa> J ^^.^^^^ ^^ ^ost in his deportment "h'f "'"'r^. eompWuts, to show compelled him, »»f ^^^^f^ Xrs. This is den.- great forhearance to the Spamsn ^^ ^^^^^ fnstrated by the lettei* J^^.^^ ^^ ^ ^^ our he wrote to Casa Calvo .r .^ ^^^^ ^^„„, Excellency of *\?f"lrionally passed hetween communications T^^^- ~V ^ ^^ y,„, We^ na There is a/™"™*?, ? consideration on my part, which entitle them ^ l"g^ ~"^„ed, *iid not without Therefore, although \Y\77^B^\^ authorities in cause, of the g^-* f ^^.l^^Zribed for their de- this Territory W""* *?* *'^*^„ disposed to make parture I '^''^^/^f Sties which yo^^ have sug- great allowance for the^™?^ j ^^^ disposition of your lested, and -^♦""yn! toa^may de^ud upon your Ixcellency to execute, »'/" »f"/^ f^th, thestipula- agency, with promptitude and in go tions of the treaty." ,„„.ot rdations, and the fa- Notwithstandmg tli"?! P^"^^;;^^ these two ofScers, yorable dispositions e™*"'?^^^'^!^;^ of the country Ihe report of the ^'^ :t^2g H""!' «~""^' *'^ w«t of tlie Mis^™"^-^? « consequences which Claiborne, becoming '^'■^^JL^^^ and asked hun if niight follow, called on *« ^5^^^^ was circulated. • he knew on what ''"t^""' ^ *" Xe, and added that The Marquis answered in the n^^ ^^^^ he understood that the ne^^on«^J«j^^ ^^^ He '" ?*"°' -rthlt tl MinuC of State, Cevallos, had in- further said, that the Mm 1806.] CLAIBOBNE AND GASA OALVO. m fonned him (Casa Calvo) that the desire of the Court of Spain was to make the Mississippi the boundary, and that their expectation was to obtain this object in due time. " The Marquis," said Cktibome to Madison,* " de- livered himself in the French language. From my im- perfect knowledge of French, it is possible that I may have misunderstood some of his expressions, but I am sure I gave you the substance of what he said. The prospects of a retrocession of the west bank of the Mis- sissippi is now, and has always been, the theme of the Spanish officers who remain in the Territory, and many citizens seem to view it as an event likely to happen ; an impression which I greatly regret, since it tends to lessen their confidence in the American Government, and to cherish a Spanish party among us. Next, therefore, to a final adjustment of limits with the Spanish Govern- ment, I most desire to see every Spanish officer removed from the ceded Territory. There must certainly be a power existing somewhere vested, to cause to be exe- cuted the clause lA the treaty which directs the Spanish forces to be withdrawn within three months from the ceded Tenitory, and I should be pleased to have it hint- ed to me that, in my character as commissionor or Gov- ernor, T could, on this occasion, take, if necessary, com- p^tlbOry measures." The Government of the United States, however, had not, so far, shown itself disposed to pursue such a course, and Claiborne, on the 20th of August, departed from New Orleans,f on a journey to several of the counties of the Territory. In undertaking this excursion, he had two objects in view : the one was to benefit his much- impaired health ; and the other, to assist personally in * Executive Journal, vol, 1, p. 268. f Executive Journal, vol.. 1, p. 268. :'*} 'if. „ W" -Mi PiT: :•*,.;.■... ■!.;, i '^t^i . «' 11 ,1. : , i >,.£;■ « •■ ', ". ..a '- ' •, -""'T" " »■ ■ ■ .i' r' "v. ■ - t .. , ( /^ tr ! 'i i r . ,1? DEPAETUBE OF. CASA CALVO. [1805. ani, considerbg t^^^/tte £4 States had taken meuts of Spain and of the ^^fpi^^,^e arrived at towai-d each other On Ae 26*^,^ j^^^y of the Baton B«nge, ^^^ I'"'^^°* de Grandpr- "I ^vas Spanish Govemor.Don Carlos deui^_.^^.^^ ^^^^ r^rodnced," wrote Clf »»«J^,^tr sWeral months, where the Governor has ^^f^^ ^^ j,i« associates from an apprehension that Kemper ^he still meditated an attack agam^ ^ ^f ^^paired, tat the fort of Baton Kouge has ^^^ ^^ J, ^ defended works are iU-constrncted, f^^.^^' thousand men ; torn assault by a less '^""J^^ j^„^r":elected, for it is tVe seat has also ^««" '^"f^^^eV'^ a quarter of commanded by g'-""^^^" "^ New Orleans, Glav a mile distant." On his return ^^^^.. tame informed Mf^^^^^lnd a.y event in thing tranqud «"f,,^^,"ritory would take an agency which the people of the T^nt^ ^^ ^^ wHch would subject the go ^^^j^^^^ the „,ents." But he ,'»^^^; "^^^'este^ed here as highly United States and Spain was eswe^^ protable, and e^<**f ,""itlCihe Marquis of Casa ' At last, on the l^*/ j>"i"r^;* i„ accordance with Calvo departed from New Ori^ns^^ ^ ^^^^^^^^ a previous •'"t^t^'^tntk.ns which were-to pass explanatory of his intentions, wn ^,^^^^ ^ Sough iayou Lafourche and ttaB^. ^,^ g^.i, the sea,t and thence ^ thejn ^^^ ^^^ ^^ ^^ ■ which he proposed ^ ascend M^ stated Adais. In making this e^;"^,^, ,„« to enjoy the that he had two objects in view. *)■ 1805.] OASA OALYO GOES TO TEXAS. 87 amusement of hunting ; the other, to acquire some geo graphical knowledge of the country, and in particular, to ascertain the latitude of the Post of Adais, and to make an examination for some stone posts, which were said to have been deposited somewhere in its vicinity, and immediately on the line which was formerly estab- lished between the French and Spanish possessions west of the Mississippi. " I expressed to the Maixjuis a wish," wrote Claiborne, " that, on his arrival at the Post of Adais, he should be joined by an limerican officer from the garrison of Natchitoches, who should witness his proceedings, and make report to me thereof. To which proposition the Marquis having assented, Captain Turner, who speaks the French language, has been se- lected to accompany him." One of the instructions to Turner was to ascertain the longitude and latitude t)t several points in the country to be visited, and also the line of demarcation which had formerly existed be- tween the Spanish and French Territories. He was further requested to collect whatever other information might be useful for the Government, ^' although it did not come within his instructions."* On the 24tu of October, Claiborne's apprehensions of an attack on Louisiana from the Spaniards had bficome much keener, and were founded on infoimation which he had lately recei^^ed, and which he thought oorrect. Thus he believed that tour hundred Spanish troops had recently arrived at Pensacola, and that a largei* number was daily expected ; that three hundred men had been ordered to Baton Rouge, and that eight hundred had leen posted in Texas, near the frontiers of Louisiana. He was well assured that a Spanish agent had contract- ed for the delivery at Mobile of four thousand barrels of * Executive Jonmal. Claiborne to Turner, 14th October. Vol. 1, p. 264. % 88 CLAIBORNE PREt»ARES FOR WAR. [1805. ' w ?.* * .til i-i'.^.** •■."l' 1 'r'ii "^iS' '•■• ■'i •?■!/ F ^ :. i k ", f! i /ft . ^ . 1.. flour, and that the same agent, not being enabled to procure by contract the delivery of four thousand pairs of shoes at the same point, had purchased a quantity of leather. So convinced was Claiborne of impending danger, that he wrote to Robert Williams, Governor of the Mississippi Territory, to give him timely notice of the coming storm.* " I am pei-suaded," says he, '* that the Spanish agents in our vicinity calculate on an im- mediate rupture, and that they are making all the prep- arations which their means permit, to commence the war in this quarter with advantage. Until, therefore, we have information of an amicable settlement of differ- ences, or some strong assurances that hostilities will not be resoned to, permit me to advise that you remain at your post. I well know that, if you were to depart for North Carolina, and any difficulties should arise in your absence, you would be extremely mortified, and, there- fore, although I strongly hope that peace may with honor be preserved, yet, as war may speedily commence, I should regret your absence from a position where you might be among the first to partake of the danger and the glory of defending our country." These were noble sentiments, and Claiborne proceeded to act in accordance with them, by providing himself and bis friend, the Governor of Mississippi, with that weapon which every brave tand longs to grasp, when laurels are to be won ; for he concludes the communication, from which I have made the preceding extract, with these words : — '* I have purchased for you an elegant sword ; it is similar to one I have purchased for myself, and is said to be the kind of small-arms at present worn by the generals in France." On the 30th of October, Claiborne was confirmed in * Claiborne to Williams, 24th October, Executive Journal, vol. 1, p. 279. 'h- 1806.] SUSPICIOUS MOVEMENTS OF CAS A CALVO. 89 his apprehensions of a rupture between Spain and the United States. A governor-general of the province of Texas had arrived at San Antonio, and as lie was a brig- adier-general and was said to possess military talent, the fact was looked upon as not without signification. Be- sides, a fort had been erected on the Trinity River, and occupied by a garrison of two hundred men, the greater part cavalry. "The conduct of the Spaniards in this quarter," wrote Claiborne to Dearborn, Secretary of War, " is highly exceptionable, and manifests a hostile disposition." At the same time, heavy duties were lev- ied by the Spanish authorities in Mobile on all American vessels navigating up the Tombigbee River from the ocean. Clailjorne strongly remonstrated in a * communi- cation to Governor Folch against the vexations thus in- flicted, and which were calculated to weaken the good understandii'g which should have existed between the two nations. He further complained of the considerable armaments of the Spaniards, and demanded explanations on the subject, considering, said he, " that negotiations between our respective governments are still in train." Claiborne kept his eyes always vigilantly open on Florida and Texas, and was somewhat solicitous about the movements of Casa Calvo in the latter territory. New Orleans was fruitful in reports on the subject. It was generally believed that the Marquis had taken with him a considerable sum of money. Some said that he was to meet on the frontiers of Texas three thousand troops, of which he was to take the command; others that he was engaged in sowing discontent among the people of the western part of Louisiana ; many were under the impression that the money carried away by the Marquis was destined to conciliate the Indians to the • BxecutiTe Joomal, page 382, vol. l.r-DiBpatoh of the Slat Oct., 1806. 4 :,.>f,f. 'W!^^' 90 CLAIBOUNE ASKS FOIl REINFORCEMENTS. [1806 m .f r^^:m-' '('l Oj 4f:5!j^:, Spanish interest in case of a rupture with the United States. There were some who suspected that all these objectk^ together were within the compass of his journey. Various, indeed, were the conjectures,* and the news >vhicli Claiborne i oceived ^from time to time was not such as to quiet the excitement of the public mind. " Some troops," wrote Dr. Sibley to him, " have arrived at Nacogdoches — it is said two hundred ; and it is like- wise said they are going to fortify, in a short time, within five or six leagues of Natchitoches. Considering the attachment to them of their militia, and the contrary toward ns of our militia, they are stronger than we are, counting numbers." In such an emergency, Claiborne hastened to write to Madison : f " The regular troops here are few in number, nor can I rely with certainty on the body of the militia. I believe that many of the Cre- oles of the country would be faithful to 4he American Grovernment, but perhaps a majority of them would re- main neutral, and I am inclined to think that most of the Frenchmen, and all the Spaniards who reside here, in the event of war, would favor the Spanish interest. These are my impressions, and I deem it a duty to im- part them to you." After having given tnis information, Claiborne urged the sending of reinforcements to him as soon as possible. He advised that Forts St. John and Plaquemines be re-" paired and placed in a state of defence ; that the troops at Fort Adams be removed to Pointe Couple ; and that the troops in New Orleans, leaving only a necessary guard for the public stores and barracks, be posted at Fort St. John, and above and below the city of New Or- leans at suitable positions, not more than six miles dis- tant from the city. He thought that, by these measures, < * Executive Journal, Claiborne to Madiso;i, 6th November, vol, 1, p. 386 f Executive Journal, vol. 1, page 288. ' 1806.] OliOANIZATION OF THE MILITIA. 91 the pasBttge of a hostile army by way of the lakes, or from Baton Rouge, or from the inoutli of the river, might be opposed, and that, in this manner, " various rallying- points would be presented for the patriotic citizens of the militia." The vigilance of Claiborne continued to rise in proportion with the increase of danger, and, on the 7th of November,* he wrote to the Secretary of War: " I haye no doubt but that we have a few Spanish sol- diers in this city, who have disguised, their outward garb. The inclosed deposition will give some informa- tion concerning them ; their movements will bq watch- ed, and such measures adopted as their conduct may justify." ' When hostilities were thus within the range of prob- abilities, Claiborne felt himself compelled to give much attention to the organization of the militia# Conspicu- ous among the different corps was the battalion of Or- leans, which was composed of Americans, and of Creoles of Louisiana, who, wrote Claiborne f to Madison, " pos- sess a great share of military ardor." But Graham, the Secretary of the Territory, seems to have had but an indif- ferent opinion of the efficacy of the militia. In a com- municution to the Secretary of War at Washington he said : J " My own opinion is that it is not, nor ever will be, equal to the defence of the Territory. The climate, the nature of the country, which does not admit of a thick populatien, and. above all, the number of negroes, will ever make this a feeble part of the Union, even if the Cre- oles should be tempted to shoulder their muskets and feel as Americans. In this city there are sOme volunteer corps which might, I believe, be depended upon, and no doubt, in case of an emergency, others might be raised, but these ■".-■ . ■ '^-^ * Executive Jom-nal, vol. 1, p. 289. f Executive Journal, vol. 1, p. 391. j i Executive Journal, vol. 2, p. 19, I36tli December, 180S. ^ 1. yp •>« E ,P .^■. I, ■ .(.. . Jr' liVpt t:: ■■'•. - 1 ' I •>•.-"'■•.■: >..•'>* ,■« ,■■" \' J. < ■ * ■ 1, •.•► ^if: *.fL m IfEGOTIATIONS WITH SPAIN. [1805. would consist of men who could not leave the city for any length of time." After having taken a view of what was occurring be- tween the Spaniards and Americans in Louisiana, and in the neighboring provinces, it is proper now to examine the course pursued by the two governments at Madrid and Washington. On the 4th September, 1803, Casa Irujo, the Spanish Minister at Washington, had protested in the name of his Government against the cession of Louis- iana to the United States ; * but, on the 10th of Feb- ruary, 1804, he had informed the Government of the United States that he had received orders to declare that his Catholic Majesty "had thought St to r»T)ounce his opposition to the alienation of Louisiana made by France, notwithstanding the solid reasons on which it was found- ed, thereby giving a new proof of his benevolence and friendship toward the United States;" and, on the 15th of May, the minister had repeated the same declaration, coupled with the hope " that the United States would correspond, with a true reciprocity, with the sincere friendship of the. king, of which he, the king, had given so many proofs." There were pending, however, between the two Gov- ernments, questions which were soon destined to test their mutual forbearance and friendship. The principal ones were those originating in the claims of the United States concerning the limits of Louisiana and th^ injuries done to American commerce by France, with the assent or acquiescence of Spain, and for which therefore she was held responsible. These questions were discussed with great ability on both sides, and the arguments would fiU up a large volume, but did not lead to any satisfactory conclusion. At last, on the 5th of July, 1804, the tO«t ., * Gayarre's Spanish Domination in Louisiana, p. 684. 1806.] PIKOKNST AND OBTALLOS. 98 American Minister at Madrid wrote to Gevallos, the Sponisli Minister of Foreign Aifairs, a note which was couched in the terms of an ultimatum, and in which he said, " I wish to have your Excellency's answer as quickly as possible, as on Tuesday I send a courier with circular letters to all our consuls in the ports of Spain, stating to them the critical situation of things between Spain and the United States, the probability of a speedy and serious misunderstanding, and directing them to give notice thereof to all our citizens, advising them so to arrange and prepare their affairs as to be able to move off within the time limited by the treaty, should things end as I now expect. I am also preparing the same in- formation for the commander of our squadron in the Mediterranean for his own notice and government, and that of all the American merchant vessels he may meet."* On the 8th Gevallos replied by a note, in which he re- monstrated against the menace implied in the American Minister's communication, and said, "The King, my master, cannot persuade himself that such language is conformable to the moderation which he appreciates in the American Government." On the 14th, Mr. Pinckney disclaimed all idea of having intended to take a menacing tone toward Spain, but, at the same time, maintained that the position he had assumed was justified by the ex- traordinary language used, and the extraordinary course pursued by the Spanish Government. He said, " I have repeatedly told your Excellency that, as to the two questions of abandoning the French claims,f or consent- ing to anything to affect the limits of Louisiana, my in- structions are as positive us possible never to abandon the one, or enter into any contract, or even negotiation, respecting the other." And he further held this em- * Appendix to Gales & Seaton'a 8th Congrem, 3d Session, p. ISlf . ' ' f For which French dalms Spain was held responsible. . '& t ■/ '4 ■ ' 1** . 1 ■• 94 MONROE BENT TO HPAFN. [1800. pliatic lan£^ua2fe : " In all tlie fHfference« between Great Britain and France, the United States have unitbrinly maintained their rights with a firranesH tjuit has done them honor in the opinion of every nation; and as I have often told }'onr Kxcellency, it is not to Si)ain, or any other nation, they will yield them." This lofty tone was met with a corrcspondmj^ spirit by Cevallos, and both Ministers, with iqu'.l tenacity, seemed determined not to yield an inch to ri;.;h other. Snch a turn of affairs rendered it expedient, in the opinion of the President, to send a special envoy to Madril!^^ .^{.^t- «y: 96 NEGOTIATIONS WITH SPAIN. [1806. ernment in the event of a rupture between us and Spain, they answered : ' We can neither doubt nor hesitate , we must take part with Spain.' In another dispatch of the 18th, he said : * Another experiment has been made, but witliout producing any result propitious to our objects. Nay, the more this subject is discussed, the more deter- mined are they in maintaining the doctrines, and pursu- ing the conduct indicated in my letter of the 12th.' " On the 23d of May, 1805, Mr. Madison,* alluding to these two communications from General Armstrong, wrote to Mr. Monroe: "From these communications it appears that France has arrayed herself on the side of Spain in such a manner that Spain will neither be disposed nor be permitted to bend to oui* claims, either with respect to West Florida, or the French spoliations." In the mean time, Monroe and Pinckney had jointly resumed the suspended negotiations at Madrid, but they had no favorable results. On the contrary ,they seemed to have exacerbated the feelings of irritation already ex- isting, as appears by a joint note addressedf by Monroe and Pinckney to Cevallos on the 9th of April, 1805, in which they said, " The undersigned have the honor to in- form his Excellency that they expect an early answer to this communication, and that by it will their future con- duct be governed. They consider the negotiation as essentially terminated by what has already occurred; and if they pursue it, it will be only on the proof of such a disposition on the part of his Majesty's Govern- ment as shall convince them that there is just cause to conclude that it will terminate to the satisfaction of the United States. Having acquitted themselves, in every particular, of what was due to the just, the pacific and friendly policy of their Government, it remains that they -d * Qalcs & Seaton, p. 1858 aita^^. \ Gales & Seatoa, n. 142fl. % 1800] inSOOTIATIOHB WTTH SPAIir. -*'' sliotild not be ^tiiAihidlbl of what they owe to its honor, its character aiid its rights. If his Majesty is disposed to adjust these {iil|K>rtaint ooneems by an amicable ar- rangement between the 'two nations^ x>n fair and cqtud termSj it may be eau^y and 8{)Mily done. ^ Each party knows its rights, its interests, and how mtidi it ought to concede, in a sjMt of cohciliktkm; t6 ao6omp4ish the ob- jects of the negotiation. The uiidersigtied ^el the force of that sentiment, and will not fail to respect it. Bhonld his Majesty's Government;' however, thiillt proper to in- vite another issue, on it will the reffponmbility rest for the consequences. Tke^ United Staftes are not linpre- pared for, or unequal to, any crisis whieh niay occtn*. The energy which they have shown on foilmer oeeasions, and the firmness of thdr palert career, mutrt prove that, in (Sub- mitting with une2fl(tn|>led patience toi the injuries of whick they cotttpkin, Mid dierisMttg l^ith sineerity the relations of frien^hip with his Catholic Majest}', no unmanly or nnwortitiy niotive has influeAeed their conduct." • ' Thk ndte^iiied to fi^tieid ite desired effe^; sttd After repeated «ff[>H» on boih i^es to come to an understand- ing, Pinc^^y and Motiloe,' on the I2th of May, submit- ted to Oevidlos the Mld^wing tiltiniAtiim : ** On coifidition that Spain tl*lll e6de, on her part, the Territory to the «ast^ofthe MiMtiifflppi, aliA' arbitrate her own spoliattoiM odnforriii^y%> itte eoif^iition of Au- gust 11, 1803, tb« Fluted Stilts wil c^^, on their part, thtfir cMta lio imtHHkaf wMt of ft^Hne to be dnKwn from the mou^ of lli^ Odbiiado Wit^ iou^ce, and firom thence t6 the fl^liera iimits of lioidB&aia, in wtuk a ttHOi- ner as td av«4d lie' dlifei^t iTf«hi aiikd their bnuu^es which m^^lato^e Blii a iiB8 i|ypi - « ^^»«s r^vi. '^ They will establish a Territory of thirty leagues on both sides of this Mm, m^ileli shall remain unsettled for- 7. ■To I*' .V* i ^ J.V- -• ■ - ■ v^^'^ m^r:-^ t.v/V->;..J«.. a Us >■•« ■t- „„ Oir THB IIM1T»^ STATES. ULTIMATUM 0¥ THJU Mila li |eo6. j,g DITIMATB-- ride if SP^*"- veesels, »>y ^^^' , . i :«, to com- for ttoee r-thelorte „f 8p»» ^"1^^ that Three aays after, OB wi» * ,p, il |«':Vi.JiJ'«fjHf • a,i«i**«**»T»'^*'*- 1- Led 5on- our ites, ^ber idas, 3r the t,and ^ the jt ^ar, rjvthat ^ai not the dis- Mfii^Bty t,9iiHe collider crpwn." igQ^taon 1808.] XEGOTIATKWS WITH SPAIN AT AS END. 99 heing'dcmsidered as at ftu end by the foregoing answer of the S|>ani«b Minister of Foreign "Affairs^ Mr. Monroe^ whose duty it became to repair immedisifcely to London, where he was Besident Minister- of the Utiited fitates, asked for his |)assport, which Was granted^ and, on the 2 let, he had his fitial audience of the King/ to take leave in the usual fOrm. On the 28d, Monroe and Pinckney, jointly, wrote from AranJuOi! to Madison': "We are sorry to inform you that the negotiation with whick we were charged by the IH-esident with the Q^ovemment of Spain is concluded, after failing in all its objects, notwithnt^ftd* ing our unwearied and laborious exertions, for so great a length of time, to {irocttre for it a difliBrent mrult." On the 3d of December, the President informed Congress, in his annual message, of the complete fililiire of negotia- tions with Spain, and of the ii^uries perpetrated by hor fetid Othewl of the belligerent powers in Eui'ope against Anterican odmmei^. " in reviewing," said he^ " those injuries from some of the belligerent powers, the moderaMon,'the firmness and the wisdom of the Legisla- ture will alF be billed into action. We ought stBl to hope th^ time aiid a correct estimate of istere^t, as wdl as of chiiracter, ^H product I3iejusti{)oint thtit et^^eetatioii, W» nrast join in the unprofitable contest of trying wtioh party can do th'e other ihoSt han!n. Some of these injuries may, perhapig, admit a peftceaMe rettiedy Wh«ro ^a* is com- petent, it !s iilwayS the most desiiftKle^ But iKme of them iiife df ariaiture to be niet by fo^ , m M KiO, Wr^ lfg|f¥^lill »:#:.:: :;i .,^ ■ • tbmn wiB complete the bieiory of thie year. Early in January, CHtibome had mformed MadifDn of the revnl- sion which had talcen place in the temper of the people oonceriihg the eetablishment of a Baik, which had been so rk>len'ildy opposed in the beginning. But, at last, its incipient capital had been subsoribed, and an election of Directors hild hem proceeded to. "I had* hoped," he wrote ^ to Albert Gi^tin, *^ that this measure would not hare been carried into ^ect, since it had been disap- proved of at the Seat of Government. But the spirit of adventure, which, fbr a length of time, was dormant, has been revived by the exertions of a few individuals, and it seeras that the people are determined to put the Bank in motion." Claiborne had not feund the Ezeeative Chair one of ease and repose in Louisiaiia. Severe strictures were constantly published on his adminisAratioi^ hia public character, and even his private life. On the 10th of Janu- ary, he thought himself bound, in duty to himself and to the Qovi^nment he represented, to forward "to Madkon the papera whichiconti^lied those strietureS) with observa- tione on the piincipal aoeusations brooght against him. '^ My aoeusers," hef said, ^* take great oare to inq)re8s the public with an opknem that my government commenced here under the meet &velfi^leastiq>ieea^an assertion con- tradicted by every ciraanitanee of €ie times," Ac . . When possession of Loidsiana Was received, the aspect of affairs was not such is pton^eed either a pleasing ad- ministnitiony or » happ5^reiii)t, !|lie people w«re i^it intd'pai^ c^Hded in^ieir iiietl^ indlhe ^K>rt of fbite%n itad domestie intrignevft Th» ftfaelkm of gov- ernment were near]^ at a stattd^ and nradi iras wanting to produce system^ and reetere order to, the d^Savent , • (MbotM to Albeit ChUktli, Jan. H, f.4Hk vdt. % BsMttHre JoWmO. f Ezecutire JonniBl, p. (I^.yifl. 1. f 18 tory mea^ui^ of -perwuaipa to kaatpi thmc departure, would not have been authorised by anything which had ocourred^ ai^ he a w» had the liofat meeeiBBayy tio eanry any eOB^piiilsory maasipeiinto eiMt . Aa^ tkaMafquia of €as» OiilrA?^kavMg retaiiied^a sei^Ml at his h^ose, it nevsf gspg laa anyy^qBaasiiiass^ ajdlnieed l^limw ntfH until laleljF that it^npM «igea>ec«idniid as im eljeet oi jeabniur by aa^ c€ ouv eitiaeiiik I, llowever, cMuaiuni- cated the ciiculnstance to you, aad^ocmoeiving fi?om your 102 oLAOoaira^s sja^YamMAiaov, tUM. r ■■■.'■ I ■■'■■• . ■I : '\i. j' ll^'J • '^'; > m-y sileiice that jovt viewed iV«s I did, m a vei^' npimport- ant light, I did not'ktirfere o« the nilijeet till ktoly^ on a confif^itit made againi te guard fov aa ontiage on a citiaen, and the eeBtkieli waa discontiniied at. my request." .... The InteiidaniMoridea and theMarquia of OasaX^alvo hated each other thofonghl)^,' and aa both ofieers, irithia their roepeetive d^partlntote^etyi pretended t&ezeieite authority over th.o«e Spaniards who rtfmakied in the !f e^ ritory, and orer the property they held ^lierein^ l^iere had arisen between tltfeni bitter eoi^etB^'Whioh had in- volved Olaibome^to whom both appeid«d^ in^ repeated difSculties. On thia subject, in the same eommunication to Madison to whieli I ha«# already i-etiiirred, he said : ^' yie#Siig the coiiteet- freia the^^eginaiiitg ae one arising altogether oitt of ilMf' privata aniiiiositiiia of »^tm> Joteign offioeta, in wkich lieltibBr I, nor ttiy^oa&tiy^ waaaaywlfie ittteiiested,! waa Unwi^g tei^tn^ nano^ or au^rity i^duld be^aed Oft thif ooMMlonf aftd WM^Iiid desiroizs that th« aihilr Binght t#Biinate wtthtfut troubling our (?^ov^mijxeiit,^or httolfi% itpMeMa^n the^uestiosi As soon as I discovered that the Marquis ^^roeMd^ to im- afllhi9ri|sad lengths^ awl T«aa immediately ariuli aa a knowledga of 4lie<«i$^ of my eoimtry dic- tated. -. ./^i-H;^-'"'; ^■■^"■- - "■ ■ ■' ^''-- ■■■^^"S^ injtu^^iul^iiiid.flllbttnded a^^ons mad#'tt)^'^e iHinenee of i^e^iiqitis^e^er my eondnet deserve no mfi^m,^ Mfhe irti^. i^ -^^ s^Mi^ but a finmii 'kter- ocNiiii^ ol«iv3iti»(Ki/«<<^«jistiid%6tw%en^^ Miiliveiiftliis IsM beim disisoaliltdeiFBllMi^liii'^u^ of Boia JIfoanel Gardbi^itt whiili, iMig^^lixlliislvi^ a^ jaidic^ inig, ^e^Spat^arda, tlurbugh ignoi^moeof oitrCrevenMnent, have sD^ypo^ me to hum been concerned^ 18 but for tli^ stattding^eir "talents give them, conM not'1#ecAiiMered«0fl^#lm0# 116% bttt>i^ isiKiibMd to l^ntd^ iJMt nothit^ M W left^'tliHssM w4dch «^ my feel- ings, lilid^hit i^ypiHySe aad pri!Vite xiharaeter will be cruelly u^rflprtieiAed." -^ Claiborne was riirht in his apprehensions : for the rm^ V'. ;V..iM'l;4 Mai I'. • * * I 11 (|,. ♦■ :•* 9 ••:;-' * *i,- 104 OLAIBOUrs's MUbF-yXirDIOATION. [18M. aDimogity of his en«Bii«i went aohrmio acoiue him of having used his Aotbotitj t^ fiiTor the elopement and the subsequenti maniage of JienteiiaBi I^oyk, of the United States Army, with a yoang Okeok gill This accusation seema to hare assuned so nukoh importanee, that he thoiight proper to Tindieate himself in a formal commanication to Mj.r Madittioiii, dated Janoary 26, lg05. ** Mr. Doyle's marriage/' said he^ ^* was not with me aR object of any concern. I limem tha y9ung man only by name. His folly I negretted, but the elopement being effected, J thought it best, to preveut the girl from being dishonored, to permit i»he macrifige. A license, however, was not granted^ mitU the father solicited it, and the part I acted was alone dictated by benevolence." Claiborne was truly what he represented himself — ^a be* nevolent man, but benevolence seldom disarms malig- nity ; and the€h>vemcNr had. to leam it from bitter personal experience. He thu# ei^iressed himsetf on the 64h of February : '' The press in thi« dityiaji^ indeed, be- coming licentious ; it even menaces the> tranquillity of ppivate life. But^ hitherto, the Executive .of >the Terri^ tofy has been the princ^al object of. abuse. I am happy, howevei^ to add^ tiwit the Lonisianians have no concern in the abusive pubUeationai.and very generally disapprove of theuL^ The dlscoiyfceiited pwrfty are com- posed prindpally of nat^e#^ of 4h^ United States^ and I am incUned to i^mik ih^ir iMnmber ?j«ry ineonsidwabU.'' Unfortunately, thas staMl.^f th]Qgi» M to quavrela, and quarvels to duels* tOm i^ i^ Bieii^ent of th^ United States* and it is impossible, on jreading it, not. to * Dispatch of the 17th of February, 1805, Executive Joomal, p. 91, 2nd vol. 1805.] OLXIBOIUfB NOT ON ▲ JUBD OF BOSES. 1C5 Bympaihise with iiiv woimd«d spirit.' " You bave, no doubt)" lie Budy i' diaoDvored thst, like moet meu who fill exidted statiouay it htm been my misfortune to have attracted the envyi and excited the malevolenoe and ill-will of a p(«tion of sooiety) and I presume you are af^rised of the persecution I am suffering here, through the vehiele of the lief niAanB preps. £yery dreumstanoe, as well of a private nature as of my official conduct, that calumny eould torture into an accusation against me, has been brought into pvblic view, and exhibited in every shape that malignant wit could devise. I early diaoov^ied that these ungenerous attacks excited generally the ■usoeptibility of Mr. Le(wia» and with the most anxious solicitude lot hin w«Mbre, I used every argument to induce , him to* view with calmness the tempestuous sea to w>iich my political elevation had ex- posed him. On one occasion, I had accommodated a dispute in which his sympathies had involved him, and I had persuaded myself that my advice, united to his mild and pacifto diqiosition, would have insured his future saletj. But unfortunately for me, and unfortu- nately for my poor Inrother, eym my misfortunes became the sport of perty ifdrit, and^ tlit luahes of his beloved ms«r were ^ot su^Semd to repose in the gi»ve. She was raised fmm. tSue iomb to gire poignancy and distress to my feelings^ He aofughl and diseovered the author of the cruel pioductioiir A duel was the consequence, and my amiable young fri^ndt received a bullet throiugh his heart at ^» eeooad .%eb. ; I h^p^^ the aaswance to you is unnedessary^ithat ihift^ oudaneh^lf #ffNr waa ke|^, a secret from me; awl thftt theneipp oC tli^ iital result was the iretintimi^oBl received of it Qladly would I hava madat bare w^ 0wn homok ^tp tbh§ fj»ock, before any Mend of mine, and particularly one so dear to me as Mr^ Lewis, had fidlen a victim in tlua cause." mmm ■^!p |f;i ":";••• • ■ i ♦ ; f^i 106 VKW OBtiKAIfB HCDORFOBATHK [1 ■ ^ •; ; • s ' On the 28tli of F«bru«y^ Olftilk>nie trannnittad to Madieon a oopy of the act to inoorporate the city of New Orleans. ** The provision/* he mkmI, ** which allowa the citisene to elect aldeHncn is i^ery popidar. It will be the llnA time the LetiieiaiiiMis erer e^foyed the right of snllWige, aivd I persuade myseif that they wiU, on this oeoasion, use it with discmitioB/* On the 8th of March he f«etftned the subject, and wrote : '^The late election ibr city nldennen was oondvcted Tfith gieat order, but the apathy of the pei^e- on ^ ooeasion astonished me. But few voted^ and none appeared u^ terest^d as to the issue. I have appointed James Pitet Mayor, and Doctor John Wal^ns Recorder of the city. The former is a Wench gentleman of talents and re* spectability, who has resided here for many yeaors. The character of the lailter is known to yon«'' ' Oftuses to irritate' OP excite the p^Uc mind seemed at that time to gTO# up with^ 'WondenM '^znberanoei Eren re^gious qnarrels' were not wanting^ as is shown by a communication* from Okibome to liadison, on the 18th of March : ** A dispate,^ he wrote, <^ has arisen anmng the m^embers of tiie Cathciyc C^mfch in this city. Mr. Wal^, who dais^t to be the Yiear-Genend of Louisiana, took upon hiniB^f to dismiss a priest who had cate of this pariili. Tlie priest appedled to his panshioneri, who haf« diMrrowed the Anthori^'of Mr. Walsh, «nd ii^ectcd (amidil^flMny bonas) thexlisiinssed prie^ 13]«ir pastor. flio'^Mbjbot' excites much iatereat amon^ the Catholics^ botitiis probalde wiU not evo»- fua^ in any unp^easaiit ^sotmqu mtkiBj^ *This i^ypeal «£ the pridtrt from 1^ deor«^^^hfe supoicf^ to what he must have cbnsidered the- higher tribunal of his pa- rishionors, uid his subsequent election by them, are oer ajrej BiUoil f i'.i IMS.] lOUtf qOAWBMtS. 107 taiBly T«iy ourious ihwfes in Hm hiitoty of the Oslholio CSiurah iik< Lonuiaiia. 'Gkiborn% m m ktor eommiinicft> tion, returned to tke Mi^eot in theio word*: **The Bobitm MnoBg tbe CatfaoliM of tke ' TenrHoiy tMnaeei. Tbe VieariGancMl, wkO'eiaam jmeoediaioe in the Clnurah, if about. jNibliihiiig A'peetonl kttft^ and pto p eieg to give it a general eironlation. I rwy m^oh. regret thia reUgioni eontiweny^ ^Aa, Me, Waisb is m- Iriabman, and luipriaoiiMd opponent^ Ml. Antonio, ^a Spaniih prieit** Tke Maiqnia of Caia Oalvo ie aaid to take great interest in favor of the latter, but I have no evi denoe of this fiiet" '^ iLBter^.h«weT«r, he discovered that the Mvquis took an aelive part, in theae religioua dis- putes, and he made up his«niind ioaddnssf a letter to that gentleman on 4be sal^t, snggestii^ the indelioaoy and impropriety ef any interibrenoe on his part As it has been already mentioned in the preoeding psges, the law-fenodeling ithe TerritofiBl ^ovemmeait of XiOuisiaBa vMs not sueh aa to give any degme of satisfito- tien to those iwh» had so bitteiiy conplained. of the oBiginal< aot .oj. oiganiisitaen. ^The people," said Clai- bom^ to Madisoii» \^3Md been langbt. to esBpadt greater privileges^ and nsan^ are cUsappointacL I; beHeve« how*- ever, as^ mneh is. given .ihemaa .they ean manage with discretion, pe as mnteh aslhey o^glut to bn tmsted with, until the limite iof^he ended terrilMp are ndoioii^sdged, the.natiflnalstta«hnnnitsQg ojurineiv bieifaeiisileBa wavsv- ing, and the views and charaiateg cisoma ininaniial men bens better aaeertaisied* I pai tipnlaiif attond io thoee petsOM mho>{w»n;£mKm^mjAm %Biiah astvieei and are pennitted; by tbnnifiovcinmeMt.tn'iwna&n in LooisK .•iiu M ■ition into Loniriuut in 17iB9. f EzeoutiTe Swmal, ft. 181^* vol. 1. i Claibonie to Madiwia, Slat^pHl, 180», p. 18S. voL 1,^ . ^ v. i"'fTH. V '4 ''13151 108 OLAIBOBZne AlO) HXB Xirr^'TIS. [laoi. - r.': 4.: 'W^: If ■HJl }■■:. PS ■f *":ir, . : J . iana as ptsniionere, or in the eigoyment of their full fMiy.'' In thii oommnnication he again poun out ther angniih of his soul under the incessant attacks of his enemies. " I coniess, sir,*' he says, '* that the (^pontion^ the cruel opposition I hare experienced, has harrowed up my fed- ings excessively. But I have found powerftil consolation in an approving conscience, and in a weU*founded hope that my superiors, to whom the dii&oultifla I have com* bated are known, would approbate a coffduot which haa,* throughout, b«3en directed by the purest motives of honest patriotism." - ■•■mm. Such was the excited state of the Territory with its motley population, when an event whidi took place at the mouth of the river warmed up the native pride of the Americans, and raised their Government in the estimation of those whose dispositions toward it were not friendly, and who delighted in depreciating its power and its char- acter. For some time two British privateerahad been, with impunity, cruising off the mouth of the Mississippi, and were in the habit of boarding every vessel coming in or going out. At length they had the audacity to capture an Americar schooner, bound in, within view of the Block* House, and not more than three miles distant from land* The captain of the revenue cutter whi<^ was stationed there thou^ it his duty to rescue the vessel, which he did after an engagement of one hour, and conveyed her sitfely into the river. During the engagement the cutter sustained little or no damaga* If Claiborne fi^ dee|»iy.ihe blows which his enemies aimed at him, he was much soothed and relieved by the assurances of cooitinuied oonfidciioe and esteem which it pleased the President to give him. In answer to such assurances he wrote f^o the .Chief Msgist^ a,te, on the 4th * aaibome to Madison, 22d April, 180S. Ex. Jour., p. 186, vol. 1. f Claiborne to Jeflfenon. Ex. Jotar., p. 144^ tqL 1. ,W'; It.:: 1805.] BAUri, OSSTRiHAN, AND nSBBIOlTT. 109 of Mfty : ** I h«Te raoeired your fkron of the lOtb and 14th of March, and am indoed happj to find that the ttngeneront attacks to whioli I had been rabjeeted have not made on yonr mind i mpWM ione nniSftrorable to me. I am aware that abnee, mneh abnae, is the oonitant attendant on ottoe nnder onr Government. I had en- deavored to meet it with oompomire, but when I- per- ceived a poHtieal eondnot repreeented a: vidoos which I know to have been gnided by the porett motivea of honest patriotism, and acts which tn truth wore benevo- lent add praiseworthy, represented as dishonorable^— and all this done by a fhction, who had reoonrse even to sub- ornation and peijiiry in order to snlly my reputation, I must confess that my feeKngs received a wound which alone could be healed by conscious rectitude and a belief that the confidence of the Bxecutive in me was not di- minished.*' On the 4th of May, thtf Legislative Council ^as pro- rogued by Claiborne to tho 20th of June. In giving iuformation ot this feet to Madison, daibome* said, f* The agents, Messta. Sauv^, Destr^han and Derbigny, are preparing ibr publication a pamphlet, in which, I fisar, much wiU be siiid which will tend to agitate and divide Hi pttbHe mind. I have Been Messrs. Baav6 and Der- bigny, and find the latter greatiy disappointed and dis- satisfied. He eoittklen the tueaty as violated, and sup- poses that the Qovemment was unoandid to the agents, And unjust to ^e LoutsieaiiaBa He, however^ eipressed a hope thtti his fdh^w-eltteeiw would be eonten^ted, and t^heiled to the goveriKawnt i^ioh Oongran had pre- iierib^. I iietertMea»ftMpt]iil,lfr^epam^Uet prepar- ing by Hie igents, soiiM imprudent observations may be intrdduoed. For niy own pait^ I am sliU convinced that * Bx. Jour., p. 1411, nX, 1. f fir Jow., p. 158, ToL 1. 13 '•TV ■h\ '£..• ■ * ■M»»'' i is.!' ,f»«!^ 1 ! 14 511.'''"^ ■' •r.v. IK !;••,»,"• ■.'':i,i5i;- K. 110 olaibobne's bepobt to MADXS0N»4 [1805 an early introduction of the entifdrepresdntatiYe sjrttou into Louisiana woudd be a haaardous experimtait, and I seriously doubt whether the«eoond grade of govenunowt will be «ondvcted with discretion/': * ^;,, : Afb@r having pronged the Le§^ative Council, Clai« borne had departed from iNbw QrlieanB on a visit to aome of the distant parishes of the S^te» In the coarse of his journey he found, as he repovta, the inhaibitants con* tented and apparently well dk^sed to the American Government. >^A few desigmng, ambitious men," -he wrote on the 18th of May^ ^^would wish to create dis* turbances, but it is probable they will not succeed I was pleased to learn that the late Congress had made provision for ascertaining tlie l^al titl^ of land in the Territory, inasmuch as. an early division thereon will promote the interests of the United g^tates, as well as of individuals. We abound here in land speculators, and the present state of tHiig» is not unftvorable^ to their views." On the 31st of May Claiborne bad returned: to New Or- leans^ after having proceeded as far upaa Pointe Coupi^e, and made many appointments under the new judiojaj^" system. His excursion was a pleasant> one^ ^d i<^ friendly welcome which he mtet everywhere was particu- Isffly agreeable to him."* -H Olatbeme, on the dth of June, sent to Madison the expected pamphlet from ^ pen of Derbigny, Destr^haa and Sauv^ with, theee observations on hie part: "You will find m tMs productioii evidences of discontent-^-na want of information and of parud^iee on the part of the agents-^bn/t I beliieve thepabMoalion wiU excite but little interest in the Territi^, and be produdiive of no mischief. It may, therefcwre, be best to permit it uumo- B'f * aaibome to MadisoB, Hat of May, 1806. Bfancntire Jooinal, p. IfO, vol. 1. 1806.] IMPORTANT MANUSOBIFI! TOUITD* T ill lested to sink into obliviMi. We have lunong ns men who would sacrifice the interest of any oountry, or the happiness of any people, to the gratification of their am- bition. That such men should be discontented with the present state of thiags, need not be a matter of sui^rise, but I am persuaded m official <^arad«rB whddk i^ow that, at that pe- riod, the extent of Louisiana was a source of jeakmsy to Spain, that a dispute as to limits had arisen between the subordinate f^ntd of Franee and Spain, but that the claims of the former extended fromHiePerdido to the Bio Bravo, and were bottomed upon a treaty referred to in the corre^ndenoe, c^ed the treaty of Cam- brai Viewing^ this manuscript as im impc^ant docu- ment, I shaifii solicit Dr. Sibiey, in whose possession it now is, to cause a copy thereof to be takiMi, rision, and that the last act was marked with peculiar indecency and disrespect, and that it is proposed to be renewed on Tuesday next> and she solicits the protection of the civil autl^ority. For myself I consider the poli<;e of the» theatre as falling more immediately under the po- lice of the City Magistrate, and' that on yourself, as Mayor of New Orleans, partioularly devolves the duty of checking the irregularities of the stage. The Society of Nuns in this city is undw the protection of the law, and their peculiar situation must interest in their favor the feelings of every heart." As to the religious dispute between the Vicar-G^neral Walsh and Father Antonio de Sedella, it seemed to grow, and to luxuriate in its growth, in proportion to itfii prolongation. On the 15th of June, Claiborne informed Madison that the par- ties had resorted to a suit at law, to determine the right of possession to the church, and that it was e2[pected that "a great show of zeal and acrimony would be made." ^n * Bxeeative Joamal, p. 179, vol. 1. 1805.] MEETINO OF THE LEQISLATULE. 113 On the 3d of July, Claiborne prorogued again the Legislature, which had reassembled in June, after its first prorogation on the 4th of May. In his address to its members on that ocoasioni he said : " In a Territor}' whose citizens are, for the most part, either natives, or descendants of the natives of France and Spain, who had long cherished a fond remembrance of the country of their fore&thers — ^in a Territory that had been con- trolled by the will of arbitrary chiefs for neir a centu* ry, and harassed by frequent changes of allegiance, where the ties of birth, affinity aud language, the influ- ence of habit and past favors had made those impressions which like causes everywhere produce — ^that man, indeed, must be little acquainted with human nature who had supposed that, in a Territory thus situated, the principles of the American Government could have been introduced without difficulty, or that the public functionaries could have discharged their duties in sucb a way as to have con- ciliated the good opinion of alL" He then went on re- viewing and defending all the acts of his administration, and passing from that subject to the legislative labors of those he was addressing, he rconarked : " With a pe- riod so limited as that of your sessions, and with such a diversity of duties before you, more eoald not have been e2q)ected, and it is a subject of congratulation that so much has been done, and done so well. Another impor- tant change in the nature of our Government now awaits us. The Congress of the United States, ever just to their engagements, and fiufdliM to the interests of all within their protection, have assigned the pmod at which Leuinana is to beeome one of the sovereign and indep^ident States of the American Umon. In the mean time, the right of self-government is extended to this district under the like restrictions which have been laid on our fellow-citiiens in the other Territories of the 8 I.- i ti.rii 'L ■•■'< .(■■■'. ■ iv- fV»f" 114 Claiborne's message. [1806. United States. This species of temporary government has been found commensurate to the protection of society, and the advancement of the general weal, and is certainly well calculated for the gradual introduction of those representative principles on which the future Constitu- tion of the State (when erected) must neoessarily be predicated. But possibly there may be many whom this new form of government will fiul to satisfy. It would, indeed, be a presumption unwarranted by experience, to calculate on universal approbation of any measure. The best of men may occasionally differ in political senti- ments, and the investigation of their opinions leads to truth, and may be considered one of the salutary inci- dents of political ireedom. But, unfoii;unately, society is sometimes infested with members who argue not to enlighten, but to mislead their fellow^citizens, and who, Irom motives of disingenuous ambitioi^ or from malice, labor incessantly to raise themselves on tiie ruin of others. That there have been, and still are, a few indi- viduals among us of that disposition, is, I fear, too true. Under their patronage, calumn}^ may reconunence its efforts. It may distort the most innocent actions^ and pervert error into crime. It may enter the household •f domestic life, hai'row up private feelings, and produce private distress. But the distrust of the discerning, and the contempt of the good, will, sooner or later, drive the authors into obscurity. . . . . " We have beard idle reports of various kinds, re- specting territorial divisions, and partial, and sometimes total, retrocessions to fi>reig!n Powers, but these seem to be the fanciful chimeras o^ unreflecting minds. My firm belief is, that the Mississippi will cease to flow, ere she ceases to behold Louisiana attached to the empire of American freedom. A disposition to encroach on the *l;^' 1805.] FATHER WALSH AND FATHER ANTOIflO. 115 territories cf others is fordgn to the nature of our Gov- ernment ; but the perfect preservation of Us own is one of its vital principles. Just to the rights of others, the American nation will preserve thei/r own inviolate, or perish with them. Referring to*this address, of which he sent a copy to the Department of Btate at Washington, Claiborne said* to Madison, "Perhaps you will perceive on my part a greater share of feeling than ought to have b^ man* ifested, but th«) late state of party here was such that I^ could not well have omitted to notice it, and I am per- suaded that the allusions made to the efforts of calum> niators may have a good effect, not oh them, for they are callous to every virtuous impulse, but with the people, who, I trust, will not for the future b^ «s easily imposed upon by pretended patriots." On the 11th of July, Vicar-General Walsh wrote to Claiborne a letter, in which he complained ** of the inter- ruption of public tranquillity which had resulted from the ambition of a refractory moi^k, supported in his apostasy by the fanaticism of a misguided populace, and by the countenance of an individual,f whose inter* ference was fairly to be attributed less to zeal for the religion he would be thought to serve, than to the in- dulgence of private passions and the promotion of views equally dangerous to reli^on and to civil order." He fur- ther informed Claibonie that two individuals had gone to Havana, with the express intent of procuring a rein- Ibrceraent of monks to support Father Antonio de Sedella in "his schismatic and rebellious conduct," and prayed for such relief and assistance as the Executive could afford him. Claiborne replied, ^Hhat und^ the American Government, where the ri^ts of conscience * Claiborne to Madison, dth July, 1805. Ex. Journal, p. 201, rol. 1. f Probably the Marqais of OiM Cahrb. ■i\ ■.. *%;• ■• A. • hu'h'' 1, '■ • ■■; ■■ ■■;»K>i 'ft I ;«^ ■ • - ■ -M^ ^ ■ : • ■■■ ■ si- ne SCHISJf AMONG THE CATHOLICS. [1803. a?e respected, and no particular sect is the favorite of the law, the civil magistrates were bound carefully to avoid interference in religious disputes, unless, indeed, the public peace should be broken, or menaced, and then it became their doty to act." He then recommended harmony and tolerance to the priest ; " tor," observed he, " if those who profess to be the followers of the meek and humble Jesus, instead of preaching brotherly love and good will to man, and enforcing their precepts by example, should labor to excite dissension and distrust in a community, there is indeed ground to fear that the Church itself may cease to be an object of veneration." At this time, Claiborne received a very flattering proof of the President's unshaken confidence, by the renewal of his commission as Governor of Louisiana, which cir- cumstance, he said in a letter of the 22d of July, " had excited in his breast the liveliest emotions of gratitude and pleasure." The late act of Congress in relation to the land claims and titles in the Territory had produced, as mentioned before, great anxiety in the public mind, so much so that it was deemed expedient to send John W. Guiley, the Register of the Land Office, on a tour through the several counties of the Territory, to give explanations as to its bearings and effects, "and to defeat," said Claiborne, " the machinations of those few wicked men among us, who labor incessantly to embarrass and ii\jure the ad- ministration." He strenuously recommended* to Gurley '* to spare no pains to acquire for the Government the general confidence of the citizens, and in particular to convince them that their rights to land would be liberally confirmed according to the equity of their situation, and not to rigorous law." * Ezecutive Joomal, p. 209, Tol. 1. suanc ous, \ all city, in th 1806.] THE rOBTIFIOATIONB OF NEW OBLEAKS. 117 James Pitot had resigned his commission as Mayor, und Watkins had been appointed in his place. The new City Council went actively to work and to plan improve- ments. It passed Resolutions requiring the evacuation of the forts around the city,* which were occupied by the troops of the United States, theii* speedy destruction, and the filling up of the ditches which surrounded the forts and New Orleans. Claiborne partially complied with their request. In a communication of the 2d of August, he said to them, ^' I am so strongly impressed with the opinion that the stagnant water which accumu- lates in the old fortifications must prove injurious to the health of the city, that I cheerfully consent to the level- ing of them all, except those of Forts St. Charles and St. Louis. These two forts are garrisoned by troops of the United States, and cannot be evacuated, but in pur- suance of orders emanating from the President. Desir- ous, however, of co-operating with the City Council in all measures which may conduce to the health of the city, I have no objection to the draining of the ditches in the vicinity of St. Charles and St. Louis, under an impression that it can be done without injury to the works." In relation to the public buildings, a controversy arose as to their possession. Colonel Freeman, the Commander of the United States troops, was in possession of some of them, which were claimed by the city. Claiborne sided with the civil authorities, but Freem'\n refused to obey Claiborne. This gave rise to a sharp correspond- ence between them, and the whole matter had to be re- ferred to the President of the United States. In August, Claiborne undertook a journey through the several counties of the Territory, and, on the 23d of that month, he wrote to Madison, from the County of Acadia, sixty miles above New Orleans, in relation to the late lyf ■ If . ' . ' 118 ^^ix .CLAIBORNE AND LAND TITLES. [1S05. land act of Congress : " To meet the convenience of the citizenb/' said he,* '' and to render them justice, I am in- clined to think that some araendipent to the late act of Congress relative to the titles of land in this Territory will be found advisable, and upon this subject I shall hereafter do myself the honor to write you fully. I will at this 'ime only observe, that some indulgence ought to be given to the owners of lands on the Mississippi ; and particularly, that they should be secured in a right of pre-emption to a certain quantity of acres on the rear of their present possessions. Under the Government of Spain, it was customary to grant from six to twenty acres in front and forty in depth. The cypress swamps which approach near the lands now in cultivation were seldom included in the grant, but from time immemorial the timber has been at the disposition of the inhabitant who owned the lands in front, and he was considered by the Spanish Government as possessing an equitable right to the swamp. If Congress should not make dome special provision on this point, much discontent will arise. Large cypress swamps, which at present limit the valu- able £Eirms on the Mississippi, will be monopolized by speculators, and the present settlers greatly injured." id; In the beginning of autumn, and when Claiborne was in Concordia,! a Frenchman, who had, no doi^bt, "brcni^ht from Frapce his mad notions about liberty, made an attempt to excite the negroes to insun'ection, and considerable alarm ensued in consequence of it ; but iiie Frenchman was aiTested, and the uneasiness soon subsided. ^x. On the 13th of September, Claiborne sent to Albert Gallatin, Secretary of the Treasury, an estimate of the expenses of the Government of the Territory of Or- , * Executive Journal, p. 202, vol. 1. :;i . >^ ., t CUborae to Madison, p. 267, vol. 1. , a by ing Iha li beei Beat * 1806.] LIST OF THE PUBLIC BUILDINGS. 110 leans for the coming year, 1806, and that estimate shows the economy with which that Government was carried on, for it amounted* to only $18,650. From a comraunicationf made by Claiborne to the President of the United States on the 28d of October, it appears that the buildings which were considered as property devolving upon the United States, were: — First — The Government House, very ancient and out of repair. Second — ^The Military Ban'acks, a row of brick buildings, sufficiently large to accommodate twelve or fifteen hundred men, and needing only some inconsider- able repairs. Third- -The Military Hospital, a large brick building a^oining the Barracks, and in good re- pair. Fourth — ^The PuWic Stores, two large brick buildings, and verj- valuable. Fifth — ^tho Cavalry Bar- racks, consisting of two brick buildings, much out of repair. Sixth — ^The old Custom-House, a large wooden building, unfit for any public purpose. Seventh — ^The Lower Custom-House, a small wooden biiilding. Eigith — ^The Priests' House, a small wooden edifice, heretofore appropriated for the residence of the Head of the Church in Louisiana. Ninth— The Powder Magazine, a brick building, near the bank of the Mississippi, and opposite the City of New Orleans. Tenth— The Public School- House, a brick building, and well calculated for its pur- poses. " The Principal, or City Hall," said Claiborne, " a very beautiful and commodious building, is claimed by the City Coundl as the property of the city, and be- ing under the impression that their claim is a good one, I have committed it solely to their disposition." If the continued presence of the Spanish troops had been unpalatable to the Government of the United Bcates, to Governor Claiborne, and to some of the inhabi- * Claiborne to Gallatin, p. 2S9, vol. 1. t Claibome to J^eraon, p. 373, Tol. 1. m MV^:^.-'^.;^ Is m •vf;; '■.111' '■". 1 ■i-iiV.^- ;:?. 8 ' 120 CONFLICT OP CIVIL AND MILITABT AFTHORITY. [1805. tants of the Territory, the United States troops in New Orleans became as great a subject of annoyance to its citizens. It is but very seldom that civil and military authorities can harmonize, and that conflicts of jurisdic- tion do not arise wherever they are brought in close proximity. It proved to be the case in New Orleans, as everywhere else. The Mayor of the city got into a sharp quarrel with Colonel Freeman, the Commander of the United States troops, and, on the 6th of November,* Claiborne advised the President of the United States to remove the troops from New Orleans. "The troops situated here," he bud, " have, I believe, conducted them- selves as well as an army ever did, similarly situated, but it is impossible for any commander to maintain dis- cipline among men posted in a city, where the tempta- tions to dissipation are so various, and the means of evadirg the attention of officers bo easy." On iiiie 20th of November, Claiborne had tie satisfac- tion to forward to the Secretary of State at "Washington the copy of an address from the House of Representa- tives of the Tenitory to the President, which had been unanimously adopted, " and which," he said, " evidenced a degi'ee of patriotism which, he hoped, would have a good effect." He further remarked, that he had of late observed (• favorable change in the public senti- ment. " No man," he continues," f '* entertains a greater regard for the ancient inhabitants of Louisiana than my- self, or more appreciates their many private virtues, and I entertain strong hopes that, in a few years, they will be- come very zealous members of the American Republic." Claiborne had commissioned Colonel Hopkins to or- ganize the militia throughout the Temtory ; and among other very judicious instructions, he had specially rec- * Executive Journal, p. 287, vol. 1. f Executive Journal, p. 294, vol. 1. mai or the actl froi Thi m^ 1806.] OONDinOJf OF OL JtrWT 1ART. tn ommended to bim, in select wtg iptuM and subalteiiis, " to endeavor to make an equal distribution, where the population would permit it, among the ancient and modern Louisianians ; but, in all appointments, to con- sider a fair reputation as an essential qualification, and an attachment to the Government of the United States as a great recommendation.'' The Judiciary being the great conservative element in our institutions, the importance of securing for the Bench the services of men distinguished for their moral and intellectual worth has always been deeply felt, but, at the same time, no adequate salary for such services has ever been provided for to this very day. The evil is coeval even with our Territorial organization ; for, on the 27th of November, 1806, Claiborne wrote as follows to the Secretary of State, Mr. Madison : " The economy observed in the salaries of the judicial officers of this Territory will, I fear, affect the respectability of our Judiciar}'. The compensation of a Supreme Judge is really inadequate to a comfortable support. Judge Hall, although by no means extravagant in his mode of living, cannot, I am sure, make his salary meet his ex- penses ; and as for Judge Prevost, who has a large family to maintain, he cannot possibly avoid making inroads on his private fortune." Whether or not it was owing to these inadequate salaries that Olaibome had not been able to secure prop- er men to sit in the inferior courts which had been created by the Legislative Council, it is no less certain that, according to his declavation, "they neither com- manded, in the discharge of their functions, for the law, or for themselves, the public respect." Forgetting even the impartiality of judges, it seems that they took an active part in quan-els, disputes, and other contests, from which they ought to have kept themselves aloof. Thus closed the year 1805. ^S:^ ^'•y.' •n 17 1> CHAPTER m. n^L^:. GOVERNOR Claiborne's AOHiNiSTRAnoN. — aaron burr's CONSPIRACY. 1806. i mm- ^- •: ■ > ' • ' i ' Glaibobio, in the beginning of December, 1805, had been compelled to visit the populous county of Attaka- pas, with a view of putting en end, in person, to dis- turbances which had almost assumed the proportions of a civil war, and which arose from the assassination of a Frenchman named St. Julien, who was connected by marriage with one of the most infiuential families of that section of the Territoiy. Another object of Olaibome^s journey was to examine the means of defence on which he could rely, should he be attacked by the Spaniard!^ During his absence, the administration of the Govern- ment devolved upon Secretary Graham, who, on the 2d of January,* wrote to Madison: "This day we rec( ;ved by a ship in a very short passage from New York the President's Message of the 3d of December to the Senate an'i House of Bepresentatives. A copy was immediately sent to the Governor; and if he receives it, I am sure it will hasten his return to the city, unless he finds it ex- pedient to remain a little^ longer where he is, to make some arramjementa for the defence of ov/r western fron- tiers. He may probably think this the more necessarj', as a report has gone abroad that the Marquis of Casa Oalvo has been tampering with the Indians in that quar- • Executive Journal, pase 20, vol. 2. (122) ■ of 1800.1 MILITABT BESOUB0S8 OF THE TERBITORT. 128 f)aiiiard iu hen be i«rom the re- ter. Whatever he mmy hare done, his journey, I appre- hend, must have been undertaken from uiotivuM ditfereut from thoM he ataigned to the Governor, for he lias not yet, I am told, gone where he stated he should go, and he has been already longer absent than he led us to be- lieve he would be. I should unwillingly raise in your mind any improper suspicions against this gentleii.au, but my opinion is, that he ought not to b» |)ermitted to remain in this country. His manners and is character must give him influence, and that iuflu.'^ ^ ' >>e used against us, whenever an occasion *^ i /.' h< jiay pre- sent itself. If we could get clea^ '*f. on the country, I should rejoice; for >• freed from our most dangerous e; port made to the Mayor, there are about two hundred and thirty of these people here. They are generally of that description who would be ready to seize any mo- ment of disturbance to commit the ^est depredations ; and, whether iu peace or in war, they are a nuisance to the country. '^ As the President's Message induces me to believe that a rupture with Spain is not an improbable event, I have felt it my duty (the Governor being absent) to as- certain, for your information, what are our present prob- able means of defence. From the best accounts I can get, we have in this city and its vicinity about three hundred and fifty men, other than French, Spanish, or natives, on whose good wishes we may rely. In this es- timate are included aU the Americans, and, in fact, all those whose language is not French, or SpanisL I speak of inhabitants. To these we may add a hundred, or perhaps one hundred and fifty ssolors, and the regular troops in garrison, from all of which I calculate that we could not draw in a few days more than five hundred men fit for service. In making this estimate, it is far r': ,^^u^- ... '(■r^- '.■■■-•■ .: p'^lk^r^\:. .ri:^ 'kr:.-. Ifc; •!»',4...'' .', ■ ., 124 SECBETABY GBAHAM TO MADISON. [1806. &om my intention to insinuate that there are not many among the natives, and some among the French, who would join us ; but, at present, it is impossible for me to form anything like a conjecture 7u)W many would do so. From what I hear, and from what I see, I am in- duced to think that the prevailing disposition among these two classes of people is to remain neutral, in case of a war between Spain and the United States. Yet I believe this disposition would be more or less general according to the measures pursued by the Americans here. K we show a determination to resist any attack that may be made, many of them, I calculate, will join us — some from principle, and more from a conviction that we must ultimately succeed. But if we do not form a rallying-point for them, they will, I believe, do nothing themselves. Under this impression, the Mayor and myself are endeavoring to draw all our country- men into a military association for the defence of the city, if it should be attacked by the Spanish forces now on our western and eastern frontiers This association will be put into no regular form until the re- turn of the Governor. He will then give it that which seems to him most proper. The object of it is to draw out, under the exigency of the moment, and to put in military array, men who would not otherwise subject themselves to the inconvenience of doing military duty. The expedient will answer but for a time, and I fear but for a very short time ; for the Spanish forces are increas- ing in our neighborhood, and might, even with their present number, if they are brave, bear down any oppo- sition we could make. This is, at least, the prevailing opinion, and the very circumstance of its being so is alarming, for we have few men here who would take what they supposed to be the weakest side. To save their property would be the great object of nearly all, it of 1806.] THE SPANIABDB STILL LUTGEE IN LOUISIANA. 125 and to take arms on tlie weakest side might be supposed as the readiest means of losing it The peculiar circum- dances attending the mulatto corps will require much delicacy of management. I hare, therefore, thought it most prudent not to say any things to them until the Governor's return." Claiborne's return was not long delayed, for he arrived on the 5th of January, and he informed Madison, on the 7th, that he had long regretted* the prolonged residence of the Marquis of Oasa Oalvo and other Spanish officers in the Territory, because their intrigues weakened the attachment of our citizens to their government, engender- ed discontent, and were made the ground for belief that the country west of the Mississippi would speedily re- turn to Spain. He added that, for these reasons, he received with pleasure the official communication of the President's determination to urge them to a final depart- ure, and he gave the assurance that he would endeavor to convey this order in the same spirit with which it was sent to him, so as to leave no room for discussion. But the Marquis was stiU absent, and some uncertainty prevailed as to the place where he might be found. " In the course of to-morrow," wrote Claiborne, " I will en- deavor to obtain correct information on this point, and will communicate to the Marquis, by express, the order for his departure. I think it best that the Marquis should not again visit this city. It is not probable that the order for the depiartu'A) of the Spanish officers will ex- cite any commotion in the interior of the Territory, or that it would occasion regret to other persons than the connec- tions of the individuals concerned. But in New Orleans there are many adherents to the Spanish interest, a few of respectable sltanding in society, but for the most part * EzeoatiTe Jonnuil, p. 27, Tol. 9. w m ■■■k ■^Mb^^mm mm' '!fW*J4',-,»-!!i..'.. 126 .Ai^i'. CLAIBORNE^S AIABMS. [1806. composed of character^ well suited for miscliievous and wicked enterprises. I do not believe that, under exist* ing circumstances, tbe Marquis would encourage acts of violence and hostility ; but as his influence here is con- siderable, and might, if used on the occasion, give rise to a commotion which could not be checked without blood- shed, I have thought it prudent early to apprise him of the President's orders. I shall, indeed, be sorry if the excursion of the Marquis should have subjected me to the smallest share of censure. I did not suppose that his I'eal objects were unfriendly to the United States, nor did I accredit assurances to the contrary, which he so readily gave me. But as I doubted my authority to prevent his excursion, I thought it best to state no objections to it." Claiborne's visit to several of the counties of the Terri- tory had been attended with satisfactory results. Some of the civil authorities, whose regular action bad been impeded, had been a^in set in motion, and gave fair promise to answer the Governor's expectations. He had commissioned many militia officers; he had given on the land laws sttch explanations as were suited to check the rising discontent; and he bad made success- ful efforts, as he believed, to attadi the citizens to tbe Goveriiment of the Uiiited Stages. He was not, bow^ ever, withdut considerable alarm; for, on tbe 8tb, he infonned tire Departrtient of State* that, in tbe present crisis of affiairs, tbe^tegulltr troops in the Territory were too few in number to give con^fidence to tbe wdl-dispos- ed citizens, or to deter the tJeiidierous from forming mischievous machinations. "The Lcmisianiaiiid,'' he sud, " are a timid ^pk> and so little acquainted are they with the strength of the tJnited States, that the issue <^ * felxecative Joonal, p. 80, Tdl. 8. - -^i'^^-' ^ J ■ 1806.] THE MULATTO CORPS. 127 a contest with Spain is esteemed by them as doubtfiil, and, therefore, they (or many of them) would probably be disposed to remain neutral, as the surest means of preserving their property. If war should be deemed inevitable, I esteem it my duty to suggest the propriety of raising and organizing a respectable corps of horse. The country west of the Mississippi is interspersed with immense prairies, and an army could not act to advantage in that quarter without the support o^ cavalry. " With respect to the Mulatto corps in this city, to which Mr. Graham alluded in his communication, I am, indeed, at a loss to know what policy is best to pursue. Their organization duiing the late temporary govern- ment was not liked by the ancient Louisianians, nor were there wantii^ Americans who, with a view to my injury, reprobated the proceeding, ' both by speaking and writing. Indeed, so much was said on the subject, that the late Legislative Council thought it prudent to take no notice of the Mulatto corps in the General Militia Law. This neglect has soured them considerably with the American Govemmeat, and it is questionable how far they would, in time of danger, prove faith^l to the American standard. I e^all, however, procure a census of the free people of color who fussiAe in and near this city. Those capable of bearing aniiF may probably amount to about five hundred, and, while proper exertions shall be made to conciliate- the good- ^vill of all, X have little doubt but that those among them who possess pr<^>erty and a fair reputation will, in any event, ^ove faithful ki their allegiance.'^ On the IQth of J^uary, Claiborne 4i«patched Capt. Boss in search of the Msrquis of Clisa Oalvo, with a letter informing the Marquis that the President of the United States had directed him and all other persons holding com- kWA wt f^i' W^ Ih fm ^^ )3 m Vr..,.V| ■ •',?•■/■. ■'iTrS^-rii'iS if 128 CLAIBOENE TO CASA CALVO. [1806. ')i-v- '■ '. missions from, or retained in the service of, Hs Catholic Majesty, to quit the Tenitory of Orleans as soon as possible. He further informed the Marquis that this proceeding had been resorted to as a measure of pre- caution, rendered the more expedient from the rejection by Spain of the proposals submitted by the Envoy Extraordinary of the United States for an amicable adjustment of existing differences — ^from the reinforce- ments lately landed at Pensacola — ^from similar move- ments on our western frontier — ^and from the recent acts of aggression conunitted by the Spanish troops in that quarter. *' I repeat to your Excellency," said Claiborne, " that this is only a measure of precaution dictated by the circumstances of the times, and not intended as an act of offence toward your nation, or of rigor against yourself and the other gentlemen attached to the ser- vice of his Catholic Majesty. *' In making this communication to your Excellency, it may be proper further to inform you, that you have never been accredited by the President of the United States as a Commissioner of Limits ; that no pr^^posal has been made on the part of Spliin for setting siich a commission on foot, nor indeed can it be considered as necessary, l long as the present difference of opinion continues respecting the lines to be run.^^ The next day, the 11th, he communicated a similar order to Intendant Morales, who was then in New Or- leans, and who immediately remonstrated against the enforcement of such a measure. But Claiborne replied, that he had no power to deviate from his instructions, and that if his Catholie Mfyesty wished an accredited agent to reside at New OrleaiUy the proper channel of application would be, through hie Minister, to the Pres- ident of the United States. Claibome was determined this time to get rid, cost what may, of the presence of groi case to rel y6t BattJ bornj pose occasj and son; reside 1806.] BATTALION OF ORLEANS VOLUNTEERS. 129 tliese dangerous guests, and even instructed Major Porter, who was in comihand of Fort Claiborne, in the District of Natchitoches, to use force, if necessary, to prevent the return of Casa Calvo, should that officer attempt, as was expected, to pass through that section of the Territory on his way back to New Orleans.* Under such circumstaLces, and when it was still a matter of doubt how the Spanish officers would take this abrupt dismissal from the Territoiy, whore they were lingering with such persevering and mysterious fondness, Claiborne learned, with great displbasure, that General Wilkinson had given a special order to detach one fdU company from New Orleans to Fort Adams. The regular trobps in the city did not exceed two hun- dred and eighty mm at the time, including officers, and of these about sixty were on the sick-list. To with- draw a whole company from such a small eflPective force was, therefore, a matter of considerable importanccf Claiborne requested Colonel Freeman, the commanding officer in New Orleans, to suspend the execution of Wilkinson's order. But the Colonel refi led, on the ground that he had no such discretionary power. In a case of emergency, Claiborne would, therefore, have had to rely chiefly on the militia, which was far from having yet a proper organization, with the exception of the Battalion of Orleans Volunteers, represented by Clai- borne as composed J of " active, gallant young nMgi, who possessed much militaiy ardor, and who would, if the occasion required it, sup^ ort with firmness the interest and honor of their country." He also wrote to Madi- " The native citizens- of the United States who son reside in this city have of late manifested a great share ■r* ■ * Bxecntive Journal, {>. 40, vol. 3. f Ezeoutiye Journal, p. 43, vol. S. . I BxeeutiTO Journal, p. 42. 1 ,1-,. v.: . ■ 180 INDIFFEBENCE TO I'HE BIGHT OJ)' SUITE AGE. [1806. of military ardor, and I perceive with satisfaction that a true spirit of patriotism aniAiates many of the young , Creoles." * But he did not escpress himself so favorably as to the interest taken by the population in the exer- cise of their right of suffrage ; for he thought proper to call the attention of Madison to the " great degree of political apathy" which had prevailed in the community in relation to an election for the House of Ecpresenta- tives, which had been hqld on th6 21st of Januaiy. Perhaps this indifference shown to the Government which had been lately implanted in Louisiana was, to some degree, due to the apprehension on the part of many of displeasing the Spanish authorities still present, by appearing to hai*monize with the ne^' possessors of the soil, and to appreciate their institutions ; for it must not be forgotten that, in the opinion of many, the cession of Louisiana was far from being irrevocably settled Hence Claiborne spared no effort to accelerate the de- parture of these agents of the Government of Spain. Morales, who was anxious to remain where he was, had alleged to Claiborne, as a reason for the delay he solicit- ed, that he was expecting from the Viceroy of Mexico a large sum of money, about four hundred thousand dol- lars, to pay the debts of his Catholic Majesty to certain citizens of the Territory, which could not be done in his absence. Thi» was intended as a strong argument, from which puch was to be hoped; but Claiborne met it in these T^brds : " Should, sir, the money arrive here before a Spanish agent is accredited in this city by the Presi- dent of the United States, I shall lose no time in for- warding to you at Pensacola a blank passport, in which you may insert the name of such person as you may think proper to vest with authority to receive it, and to I f< * Executive Jounud, p. 48. ruaryj throus Captal ■^./: ;■.? . 1808.]" EXPULSION OP MORALES. 131 liquidate and discliafge the aforesaid debt." This was not all ; and Claiborne, not trusting entirely to the force of his logic to produce on tlfe stubbdm pertinacity of ^ Morales the effect which he desired, added this signif- icant paragraph : " I esteem it a duty to remind you that the departure from this Territory of yourself and the gentlemen attached to your department will be expected in the course of the present month." This was allowing very little breathing-time to Morales ; for this note was dated on the 25th of January, and to it was annexed a passport couched in the most courteous terms.* It was no longer possible for the Intendant to expostulate, and, on the 1st of February, he departed for Pensacola. ' Thus the obnoxious Intendant had at last bfeen driven out. There reTr>.ained the lordly Casa Calvo to be also dismissed without delay. Claiborne was anxious to have done with this unpleasant duty ; the more so, that every day something occurred which rendered more desirable the complete absence of all Spanish influence in the Ter- , ritory. For instance, on the 29th of January, Stephen, a free black man, had appeared before Claiborne and declared on oath that the people of color had been tattipered with, and that some of them were devoted to . the Spanish interest, which declaration Claiborne believed to be true.f Stephen's information was also corroborated by that of a white man called Horatio Gerel, which was not without effect on Claiborne's mind, althougl^ he did not credit, on the whole, the statement of the deponent. ^ Fortunately, Claibomo's aninety was relieved by the arrival of Oasa Calvo, o:x the evening of the 4th of Feb- ruary. The Marquis had come from Nacogdoches, through Natchitoches, but without having met witli Captain Ross. On the 6th, Claiborne hastened to express 'fjr^dM: ^P««a iie* ::'m^Sm.f- W'^'f * JSzecative Journal, p.. 48, t61. 9. f BzecntiTe Jooraal, p. 88, ▼ol. 2. .•-.- J ,M.. - *"SKV!.i,V >..*»'•■■■'■'; ^t;i.':> ff' » ►^ ,' '.\'-i. 182 EXPULSION OF CA8A OALVO. [1806. to him, as politely as possible, " tlie wish that his depart- ure might not be delayed beyond a few days." The 4,Marquis was shocked, and remonstrated ; but Claiborne replied that he could not doubt, nor could discuss, the propriety of the orders of the President of the United States ; that they served as a rule for his conduct ; and that, on the present occasion, the only duty devolving upon him was to see them executed, .therefore he re- quired that the Marquis and all other persons holding commissions from, or retained in the service of, his Catholic Majesty, should quit the Tenito.y of Orleais as soon as possible, and he " tendered such services ae might be in his power to facilitate their embarkation." The Marqais was fai" ft'om being pacified by the urbane tone of this communication. He retorted that he looked on the treatment inflicted on him aa a shameful act of violence, and an insult to the King his master. " On the contmry," replied Claiborne, on the 11th of Pebraarj', " thejresidence of so many Spanish officers in this Temtory having been permitted by the President, so long beyond the time presciibed by treaty for their departure, is a proof of his respect for his Catholic Majesty, and of his liberal indulgence toward those employed in his service; an indulgence which, I am sorry to perceive, is not suffi- ciently appreciated by all who eicperience it." Then followed a request that the Marquis should depart on or before the 15th day of the present month, with all the officers of Spain remaining in the Territoiy. The next, day, the 12th, he sent to the Marquis a passport, inclosed in a short note, expressing ^' his best wishes for the health and happiness of the nobleman whose presence had become so unacceptable." Casa Calvo, like Morales, felt that he could no longer tarry, and departed on the day fixed by Claiborne, but full of wrath and indignation. On the 13th of February, Claiborne iiiformed Jefferson 6!^-.'r ISOe.j ^ fliGir CHARGES IN LOUISIANA. 188 that the public sentiment, if he was not greatly mistaken, had of late undergone a change highly favorable to the American Government. " The natives of Louisicna," he said, " arc for the most part attached to the Government of the United States, and I am persuaded that most of the men of property would, in the event of war, rally around the xVmerican standard." Toward the close of this month, ClaiiDorne rendered to Albert Gallatin, Secretary of the Treasury, an account of his expenses, with his remarks* and comments on the subject, ciLong which is a passage depicting a state of things which has continued to this day : " You will probably be surprised at the high charge of printing for the Executive Depart- ment ; but it is only in unison with every other charge for public or private services in the city ; and if my ex- penditure should wear the aspect of extravagance, I pray you to attribute it to the character pf the place where I reside, and not to the want of a disposition, on my part, to bring my disbursements within the limits of a prudent economy." The dismissal of Morales and Casa Calvo from New Orleans gave new fuel to the already existing hostility Q^ liie Spaniards to the Americans, and that hostility ."ihowed itself repeatedly, in different ways, whenever the opportunity occuned. Thus, on the 15th of March, Claiborne was informed that, for the future, the mail of the United States would not be permitted by Governor Folch, of Florida, to pass either by land or by water through that part of the dominions of his Catholic Majes* ty; that the fortifications of Mobile were undergoing repairs; and that the Spaniards were at work among the nu- merous tribes of the Choctaws, with the hope, in case of need, to induce them to join in a war against the United States. This information excited the apprehensions of Claiborne, and, oi" the 18th of March, h^* wrote to the • . * Executive Jonnial, p. 87, vol. 2. '••r J!i!''i'. '• t'." (• xm ^m ^l8..| m •»>iirt' ■■%::«■ m JvV ■rf«'M • - 1 ■«, ■ : iyi* ■■ f '■■»... -v ■ ' R-- 134 IirTEBNAL mPROVEMEKTS. * [1806. President : " The presence of a respectable force is es- sential to the safety of New Orleans. I suppose that, at this ti|ne, there cannot be less than two millions of dol- *lars in this city, which, together with the merchandise in the numerous private warehouses, would furnish a rich booty for a successful enemy." According to a proclamation of the Governor concern- ir •:/ an early session of the Legislature, that body met on the 24th of March. Cbiborne, in his message, congrat- ulated them on the prosperous condition of the Territory, whose interests were committed to their care. "The late Legislative Council," he said, " did much for the preservation of order in society, and for the advancement of the general weal; but much as that assembly did, still much is left for the present Legislature to accom- plish In the infancy of our political careei", we should consider our law- as experi- ments, and they should undergo such improvements as reason and experience may suggest." He then recom- mended a revision of the judiciary system, certain im- provements to be made in the criminal code, the estab- lishment of a penitentiary with solitary confinement, the creation of work-houses for vagrants, houses of c(m>e(^)^ for the dissolute, houses of refuge for the destitute, apd provisions for the trial of slaves by summary process. tie also called the attention of the Legislature to the necessity of facilitating the means of internal commercial intercourse, and of improving navigation on those water- courses which led from the counties of Attakapas and Opelousas to the river Mississippi. The want of that proper care which should have been bestowed on roads and levees was conmiented upon, and legislative interfer- ence demanded. As to the important subject of ieduca- tion, he said, " It is with regret I have to inform you that t^e Uw pa^se4 b^ the L^giftl^iy^Council, entitled , J -.1*". ( .';;; Vl' 1806.] OLAIBOBNE ON EDUCATION. 185 m Id ' An Act to establish a Univei-sity in the Territory of Orleans,' does not promise to advance the interest of literature with the rapidity which was contemplated. . The doctrine which prevailed in an ancient JRepuhlic of Greece, with respect to their youth, is one which, in my opinion, ought always to be cherished by a free people. The youth should be considered as the property of the State, their welfare should consti- tute a primary^ care of the Government, and those in power should esteem it an incumbent duty to make such pro- visions for the improvement of the minds and morally of the rising generation as ^vill enable them to appreciate the blessings of selt-government, and to preserve those rights which are destined for their inheritance. I am one of those who admire the plan adopted by some of the States of the American Union : that of establishing a school in every neighbdl'hood, and supporting it by a general tax on the society. I should, indeed, be happy to see a similar policy pursued in this Territory, and a tax which would bear alike on everj" individual, in pro- portion to his wealth, levied for the purpose." He en- larged on the necessity of organizing the militia in the nqpst effective manner, which was of importance at all times, but more particularly " at a period when the Uni- ted States were experiencing from foreign powers inju- ries which, if not promptly redressed, must be avenged.'' He wound up with recommending an increase of taxes to meet the expenses of the new Government. On the 27th of March, Claiborne wrote to Madison : " I am anxious to learn the real state of affairs between the United States and foreign nations, and pai-ticularly so as it relates to Spain. The free navigation of the Mobile by American vessels is still prohibited, and our fellow-citizens on the Tombigbee are experiencing there- from the most sftious inconveniences ; their articles of ex- WO ♦ 136 INCREASE OF TBOOPS REQUtllE: 1* [1806. m mm ■'f.V-'f'X'. .K, Iff .V'.,.' , , * .- J* • ■ ' ... portation are of no value, and many of the neceisaries of life, which were hitherto received by the Mobile, are in great scarcity ; in short, sir, if the present state of things should continue for six months longer, the settle- ment would be ruined, and perhaps abandoned. Tlie American citizens on the Tombigbee have entered into an agreement not to traffic, or to have any intercourse with the Spaniards, so long as the free navigation of the Mobile is denied. But this agreement only proves the spint and patriotism of our fellow citizens ; it will pro- duce no injury on their oppressors." Commenting on this state of things, he drew the inference from passing events, and from those which were expected, that Amer- ican interests required that there should be at least twelve hundred troops in the Territoiy of Orleans. " The presence of such a force," he remarked, " would not only deter the Spanish agents 'in our vicinity from ven- turing on acts which are calculated to irritate, but, what is infinitely of more consequence, it would give our new fellow-citizens a confidence in the American Government which, I am sorry to say, many of them, at this time, do not possess. I have labored to infrise among the people here a martial spirit, and to keep up a degree of military^ ardor, but I perceive, with regret, that the spirit which was tor awhile roused is declining, and that a general apathy is prevailing. The native Americans declare that the Government neglects them, and the ancient Louisianians, seeing no military preparations, are impressed with an opinion that the United States are either unable, or un- willing, to contend with the power of Spain." Claiborne was not without reasons for desiring a re- inforcement. The news from Natchitoches were of an * unpleasant nature.* Spanish troops, to the number of t ,^i;v :.■.o•.'v•:. Illp^ ■'C>r» : :.v.. • * Executive Jooroal, p. 104, ▼oL d^ * Execj f Execj 1806.] HOSTILE ACTS OF illE SPANIARD8. 137 ■ '.*. four hundred accompanied by Horae Indians, had assem- bled on the Sabine, threatening to advance, and to re- sume the same position near to Natchitoches from which a small Spanish guard had lately been driven by Captain Turner, under the orders of Major Porter. This move- ment on the part of the Spaniards had excited nmeh alarm on the western frontier, and should they perse- vere in their design, it was doubted whether it would be in the power of Major Porter to oppose tlieiu with success, inasmuch as his force did not e^^ceed two hun- dred effective men. Migor Porter, however, was not intimidated by this hostile demonstration, and had sta- tioned* a company of infantry in advance of Natchito- ches, and within the limits assigned by the Spanish agents to the province of Texas. Meanwhile, Governor I^olch, of Florida, being under the impression that a war between the United States and Spain was a probable event, and that France would not view, without concern, a contest in which the interest of her ally was involved, wrote to Mr. Desforguea, the French Consul at New Orleans, and advised the imme- diate transportation to Mobile of a park of artillery be- longing to France, and still remaining in the Territory. Mr. Desforgues refused to conform to the wishes of Gov- ernor Folch, and replied that he would not deliver the artillery, either to the agents of Spain, or of the United States, without the orders of his Go\ernment. He con- fidentially communicated this correspondence to Gov- ernor Claiborne, to convince him of his disposition to act a just and candid part toward the United States, and he expressed the hope that it would also be received as an evidence of his confidence in the Governor, and of his personal esteem for him.f * Exectttive Jouraal, page 110, vol. 3, f Executive Joomal, p. 110, vol. 2. Claiborne to Madison, 8th of April, 1800. lit? I'm'!" 1^' ■♦■' 1. 4 <: nsi^i ^■» -m Htii '.> •^^' -■'';V ■;-.;■ ^I *■■>,'■» . 188 JOHN RAIfDOLPH AND OLAIBOItNE. [1806. " To the mortification of Claiborne, the Territorial Legis- lature, which he had convened in an extraordinary session, made* but little progress in the dispatch of business. " The ancient Louisianians," said he in a communication to Jefferson, " are greatly jealous of the native Ameri- cans who. are in the House of Representatives, nor are there wanting some designing malcontents out of office and confidence, who have recourse to every eirpedient to disseminate the seeds of distrust and discontent. I * am at present on excellent terms with the two Houses of Assembly, but I fear this good understanding will % not continue throughout the session ; many laws will be offered for my approbation, and my duty will compel me to reject several. Then commences a jealousy of the Executive, and the base intriguers will spare no pains to widen the breach." On the 16th of April, Claiborne was much gratified at being informed that the Spanish force had -been with- drawn from the Sabine, and that the orders to cross that river and establish a post near Natchitoches were countermanded by the Governor-General of Texas. But, at the same time, he was much annoyed by an attack made against him in Congress by John Randolph, who, with his usual acerbity of temper, accused his administration of being marked with weakness and im- becility. Commenting > on this attack in a letter to Madison, dated 29th of Apri],f he said: "The corre- spondent of Mr. Randolph has inade him to speak in language the reverse of truth. This Government is not fn imbecile one I it is sufficiently strong for all good purposes ! I ask Mr. Randolph and his friend to pro- duce proof of its imbecility. I ask if the laws are not enforced ? if personal rights are not secured and good 'v^:A. * Executive Journal, p. 118, vol. 3. f Executive Journal, p. 119, vol 8. WOU^ a dis as til So citize conf€ circu Supe testii that of cil right citizei be tl eugfi contii were claimil to thel 1806.] EEatJLATlONS ON CITIZEK^HIP. 139 order preserved ? I do not know,vnor do I believe, that the Government is odious. If there are persons who would have preferred another system, it does not follow that the present one deserves their odium. . ... . . With regard to the discontents of the people, I by no means consider them as general or as serious as is represented. That the Louisianians have a great partiality for France as their mother country ; that former habits had attached many of them to the Spanish system of government, and that the intrigues of a tew artful, designing men had promoted discontent and occasioned me much trouble, are facts of which I have long apprised you ; but so far from admitting that the Louisianians are prepared to receive with open arms an invader, I am impressed with an opinion that, in the event of war, many of the Creoles of the country would be found faithful to the United States. Perhaps a disposition to remain neutral might become pievalent, as the surest means of preserving their property." Some difficulties having arisen as to the evidences of citizenship and the enjoyment pf the rights which it conferred, Claiborne issued, on the 30th of April, a circular to the notaries public and the clerks of the Superior Court, who then were empowered to receive testimony on the subject, in which he informed them that the Governor, for the future, would give a certificate of citizenship to no person who should not prove his right to the same by his own oath and that of two citizens of the Territory — which citizens should either be the owners of real property within the same, or engaged in some particular business which promised a continuance of their residence in the Territory. They were instructed to notify this regulation to persons claiming citizenship, and to call their special attention to the fact that care would be taken to detect such per- is...'.' .. si '<•'. '.«'■:•■ ^ , 140 GOVERNOB CLAJBOENE'S VETO. [1806. tilf'fW *<^''^: '■il.. Si;*;' ■■;»..■> ■'■■ • I ?»'■-*,;■ I m'-r son as might depose falsely toucliing the claim of cit- izenship for himself or others, and to bring him to that punishment which the law prescribes for the crime of perjury.* Those disagreements which Claiborne had foreseen as destined to arise between tl\e Legislature and himself, were not slow in making their appearance. An act had been passed " to establish certnin conditions neces- sary to be a member of either house of the Legislature of the Territory of Orleans." Claiborne vetoed the bill, on the ground that its operation would be revolution- ary, and that it would deprive of their seats several jnembers of the present Legislature. " It seems to me,"j said he, " that a member possessed of the qualifications required by the ordinance for our Government has a right to continue his functions during ^'' period of which he was elected ; and that a law v ''■ shall im- pose other qualiiications than those pointed out in the ordinance cannot be constitutional, unless its operation shall be prospective, and not permitted to affect the sitting members." This was on the 2d of May. On the 8th, he inclosed to Madison a copy of the bill, with a copy of the message in which he had expressed his disapprobation of it, and remarked: "The ancient Louisianians in the Legislature, are impatient of control, and will illy receive a check from the Executive author-i ity, but I must do my duty, and shall, on every occa-? sion, act the part which my judgment approves. By^ pursuing this course, I may present my enemies fresh materials to work upon, and render myself unpopular, but my conscience will be tranquil, and I shall sleep the better at night." On the 14th he added :t "The Territorial Legislature will, I fear, do little good during * Executive Journal, p. 131, vol. 3. • \- f Executive Journal, p. 13S, vol. 3. v^i « 'I,. u citize fixed! and Gove the and presej by tl turei man - A anothj contii the ai r^\ 1806.] OLAIBOBlfS's OPHTION OP HfiJ^ JUTIVES. 141 the present session. They are divided, ^nd one party — the strongest — seems to be greatly influenced by a few men in this city, whose politics and views are, in my opinion, in opposition to the interests of the United States." He resumed the subject in a communication of the 16th of May, in these words: " The difference in, language and the jealousy which exists between the ancient and modem Louisianians are great barriers to the introduction of that harmony and mutual confi- dence which I so much desire "There are, no doubt, several minor caiuses of discontent in this quarter : but the most fruitful sources are the in- troduction of the English language in our courts of* justice — the judicial system generally — and particularly the trial by jury — and the admission of attorneys. The pride as well as the convenience of the louisianians are opposed to any innovation on their language ; the trial by jury is by many considered as odious, and the lawyers as serious nuisances. . . . %- . . . . • . . . . . • » " When our disputes vnth Spain are adjusted, and the citizens induced to think that-their political destiny is fixed ; when the English bnguage is generally spoken, and a knowledge of the principles of the American Government diffused, then I shall be disappointed, if the Louisianians should not be among the most zealous and virtuous members of our Kepublic. But, at the present crisis, and with the present population, disturbed by the intrigues of adventurers — ^unprincipled adven- turers from ever}"- country — ^it is not in the power of any man to put down distrust and dissatisfaction." A few days after, on the 26th of May, he vetoed another bill, entitled " An Act declaring the laws which continue to be in force in the Territory of Orleans, and the authors which may be recurred to as authorities mimM •1 .ill V f -V •'■:■• *%*H^^ ■'*■•■'' '■''■ ff?w>'"i F.J J '»Ti-y" 't>"',«,.,- 142 ANOTHEB VETO BY CLAIBOBNB. '** {1806. within the same." He had previously notified the De- partment of State at Washington of the course which he had intended to pursue, saying, " This measure was prob- ah]y supported by some of .the French law7'ers, and has become a favorite one with the majority of the two Houses. Its rejection will, therefore, excite perhaps some discontent ;" and he denounced Daniel Clarke and Evran JonjBS as being among the intriguers who were tht^ most active in opposing him. "The first, from disappoint- ment," he said, "is greatly soured with' the General Ad- ministration ; and the latter, from piinciple, is inimical to the General Government. They both cordially unite ' in doing ths Governor here all the injury in their power."* These two gentlemen were wealthy and influential mem- bers of the old population of Louisiana, among which they had long resided ; therefore they easily proved to be no despicable thoma in Claiborne's political ribs. Claiborne's veto of this last bill produced almost a com- motion. Destr^han, Sauv6 and Bellechasse, members of the Council, resigned in disgust ; but, influenced by the entreaties of Claiborne, Bellechasse with ^ rew his resig- nation. The Council itself had passed a Resolution proposing a dissolution of the General Assembly, and assigning as one of their reasons for advocating such a measure, " that the Governor had rejectea, and continues to reject, their best laws." In a communication to Madison sent on the same day he vetoed the bill, Claiborne used the following language :' " I consider the bill in question as improper, and it was my duty, therefore, to reject it. If, by the ordinance and laws of Congress, the civil law is recognized, the bill was useless. The Judges of the Superior Court can deter- mine the authorities on which to rely. Their selection • Executive Jooriial, p. 133, vol. H. . s newsp N^apoli a form Goveri nopoT and re devisee meaeurJ county [ Consul* 15rown,l toMadil servatic nsen in for his ii but ass^ r.?. 1806.] OLAIBOBNE AND THE FRENCH CONSUL. 143 would likely be more judicious than any which the Leg« islature could make. I profess myself uninformed of the merits of the bill, and to know not the consequences which might flow from it. In any event, I thought it but right to disapprove the measure." But was it not a very improper stretch of authority on the .part of Clai- borne to reject a bill, v^hen " he professed himself un- informed of its merits,'' and thus to defeat a measure which he stated to be *Sa great favorite" with the representatives of the people ? It is not astonishing, therefore, that he found himself the object of harsh, censure, and that l.e produced a great deal of irritation. • Whilst tije two Houses were in a state of violent ex- citement, and discussing the propriety of pronouncing their own dissolution as a political body, a storm arose from another quarter. The French Consul and the French citizens were infuriated by an attack made in one of the ' newspapers of the city on t^eir beloved Emperor, ^ Napoleon L; and the Consul, Mr. Desforgues, addressed a formal complaint to Claiborne on the subject. The Governor very properly replied, that the Government had no power over the press ; that its licentiousness was seen . and regretted, but that a remedy had not yet been devised; that it was not in his power to take c^y measure on the occasion ; that the Judiciary of the county could alone interfere; and that the French Consul* should apply to. the District Attorney, Mr. Brown, tor advice. " Mr. Desforgues," wrote* Claiborne to Madison, ** was gi'eatly irritated, and, among many ob- servations, stated that the French citizens would have nsen in mass, and massacred the printer, had it not been for his interference. I thanked him for his good intentions^ > but assured him that there was no necessity for his in- * Execative Ju.r, •V. .;.>•_■<;. 144 ELECTION OF D. OLABKE TO C0NGEE8S. [1806. terference, since the Government was adequate to tLe preservation of order, and to the protection of its citizens from violence. I fear Mr. Desforgues is a violent man, and that he is intriguing with the Louisianians. His movements, however, shall not escape my observation." Claiborne hastened to lay before the President of the United States the resignations of Destr^han and Sauv6, accompanied with this observation : " The services of an ancient Louisianian in the Legislature cannot with cer. tainty be calculated on. Few are disposed to make any sacrifice of private interest for the public good." These harsh words, into which Claiborne was betrayed, not- withstanding his gentle and kind nature, show fhdSt ]lo had permitted himself to be goaded into some decree of resentment. What had contributed to increase his vexations was the election to Congress, as a Delegate, of Daniel Clarke, his personal enemy, which took place about that time. But, on the 28th of May, IDlaiborno had the satisfaction to inform Madisoa that the House of Kepresentatives had rejected the resolution of the Council to cease all legislation, and that both Houses "were conducting business with dispatch and con- cord." * This dispatch and concord did not prevent the issuing of an addi'ess to the people of the Territory, which was signed by certain members of the Legislative Council and of the House of Representatives, and which 'reflect- ed on the course pursued by Claiborne toward the Legislature. The Governor sent a copj' of it to Madi- son, saying: "Thatf this publication will raise the popular sentiment in favor of the signers is, perhaps, probable ; but I am persuaded its effects will soon pass away. For myself, I only regret the proceeding on ac- • Executive Journal, p. 153, vol. 2. f Executive Journal, p. 168, vol. 2, 8d June, 1806. 1« 0O1 thi un1ak0f Pointe Couple ; Loms Fonteneau, for the County of (^elousas ; and Claiborne had to issue his proclamation for new elections. In^pelation to the County of Opelousas, Claiborne was infenaed that a oonsiderable emigration was about to tflli# place from that county tothe Spanish settlement on the),.Biver Trin%i* whei« gr<'it enconn^ement was given to settlers. He gave notice of the fact to Madi- sen in m^ttrf^ the ^tii of June. '^I am informed,'' said he,i^' that tbe «ncient inhabitants of Lomliana are much dissatisfied with our judicial system; that the trial by jnvy is not approted f and that the lawyers are execrated. I| il not in my power to remote this cause of ^issatisfiMtioB. I neveritdmired the system of cottiity cou#^ < ThfMifild phitL of eommandants was^ iff my opin- ion., best fsuili^^o the presei^ stiiie of the Territory ; but tkit Iiegi|faitl7e Counoil prefemd tbe ktHMdiate in- trodttftion ci a judifli»yion An«rte«B pi»iiie^le»— «nd I reluelxiiify ae^esoed Im the m e ast i w. . The «oiiidiict of the lawyers in the ktevi^r eotmties is a souMi» ol^great diseeateM. Th«^ are Md to be extrav- agant in their charges ; to encourage litigation ; and to • BhEeetMt«Ui.^..f '*• ■ »(►,■, <,- ■» ; ^ . CAUSES OF msoawsESFS. [1806. speculate on the distresses of their clients. I fear there is too mach truth in this statement .... Among the emigrants to this Territory there is a descripiaoA of people which I consider the greatest pests that can afflict any honest society. They are those avaricious speculators wh6 go about with a little ready cash to seek whom they may devour. Some of these hungry parasites have, I am told, fastened on the labors of those ancient Louisianians who hafto emigrated, and ate about to emigrate to Trinity. It is pifobable that many per- sons will also emigrate to the Trinity ^m the counties of Natchitoches and Rapides. They are dissatisfied with our court system, iBsar taxation, and are m«(||^ to hUi^e by Spanish partisans that their fortune will be benefited by a removal." ^ Another cause of dissatisfaction was,^ that, at th# sales of property taken under execution, the sheriffii^ them- selves were fi^uently >the purchasers. To pot an end to this evil, Claiborne' had ^nssucjy^ moi^tov^' ^rculai to these officers.* Under the preceding Govertiment8«?-of Ffi|noe ilnd Spain, the Governor of theprovinoe of Loaisiaaa, being 'the representative of the King, was looked i^n as the 'fountain of honor, the seat of justice, the shiald of . pro- 'N^ction on ei? ety occasion, and the general and supreme ^fedresser of all wrongs. Hiis impression eould not be easily effaced ilTom the mind of the popuhition ; hence TOlaibome w&s annoyed by constant appeals to the ^ power which he was supposed to possetiu fit has been ^already related that, in' the preceding yearf a< oomedy ^had been acted on the K^ Orleans ' sftage, w^idh had ^*w6unded the feelings df the UrsuKne Kans. They had ^ leoBUplained to Claiborne, and ^e o^i^ce having bees re- * Executive Jettrnal, p. 186, rol. %, 18tli June, 1806. 18C pei to i wa« isg tive Sue] negl theii to th made age? erall^ portiB which noihy. there* the pa finishii Sister^ m^.. 1806.1 OLAIBOKirE AND THE LAD7 ABBB88. U1 peated this y«»ar, they again bad turned to the Governor to screen them against the derision and ridicule which was «imed at their religious order. Claiborne's answer is given here as completing an episode, wbich is illustra- tive of the feelings, manners, and tone of the epoch. Such details, apparently trifling, have^boeu too much neglected by historians, as unworthy of the dignity of their subject Would not a letter troi|;^ a Roman Consul to the High Priestess of tke Vestals be interesting, if it made u:9 better acquainted with the social life of that age ? Battles and great political (X>nvulslons are gen- erally tbe main features to be found in the ^torical portrait oif^ek nation, but there are small lineaments which shoidd not >>e omitted to comj:dete itsphysiog- noiny. Claiborne's answer to the Lady Abbess must, therefer^ be received as one of thQse l^ht touches of the painter's brush which he deelns necessary to the finishing of his work. That OQgwer ran thus : ^' Holy Sister,^the |eprese|||atioDB at the thes'^^^ of which you complain ajre to ibe sources of regret ; and I beg you to bA nAsurod thfii aU my influence will a second time be used witb^he Mayor of .this city (to wbom m^re prop- erly belongs tbe duty of checking the 4^]^useo of the stage) to prevent a I'ep^tion of those eaceptionable pieces. I am sorry tbftt these representations should have given aflictiou to the community over which you preside. Th4sy may have arailsed the thonghilesi^ but cannot, I am stire, be 'Sppeoved by the reflecting piui; of society. The sacred. pM^cto of your Order,, the amii^^le characters whi(^ compose it, and the usefinlness of their temporal cares, rannot £ul to commimd the estieem and confidence of the good and vktuous. 1 fHray ypn, holy sister, to receive the assuraooes of my great respect and sincere friendship." At this time an event took place which is worthy of Wd ,1*., ^,1 148 JUDICIAL DECISION ON ALLSOIANOE. [1806. iSOi mm' mtr--"-- •» V notice, in consequence of a question which arose in the trial, and of the decision thereon by the Superior Court. An inhabitant of the Territory, a Spaniard by birth, wm arraigned on the charge of murder.* The counsel for the prisoner demanded, in conformity with the principles of common law, a jtiry composed in part of his countrymen. It was conceded that the prisoner was an inhabitant of Louisiana at the. period of the oeasion to the United States, and was still an inhabitant thereof; but« inasmuch ab he had not taken the oath of allegiance to the United States, it was contended that he wat, in fact, an alien, and a subject of the King of Spain. '* I am happy, how- ever," wrote Claiborne to Madison, "to infopi you that the demand was not Acceded to by the court ; and al- though the judges did not give in detail tlveir reasons for ' rejecting the claim^pf the prisoner, yet it was ui^erstood to be the opinion of the court, that all persons who re- sided here at the period of the cession, and did not with- draw from the province with the Spanish or F^^ch au- thorities, eould not otherwise be considered than as citi- zens of the United States. I rejoice at the decision, since it has removed from my mind a cause of scone in- quietude. Certain American lawyers who are settled here have doubted whether the people could be con- sidered as American citizens, until they had taken the oath of allegiance to the United States, or could be con- victed of treason, should they enter i^e annies of a power at war with the United States. I always thought this opinicm erroneous. It seemed to me that t^e alle^ance of the inhabitants of the ceded Territory to Spain and France having ceased, it must, of^necessiiy, attach to the power s^ 'u.t pmtected them. I never considered the ad- ministration of the oath as a necessary measure. But, * fizeoatire Jotonul, p. 194 v^ 3. .i}4' •i,-n smo cont l)orfc %< sued rebel of L trial, groun tion y On ofWa NewC had at city," 6 and th< cationa the chu dy, cal Wcwld, werous I^uisiai repairec closed fired froi teerspar will obsi from thi prejudice some loc whose na ure, stifle that the * Gfayan 1S06.] OELEBBATION OF THE FOURTH OF JULT. 149 since lawyere of some eminence professed to entertain a contrary doctrine, I am bappy to. find my opinion sup- ported by a decision of the Sapreme Court" It is wor- thy of remark, that this decision supports the course pur* sued by General O'Reilly, in 1769, toward those w^o rebelled 'Against the Spanish authorities alter the cession of Louif^iana by France, and who, when put on their trial, excepted to the jurisdiction of the court, on the ground that they were French subjects — which excep- tion was overruled by O'Reilly.* On the 6 th of July, Claiborne intbrmed the Secretary of War that, on the celebration of the 4th, the citisens of New Orlean^ had exhibited a degree of patriotism whieh had afforded him much pleasure. " All the stores of the city," said he, " were closed by order of the City Gounoil, and the inhabitants generally suspended their usual ayo> cations. High Mass was performed in the forenoon ai the churches, and a Te Devrni sung at night ; a new trage- dy, called * Washington, or the Liberty of the New World,' was performed, and much applauded by a nu- merous audience, consisting, for tis most part, of ancient Louisianians. The tragedy being finished, the company repaired to the public ball-room, and the eyenii^ was closed with dancing. As was usual, federal salutes were fired from the forts, and the Battalion of Orleans Volun- teers paraded on the occasion. From these particuhuns you will observe that the American feeling is net in exile from this Territory. There are, mdeed, some ancient prejudices which it is difficult to remove, and there axe some local parties encouraged by a few designing men, whose native language is English — ^whieh, in some meas- ure, stifles the germ of patriotism ; but I persuade myself that the time is not far distant when the LcadinaB- .-' Hi"''*' ■' r * aa7arie'8 Hifltorj) &i Loidg&uuu Fie&oli DoaniMtiOn, p. 888, vol. 2. too OLAIBOBNS AND OENEFAL HEBREBA. [1806. rv'ii i:^- "^ ■j./f- *''5v .••■■■■ ■ ianB generally will he zealous Diemben of our Repub- lic." In the beginning of July, Claiborne departed from New Orleans, partly to avoid a residence in the city dur- ing the sickly season, and partly tc. attend in person to the better organization and disciplining of the militia in the several counties of the Territory. Whilst in the County of Attakapas, on the 29th of July, he learned that the Spaniards were again making threatening de- monstrations on the Sabine. This intelligence induced him to journey, through the County of Opelousas, to Natchez, where he might be better able to provide for any emergency of danger which might arise. There he was informed, on the 17th of August, that a consid- erable Spanish force had actually crossed the Sabine,'" and had advanced within a few miles of Natchitoches, to Bayou Pierre, where they contemplated establishing a garrison. In consequence of this information, Clai- borne, after having had an interview with Cowlee Meade, Governor of the Mississippi Territory, and obtained from him a promise of assistance in case of need, departed im- mediately for the County of Rapides, on his way to Natchitoches, where, on the 26th of August, he addressed to Herrera, the commander of the Spanish force, a long letter, in which he complained of several acts of hostility committed by the Spaniards, and, among others, of this recent violation of a Territory which he hoped to have seen respected as neutral ground, at least pending the negotiations between their respective Governments for an amicable adjustment of the limits of Louisiana Her- rera, as a matter of course, demurred to this accusation, and defended, to the best of his argumentative powers, tho course which he, or the other Spanish authorities, * EzeentlTe Joamal, p. MB, Tol. 8. ■ ^, ■rn to each other, the Spanish General was attacked v ith a dangerous illness. Clai- borne, having I V 152 OLAIBOBNE^S MILITABY HEASUBES. :^, [1806. the Spaniards, but Colonel OuBhing objected, on tihe ground tbat this would be contrary to the instructions which had been left with him by General Wilkinson, who was then absent. Claiborne was somewhat nettled at this inactivity of the regular troops, and thus wrote to Cowles Meade, the Secretary and acting Governor of the Mississippi Territory: "Perhaprj the inactivity of our trocps in this quarter may not have been improper — ^perhaps our dispute with Spain may at this time be amicably and honorably adjusted, and if so, we shall all rejoice that blood was not shed ; but my present impres<- sion is, that ' all is not right.^ I know not whom to cen- sure, but it seems to me that there is wrong some- where."* Seeing that there was not any probability of active operations, and thinkirg that his presence was unnecessary, as the Spaniai'ds, instead of advancing, had fallen back to a place where they seemed disposed to remain quiet, Claiborne departed for the Ceunty of ilapide8,to urge in person the organization of those rein- forcements and the sending of those supplies which Ck>lonel Cushing might ultimately want. There, having heard of the arrival of General Wilkinson at Natchez, he determined to remain, in the expectation of seeing him on his way to Natchitoches. Whilst sojourning at the spot where he was awaiting Wilkinson, he oorrecteid the false impression which he had given the Secretary of War in relation to the French part of the population of Natchitoches.f " On my arrival at Natehitocheg," he said, ^* I was led to believe that thjb French inhabitants vere very generally disi^eotecl ; but my present impres- sion is very different I do now believe that, if an op- portunity offal's, many of them will evince their fideUt|: to the Government." * Execntive Joarnal, p. 269, vol. 8. Diapvtdi of the 9th of September, t Executive JoonuJ, p. 278, vol. % nkQif|^.Qf the ISth of S^tember. ISO 1 pla ateJ nun ritoj borr mow will deed amu: porti tacli ^ depar ganizc unwii; fiirnisj exaspt gion, a borne subje "The the ca. that th native oontini and kii for the crisis, i been the moi pressed an easyi neutral c IL'. ■»(» . ■ • 1806.] ABBIYAL OF WILKINSON. .^. 153 Wilkinson arrived on the 19tli of September, at the place where Claiborne was expecting him, and immedi- ately addressed the Governor in writing, to ascertain the number of militia who could be relied on from the Ter- ritory, in case of a conflict with the Spaniards. Clai- borne replied that he could not promise the support of more than foiu* hundred men, officers included.* " Yoa . will recollect," said he, "the extent of this frontier, and, in- deed, the vulnerable position of the whole Territory. I am unwilling, therefore, to draw to any one point a large portion of my militia, lest, by doing so, I should invite at- ^ tack in some other quarter." On the 22d, Claiborne departed for the County of Opelousas, in order to or- . ganize and stimulate its militia. There he found an unwillingness on the part of the ancient population to famish volunteers as he desired. This feeling greatly' exasperated those Americans who had settkd in that re-| gion, and the excitement beoime so intense that Clai- borne thought proper to address Judge Collins on this subject in a written coomiunication, in which he said : '' The reluctance of the ancient Louisianians to rally at the call of their country is seen and regretted, but I pray % that this conduct may t.o^ occasion reproach from the native Americans, but, ou the contrary, that they mayf continue to extend toward them every act of civility; and kindness. I am disused to make great allowances for the unwilHogness of the Loiii^anians to enter, at this crisis, into the service of the United States. They have been educated in a belief that the ^anish monarchy was the most poV^^l on earth ; and many of them are im- pressed with an opinion that the Unit^ States will fall an easy prey to the ^wnisfa arms. Hence arises their neutral stand, as the surest means of safety to their per * Sxeotttiye Joonal, p. S88, vol. 9^,: '-'::'if- mm a..ljj,^j-, **i i ji-.'VifJ .; 154 FATHER ANTOINE SUSPECTED.* [1806. sons and property. There are other excuses which may be made for the recent conduct of some of the Louisian- ians, but it is unnecessary to recite them, i I am per- suaded of your disposition to cultivate harmony, and I am sure that by your example and precept you will dis- courage any proceedings which might lead to disunion, or what I should consider the greatest calamity that could befall the Territory."* ? Claiborne returned to New Orleans on the evening of the 6th of October, and on the 8th he informed the Sec- retary of War that the number of militia from the fron- tier counties, who had marched for Natchitoches, exceed- ed five hundred men, and that a detachment of one himdred regulars, having in charge such military stores as could be obtained, and might be required by General Wilkinson, would set out in a few days. " But, " added he, " there is in this city a degree of apathy, at the pres- ent moment, which mortifies and astonishes me; and some of the native Americans act and discourse as if perfect security everywhere prevailed I fear the ancient Louisianians of New Orleans are not disposed to support with firmness the American cause ; I do not believe they would fight against us ; but my present impression is, that they are not inclined to rally under the American standard. We have a Spanish priest here who is a very dangerous man ; he rebelled against the Superiors of his own church, and would even rebel, I am persuaded, against this Government, when- ever a fit occasion may serve. This man was once sent away by the Spanish authorities for seditious practices, and I am inclined to think that I should be justifiable, should I do so likewise. This seditious priest is a Father Antoine; he is a great favorite of the Louisiana ladies; * Executive Journal, diepatoh of the 34th of September, p. 206, vol. 2. quencel over hi he hi •Execu fExecu # i9- '.f tif: 1806.] FATHER ANTOINE 8WEABS ALLEGIANCE. 155 has married many of them, and christened all their chil- dren } he is by some citizens esteemed an accomplished hypocrite, has great influence with the people' of color, and, report says, embraces every oppoi-txmity to render them discontented under the American Government."* Claiborne, in consequence of these apprehensions, re- quested the Catholic priest to attend at the Government House, and in the presence of the Mayor of the city, and of Colonel Bellechasse, of the Legislative Council, men- tioned to him the reports which were afloat concerning his conduct. The priest listened to them vrith much humility and solemnly affirmed his innocence, avow- ing his determination to support the Government and to promote good order. "I, nevertheless, thought it proper,'' wrote Claiborne, " to administer to him the oath of allegiance, and shall cause his conduct to be carefdlly observed." He then added, with his usual good-nature, as if it were to mitigate the effect of his harsh suspicions : " The priest declared the reports to have originated in the msdice of his enemies. The division in the Catholic Church has excited many malignant passions, and it is not improbable that some injustice has been done to this individual" f Whilst the Spaniards were so troublesome on the fron- 1 tiers of Texas, they were remarkably quiet at Baton Bouge, Mobile and Pensacola. Was it a preconcerted plan, uid was it their intention to draw all the American forces far to the West ? Even at Mobile favorable concessions to American trade had been made. The intractable Governor Folch was no longer in the way. In conse- quence of a triumph whidi his rival Morales had obtained over him in an appeal to the Captain-General of Cuba, he had given up, tor the present, the Government of * Executive Journal, p. 805, vol. 2. Claiborne to Secretary of War, Oct. 8. f Executive Journal, p. 810, vol. 2. [ <:^'¥ 'W:'^ ■■'■■•■ >f Pi mm mm «r>MfV.,'}->;'*-' : ■ » I. ■r-Jifr- II' ., '■■,■■"*■ s,, i 't ^v:v^ 156 Claiborne's oonflicting opinions. [i8oa. Pensacola, and it had devolved upon Colonel Howard, nn Irish gentleman of talei' ^, who had long been in the service of Spain, and who showed himself much morei^ conciliating than Folch, in relation to the navigation of* the Mobile Kiver by the Americans. !> Claiborne's correspondence with the General Govern- ment shows how changeful were his impressions, and con*^ sequently how wavering he was in the eicpression of his opinions. This was due to his proneness to listiin to^t rumors and accusations. He seemed constantly to forget that thei'e was a very strong and very natural jealousy, between the ancient Louisianians and the i\ew-comer8, who were anxious tc get the ascendancy in a territory whick they considered their exclusive property by purchase, and where they were impatient to implant their laws and habits, with all their ideas and views in ethics, rem ligion and politics. That class of men looked with ex^/ treme displeasure in many cases, and, in other%with« considerable resentment, at the resistance offered by Hh&^f old population, who, on their side, considered the native ? Americans as unprincipled intruders, coming to de-ii prive them of their language, their religion, their lands, their time-honored legislation, theii* manners and cus- toms — in fact, everything they held dear and sacred. Hence accusations and recriminations on both sideiti), par< ticularly from many active, restless, and not overscrupu<««, lous Americans, who flocked to this new field of enterprisesps which had opened to tkem, and where they hopeJ t-^ secure wealth and political power. Claiborne was consthiitly permitting Idmself to share in suspicions that drew from ' him assertions, or opinions, which he was afterward obli- ged to retract. Thus, in relation to the organization of the Attakapas militia, which soon held itself in readiness to march, at a moment's warning, to the seat of the ex- pected conflict, he wrote to the Secretary of War on the be d comp New I Secrel patrio At a] ments and pi vices particJ patrioj this a] with of Ws that But Ix>ujsi{ ioccui fastest militia I even ii 1806.] CLAIBORNE'S CONPMOTmG OPINIONS. 157 liiith of October: *'I had feared that some difficulty would be experienced in executing ray orders, but 1 am agreeably disappointed. The citizens discovered a great share of patriotism, and avowed their determination to defend with their lives their country. WI itever -ta,3 be the local discontent of the Louisianians, I begin now to think that they vsnll generally rally at the call of Government. When I first went to Natchitoches, I did distrust the fidelity of the Louisianians in that quarter ; and, indeed, every American residing there, with whom I conversed, agreed in opinion that the French part of the society was generally disaffected, but I trust we shall all be disappointed.^' Again, on another occasion, he had complained cv the apathy and want of patriotism in New Orleans, an( , on the 17th of October,* he said to the Secretary of War: "I hasten to announce to you the patriotism of the citizens of New Orleans and its vicinity. At a muster, this morning, of the 1st, 2d and 4th Eegi- ments of militia, every officer, non-commissioned officer and private present, made a voluntary tender of their ser- vices for the defence of the Territor}'^ generally, and more particularly for the defence of the city. This display of patriotism affords me much satisfaction, and has rendered this among the happiest of my Ufe." He aim called, with much comm^idation, the attention of the Secretary of War to the patriotic address made to the militia on that occasion by Colonels BeUechasse and Maceixty. But, on the 7th of November, Claibome^s faith in the iLouisianians had again been shaken. A re)ap8e had ^occurred, and the chronic old fever of suspicion had fastened upon his mind with renovated vigor. The .militia had not turned out as he had expected. He was even in bad humor with the native Americans. As i^- * BxeeatiTe Joomal, p. 814, Tol. S. .■«!' 0i' f L .-111 '■'>.■'• JI'V "it'' ■''V«ir ••■■•:■,•• ' •■iji I "? ~ * '■' si's St . --i' ■f^'.i.i'V ^frP'* J .■;;^%' ''.'^•'^^^^^..^ ^*;.'V^■ .,■ ■!*■.■*.. ■, i;;(; 'y*"*'. ■; If- #-•"•-■■'' ^ !".' <■•■;' ■»••' if. 1-f ,'• ■. -,.« ,=', IB '» » ii'* ^ ■■■'.,•' 158 claibobne'8 coNFLiornro opikiojts. [1806. peared by information received from General Wilkinson, the CoiyK)rdia Militia liad failed to repair to their poet. "I kn<:lw not," snys ( 'iaiboiiie, •' iiotr to account for the delinquency. C' inc( >i iia if- sett kd exclusively by Amer- icans."* .As to rlicse 'Oiitant (j;ects of distrust and jealoiiiy — the Louisianians— he adds : "You will observe that t})e General places but little cor ftdence in the French who are settled at Natchitoches ; jwrhaps I nay be too sanguine iii my expectalioisK ; bnt I continue to think that those ()f the Lotiiaia^iiaiis who are not for us, will not be against as. I do ^..lieve they will be inclined to take a neutral stand,*' As to the city militia, he remarked that their late conduct in tetidering their military services had perhaps made on his mind a more favorable impression than it deserved. " i iind," said he, " that their enthusiasm has in a great measure passed away, and the society here is now generally engaged in what seems to be a primary object — the acquisition of wealth. Indeed, the love of money seems to be the predominant passior, ; and that virtue called patriotism finds but few votaries. I never- theless continue of the opinion that a great majority of the Louisianians, I mean the natives of the countr}', would resist any invader. But I have not equal confi- dence in all the foreigners who are settled in this Ter- ritory. On the contrary, from a part of these we have everything to fear. A few days since, we had news of peace in Europe, and immediately some of the French- men among us began to speak of the probability of Bonaparte's again taking possession of Louisiana, and of the facility with which it might be accomplished. . . . At present, the Louisianians do not appear to be un- friendly to the Governm '*■♦- ... - *^ .'•fr II- But before tliis event occurred, and whilst he was con- fronting the Spaniards, apparently with many chances of a speedy cellision, Samuel Swaiiiwout, an emissary of Burr, had arrived at the General's camp on the 8th of October, and had delivered to him a confidential letter — such a letter as conspirators only send to accom- plices.* Wilkinson received Swartwout with great favor, and detained him until the 18th, when that emissary departed for New Orleans. On the 21st of October, Wilkinson determined to denounce Burr. Forthwith he dispatched a messenger, who arrived in Washington on the 25th of November, and delivered to the President the dispatches with which he had been intrusted. On the 27th, Jefferson issued his famous proclamation, which made known to the country the traitorous enterprise afoot, and nipped it in the bud.f What were Wilkinson's reflections, or what were his secret acts and dealings between the 8th and the 21st of October, which was the time he ostensibly took to de- liberate on the course he had to pursue, it is impossible to ascertain. But it is well known that, after the send- ing of his denunciatory dispatch to the President on the 21st, he, on the 29th, sent a written message to the Spanish Commander-in-Chief, in which he proposed that, without yielding any pretension, ceding a right, or in- terfering with discussions which belonged to their supe- riors, the state of things eidsting at the delivwy of the province' to the United States should be restored, by the withdrawal of the troops of both Governments from the advanced posts they occupied to those of Nacog- doches and Natchitoches reijpectively. J The Spaniards, who had been thus far so intractable, suddenly became » Purton'B life of Aaron Bunr, p. 426, vol. 2. t Parton'8 Life of Aaron Burr, p. 482. i Martin's History of Louisiana, p. 271. vol. 3. # 1806.] 161 ].«.«ied down toxTw^ii^ '"^ ^'^^"«»' k«d Tie time had oome fc, ni i. «i-en Wm by i^ i^^*^ i«d ever be.^ w«. seriously men^^TZt^*^ ^^'^" "'^eSt-t- break ont k New ^wl?*?^^" '°«ld P«.b.Wy by the notorious Vic^Sw 'jTl " *^" l"^ '•««*>d were «,g,g«d. . ^ e™3^^V "?" *"' *bo'M«d, g«« from tki. TenWm!?^'^' *'*8"*» to Con- 1«^ and thrt, had be c^TL^ u"'^ -""'^ not on then- minds tbe enJ^' 7 ""^ "»?««» wb' tbe Atlantic an« wSSKL' rT**"" '^^«" ^ Mr- J. W. aurleTLvrr J^-/'"'"^ Watldns 'Uponftntherinqui^. ffiif"** " *»>•« words- "»]«t«oc«ry,irtonwitbDrwt^^. • " • • tt«* «noe tiw el«tion o<* Mr Cl™*^.''*' "^™" »« ««»er sentiments thTi^t^ ««'«»«.«r.«l fe ?<»» *o tl» impute of W^ ""'' *™* *" •««*«». deHberate *rtfe^ h^^l^T^f'^^^ li?^t'^'^ ' h:zKii,v^^'' ^^; > ■» V; !-'wi. '•:•''■ ^.^^: ■I,-. ■- ; t ■•.■"^. •' -rijK ; 1M OOMHOnON IN N£W ORLEANS. [1806. lionoi- aud welfare of the country," he mfoi*med Madison ^^ that lie hud no donbt that a conspiracy was formed higlily injurious to the interest of the United States, and that characters of high standing were concerned in it, although he was not yet advised of the particulars." Meanwhile, the City of New Orleans had been suddenly thrown into the wildest state of excitement and pertur- bation. The cry was, that Burr was coming down with a large force to take possession of it, with a variety of designs attributed to him, which were multiplied or magnified by fear, and which became of a more alarming character, as they were conveyed from lip to lip, after having passed through heated imaginations which added more vivid colors to the original tale of invasion. Clai- borne requested Captam Shaw, of the United States Navy, to have all the force under his command ready for immediate service * to meet the threatening danger. That force consisted of two bomb-ketches and four gun- boats. Wilkinson went to work in great haste to repair the old fortifications, and even '^ contemplated picketing in the city." f On the 6th of December, Claiborne wrote to Madison : " If General Wilkinson is not greatly deceived, the safety of the Territory is seriously menaced. ^ii,< . . . . From the firmness and the bravery of ihe array and navy on this station maeh may be expect- ed; but as regards the support which the militia may render, I cannot hazard an opinion. . . . . I have hod 80 many proofii of the ii«fluenoe of unprincipled men, and the ]»«valence of wicked pqiUtieal prin- eiples, that I know jult in what poison of tfa^ o^ililittto confide. General Wilkinson teUs me thai; W ImmI here- tofore received hints of a Mexino ezpedilioBi apd from the characters who, it seems, tm the leadets of iju^pres- * Executive Journal, p. <49» Tol. 8. t EMOHtiTc JomrQal, Disratch 4th Dec*. 1809k p. Wi, vol. 2. 15 en ve eoi Cla 8en( froE offlc the Gov "vei mess* jects as th the 61 that ] Then presses "The and n States must I fabric ( of our "Un measuii our civ the stro «Ha^ tie gj can re^, t-'onsiderl v*."' . ^V;": A' f re id 1900.] CLAIBORNE AND MARTIAL LAW. 16«A cnt plot, but had attached no coneoqnenoe to their oon- 1 versations, under an impression that, unless sanctionodi by the Government, no men of reputation and talents ' could seriously contemplate an o>)jeet of the kind.** > 01aibome*s embarrassments were increased by the ab> * sence of instructions, or even of information of any kin jeots of his journey, or the place of his destination, as this reserve might be essential to hift safety.'** O* the 6th, Claiborne ^as startled by Wilkinson's demand • that he, the Governor, should proclaim martial law/-' The reasons which Wilkinson assigned for it were ex- ■ pressed in his usually ildrid, and characteristic style^A " The dangers," said he, ** which impend over this cfity^i and menace the laws And Government of the Unitedi* States fh>m an unauthorised and formidable aasodation^ must be successfully opposed at lliis pointy or the fiur* fabric of our independence, pnrobased by -tie best blood of our country, M^ill be prostrated, and t^e Goddess of> Lil>erty Will take ber flight from this globe forever.'* > a *' Under circumstances so imperio«% ^xtraoidinary measu^s must b<^) resorted to, and the ordinary f our civil im^titutions must, for a short period, yield tc{ the strong arm of military law. *h ^ Having exposed to you, without reserve, the anthenti tic g^oimds on whic^h I found my apprehemnotifl^ you^' can readily comprehend the high, soiegift and iiiiport«ttt considerations by which I am moved, when I moat eaw « OnfciMHe JovMMl, p. liV« ^ali S.' m •ri- !*«;•• *■,!';• 'i-A '.,<-v "1 ■<,»».*•«.<•.«. v5-' *>!^ m . ,1.- .' i-.t!,;.' ♦'; .»Yf, I. ■■'..'■J} ■ ' .K^'.^U-'-vi-" II "■■■^>-^,: •1 164 WILKIN; O^ AND MABTIAL LAW. [1800. neatly entreat you to proclaim martial law over this city, its porta and precincts. For unleso I am authorized to repress the seditious and arrest the disaffected, and to call the resources of the place into active operation, the defects of my force may expose me to be overwhelmed by numbers ; and the cause and the place will be lost The idea you offered me this morning of calling forth the militia and taking a position for the protection of your territor}' above is utterly inadmissible, because you could not for a moment withstand the desperation and superiority of numbers opposed to you, and the brigands, provoked by the opposition, might resort to the dread- ful expedient of exciting a revolt of the negroes. If we divide our force, we shall be beaten in detail We m^ist therefore condense it here, and, in concert with our water* craft, rest our main defence at this poini'' Whilst waiting for Claiborne's answer, Wilkinson, among his other military preparations, made 'arrange- ments with the French Consul to receive possession of the French artillery remaming in the Territory, as soon as its value should be estimatedi and informed Claiborne that he had received snch intelligence as induced him to believe that Burr would be at Natohei on the 20th of December, with two thousand men. On the 7th, Wil- kinson renewed his application to Claiborne for the pro- claiming of martial law, saying : '* I believe I have been betrayed, and therefore shall abandon the i^ea of tem- porizing or concealmeDt, the moment after I haive secured two persons now in this dty. Our measures mint be taken with promptitude and dedsion, regardless of other consequences or considerations than the public safety^ for I apprehend Burr, with his rebellious bands, may soon be at hand.^* m 1806 A nnd p08e( reftis on th a mei woulc alone wa8n( dared privile arreeit ( thegui tion, ''c necessit ^ewOj the Gov as Presij apprised existing asked to which mously ofthesh as the b borne ac ommenda ^thout t ^^opart ft> thousand! supply wi should en the meroh 1*^ I V .. ' 1808.] CLAIB0RI7E AND THE XMBAI^. 10ft Although '' having entire confidence in the firmnesg and patriotism of General Wilkinson, and although dis- posed most cordially to co-operate with him," Claiborne refhsed acceding to his request to proclaim martial law, on the ground that, preparatory to the adoption of such a measure, the suspension of the Writ of Habeas Corpus would be necessary, and that this high prerogative could alone be exercised by the Territorial Legislature, which was not then in session. But, at the same time, he de- clared that, if the danger should augment, and if the privilege of the Habeas Corpus should, by impeding the arreeft of .the suspected, be found to favor the escape of the guilty, it was probable that he should, by proclama- tion, ^ direct its suspension, and plead in justification the necessity of the case." On the 9th, the members of the New Orleans Chamber of Commerce met, on request, at the Government House, Paul Lanusse being in the chair as President, and Bichard Keif as Secretary. They were apprised by Wilkinson and Claiborne of the just causes existing for the apprehension of danger, and they were asked to fiimish sailors to man the small American fleet which was on the statioii. Whereupon it was unani- mously agreed that a general and immediate Embargo of the shipping in port be reootnmended to the Governor, as the best means of obtaining the desired effect. Clai- borne acted without delay in conformity with this rec- ommendation, and orders were issued that no vessel, without the permission of Claiborne, or Wilkinion, should depart from New Orleans. At the same time, several thousand dollars were subscribed by the merchants to supply with clothes and other necessaries the sailors who should enter the service of the United States.* When the merchants were thus showing so much patriotism at • Bxecattve Joamal, pp. 870, 871, voL 8. H V-*' I El m ''u^- raM« •■'Jlii t^ ■•■J ■ -,v ' f*'-,'* ■'!■♦?■> ''^'^'itiMS 166 PBOPOSED IMPBESSHEin: OF SAILORS. [1806. f#'-Ar ■•■■•: ■ i;'> .V; the coBt of so great a sacrifice of private interest, they learned with extreme surprise that Wilkinson insisted on enlisting their sailors for six months, which would have completely paralyzed all commercial operations for t^t length of time. Why an enlistment for six months ? Why an embargo for six months i What necessity could there be for it 3 The danger, if it eixisted, Qould only be momentary ; a coup de main was aD that coulfi be appre- hended; and therefore no reasons could be discovered by the merchants in justification of Wilkimspn's extraor- dinary pretensions, which would have subjected them to immense losses, if not to utter ruin. Claiborne was of their opinion, and expostulated with Wilkinson, "I learn," he wrote to the General, " that the term ^ser- vice is the greatest obstacle. Xt is proposed to enlist the sailors for six months ; this length of time is objected to. Do you not think that two months, unless sooner dis- charged, would answer our objects ? I am aprry you should think me wanting in decision," continued he, " to assist Captain Shaw in obtaining men. I have author- ized an embargo — ^an act of authority which can alone be exercised legally by the General Government, and this act of mine, I fear, the Collector will not long sub- mit to, lest, by withholding clearances, he may subject himself to personal actions."* . But Wilkinson was not a man to care much for Clai- l>ome's scruples. Sailors having refused to enlist |br six months, he called in person on Claiborne 'to request *fltti impressment" — from which high-handed measure Claiborne shrunk. "I submit it to your cool reflection," be said to Wilkinson, " whether ai this time I could be justifiable in compelling men by force to enter the ser- vice. Many good-disposed citizens do not appear to J ^^,^ *^ Executive Joumal, p. 878. , , . ^. w I80i thil (pel pre] Wil he ] quea w".t ion," short I be; wide] well-^ be so until States and, f( be shi] the at the O ernmer **It knowle the ten apparei Kentac tremity but wh mentarj insfcituti from tol to inflic and tha they sh gave th very lib .' .vv- ler- Ito 1806.] J*■ ^•. .7' 168 CLAIBORNE AND WILKINSON DISAGREE. [1806. me leave, and in three hours our vessels shall be manned. " Having put my life and character in opposition to the flagitious enterprise of one of the ablest men of our country, supported by a crowd of coequals, ceremony would be unseasonable and punctilio unprofitable. I therefore speak from my heart when I declare, that I verily believe you are sincerely desirous to cO-operate with me in all my measures, but pardon the honest candor which circumstances require and my situation demands, when I observe that, with the most upright "nd honest intention, you suffer yourself to be unduly biased by the solicitations of the timid, the capricious, or the wicked, who approach you and harass you with their criticisms on subjects which they do not understand, and with their opposition to mewsures which they do not comprehend, or which, understanding, they are desirous to pravent, or to defeat. What will our alertness im- port, without force and energy to support it ? And can we be prepared without means ? Shall our reverence for our civil institutions produce their annihilation, or shall we lose the house because we will not break the windows ?" But, notwithstanding Wilkinson's pressing solicitations, Claiborne still continued to refuse to order the impress- ment of the sailors, the suspension of the writ of Habeas Corpus, the declaration of martial law, and the arrest of suspected persons. He said that he knew of no pre- cedent for it in any State of the Union, or in any of its Territoiies, and added, " the Judiciary of the Territory, having exclusive cognizance of offences, is the only tribunal to which I can refer you,, nor can any acts of mine arrest, or suspend their powers." Whilst Claiborne and Wilkinson were thus on terms of friendly disagreement as to these measures, the former received from the Acting Governor, Cowles Meade, of ■I'y 1806 Hiss and patri pron Leon perat coura will ( stop I the t with 1 eral wi the wi] Consid may sa Wilk not dri^ measur him, an in his imagine dispatch witli a h force on navaJ ai for, and interfere] consider as affecti two natic pre?8ion J'efra"n frc ■' Kx. Jour., 1806.] 0OWLE» MEADE OS BUBB. 169 <;i Mississippi, a letter in which ke said, " We waift arms and ammui^on ; we have men, and those men are patriots. But, sir, we are badly provided. I can only promise to make the stand and fight the battle of Leonidas. Burr may come — and he is no doubt des- perate — ^but treason is seldom associated with generous courage, or real bravery. Should he pass us, your fate will depend on the General, not on the Colonel. If I stop Burr, this may hold the General in his allegiance to the United States. But if Burr passes this Territory with two thousand men, I have no doubt but the Gen- eral vnll be your worst enemy. Be on your guard against the wily General. He is not much better than Catiline. Consider him a traitor, and act as if certain thereof. You may save yourself by it." * •h Wilkinson, having acquired the conviction that he could not drive Claiborne into joining him in those arbitrary measures which he meditated, determined to act without him, and assumed responsibilities which were justified, in his opinion, by the imminence of the danger which he imagined to exist. On the 7th of December, he had (lispatche( ^ ieutenant Swann, of the army, to Jamaica, wit! i a letter to the officer commanding the British naval force on tliat station, informing him of Burr's plans, and of th»^ circulation of a report that the aid of a British naval arn:i«}nent had been either promised, or applied for, and warBing him and all British officers that their interference, or any co-operation on their part, would be considered as higiily injurious to the United States, and as affecting the prei-tsiit amicable relations between the two nations, Thecf rimunication concluded with the ex- prepsion of a hope that the British Government would refra'nfrom any interfv-^r^nce or co-operation, and prevent ■ Ex. Jour., p. 83 J, vol. 2. Cowles Meade Ui Clidborne, 34tb Deromber, 1806. ...- ^ m .IT" ',■•■■> > ::^, •'Via •■-■ , . . .''.i^'i.:.!-'.'- -r- -• • ilk:.-: !••■ \»' l^■■. mMmm .•'"'•• •• ;S;'H*v iro * ARBBST OP OITIZENr. 1 [1808. any individual from aftbrding aid to the eorspiratora. This communication seemed to take the British officers by surprise. xVdmiral Drake stiffly observed in reply f^hat, from the style and manner in which the communi- cation had been made, he hardJy knew how to answer it, but declared that he availed himself of this oppor- tunity to assure Wilkinson that British ships of war would never be employed in any improper service.* «*s On Sunday, the 14th of December, Dr. Erick Bollman, a German, who had acquired some celebrity for his attempt to liberate Lafayette from his prison of Olmutz, had been arrested by order of Wilkinson and coniined in some unknown place. On the evening of the follow- ing day, a writ of Habeas Corpus was sued for on his » behalf before Sprigg, one of the Judges of *.he Superior Court. Sprigg declined acting until he '^ould consult his colleague, Mathews. But Mathe^vs was nowhere to be ^'^und. On the 16th, however, the writ was ob- ta* ed ; but Bollman had, in the mean time, been put on b jard of a vessel and sent down the river. On the same orj^ "ipplication was made to Workman, the Judge of .he County of Orleans, for a writ of Habeas Corpus in favor of t\»^o men, Ogden and Swartwout, who had been arrested, a few days before, by order of Wilkinson, at Fort Adams, and who had arrived at New Orleans on board of a bomb-ketch of the United States, where they were detained. Workman gi^anted the writ without hesitation, and called on Claiborne for support. But the Governor refused to intertere.f ^ *Crhe alarm, and even the terror which prevailed in the city, where everybody feared for his own personal safety, was such, that no boat could be procured to take the officer of the Court on boai'd of the ketch, which was * Martin's History of LouiBiana, pp. 385 and 377, vol. 3. .'•,< 1 f Martin's History of Lovdeianp,, p. 880, vol. 3. I8C lyii da^ oil the The his : hano Wili n 18th, arrest againf ''he,, standi, This n at the 1 in the i Hare arrestee ander. man iss Instead niefc)t«ig( such as two trai upon, L a iurthe cause w Judge tion to the Cou son. JB 1806.] J SWABTWOUT AND OGDEN. 171 lying in the middle of the river. It was only on the next day tbat^ lor the tempting consif'eration of a lai'ge sum of money,, for the j)ayment of which the Judge pledged the responsibility of the county, a boat was obtained. The writ being at last served. Captain Bhaw stated, in his return to it, that Swartwout was no longer in his hands, but produced Ogden, who was liberated. As to Wilkinson, on whom a writ of Habeas Corpxis had also been served in relation to Bollman, be replied, on the 18th, ^liat he took on himself all responsibility for the arrest of Bollman, charged with misprision of treason against the Government of the United States, and tbat '* he would act with the same energy, without regard to standing or statiatt, against all individuals who might be vliocovered as participants in Burr's lawless combination;" * This return was afterward amended by an averment that, at the time of the service of the writ, Bolknan was not in the power or possession of Wilkinson.* >, Hardly had Ogden been liberated when he was again arrested, together with another individual named Alex- ander. On the application of Livingston, Judge Work- man issued writs of Habeas Corpus for both prisoners. Instead of a return in du€ tbrm, Wilkinson sent a written mebtj'^ge to Workman, begging him to accept his return, such us it was, to the Superior Court, as applicable " to the two traitors who were the subjects of the writs." Where- upon, Livingston obtained a rule on Wilkinson to make a further and more expiioit return to the writs, or show cause why an attachment should; not issue against him.f Judge Workman, before acting, made a second applica- tion to Claiborne, to ascertain whether he would assist the Court in the execution of its decree a_ anst Wilkin- son. But that appeal was ineffectual, although backed *' Martin's Hiatorj' of Louisiana, p. 280, vol. 3. t Mortln'a Hietory of LooisiBDr p. 28t, vol. 3. .:}.i : i't *i r ■■ .f. ■.iw.wuar^a 'mm Hi ^ '■'''' f5 .^^'v . ^r , ■:•..•• .f/'-iVi :■■■ ■■■■ ■■ >: I'U '•■i- - ..." -^ {■':'■ ■■■■ VM'-*I '-■■ ■: '-0'' ^^:'^^:::m^ '^■;'^yi-^ h^^^r: • ^;V'' ■■■.ki*■•^^■■^■'l-■.■'■• f'. V' .i." -.' ■ .•'* * fc'J. •■; -> '.■, -■■ : ■■ I. • .V'..i , . " •■ ^fi 172 CLAIBORNE AlO) JXTD6E WOBKMAIT. [1806. : . by Judge Hall and Judge Mathews. On the 26thJ Wilkinson having refused to modify his former return, Livingston moved for an attachment against him. Before granting it, Judge Workman applied for the third time to Claiborne, addressing him in writing, and officially — in which communication he observed that a common case would not require the step he was taking in his judicial capacity, but that, on this extraordinary occa' sion, he deemed it his duty, before any order from his tribunal was attempted to be enforced against a man who had ail the regular forces of the United Statpa at his command, and, in pursuance of the promulgated will of the Governor, a great part of the armed force of the Territory, to ask whether the Executive had the ability to enforce the decree of thel Court, and, if he had, whe- ther ha would deem it expedient to do so. •' Not only the conduct and power of Wilkinson," said the Judge, " but various other circumstances, peculiar to our present situation, the alarm excited in the public mind, the de- scription and Ciiaracter of a large part of the population of the country, might render it dangerous, in the highest degree, to adopt the method, usual in ordinary cases, of calling to the aid of the Sheriff the posse comitatua, unless it were done with the assurance of being support- ed by the Governor in an efficient manner." Thus pressed, the Governor wrote a note to Wilkinson, advis- ing him to yield to the ci\al authorities. But the Qen- er. 1 peremptorily refused ; and Claiborne declining to employ force against him. Workman resigi^ad,* on the ground that the Court and its officers should no longer remain exposed to the contempt or insults of a man whom they were unabJe to punish or resist. This was acknowledging the fact that Wilkinson was supreme * Martin's History of LooiBiana, p. 284, vol. 2. r;-i ^.s«^ 1806.] THE EMBABOO REPEALED. 173 dictator, and that henceforth his will was to be the law. In consequence, the general alarm was daily becoming more intense in the city, when, on the Slst of December, Claiborne recalled, greatly to the (satisfaction of the merchants, the order which he had granted on the 9th, at the request of WilkinsoQi to prevent the departure of vessels fi'om New Orleans. In the mean time, on the 2d of this month (December) the President had sent his annual message to Oo-igress, in which, speaking of the inhabitants of the Territories of Mississippi and Orleans, he said, " I inform you vnth great pleasure of the promptitude with which the in- habitants of those Territories have tendered their ser- \nces in defence of their country. Ilj has done honor to themselves, entitled them to the confidence of their fel- low-citizens in every part of the Union, and must strengthen the general determination to protect them efficaciously under all circumstances which may occur." iX '^iT'i ■:/:,«» M .'.■■ ''■{t'f ■"■■ ■ ^k<-:vu i-"*,. . m r 1-! •*n Mrii ^ni ,*f/v7 r CHAPTER IV. OOYERNOR CLAIBOBNB's ADinNISTEATIOy — DOINGS OF AARON BURR AND WILKINSON. 1807—1808. "yjn .<■*■ <-->y;. Much to the satisfaction of the people of New Orleans in these exciting times, the Legislature met in that city on the 12th of January. Two days after, General Adair arrived from Tennessee, passing through the Choctaw Territory, and was the first to herald his own arrival, which took everybody by surprise. He reported that Colonel Burr, attended by a servant only, wouM be in New Orleans in three days.* Whatever were the inten- tions of Adair, he Jiad not much time left him to execute them. In the afternoon of his arrival, whilst he was resting from his journey, the hotel where he had stopped was surrounded by one hundred and twenty men of the United States troops, commanded by Lieutenant-Colonel Kingsbury, accompanied by one of Wilkinson's aids. General Adair was dragged from the dining-table, and conducted to headquarters, where he was put in confine- ment, to be shipped as soon as the opportunity should present itself f Strong patrols paraded through the streets, and several other persons were arrested, among whom were Workman, Kerr and Bradford. The com- motion produced in the city may easily be imagined. • rtalbome's communication to Bevoral membenn of Congress, p. 8, Exoca- tiw Journal, ' ol. 3. \ Martin's Uistory, p. 234, vol. %, ,174) 180^ Wil witl man pus I On 1 ciallj here judge sons 1 not oj again, who a such a self, I positio his zeaj "My iiave, ii now fet iave b€ are strc this cit^ be UDju! prudeno there is (from w expected now una On th( '^ilkinsc to him 1 New Orl proclamai 180Y.] ARREST OF WORKMAN AIO) KERR. 175 <<.■ V- Wilkinaon, however, ordered Bradford to be released without further delay, and, on the following day. Work- man and KeiT were discharged on a writ of Habeas Cor- pus granted by the District Court of the United States. On the 16th, Claiborne communicated these facts offi- cially to the Legislature, and said : " The state of things here for some time past has been most unpleasant ; the judges are greatly^ dissatisfied, and there ai'e many per- sons who much censure the General, and also myself for not opposing his measures with force. There are others again, perhaps a majority of the inhabitants of the city, who applauded the measures pursued, and think them such as could alone insure the general safety. For my- self, I believe the General is actuated by a sincere dis- position to serve the b«8t interest of his country ; but his zeal, I lear, has carried him too far. . • "My apprehensions of Mr. Burr and his associates have, in a great measure, subsided; but the security I now feel may be attributed to the preparations which have been made here to meet danger. My impressions are strong that there are many dissatisfied persons in this city. There are a few citizens whom I believe to be unjustly implicated — others to whom a charge of im- prudence alone ought, probably in truth, to attach ; but there is good reason to suppose that some persons here (from whose standing in society a contrary course was expected) meditated much mischief. They, however, are now unable to produce any." ' On the 19th of tFanuary, the Governor sent to General Wilkinson a long communication, in which he submitted to him his plans to secure the complete protection of New Orleans.* " From the influence (tf the President's proclamation,^' he said, " and of the present friendly dw- * BxecutiTo Joiuraal, p. 6, vol. 8. ■# '1 ■.<.:■ " . 'ft. .j'f fJ-'v;. ■;. >'fi-'i.*^!l •v ' ' I-"* J ■•:.,'/•. •V ■^i•<;f■f .;•■; ^.' 4v- f*:' '.*.■.'■ ,►'■• ■.'»'f ;■" r|'-rv:-.„-.v:r i:f ^ . I ■ ■ . . l^"''i•\■' 176 SUSPICIOUS MOVEMINTS OF FOLOH. [1807. position toward the General Government of tlie people of Kentucky and Ohio, as manifested by some late pro- ceedings of their Legislatures, united with the prepara- tions for oftence and defence in this city, my impressions are that Colonel Burr will not descend the Mississippi in considerable force. . . . . .It seems to me that Colonel Burr, abandoning (from necessity) the idea of moving in force, may endeavor to introduce into this city and its vicinity (unobserved and as private ad- venturers) a number of partisans for the puipose of car- rying the place by surprise. In this event, the regula- tions herein proposed must prove salutary." . , • •••••••••• It is a remarkable fact that, at this critical conjuncture, Governor Folch, who had always been so inimical to the Americans, happened to arrive from Fensacola at the mouth of Bayou St. John, with foui* hundred men, osten- sibly on his way to 3a>totf Bouge, and wrote "to Clai- borne to obtain permission to proceed to New Orleans with the officers of his suite, and hence to continne his route to his place of destination. Claiborne replied :. " I am sorrj'' to oppose any obstacle to your Excellency's desires, but in the present state of affairs in this Territo- ry, and to avoid all causes for rumors which, although unfounded, may add to that agitation in the public mind which has been occasioned by the news, this mo- ment received, of the arrival of Burr and his associates in the Mississippi Territory', I am constrained to request that your Excellency would continue your voyage by water."f On the same day, Claiborne and Wilkinson wrote jointly to the acting Governor of the Territory of Missis- sippi, Oowles Meade, in these terms: " Ilnderstending * Ezecutiye Journal, p. 10, voL 8. 1807 that over citud he ffi frOTTi cessfi a A^ithl numei may n take ti a stric proceec On 1 their r had op to belie free thj must b( howeve; men wl found p that it Territor which ti themseh ^ apprt If they the Am< the right! late priv/ cumstanc \ 1807.] CLAIBORNE TO COWLE.^ MEADE. 177 that Aaron Burr has taken post within the Territory over which you preside, we cannot b«t express our soli- citude, lest his pretensions to innocence, and the arts which he may employ to delude wnd seduce our felknO'Citfizens from their duty to their country, may hn partially suc- cessful. We rely with confidence on » «}ff.v» exertions to the arch-conspirator, and havii»r dox^^y} ho, permit ns 'oat for your consideration tht axptidiency of plac- ir without delay on board one of our armed ves- iii lie river, with an order to the oficers to descend ^\ ith him to this city. Otherwise, if his followers are as numerous as they are represented to be, it is probable it may not be in your power to bring him to trial. We take this occasion to advise you confidentially to keep a strict eye upon the Spaniards. Governor Folcb is proceeding to Baton Rouge with four hundred men." On the 2 2d of January, the Legislative Council, in their response to the message by which the Governor had opened their session, said : '^ It is indeed difficult to believe that, in the bosom of a Government the most free that exists on earth, plots, the success of which must be fatal to liberty, shotild have been formed. If, however, it be true that the ambitious and depraved men who have conceived sudi criminal projects have found proselytes, the Legislative Council are convinced that it is not amongst the ancient inhabitants of this Territory, and that, notwithstanding the dissatisfaction which they once nlaniiested openly when they thought themselves aggrieved, there is no perfidy, no treason to be apprehended from them by the General Government. If they do not yet possess all the privileges enjoyed by the Jjnerican citizen, they already set so much value on the rights which have been granted to them, that i^eir late privation of those rights in the present stormy cir- cumstances have created among them the most serious 12 -1 '0 •'■■■- -:.■ ;t-v..i,\i ^ '■>?.*: : »••.•. * ^Tv '"'mM IMAGE EVALUATION TEST TARGET (MT-3) ^ 1.0 I 1.1 11.25 |4S HO ■ 22 lUUi. HiotDgraphic Sciences Ccffporalion ^ A"* s? <^ V ;\ >, >^^ 23 WBT MAM STRHT WIUTM,N.Y. t45IO ( 714) 171-4503 '^ k ^ .-o^ 3 'Ml:'* gtUfc* -■>■■■:■'• ■'<>i. ''it' •■■ ■».,"V ■"< t fl ' ■ ' ^ *■ . * ^ ■ . I. -• 't-C;r.»/:.^ ••■,S \.--^ 178 THE LEGISLATURE AKD WILKINSON. [180^. alarms." The Council thus alluded to the high-handed measures lately enforced by General Wilkinson, and to his arbitrary anest of citizens who were under the SBgis of those civil authorities which military power had at- tempted to supersede. A more marked tone of discon- tent pervaded the address which the House of Repre- sentatives sent to Claiborne on the 26th of the same month : ** With r^ard to the extraordinary meas- ures," they said, " which have taken place for some time past in this Tenitory, although your Excellency has not thought proper to reveal to the Legislature the reasons which have led to them, yet this House considers it as a sacred duty which they oWe to themselves and their tellow-citizens, fully to investigate those measures and the motives which have induced them, and to represent the same to the Congress of the United States." Claiborne thus commented on these two addi'esses in a communication to the Secretary of State:* ** You will perceive by these two documents that the Legislature partakes in a great measure of that agitation which at present pervades the public mind, and that, although the measures lately pursued here, with a view to the public safety, are not openly censured, yet they are not approved. We, however, are assured of the fidelity of the ancient Louisianians to the United States, and of their attachment to the General Government. For my- self, I believe that this declaration is correct so far as relates to a majority of the ancient Louisianians, and perhaps the whole^ so &r as to exempt them from all participation in Burros conspiracy, but of that portion af our society whose native langi;age is English, I cannot speak so favorably. Of the patriotism of many I have had abundant proofs; but there are others (and the * Executive JoomoJ, p. 19, Tol. 8. / »i is well 1807.] ABBEST OF AABOK BUBB. 179 number, I fear, is not inconsiderable) who, I verily be- lieve, woulcl most cordially have supported the vf.ew8 of Burr." In the mean time, the news reached Ke^ Orleans that Burr had been arrested at Natchez, and had given bond for his appearance before the Territorial Court at its next term. Claiborne expressed again on this occasion his apprehension that the issue of the trial would be "most unfortunate.'* He said:f " His acquittal will probably ensue, and this dangerous man will be left to continue (undisturbed) in this remote and exposed quar- ter his wicked intrigues against the Government of his country. I find that in Natchez also, as in this city, a considerable, hue and cry is raised about the violation of the Constitution of the United States. I am persuad- ed that many good citizens complain from the very best motives, and with full conviction that there is just cause ; but among thp most clamorous are men who, I have some reason to believe, would not regret a dismember- ment of the "Union, or withhold their aid in the subver- sioa of the Government and lawa These men, however, are now most prolfine in their professions of attachment to constitutional rights, and many good pec^le hang around them with the same aflfecticm as if the}' redQy possessed the merits of a Hampden or a Sydney." On the 10th of Februarv, Claiborne received a lettts* from John Graham, the Secretary of the Territory of Or- leans, written from Frankfort in Kentueky, in wMch he was informed that Blannerhasset (made immortal by a celebrated passage in Wirt^s speech on the trial of Aardti Burr), who had gone dowh the Ohio with about two hundred men and twenty boats, had proposed, in Sep- tember, 1806, to one of Graham's friends, in whose verao- * Tho histoiy of his Babeeqaent trial and acquittal at Biohmond in ""< I'rnnia is well known. ^•i! .\i.;V ,''.■. J 'Aw' \b[l^J-fiV;^^^ W fe-4-^>i!^' v!4•'' V::^v;;:v- ?^^!^^ .,1. ': ** ■■■ i\s^-. (i >■ "'■■i'"- .;-..;.r-- I'fcf''*.-'' r> f K LP V .»,.• r ■'■'»" ^ I|| ^% ■ • ■' • ■■-<> . " !' ■■• ".' * - ■ v.. • • ;jf^^;^''^ )-'\f^ ft- •'■' ik^i. ■'■■ '•' 180 CLAIBOENE ON THE PLANS OF BUEB. [1807. ity the fullest confidence was to be placed, to join him, Blannerhamet, and Colonel Burr, in a plan to bring about a dissolution of the Union, and that, after pointing out the adyantages which would result to leading men from thiB erection of a separate goverument on this side of the Alleghanies, and after observing that the pepple were ripe for such a measui'C, he had said that their' plan would be .0 go with an fumed force to New Orleans, to seize that place, and after getting the money in the banks, the military stores and IVench artillery which had been left there, to force the country into a separation from the Atlantic States by operating on its commerce* " My solemn belief is," wrote Claiborne to the Gov- ernor of the Territory of Mississippi, "that, the seizure of this city and her riches was the primaiy object of the conspirators, and the dismemberment of the Union the ultimate end of the leaders. I believe the horrible plot has been promoted by foreign influence ; that Spain has furnished Burr with his pecuniar}' means; that the agents of that power in our vicitiity were advised of his movements, and that the late events on the Sabine were intended to draw ^' " attention of our Government from the real point of ick The expedition to Mexico I believe to ha\e been suggested by the a/rok leader ^ with a view oi covering the real design, and inducing men (whose hfc>arts would have revolted at the idea of arming against their country) to receive his orders. You will have seen by the Kentucky pap^is a disclosure of the project of th« Spanish Court, in 1797, to sever the Western from the Atlantic States, and thl meains which were proposed to efkct it. In 1797, the Spanish Court d^ired to narrow the Western limits of the United States ; in 1807, her object is the same ; and to accom- * Executire Journal, p. 28, vol. 3. * 780 plis divi tl cons tog also neig] Aj to tl consi) oftht ed th< had tl sion o to con that tl ishmei will d( pointec eubgiz subject good « under i ion oft to the i Spanisl vised tl Rouge pr^ wei cannon, I njently hadBt km- 1807.] CLAIBORNE ATTD THE HABEAS CORPUS. 181 plisb it, she endeavors to excite among us intestine divisions." "* "Under these impressions," continued he, "I do not consider the danger as passed ; and while it becomes us to guard against the tots of domestic traitors, we should also watch with care the movements of our Spanish neighbors."* Apprehending such dangers, Claiborne sent a message to the Territorial Legislature, recommending to their consideration the expediency of suspending the privilege, of the writ of Habeas Corpus. He immediately inform- ed the Secretary of State, at Washington, of the step he had taken, and said to him :f " If I can acquire posses- sion of Burr, Blannerhasset, or lyier, I shall tak#meaB» to convey them to the City of Washington, for it is there that those great offenders will probably meet the pun* ishment they deserve. The trial of Burr at Natchez will determine in his acquittal, and I shall be disap* pointed if (as was the case in Kentucky) the jury do not eulogize his conduct." Ten days later, returning to the subject, he wrote to the same ftinctionary : J "I have good reason to believe that Irujo, the Spanish Minister^ under an impression that Burr's sole object wsi a divis* ion of the American Union, M give omntenmce and aid to the traitor. I am told by a person attached to the Spanish service that Irujo, early in the last year, ad* vised the Governors of ^Havana, Pensacola atid Baton Rouge of the designs of Burr, and that Fcdch and Grand* pr^ were advised to place at tiro disposition of Burr suck cannon, muskets, and ammunition as they could conv» niently spare. My informer gives it as his opinion that^^ had Burr appeared before Baton Boitge three weeks agp, * EzecntiTe Journal, p. 24, vol. 8. 4 BiZeeatiTo Joomal, p. S((. I Bxecttfire Jonnial, p. t7. anied by a few sailors, entered the phmter's indosure, and released by force his slftva The effect produced in the community by such an act may easUy be Bii]^x>sed^ and the public efferves- >^^' * Ezecathre Journal, p. 4f, toL 8. 1801 ceno atelj peoj] ly su ofju Ne ofqu tion. whol New( withl commi Territt ofgroi comma parativ pied as and the of the howeve his claii Court possessi ingston "diggin part of citizens off. Ol the land] of ownt These ej sence of [ was on t| iQ a grea claimed ••J "'f^ 'Wi 1807.] EDWABD LIVINGSTON AUD THE BATTURE. 185 cenoe could, at first, ha^y he kept down, but fortun- ately, the appeals made to the sober judgment of the people prevailed against passion, and the case was calm- ly submitted to the investigation and decision of a court of justice. New Orleans, in those days, was never long in a state of quietude, and it was soon again thrown into commo- tion. Edward Livingston, a native of New York, a man who had speedily risen to be at the head of the bar of New Orleans, and whose acknowledged talents, coupled with his supposed rapacity, gave great uneasiness to the community at the time, early after his airival in the Territory had become concerned in the purchase of a parcel of ground fronting the upper suburb of New Orleans, and commonly called the JBtU^re — a piece of land of com- paratively recent alluvial formation. It had been occu- pied as a common by the city for many years previous, and the title which the city had to it was, in the opinion of the inhabitants, unquestionable. It had happened, however, that Livingston had prosecuted with success his claim, and, in pursuance of a decree of the Superior Court of the Territory, the f l^atilf had been put in possession by the sheriff. A ie\~ days afterwards, Liv- ingston employed a number oS negroes to commence the " digging of a canal " which he projected to make in a part> of the l&nd decreed to hun by the courts but the citizens assembled in considerable ibroe and drove him off. On the day following, Livingston went again to the land in question with a view of exercising his rights of ownership^ but was again opposed by the citizens. These events had taken place during a temporary ab- sence of Claiborne from tlie oity. On his retam, which was on the 1st of September, he Ibnnd the public mind in a great state of agitation. Livingston immediately claimed the Governor's interference in his favor, and the V 186 CLAIBORNE AND TIIE BATTURE. [1807. 180; "mm TV ■- .? * City Council, on the otber hand, passed a Resolution re- questing that functionai'y to lose no time in taking measures to prosecute the claim of the United Btates to the Battur€f which was considered by the Council as indisputable. ** I must confess," wrote Claiborne to the Secretary of State, on the 8d of September,* " that I feel much em- barrassed what course to pursue. The opposition on the part of the people to a decision of the court is in itself so improper, and ftimishes a precedent so dangerous to good order, that it cannot be countenanced. But the opposition on the present occasion is so general, that [ feel myself compelled to resort to measures the most con- ciliatory, as the only means of avoiding still greater tumult, and, perhaps, bloodshed. For myself, I have supposed that the court was in error in awarding the property in question to the plaintiff. My opinion is, that the title is in the United States, but the court, probably, are better acquainted than myself with the merits of the case. Mr. Brown, the attorney for the United States, was one of Mr. Liv^ingston's counsel in the cause, and may feel a delicacy in prosecuting the claim of the United States, but, under existing circum- stances, I have esteemed it my duty to urge his doing so. w " The assembly of the people on the BcMwre was un- lawful, and the opposition to Mr. Livingston and his negroes may be considered as a riot— an offense properly cognizable by our courts, and as they are open, T see no real necessity for Executive interference, unless, indeed, I should think proper to issue a proclamation advising the peopleto desist from frirther opposition to Mr. Liv- ingston's claim, and warning tbem of the consequences . < v^^:* ' * llxe(nithre Journal, pBge 108, Tol. 8, '' 'r r^iiE^* — a asy that not 1 "I Jarly 1807.] RIOTS ABOUT THK BATTDRE CLAIM. 187 i' fees — a measure much desired by the claimant — but I have as yet declined doing so for several reasons, one of which is, it might make an impression in the United States that the people were disposed for insurrection, which is not true. :. '^In my next letter I will acquaint you more particu- larly with the merits of the Batture case. It is indeed a question highly intereuting to the inhabitants of this city. From it (the batture) has been taken all the earth for constructing the Zevee that protects New Or- leans from the inundations of the river. It has also furnished the earth used in public and private buildings and for improving the streets." " In high water the Batture is entirely covered. K reclaimed, it is feared the current of the Mississippi will in some measure change its course, which will not only prove i];guriou8 to the navigation, but may occasion depredations on the levees of the city, or those in its vicinity." In the meantime Livingston had instituted civil actions against the most prominent citizens who had opposed his taking possession of the Batture. But still the people retained that possession, and, on the 16th of September, the Governor went in person to persuade the mout of the course which they were pursmng. At noon of that day, ten or twelve white laborers, employed by li^vingston who seemed determined not to shrink before o&y exhibi- tion of popular fury, began to work on the Batture. At 4 o'clock, the sound of a drum was heard in the streets, the excited citizens rushed out of their houses, and col- lected to the nmnba? of several hundred, moat of them })eing na^ves of Louisiana, or Franee. Beii^ early ad- vised by the aherilt of the assemblage of the people, and in consequence of the sheriff's apprehension that the pub- lic peace would be greatly disturbed, the Governor re- %• ■¥■■ ':f>i-\^ ' -^ •■■„ ' :M^ 'K .♦I' ■ t 188 CLAIBOUNE AMD TIIE illOTEBS. [1807. • •••i; If!;. A'A»..- ■:-■: I". ' • • V -i^^i.;:- ' • ■ '. V » ' * -'•*» [y'f \ paired to the spot, and addressed the multitude in theHe words : '* Permit me, fellow-citizenkt, to claim your at* tention, and, as your governor and your friend, to submit to your consideration a few observations : " Whatever may be the redress desired, believe me, the mode you h«ve adopted is improper. It cannot possibly avail you, and, if you persist in it, will injiu^ yourselves and your cause. '^ It is the duty of us all to yield submission to the laws. The Superior Court of this Territory has i»ro' nounced this Batture to be the property of Mr. John Gravier, and he, Mr. Livingston, (who claims under Gra- vier) has been put peaceably in possession thereof by the sheriff. The Supreme Court derives its authority from the government of the United States, and its de- creea must thm'efore be obeyed. '^ It is no less my duty than sincere desire to promote, by all the means in my power, the interests of my fel» low-citizens. To the President of the United States who expects from me a faithfid relation of whatever concerns the welfare of this Territory, I have already transmitted such information as I could obtain relative to the con* flicting claims to the Batture, nor will I omit laying be* fore him such further representations on the subject as may be furnished me. The decision of the Suproue Court is for the present conclusive ; it does not preclude (in my ojHiiion) all farther inquiry as to the right of property to the Batture. But such inquiry must be commenced and conducted m submission to the Govern' meat and conibrmably to the laws. ^* I have come among you eii^^ly and wiiii confidence. I look to yourselves for support ; we must all aid in the preservation of good order. I am persuaded that no individual in this assembly cottld wish to rdise his arm against the Government, and when, fellow-citizens, your M 1807.] PBOOEEDI50S 07 THE BIOTEBS. 189 Chief Magistrate unites to a command an earnest en- treaty that you should forthwith retire in peace to your respective homes, no one, I am certain, will be found in opposition."* The Governor was received and heard with respectful attention. After this discourse, Colonel Macarty, who stood near him, proceeded to state the serious uneasiness which the decision of the Court had excited ; the long and undisturbed possession of the Batture by the city, as well under the IVench as the Spanish Qovemment ; and the great injury which wOwJd result to the inhabitants if the land should be built upon and improved/' The Governor replied " that the deoiaion of the Court could not be controlled by him, that its authority was nanc- tioned by the Government, and that its decrees must not be opposed by the people.'' A person in the crowd ob- served, '^ And in the mean time no work must be done on the Batture." Many voices exclaimed, *' That is the general wish." Claibcone took the occasion to observe, ^' That the American Government was wise and just — that it was a government of laws and not of men~~that the laws reigned and the oitizeus must be subservient thereto— that he was ready and desirous to transmit to the Government such representations as should be fur- nished him relative to the conflicting claims to the Bat- tore." Colonel Belleohasse, another influential man, who also stood near Claiborne, stated in a concise manner his reasons for believing the Batture to be the property of the public. He expressed his readiness to go to Penssr cola in search of documents to prove that the Batture had always been considered by the Spanish Government asSpaoish^roperty — a&dadccidwhetiiartlttGovemorhad any objection to the peo|^ nominatiiig att agent to carry ,4, , ,,j, , , , ^^ : • Btfioutlve Jounal, vol. 8, page US. '■.i. f , •S. !*5- t' zV liJnM mM< Mi ■ M ■m& •'-•v.'* 1*1 •;<.,■..:,; Ail' ''<.V. fje,' . '■*»• .5. ' *v ■■■• ; '■'< 190 GOVERNOR CLAIBOENE ON THE JUDIOIAEY. [1807. to the President of the United States a statement of their grievances. " None," answered the Governor, " provided the representation should be respectful.*' " Will you re- commend our agent to the President ?" was the immediate inquiry. Claiborne assured the crowd that he would, provided the agent should be a man of respectability, and Colonel Macarty was then chosen by universal ac- clamation. It being now understood that the whole management of the affair was left to Colonel Macarty, the citizens withdrew in peace to their respective homes. Claiborne, in relation to this popular excitement, dur* ing which he had behaved with commendable forbear- ance and judgment, addressed these reflections to Mr. Madison, the Secretary of State : ** It is deemed a mis- fortune that the Superior Court of the Territory should be a court of dernier resort. T wish not to reflect upon ourTerritorialJudges. But I do think that the citizens can justly claim of Congress provision for appeals, in certain cases, from the Court of this Territory to the Supreme Court of the United States, or if this be con- sidered improper, that a High Court of Appeals, with official powers for this and the adjoining Territory, be created by law. In these two' Territories suits of immense importance are frequently brought, involving many intricate questions of law, and in the determina- tion of which all Judges may sometimes err." But whilst the case was pending before the Federal Govern^' ment, Livingston had quietly taken possession of the Batture, and in the month of November was making improvements on it. In the month of December, war rumors became current in New Orleans, and a collision was daily expected be- tween the United Stated and England, on the questions of impressment of sailors, the right of search, and the protection claimed to be afforded by the American flag 180 tot to J istn and as >; even rawi D, prero tive, 8eem< Secrei judici idenc( and t( Territi obedie measu] standii opinioi The in< mteresi been m meat. On the Sec here in the moT • hither, T^e shall the wint New Or CJaibom H: M 1807.1 CLAIBOBNE ON THE JUDIdABY. 1»1 to those ye&je]s wHch sailed under it. Claiborne wrote to Madison, strongly approving the course of the admin- istration in resisting the pretensions of Great Britain, and said : ^' I consider the Louisianians very generally as being well affected to the Government, but, in the event of an English war, they will with enthusiasm rally vowid our standard." During this year, daibome, in the exercise of certain prerogatives which he thought belonged to the Execu- tive, had come into conflict with the judiciary. He seemed to have felt it keenly, and thus addressed the Secretary of State : " In cases of collision between the judiciary and the Executive, where the former shall ev*- idence a manifest disposition to embarrass the Executive, and to prevent the execution of a law enacted by the Territorial Legislature, must the Executive yield implicit obedience to the judiciary, or is he authorizud to take measures to carry (the opinion of the judges notwith- standing) the will of the Legislature into effect ? Your opinion, sir, on this subject will be thankfully received." 'Die inquiry was a curious one, and it would have been interesting to see the answer of Madison, but it has not been my good fortune to lay my hands on that docu- ment. On the 29th of December, 180t, Claiborne wrote to the Secretary of State: "General Moreau is expected here in a few day«. For myself I attach no suspicion to the movements of t|iat great but unfortunate man, etc., General Dayton is on his way hither, and BoUman is said to be near t^ city. I fear we shall have * so many choice spirits* aniong us during the winter, that it will be found expedient to order to New Orleans a greater number of isegular troops." « 1808. On the meeting of the Teriitorial Legislature, Claiborne, on the 18th of January, said to them in the n f :'..■■ •.•M r ■.■■ 'it ,M ■■- ! .^:V.^■■;f?^ 192 THE PBESIDENT A^^D THE BATTUBE. I 'if ;'T-' «.■• , ■* > ' ; ■ ■:s<' 1 1.» ' • [1808. I it* ■'■'■ ■ . ' .', • annual Executive Message with whicli tBe sessions of such bodies ai^ generally opened : " A University has been established by law, but is left to the precarious support of private bounty. In behalf of so valuable an institution^ the liberality of the citizens was with confi- dence appealed to, but Tvithout the smallest success.'^ He advised the Legislature to provide for this neglect, and he recommended also the establishing of one or more free schools in each parish, under the direction of a board of trusteea* On the 24th (January), Claiborne received a (Commu- nication from the President of the United States in rela- tion to the Batture, which was taken possession of, in obedience to received instructions, by the Marshal of the United States. Many of the Americans, among whom Livingston had many partisans, affected to cen- sure seveuely the orders of the Federtd Execaitive, but the Louisianians, on the contrary, were much gratified, askd the Legislature passed a vote of thanks to the Pres- ident. The Batture became a source of an endless and protean litigatitm which occupies a conspicuous place in the annals of our jurisprudence. From the beginning of the organization of the Terri- torial Government the Louisianians had been restive under the obligation of paying taxes to which they were not accustomed, and the Legislative Council, addressing Claiborne on his late niessage, made these observati9ns : *' The Oouncil has learned with pleasure that the actual impositions are more than sulScient to defray the public expenses. Tljy^ people of Louisiana, formerly accustomed to pay none apparently, felt the establishment of taxes as a great hu^ship, aud would probably Bee the aug- mentation of them with conea^n.'^ * Exeeuthre Jouaai, p. 181, vat. 3. 180{ ■ c Kiel stru( ' oft] on a] joins Thei jurisj part courts firesid arise i than a rest of to resi accusto popular Territo; grant c] to the countri< cordant mutual tend. other- istration ceived a portance even the hand, wi so on tht when yoi their wis 1808.] olaiboene's instructions to a judge. 193 On appointing one of his own kinsmen to office, Major Richard Claiborne, the Governor sent him written in- stractions which do equal credit to the mind and heart of their aulhor.* " You are about entering" said he, on an arduous task. The duties which your office en- joins require reflection and attention rather than labor. The members of a community are more concerned in the jurisprudence of a country than perhaps in any other part of the Government. The liusiness transacted in courts of justice comes home to every man's feelings and/ fireside, and the petty contests and domestic broils which arise in a village or neighborhood excite more interest than all the differences of whatever kind in which the rest of the world may be engaged. . . ^ " Recollect that the people among whom you are going to reside differ from those with whom you have been accustomed to associate — differ from each other. The population of that, as well as of every other, part of this Territory, is composed of Creoles, Europeans and emi- grant citizens of the United States, all of them adhering to the peculiar prejudices acquired in their respective countries. Perhaps among materials so jarring and dis- cordant it may be difficult to preserve harmony and mutual good-will. But to this end all your efforts must tend. Exert yourself to render them satisfied with each other — satisfied with yourself. Mildness in the admin- istration of the laws, a general acquiescence in their re- ceived and usual habitiit, are of the most essential im- portance. Where principle is not concerned, indulge even their follies and prejudices. As this, on the one hand, will exempt you from a charge of fastidiousness, so on tho other, it will insure respect and consideration, when you shall find it necessaiy to act in opposition to their wishes. * EzeentiTe Jonmal, p. 186, toI. 8» 13 It ' :<'ji *:^; SI m m K-^'s. .♦»■ 194 DEMOLITION OF FORT ST. LOUIS. [1808. lib-:'' ^'■■•t.t'jLj. '^ In deciding upon tlie rights and liberties of the citi- zens, let your conduct be marked with deliberation and iirmness, eradicate from your bosom, as fai^as the falli- bility of our nature will allow, those passii>ns and pre- possessions often unjust in private life, but always fraoghtwitl. ruin and miseor when inlluencii^ our pX lie acts. Cultivate a general acquaintance with the peo- ple, instruct them in the principles of our Constitution and inculcate an attachment to the Union. Be yourself on your guard, and warn them against the designs of base men who pervade the Territory in all directions, poisoning the community with false and malignant state- ments, and industriously fomenting distrust and dissat- isfaction toward the American Government." j In the month of March, the City Council requested the Governor to consent to the demolishing of Fort St. Louis and the filling up of the trenches surrounding it, *'inasniuch as it impeded the communication between the town and the suburb St. Mary, and the^ trenches were receptacles of stagnant water and of all manner of filth which engender diseaj^e — ^and the further request was that the materials of said fort be left; at the disposal of the Council for the use of the city." Claiborne 'con- sented to the first part of the request, but ordered that the materials of the demolished fort be lefb at the dispo- sal of the military agent of the United States who would elnploy them elsewhere for public uses.* Claiborne informed the Secretary of State, on the 14th of March, that the Legislature of the Territor}' was still in session, but that " they luad done little, and were not likely to do more;" that New Orleans, the seat of fac- tion and intrigue, was illy calculated for the residence of the legislative body, and that a '^ resolution" had passed * Bxecatitre Jonmalfp. 181, V(d. 8. 1808 the: ernn hunc meas Oi havii in th( menti had 1 distiij points Claibc magisi the la confln( civiliai citizeni the ai( uncertf remedi His qui^fi^ toykli bie the! Stat^ be piirg lawtfwi Oottsi United' molt tl enti*«Bee the sab War, " t <• > -pi-y.. 1808.] ,^' DIGEST 6P civil LAW. 195 the Hotise of Representattves to remove the seat of gov- ornment to a little village on the Mintimii^pi, About one hundred miles above^tne cky, but that he feared the measure would no1r*t)e approived by the Oooncil. On the 81st of March the Legislature adjourned, after having adopted a Digest of the civil kwtfthen in force in the Territory of Orleans, with alterations and amend- ments adapted to the pi^sent foi»m of Government. It had been prepared by Moreau lAiiet and Brown, two distinguished members of the bar, who had been ap- pointed, in 1805, to that effect. "This trork," wrote Claibome to Madisbn, " will be of infinite service to the magistrates and thd citizesis. Herdiofore a knolrledge of the laws by which Wfe Weile governed was extremely confined. The hiwyefs who avowed themselves to be civilians told the judges what the law was, and the citizens, in the most commt)n transactions of life, needed the aid of counsel; but this state of insecurity and uncertainty wUl, for the f itture^ bd i^ & great measure remedied." • v« „ His approbation, hc»wev#, vms ftu* ftom being un- quaUSed, for he added r^I me mtfeh to admire m the' Oivii LmJD \* bnt there are some piinet{fkB whieh ought i to yield to (lie Oommonf Law doctrine. Bideedit has been ^ with me a favorite pblloy to assimilate as much as poesi' ' ble the laws and usages of this Terrftotyt© those of the* States generally, b>nt t^# woric o#n8 to 'pi^otect the entrance of'^e Missls^li^i, and consulted Okibome on the sabject. ^ Calculate," iMiid he to the Secretary of War, *' the expense^cf a simihMr W9rk in any State of the s M^^^ ttf, * ' ■ MA ; ,, im •-''*. :,•> •*! ti^*t?l>v .V- ■•■■',"' 1 14 . 1 I*. , ■• il*i ■■■■ J. " ' •■ ;<>■;•■ 196 CIRCULAE TO BCILITIA OFFICERS. [1806. Union, and then make an addition of fifty per cent., and you will fall far short of the real expenditure at Plaque- mine. A work at the English Turn is desirable. The Fort at Plaqnemine may, with a leading breeze and un-s der cover of the night, be passed. But, under no cir- cumstances, could a vessel evade a battery at the £ng*i lishTum." 4^ By this time the celebrated " embargo measure," adopter ed by the United States in consequence of their ibreigai' unfriendly relations, was in ^11 operation, and Claiborne, in addressing the I^esident of the United States oA that subject, said : " The provisions of the new Embargo Act are calculated to give efficacy to a measui'e the most dignified and the most salutary which, under existing circumstances, could have been resorted to, for, as you have well observed, in repljHuig to the Columbian Order of New York : TikenB can be no qtiestion in a mind truly American, whether it is best to send ow citieens and propertff into certain captimty and wage wa/r for their i recovery, or to keep them at horned The militia of the Territopy had relapsed into a state of greftt inactivity and indifference, which was particu*4 larly to be regretted at a time of apprehended coUisions vrith foreign nations. To rouse the Lonisianians from their apathy and revive their military ardor, Claiborne bethought himself of sending a circular to all the officers who were in command of regiments. It was a spirited address, and invited all those who were subject to militia duty, to r^Miir with pleasure and promptitude to the field of ^serdse, " for," said he, "' without some previous military discipline alud knowledge of tactics, a band of citizen-soldiers, however courageous «id patri- otic, are illy calculated to combat with sneeess veteran armies. This Territory, from its peculiar local situa^ tion, is eicposed on all sides to perilous casualties, and in 180 the wit] of c ahly lantj beh€ In Orlei anxie betw( and I Levee severe life an had b coverii even d be in t' city a < At on< alanuii] Was in sisaippi lars sen bad ha} been on returnee Secretar he, « we us, and doned ii *he part Amoagi 1808.] RIOTS AND DISTUBBAN0E8. 197 mv^'ff^: the first moments of danger, whetbm within, or without, we must depend upon ourselves for the means of defence. Adequate succor would most unquestion- ably be pron^)tly afforded from the WeLdfBni and At- lantic States, but, in our remote and isolated position, it behooves us to be prepared to resist the first onset." In the b^inning of August, there were again in New Orleans several riots and disturbances which gave some anxiety to Claiborne. They consisted in serious afl^ys between the American sailors and the French, Spaniards and Italians of the same class. They appeared on the Levee in battle aivay, and had skirmishes which were severe, and in which considerable damage was done to life and limb. Many supposed that the ibreign sailors had been stimulated to this quarrel with a view of covering a more dangerous conspiracy. The Mayor even designated to the Governor a person supposed to be in the pay of a foreign government, who had in the city a oomplett; company of men ready to obey his orders. At one time the situation of the city became really alarming,* and Claiborne wrote to Colonel Sparks, who was in command of the United ^tes troops in the Mis* sissippi Territory, to. have additional companies of regu- lars sent down to !£^ew Orleans. These disturbances' had happened during the absence of Claiborne, who had ' been on a visit to the County of Opclousas. He speedily returned, and, on the 31st rf Augui^ he wro^ to tli# - Secretary of State that the city was quiet, '^buV' Mid». he, '^ we have, however, to lament the residence amon^- us, and particularly in this oit^jr, of a xmmber of aban->3 doned individuals who render the greatest vigilanoe on ^^ the part of the pdice essential to t^ j general safety. ^^ Among those individuals are many persons who have S.' ■■'■ ■■.'■J. ■ .•!? Cft .•?»':■, > m ■ HSi m ■'■Mi'. a. i n^S!">>vlV';-'' ^"•.■■■ 'Cj. )!• tji'A':,;.; ,.'..''.f;' „ In. ' L ■■',■ •■•■ ••«■*•,'■;• 1 i . .>:^f.^; -.-••«;•, ".•f--; [I '^^ >> •.* ■• . .' * ■•» l«yt''i ■■<' ' " '• ' ft V*- fyi. •!» ■ •■--'»'■, ■ 198 CLAIB0£3fJC OIT TUB OITIL LAW. [1808. destu*ted the servicti'of Spfun, or fled from the punish- ment wkksh awaited their crimes." The '' Digest of the Civil Laws" having at last been printed andit^being ready for delivery, Claiborne sent a copy of it to every Paiish Jndge, with this circular, dated on the 22d of October :* *^ Previous to tho receipt of this letter, there jwill have been delivered to you a copy of the ' l!>igest4)f -ths Civil Laws.* It being under- stoq^ by our courtis of justice that the principles of the civil law (except in tsrimiual cases) were in force through- out the Territory, it became expedient to place them before the public. Heretofore, few citizens had a knowl- edge of the civil law. It was spread over innumerable volumes^ and was for the most, part wiitteu in a language which few could read. The uncertainty of the law was a source of great embarrassment, not only to private in- dividuals) but to the magistrate who was to administer it. By the adoption of the digest one desirable object is at least effected The laws are rendered more certain, and, if in their operation they ^ould be found ui^ust, the Legislature will, I am persuaded, lose no time in making the necessary amendments. , ^ Indispensable as (under existing circumstances) has been the adoption *of the 'Digest/ it will, nevertheless, (£»#uspect) be much censured by many native citiir.enH of >the United States who reside in the Territory. From piinciple and habit they are attached to that system of jiurisprudjei^e prevailiBg in the several States under wbidii themselves and their fathers were reared. For n^self, I am free to declaire the pleasure it would give m^tit see the laws of Orleans assimilated to those of the States generally, not only from a conviction that such laws are fctt' the most port wise itnd just, but from the * EzMutitil Jotuaal, p. 806, toL 8. ciples 1808.] CLAIBORNE ON THE OITIL LAW. 199 opinion I entertain that in a country where a unity of government and interests exists, it is highly denrable to introduoe throughout the same laws and customs. We ought to recollect, however, the peculiar oircumstances in which Louisiana is placed, nor ought we to be un- mindful of the reipcet due the sentiments and wishes of the ancient Louisianians who compose so gn at a propor- tion of the population. Educated in a belief of the ex- cellencies of the civil law, the Louisianians have hitherto been unwilling to part with them, and, while we feel ourselves the force of habit and prejudice, we should not be surprised at the attachment which the old inhabi- tants manifest for many of their former customs and local institutions. The general introduction, therefore, into this Territory of the American laws must be the effect of time } the work of innovation must progreei slowly and cautiously, or otherwise much inconvenience will ensue, and serious discontents will arse among a people who hav« the strongest claims iipoc ihe justice and the liberality olphe American Government. ' > "I fear you will continue to experience difficulty in the faithful discharge of your official duties. The aver- sion of the andent Lcmibianians to ovo" courts of justice, and particulaiiy theip» dislike of laivyers, 1^ mut^ual jeakntsy hetw%eA ihe Freaoh and American population, togeth^ with tiie> great diedike of the latter ta the prin- ciples of the civil law (which will for the present be your guidie) eannoi ^ul' to rwider your situatioi unpleasant. But I must pray yon to persevere in your honest «id- deavori to render the €bvemment oooqatable to the peoplef 'And to administer ^ laws with justice' and in n mercy hi relation to the adoption of the^^* Digest of Lawf' by the Territorial Legislature, Judge Martin, whose opinion on the subject is entitled to so much authority, remarks ■v'V ■ ■ . .'ii '."^4. ^>- •'.■■•) I >\, S ' I ."feu r ■ h.-^. ■'•,.-•: ;''-^;. ,V' ■■••H ■,>'.■! •", '.•;■/ - ., t.' «« * . '- - * f *#• ,"•. ' ii'-:r ',.*■••■ ■■. ■ r- 200 REFLEOnOWS ON THE OIVIL LAW. [1808. in his History of Louisiana i* " Although the Napoleon Code was promulgated in 1804, no copy of it had as yet reached New Orleans ; and Moreau lidet and Brown availed theo^ielves of the project of that work, the ar* rangement of which they adopted, and, mukitui mviamdu^ literally transcribed a considerable portion of it. Their conduct was certainly praiseworthy ; for, although the project is necessarily much more imperfect than the code, it was far superior to anything that any two individuals could have produced early enough to answer the expec- tations of those who employed them. Their labor would have been much more benefieial to the people than it has proved, if the Legislatuie to whom it was submitted had given it their sanction as a system, in- tended to stand by itself, and be construed by its own context, by repealing all former laws on matters acted upon in this Digest. "• Anterior laws were repealed so far only as tSiey were contrary to, or irreconcilable with, any of the provisions of the new. This would have been the ca||||» if it had not been expressed. *' In practice, the work was used as an incomplete di* gest of existing statutes which still retained their em^ pii-e ; and their exceptions and modifications were held to affect several clauses by which former principles were absolutely stated. Thus the people found a decoy in what was held out as a beacon. ''The Fuero Yi^o, Fu^ro Jusgo, Portidos, Recopila> clones, Leyes de las Indiaa, Autos aiocordados and Royal Schedules remained parts of the written law of the Ter- ritoiy^ when not repealed espfesaly, or by a neoesaavy implication. '' Of these musty laws the copies were extr^ndy sore. • Miurtin'B HlitMj of LooblMM, p. Ml, vol. S. I i8oe A o one, intl •»■'': suite tatoj the! Poth "C the J trona] necee^ caseM the ji indulg gollerj ed, an( their o All W€ the ar| they fiJ could." MLiln tl Couple so divi Americ that His ap] trony h icons, 01 borne oi LouisioB borne one of "As rel re. 18Q8.] PBOOEEDnrOS IN OOUBTB. A complete oolleotion of them was in the hands of no one, and of very many of them, not a single copy existed in the province. ^*To explain them, Spanish oommentators were con* suited, and the corpus juris dvilis and its own common* tatora were resorted to ; and to eke out any deficiency, the lawyers who came from France or Hispaniola, read Pothier, D'Aguesseau, Dumoulin, etc. << Courts of Justice were lornished with interpreters of the French, Spanish and English languages. These translated the evidence and the charge of the court when necessary, but not the arguments of the counsel. The case was often opened in the English language, and then the jurymen who did not understand the counsel were indulged with leave to withdraw from the box into the gallery. The defence being in French, they were recall* ed, and the indulgence shown to them was enjoyed by their companions who were strangers to that language. All went together into the jury-room — each contending the argument he had listened to was conclusive, and they finally agreed on a verdict in the best manner they could," ■nr' ^ ' ^'""* »'* In the month of November, the oommunily^of Pointe Couple, an important settlement, had gradually become so divided into parties, and the jealousy between the American and Creole population had become so mtense, that Claiborne endeavored to allay the excitementi^ His appointment, as sheriff, of an individual named Pe* trony had been a cause of great diseontent to the AmeM icans, or rather to the >' modem Louisianians,*' as Clai«^ borne called them in contnidistiBotion to the '^ ancient LouisianianSb" In the hope of restormg harmony, Clai- borne wrote in the fcdlowing strain to Charles Morgan, one of the most pNminent citizens of Pointe Couple : " As relates to the Sheriff, Mr. Petrony, I can only s*y mm f.*i:» / 202 AVKR6I0N TO MILITIA DUTY. fl808. that he oamc well recommended to me, as a man o. aon- esty, probity and good demeanor. The circumstance of his not having been born * an American* it not consid- ered an objection to him. I certainly feel for my coun- trymen, the native citizens of the United Htates, a sincere and ardent attachment, nor is it possible for me, in any situation, or under any circumstances, to be nigust to- ward them. But, in my official character, I can ac- knowledge no other distinction between the inhabitants of the Territory who, by birth, or the treaty of cession, are entitled to the rights of citizenship, than personal merit. In making appointments, therefcn'e, I have been desirous to select the most worthy and the most capable, keeping in view the expediency of dividing the offices as near as may he between the ancient and modem Louisi- anians, as one means of lessening the existing jealousy and distnist between these two descriptions of citizens." This occurrence shows a state of feeling which was almost universal in the Territory. £(0 nno dvsce omnes. A quota of militia having been required of the Terri- tory by the President of the United States, which were preparing for an anticipated war, Claiborne wrote to the Secretary of State on the 29tth of December: ^I hope and believe that the number called for may be obtained by voluntaiy enlistment; but I nevertheless perceive a reluctance on the ocoasioB, which mortifies me exceed- ingly. It arises, on the part of the Creoles, ftx>m an ap- prehension that they may probably bo ordered out oi the Territory, and' on the part of the native Americans, from a fear leet they may be placed under the command of officers of the regular army ; fOid tb^de impressions are much encouraged by the opinions and discourse of a wretched, dis<$ontented £M!tion (composed principally of the partisans of Burr) /which bas so long infested thip Territory.'' '.''■I'r'.'V I '. 1808.] NEGROES RUNNII^O AWAT TO TEXAS. 203 Ever 8iiir< the cesHiou of Louisiana to the United States, grout lostieg had been exporieuoed by the iuha>> itaij tfl of thoHe parts of the Territory which bordered ou Spanish possessions, and principally on Texas, in conse- quence of the frequent flight of negroes who ran away from their masters, and resorted to the protection of a foreign flag, under which they were induced to believe that Iheir condition would be improved. This had given rise, ever}' year, to a long correspondenoe between Clai- borne and the Spanish Governors, but no satistactor}- result had been obtained, so that the discontent in Lou- isiana grew every day greater as to this state of things, and, on the 14th of December, Doctor Sibley, of Natchito- ches, wr te to Governor Claiborne : " Nothing important baa occurred here lately aiuoe tho desertion of about thirty ne^jpoes ; things cannot long remaiu in this state ; it would be better (the people say) for them to be undei- the Government of Spain than thus situated. How long their allegiauoe to our Govenuaent will remain without protection, I know not. Th» negroes were furnished with Spanish oookadee at Naoogdoohei, a dance given them, and since they have been ouirched off to the Trin- ity Biver, singing 'Long li^e Ferdinand the Seventh.' Mu ■«■ ) ; ;• « ,>mi ■ii % ■h Ai •r, M i. ■ * >\ ' > a ■'i,.' ■ 7# |4 ^1J «2 I* '1^ IPS \W''-- 1 # H lfe?fe: U.'^ i.ik,^nSy. m CHAPTER V. Claiborne's admintstration — arrival ofmaxt emigrants from bt. domingo —- terrible epidemic among the u. 8. troops — fort baton rouge taken by insurgents — the state op west florida — negroes smuggled into louislina — annexation of west florida to the united states. ''^' 180&— 1810. «^ ...^,, l«^.:\:K a-ft'!! *: ^ . . ^ ^i'- , 'n. . f ', V -:•: si},, -■^;' •I 7'^<.r As time progressed and the prospect of war increased, Claiborne became more anxious about the organization of the militia, and, in a communication sent to the Secre- tary of State on the 1st of January, he expi:essed his views on the subject as follows : " The militia here is an inefficient force. Mv best and inc^sant exertions to introduce order and discipline have been attended with but little success. They are, moreover, badly armed, and, indeed, in case of an attack, the negroes are so numerous in the settlements on the Mississippi, that it might be dangerous to draw a considerable detachment of militia to any one point. I have no reason to believe ^at the great body of the people of the Territory are otherwise than friendly to the American Government. I do fear, however, that unless supported by a strong regular force, they would not, in case of attack, manifest that patriotic ardor in defence of the country which is essential to its preservation. You are not uninformed of the very hete- rogeneous mass of which the society in New Orleans is composed. England has her partisans ; Ferdinand the Seventh some faithful subjects ; Bonaparte his admirers j (204) $ 1809.] » CLAIBORKl! OK PUBLIC SCHOOLS. 205 and there is a fourth description of men oomm«ily called BwriteSy who would join any standard which would promise rapine and plunder. There are, nevertheless, many virtuotis ciUeenSy in whose honesty and patriotism 1 fully confide, and with a respectable regular force around which to rally, they would prove themselves worthy of reliance in the hour of danger. fs; " New Orleans could not afford to an European power the booty which was found at Copenhagen ; but in these rapacious days, the vast sums of money known to be de- posited in the two banks of this city, together with the quantity of cotton, etc., here stored, may present a lure too tempting to be resisted ! " Returning to the subject, he said to the Secretary of War on the 10th of January :* " In order to comply with the President's late requisition, I have given ordors for a draft. In New Orleans no companies have yet volunteered their wrvices. This circumstance mortifies me exceedingly. But I still flatter myself that, in the interior, more patriotism may be displayed." The Legislature of the Territory having resumed their annual session^, Olaibome, when informed that they were refidy to proceed to business, sent his message on the 14th of January. In that document he informed them, with regret, that the act to provide for the means of establishing public schools in the parishes of the Territo- ry, which they had passed at their last session, was not likely to produce the desired effect ; that, in the Parish of Pointe Couple, provision had been made for the sup- port of two or more public schools, but that the other parishes did not seem disposed to imitate so worthy an example. "I have observed with pleasure," said he, * Execntiye Jonnial, p. SO, rol. 4 m k'r. M ml-'. .1 ■ 1 ^'f'^:> •■.-.1,;. ■ ■■■■>• I , ■ .^ -i If t ■..»'it,'-* .ilk'' '■'■■■' <^U' ^-■m .';^K :i&i;. i:."^: r.v. • ■! » kta. ■ ■■ -J" 1. .",1 <• '>ifi -li.'; • ;: *»'►< '•.■ fc,.« -;A. ■■ v.. •/:•; ^-•- • ;'»»KUi''Vj: ■1 206 CRIMINAL JUraSPBUDENCE AND PUlflSHMENTS. [1809. " that schools for private instraction have of late greatly increased, and that fathers of families seem impressed vrith the importance of educating their offspring. The instruction of our children in the various branches ot science should be accompanied with every effort to instill into their minus principles of morality ; to cherish their virtuous propensities ; to inspire them with ardent pa- triotism, and with that spirit of laudable emulation, which * seeks the esteem of fOfAeriby for good cmd vvrtuous aotions,^ Youth thus reared into life become the pride of their parents, the ornaments of society, and the pillars of their country's gloiy." Passing to another subject of considerable importance, he observed, " Your criminal jurisprudence requires revis- ion. Punishments are not proportioned to crimes, and, in some cases, offenders are imprisoned for life, whose reformation might probably be effected by a less rigor- ous suffering. The jail of New Orleans is the common receptacle for convicts sentenced to hard labor. But no means being pointed out for their emploj-ment, these un- fortunate victimH of the law herd together in idleness, until their vices become contagious. Their support, moreover, is a serious charge upon the Treasury, so much so that a view to political economy has had an influence in pardoning offenders whose claims for mercy were verj' doubtful. For these and other considerations, which will readily occur, you will be convinced of the expedi- ency of erecting a Penitentiary House, and of prescribing such rule^ for its internal police as may be best calculat- ed to reclaiiu the wicked and dissolute.'"" deferring to the hostile attitu(te taken by foreign pow- QV6 against the United States, Claiborne thus stimulated the patriotism of the Legislature : *' At this epoch, when. * jEbFeeiirtiye JpvnuJ, p. 97, y<4. 4. ;,...( ''.'. .f«*fv./ft. 1809.] GLAIBOBNE ON FOB^ON BELATIOKS. 207 ►w- what are termed the civilized nations of Europe vie in aets of atrocity with the .piratical States of Barbtu*y, a people^ to hope for safety, must be armed and united. The Government of the United States has made repeated efforts to restore an amicable intercourse with England and France. Nothing has been demanded of the bellig- erents which the immutable principles of justice did not san^ction; no conduct of theirs was objected to but' such as was in violation of our rights as a free and in- dependent people. The language of remonstrance and complaint has been exhausted, and our wrongs remain unredressed. There seems to be no alternative but war, or a continuance of the embargo, iidvert to the history of the American nation from the commencement of its existence to the present day ! What triumphs have been achieved I What examples of fortitude, of firmness, of prudence have been afforded! A national character ac- quired by the blood of heroes, and maintained by the wisdom of iUustrious statesmen, must and will be pre- served. Our honor wUl never be sullied by receiving the commands of France; nor our independence pros- trated by paying tribute to Great Britain. The embargo imposes privations, which a magnanimous people will cheerfully bear. vEt may be the means of avoiding still greater ills. But, however things may eventuate, whether in inevitable wai*, ^ honorable peace, the good citizens of this Territory will unite hand and heart in the sup- port of the Government and in the d^ence of their country." In their reply, the Legislature said to Olaibome : ■*■ Tell the Federal Government that the Louisiai^ns, proud to belong ta the great family, are ready to vie in zeal, in efforts and in saerifioes for the defence of iheh country.^'* •»it,;«i; * Bzeenttv* Jommal, t>. 4t, T(d. 4 ■.i-T>i^i. 'ixi^Jh. V •■;?^ ■iX f^ i \f^ ■4mM '1 Ct. 208 SUBUENDER OF RUNAWAY NEGROES. [1809. 180 •• . ' *>' In transmitting these sentiments to the Secretaiy of State, Claiborne observed : " This answer may be considered as conveying the political sentiments of the great majority of the people of the Territory. Indeed, Sir, the Louis- ianians are becoming every day more attached to the American Government, and I am persuaded that, when the occasion serves, they will prove themselves worthy members of the American family. I have nevertheless to regret the residence among us of some foreigners, faithful friends of England, of Spain and of France, and the existence also of a faction in New Orleans (the rem- nants of Burrism) whose object is to embarrass the ad* ministration and to efcite discontents.'" ^^ In the mean time, Governor Claiborne succeeded at last in obtaining from Salcedo, the Governor of Texas, the surrender of some of the negroes who had fled to that province. This circumstance, being calculated to prevent the recurrence of an evil which had been of so long duration, gave great satisfaction in Louisiana. Clai- borne assured Salcedo that a like conduct would be pur- sued in relation to such slaves as might fly from their Spanish masters and take refuge in the Territory of Or- leans, and he informed him that, in order that no diffi- culty whatever might arise, the Legislature had enacted a special law on the subject, a copy of which he trans- mitted to him. " Your Excellency,"»!8aid he to Salcedo, " will recognize (I trust) in the provisions of this law those just and liberal principles which should always characterize the intercourse between neighboring and friendly governments." Julian Poydras, a very wealthy planter of Pointe Ooup^e, who was avowedly ^iendly to the general and local administration, was, much to Claiborne's gratificar tion, elected by the Territorial Legislature a delegate to Congress for the ensuing two years. This was the more sati Nei to a ruar that oipa] ever per < toth (like Strang belou gover imprei UDanii and I Orlean ' On crowde hundri dred son, th< The nu the pu modati< expensi In th ish of i between pinasse, into iwe and bAu These ti both Fr< by Poyd n •• :i*«i' 1809.] ABBIYAL OF UNITED STATES TROOPS. 209 satisfactory to Olaiborne from the fact of there being in New Orleans a pretty strong party opposed to him, and to all his friends and supporters. On the 13th of Feb- ruary, Claiborae had informed the Federal Government that there was in the city a base faction, composed prin- cipally of Bumtes and Fnglishmen, who were making every exertion to excite disunion and disorder. " A pa- per called La Lanteme Magiqv^J'* said he, '' is devoted to their views, and I much fear that, among a people (like the Louisianians) who are still for the most part strangers to our government, laws and language, the li- belous publications which wickedly appear against the government and its officers will make some unfavorable impressions. The Legislature, however, are almost unanimous in approving the measures of Government, and I am happy to add that, without the city of New Orleans, little or no dissatisftiction is expressed." On the 26tli of March, New Orleans was becoming crowded with United States troops. More than fourteen hundred of them were then in the city, and several hun- dred more had entered at the Balize. General Wilkin- son, their commander, was tidily expected frt)m the Noi'th. The number soon amounted to about two thousand, and the public Barracks not being sufficient Ibr their accom- modation, many of the companies were comfortably, but expensively, quartered in different parts of the city. In the month of April, Claiborne went up to the Par- ish of Pointe Ooup^e with the view of allaying a feud between the Parish Judge, Dormenon, and L'Abb^ Les- pinasse, the Parish priest, whidi had divided the citizens into two factions greatly embittered against each other, and almost (Meposed to engage in a petty dvU war. These two leaders of the two contending parties were both Frenchra^ by birtk The former was supported by Poydras, the delt^te^eet to Congress, and a major- 14 M ■ 4w m \m 210 VIOLENT l-'EUDS IN POINTE COUPiE. [1801). :'.!,(J;/vVi "■'.''; -'■■J' '-I't! ' ■; !«•'• . I, J • ity of the planters of the Parish. The latter was patron- ized by a few respectable Creole families, by almost all the women, and by some native Americans who had re- cently emigrated to the Parish. The Judge and his par- tisans wished the removal of the Parish Priest; the Abb^ and his friends desired the dismissal of the Jud^^e. " My powers," said Claiborne to the Secretary of/ State, " did not permit me to act in either case, and my incli- nation led me to take no other notice of the dispute than to advise all parties to preserve good order, and to add that any breach of the public peace would be noticed by the civil authority. The Sheriff of the District is said to be so friendly to the Judge as to evidence great partiality in the selection of jurors, and a great clamor has been raised against him. This cause of complaint, which I believe to be not altogether unfounded, shiall be removed so soon as I can find a capable and honest man, indiffer- ent to both parties, willing to accept the office? I should be at no loss to select an individual from among the citi- zens of Pointe Couple, both honest and capable. But they have so generally taken part in this contest, that it will be advisable to appoint as sheriff some person who has not heretofore resided in tjje Parish." This incident, insignificant in itself, but not an exceptional one, is de- serving of notice, as illustrating the curious social condi- tion then existing in the Territory. In such a social condition, Claiborne had soon found out that, among his manifold duties, the most delicate and disagreeable was that of appointing to office. He in- formed the President that, to conciliate the population generally, and indeed to be just to the old inhabitants, he was bound to fill a portion of the offices of honor and profit with those whose native language was French. " But," said he to the Secretary of State, " this policy is much censured by some of my tellow-oitizens, and 1809. '-r 1809.] ADMISSION nrro the union demanded. 211 made a cause of opposition to my administration. You will find inclosed a list of the most important civil and military officers of the Government, and in which are noticed the several places of nativity. I'rom this list you will find that, if there is any favoritism, it is toward native Americana.^ The Legislature, in their last session, had adopted a memorial to Congress, the object of which was to obtain the early admission of the Territorj'^ into the Union as a member of the Confederacy, on the same footing with the ori^nal States. This memorial was transmitted by Claiborne to the Secretary of State at Washington on the 18th of May, but with a letter which he wrote in opposition to their wishes, and which is too interesting a document not to be reproduced here at length.* "I am not from principle," said he, "an advocate for Territorial systems of government, nor during my agency in their administration have I experienced so much satis* faction, as to have created a personal bias in their favor ; but it really seems to me that the system, as it relates to this District, catinot yet be done away without hazarding the interest of the United States, and the welfare of this community. I can bear testimony to the good intentions and amiable character of a minority of the inhabitants, to their industrious habits, to their obedience to the laws, and growing attachment to the Amenoan Govern- ment ; but they nevertheless are not prepared for self- government to the extent solicited by the Legislature. The Government of the Territory in its present shape is with some difficulty administered ; and as much power has been vested in the people as is, for the present, likely to be used with discretion. Our population is a mixed one, and composed of very discordant materials ; the mass ci * Executive Journal, p. 83, vol. 4. pS .y. 4V ■iff: .'■■'» '■' .1 ■•i I. m^ i.'i ^M^ ■m •14*^- t'.*#aft.ir..v,v;'.'..'r, . I ?*•■■;'■• 212 CENSUS OP INHABITANTS. [1800 the inhabitants still entertain strong prejudices in favor of their ancient 1p;Ws and usages, and, should the imme- diate control of the General Government over this Ter- ritory' be withdrawn, those great principles of jurispru- dence, so much admired in the United States, would not meet here that patrona '^e which the general interest would require. " In 1806, a census of the inhabitants of this Territory wa? taken, and I believe with great accuracy. There were then 52,998 souls, of which 23,574 were c6- partmenij of State, I hi>:e to regret, Sil*, that my sentir ments as to its object should not accoi*d with those of a majority of the members of the Legislative Council and House of Representatives, for whose integrity of char- J. Jr. 4 1 A , "•U-, ■■•.•>• . ;.■...'. :»!.'»'. ■',«««' mm mkM S3 m !"v,. \^'~'.-^. :k]^;.\ ■ if (,- ■■■' \ ■■. ,»,V:>.': '. - '■-.>--,-v.::^^.t. 214 FBENCII KMIOBATION FBOM CUBA. [180U. acter I feel the highest respect, mid in whose good in- tentious I fully confide. But whilst my judgment assures me that it would at this time Le inexpedient to admit this Territory into the Union as a member State, I should be wanting in duty were I not to suggest the necessity of amending the ordinance of Congress of 1787, which lias been extended to the Territory of Orleans, and more specially as relates to our Supreme Judiciary. I believe, also, that an increase of the members of the Legislative Council * would meet the interest and wishes of the citizens." The revolution of St. Domingo had caused a French emigration into the island of Cube, and the ruthless in- vasion of Spain by France was the cause of another exodus of those same refugees, who sought in Louisiana an asylum which was denied them in the country where they had become objects of h»\*^^ied and suspicion. Inrthe month of June, many of those emigrants had already arrived in New Orleans, some with their slaves and with what- ever other property they could bring with them, and others utterly destitute. The negioes, having been intro- duced in violation of law, were seized, but it was thought to be one of those hai'd cases when humanity required that the law should be permitted to sleep, or at least that it should not be strictly and rigorously enforced. It was supposed that Congress, being appeaJed to, would, from sympathy for the fugitives, modify the law so as to per- mit them to retain what was with most of them their only means of securing a livelihood in their new home, and would not deprive those who had been twice thti victims of an adverse fate, of the few remaining wrecks of their former fortimes. Acting in ctmformity with this spirit of compassion, and in anticipation of the * Thej were only fire In number. * 1800. expe ment "1 quest June, con/a passe porta Cuba, the fiu respec bond, Territi that t held s fbrthco NewO positio] or his gress direct. • "In groes, then be will gi\ office hire to Two tary of "lam have mm be foun adhered measure as 1800.] FBENCH EMIORATION FBOM CUBA. m expected course to be pursued hy the Federal Govern- ment, Claiborne wrote to the Mayor of New Orleans : ** The Collector of the District of Orleans having re- quested mo by a letter bearing date on this day, 19th of June, to name some persons to whom he may deliver, conformably to the proviaiona of the act of Oongresftj passed on the 2d da/y of Marchy 1807, to proh'hit the im- portation of slaves, certain negroes arriving here from Cuba, I must beg you to have the goodness to receive the same, and to place them in the possession of their respective owners, provided they previously enter into bond, with sufficient security to the Governor of the Territory and his successors in oifice, with a condition that the negroes so placed in their possession shall be held subject, and, at all times after ten days' notice, be forthcoming at the office of the Mayor of the City of New Orleans, there to abide such further and other dis- positions as the Governor of the Territory of Orleans, or his successors in office, or the President and Con- gress of the United States may think proper to make or dii'ect. . . . . . . . .- I v.* 'til' J ; ■m- ■i^^ ''^i *^4 ■ m 'tiJ the 1 '* In the event that there be any persons, claiming ne- groes, who cannot give the security required, you will then be pleased to hire the negroes to some citizen who will give the necessary surety for their delivery at your office as aforesaid, and to pay over the proceeds of the hire to the respective owners," Two days after, Claiborne communicated to the Secre- tary of State what he had done in this matter, and said, ^' I am not certain. Sir, that the temporary diaposition I have made of these poor people will, upon investigation, be found correct. The letter of the law may not have been adhered to. But, under all circumstances, I trust the measures I have already directed will be approved. The N C4 ♦ >• ..► ■■•■ ■ ■.•.?::. r»f-i' . ■ ••-,•.:,.«.»».;:... '-..'•■■('if • If '•"■■' \ - ', ■.■•,■."•, Il i St 216 FKENCH BMIG (ATIOK FBOM CUBA. [1800. case is a peculiar one. It was not anticipated by the Government, and may not perhaps be conuidered as hilly provided for under the acts of Congress. The emigration of the French from Cuba was compulsory, and their mis- fortunes, under the general law of uations, recommend them to thA greatest indulgence. An accredited agent of the United States, the Consul of St. Yago, had more- over encouraged them to hope, as appears from his letter to me, that in their peculiar 8ittiati(m, tJie Govemmenty as regards the sla/ves, may have the power and the inclina- tion to grant tJiem some relief from the precise rigor of established statutes^ and in this expectation they entered the waters of the Mississippi. Of the Avretched condition of these unfortunate eiciles I am well assured. The en- closed petition from them is calculated to awake the sympathy of all who can feel for private distress. " The vessels coming from Cuba with slaves are all under seizure, and detained to the great loss of the owners. These vessels are American and Spanish bottoms, and I have been assured by the several captains, that had not the feelings of humanity induced them, of their own accord, to bring away the exiled French, the Spanish authorities would have forced them to do so. " Several other vessels from St. Yago have entered at the Balize v/ith passengers, but I am not infoimed of theii* numbers, rhe French already arrived here are represented, for the iiost part, to be men of fair charac- tera and industrious habits. The great majority of the people of color, emigrating hither, are women and chil- dren ; and the negroes who have been introduced arc said to consist of faithhil domestics, who have adhered to the^r meaters in all the vicissitudes of their fortunes, and of a few Africans purchased by the French during their resi- dence in Cuba." These emigrants, whose suflferings entitled them to so 1800.] CLAIBOBNB AXD TH£ FBKNOII BMIORANTrt. 217 much sympathy, and even to indulgence, if they had needed it, for inipit>priety of behavior, for persifrteucy in defective habits, or for the conapiouousneas of morale not entirely iree from blame, did not find favor, however, with tome of those at whose doors they were knocking for hospitable reception. For, on the 18th of July, Claiborne wrote to the Secretary of State : " Considerable exertions have been made and are now making, through thb medium of a paper called the New Orleans Oaaette^ to excite prejudices against those unfortunate Htranger«^ and to impress society with an opinion that my condv in relation to them and their slaves has been in direc! opposition to the laws and the best interests of I: United States. Accordi..g to the newspaper writtio, those strangers are, very generally, men of the basest character, who, for the last few yeara, have committed many wanton and cruel depredations on the commerce of the United States, and their stay in the Territory would endanger its peace and safety. " For myselfj Sir, I would have prefeiTed that the space ii. our community which Ihese emigrants have filled, had been occupied by native citizens of the United States. But T really see no cause for that uneasiness and alarm whi<^ have been expressed. There are, doubtless, among them some worthless individuals. But, upon inquiry, I find that the great migority are men of fair reputations and industrious habits, who deserve a greater portion of happiness than has heretofore been allotted to them. As regards myself, the newspaper abuse is a matter of no consequence. Assured of the rectitude of my conduct, and that the President will not condemn me unheard) I bid defiance to my enemies. But as re- gards the strangers whom misfortune has thrown upon our shores, I am sorry to find them so much abused ; it can only tend to less^ the gratitude for the asylum Hi I i';?: % "'Si \ ,••' 'Mi i& ■Tt^u* k jLjfff Jib" 1 i.1 I ■■•, ,.'"V ■*iv>;,i." r•••^yrj- .1 «■.• 218 CLAIBORNE AND THE FBENCH EMIGBANTS. [1809. afforded them. There are, certainly, many excellent Americans who are dissatisfied with so considerable a foreign population. But the persons the most noisy on the occasion are those who participate in all the Spanish and English resentment against the French nation, and of whose breasts prejudice has taken such complete pos- session as to extinguish all sense of feeling for private distress." * Notwithstanding the hostility shown to them by a portion of the population of Louisiana, the flood of emi- grants had continued to pour in, and on the 18th of July, their number amounted to 5,754, of whom 1,798 were white people, 1977 free colored and black, and 1,979 slaves. Referring to this subject, Claiborne said to the Secre- tary of State on the 29th of July : " These trials," (allud- ing to the trials of some Frenchmen on the charge of piracy,) and the newspaper publications in whieh the refu- gees from Cuba are represented as the basest 6f men, and dangerous to the tranquillity of the territory, have pro- duced here a great share of agitation. The foreign Frenchmen residing among us take great interest in fa- vor of their countrymen, and the sympathies of the Cre- oles of the country (the descendants of the French), seem also to be much excited. The native Americans and the English of our society, on the contrary, with some few exceptions, appear to be prejudiced against these stran- gers, and express great dissatis&ction that an asylum in this territory was afforded them. I have endoa* vored to impress reflecting men with the propriety of observing moderation in their language and conduct. But we have here many warm, rash individuals, whose imprudent expressions aid considerably the views of a * Executive Joomal, p. 118, vol. 4 ':^. 1809.] OLAIBOENE CHECKING IMMIGRATION. 219 few base characters whose sole object is to produce con- fusion, and who seize on every oppwiiunity to bring into contact the discordant, materials of which this commu- nity is composed."* Although strongly sympathizing witb the French re- fugees, Claiborne thought it prudent to check that kind of immigration, and wrote as fo^ows to Mi*. Anderson, the American Consul at Havana. " The reftigees from Cuba who have arrived in this territory have experien- ced the most friendly hospitality. But their number is becoming so considerable as to embarrass our own citizens, and I fear they will not be enabled much longer to supply, as fully as they would wish, the wants of these unfortunate strangers. You will, therefore, render a ser- vice to such of the French as may not have departed from Cuba, by advising them to seek an a&ylum in some other district of the United States. " As regards the people of color who have arrived here &om Cuba, the women and children have been re- ceived, but the males above the age. of fifbeen have, in pursuance of the Territorial Law, been ordered to de- part. I must request you, Sir, to make known this cir- cumstance, and also to discourage &ee people of color, of every description, from emigrating to the Territory of Orleans. We have already a much greater proportion of that description than comports with the general interest." He addressed the same lettw to Maurice Rogers, United States Consul at St. Yago de Cuba. But tke colored peo- ple who had been ordered to depart contrived to evade the order, and remained in New Orleans, where they have left a numerous posterity. Even othera of the same claa^ subsequently amyed, and, notwithstanding a show of opposition, were permitted to glide into a quiet residence in the territory. t Exeentive JooAuJ, p. 131, to]. 4. I^" >i. ■'■wm 220 ARRIVAL OF TOO MAITT STRANGERS. [1809. mi ,1^ "it' i*.*:! i!;^;- The perturbed state of the world at that time was the cause that many individuals whose condition became unsettled were looking round for places where they could better their fortunes, and not a few of t^em were daily arriving in New Orleans from almost every quar. ter of the horizon which embraced the civilized portion of the earth, and particularly from Jamaica, Gruadeloupe) and the other West India Islands. British aggressions and conquests in those regions had disposed many of their French inhabitants to seek for refuge elsewhere. " At all times," said Claibome to the Secretary of State, on the 4th of November, "the utmost vigilance on the part of the officers of Government in this Territory is essen» tial, but it is particularly so at the present period, when so many strangers are daily arriving among us, of whom many are of doubtful character and of desperate for- tunes, and many, probably, would become willing in«^ struments in the hands of those unprincipled, intriguing individuals who would wish to disturb the peace and union of the American States. That there are such in-' dividuals in this territory I have long since known, and I have no reason to believe that their hostility to the interests of the United States has in the least abated." * In consequence of the steady tide of emigration which was flowing towards Louisiana, chiefly from the chores' of San Domingo, Cuba, Jamaica, and Guadeloupe, house rent in New Orleans and the price of jH-ovisions had become so extravagantly high 1;iiat, in the month of No*'; vember, families who had but Himted resources began toi And them drawing to an end, and the number of tho^ poor and destitute- were daily augmenting.* It has already been stated that, iii the month of May, about two thousand troops of the United States had* IT'''- ■'"• ■■<..' -'^y- ■''• Uikj' >■■;■■••■■; ■ ■'•;- • ' mJm-i' ... ■ ^^\ * Executive Journal, p. 19t, Vol. 4. ?-:' 1800.] SICKNESS AMONG THE U. 8. TROOPS. 221 been concentrated in New Orleans. General Wilkinson, who was their commander, had arrived in that city from the North, on the 19th of April, after having stopped at Havana and Pensaoola. Immediately after his retuiii, h« reeonnoitered the country around New Orleans in search of a spot from which the ti'oops might readily be brought into action in case of an attack, and where they might in the meanwhile enjoy as much health and comfort as the climate would allow. His choice fell on an elevated piece of ground on the left bank of the Mis- sissippi, about eight miles below the city, near the point where the road leading to the settlements of Teire aux Boeufs leaves that whi«h runs along the river. A large detachment -was sent to Terre aux Boeufs to make the necessary preparations, and the rest of the troops gradu- ally followed. 'On the 18th of May, seven hundred non- commissioned officers and privates had assembled at that spot.* They had hardly been three weeks encamped, when the most peremptory order from the department of war was received by Wilkinson, Meeting him to embtirk his whole force immediately, leaving only sufficient garri- sons at New Orleans and Fort St Philip, and to proceed to higher grounds in the tear of Fort Adams and of Natchez, and by an equal division of his men to form an encampment at those localitii6S.f From the difficulty of procuring boats and from other circumfiftaiioei, the troops did not begin to ascend the riv^ 4)efTiisiMia, p. 994, vol. 3. - 1: f Martin's Hiatoiy of LovVdana, p. 89$, vol. 8. ■/'tU! ■^'. ■i. ?;•. -'mm ■ ■■'!( I a wt "!.'';^^-'.'^-'''>V-'" ■•■■■■■'•■■■ •■^■'' • "it!. •', I "r I i • i i M'<' '•j^-'^^' %r. ''.'; if'-; •• '*• ■••'.V ov-lu... •,.%:.«. • I,:-.;.. _■ [.'■.,.,:,■.. J? -IV.:- ... s;r--:^.^^:^';iS3^ I: ■:,- 1- « .' 222 MORTALITY AMONG THE U. S. TROOPS. [1810.' It is sad to relate that, of the nineteen hundred and fifty-three regulars who had been sent to New Orleans seven hundred and ninety-live died, and one hundred and* sixty-six deserted, so that the total loss was almost one- half of the whole. The greatest sickness was in the month of August, when five hundred and sixty-three men were on the sick list.* This disaster produced a profound sensation in the United States, and a great clamor arose against Wilkin- son, who had already been so long suspected of being in the pay of Spain, and to whose misconduct his opponents attributed what had hiappened on this occasion. So loud was the hue and cry against him, that James Madison^ who had succeeded Jeflferson as President of the United States, thought proper to call him to the seat of Govem- raent to justify himself^ and General Wade Hampton was appointed to take the command in his place. 1810. Claiborne, in the annual message which he de- livered at the opening of the session of the Legislature, in January, 1810, complimented them on the new-born interest which the people of the Territory had exhibited in the recent elections for members of their body. " Their indifference on former occaBions," he said, " to the right of suffrage was cause for serious concern. It was apprehended that such apathy Would in the end prove injurious to their best interests. But, by the recent re- turns from the several counties, it is apparent that the body of the people are becoming sensible of the import- ance of the elective ft-anchise and that its exercise is justly considered to be a duty." Ke further observed, that the embarrassments to comtneree necessarily result- ing frbm the (^ndition of the foreign relaHonis of the United States haring diminished ^he value of most of * Martin's Histbiy of Looisiana, p. 296, vol. 3. i:iii- 1810.] ENCOUBAGEMENT TO DOMESTIC INDUSTRY. 223 the surplus productions of the Territory, and augmented considerably the price of all articles of foreign importa- tion, therefore the strongest considerations of interest in- vited the Louisianians to the exercise of a prudent econ- omy, and to seize on a moment so auspicious as the pres- ent, to encourage domestic manufactures and to l^^ssen their dependence on a foreign market for articles of ne- cessity and comfort. " It is submitted to you," he said, " whether some leg- islative encouragement may be advisable. To what ex- tent you can best determine. But, were only an honor- able premium awarded for the samples of cotton and woollen cloths exhibited from the different Parishes, it could not fail to produce a laudable emulation. I have observed in the prairies of Attakr pas and Opelousas some flocks of sheep whose fleece appeared to me to be of good quality. The improvement of the breed of that useful animal is an advisable object. In climates not very dissimilar to that of this territory he is reared to advantage, and I am persuaded that, with due care, his welfare will be equally sure in our extensive western prairies. The Merino sheep, whose wool is held in such high estimation, were a few years since imported into the Atlantic States, and promise to contribute greatly to their real wealth and convenience. I subm^ therefore, to the legislature the expediency of introducing into chis territory, at the public expense, as many of that improve ed breed as may be sufficient to make the experiment how far the climate is adapted to their pre sperity. The great and necessary contumption <^ woollen manu&ctures in this territory makes it important that we should ^rly resort to means to acquire at home those sui^lies which we, so sparingly, and at so enhanced a price, receive f^om abroad, and of which resource, it is probable, we may soon in a greater d^ree be deprived." i t* 0m ¥: ■ I "4 ■ V.r- ^?»f 224 THE YELLOW FE\yR AND HEALTH LAWR. ^!'H:■,■ ib!;r*"^'-:r It:. '.vVAiM^:' f I. :. . v-:. >JJ' i.,-^ ■ [1810. In relatiun to the administration of justice he judic- iously said : •** There are, doubtless, necessarj"^ amend- ments which may occur to you, but I trust they will not be numerous. A disposition for frequent change of judicial systems should not be encouraged; it often proves injurious. Multiply your laws and they become less known — the more uncertain — and th(^ citizen finds it better to endure, than to seek a redress for griev- ances." In consequence of the frequent ravages of the YeUow- fever, particularly in the autumn of the past year, he recommended to the Legislature the policy of making " some general health laws which should enforce cleanli- ness, and subject the shipping entering the Mississippi to those quarantine regulations which at other places had proved salutary.* In a communication to the Secretary of the Treasurj', bearing date, January 17, Claiborne recommended that Congress be in^dted to make some appropriation to sup- port, under the direction of the Territorial Legislature, the establishment of public schools in the Territory of Orleans. " I am sorry," he said, " to observe that the education of the youths of this district has been, and is still, greaily neglected ; nor do I expect ever to see as liberal f »n appropriation for public schools as the present state of this society demands, unless Congress shall deem them objects worthy their patronage^ Donations have been made, I believe, by Congress, to most of the Terri- tories, vith a view to the encouragement of education, and I ain persuaded a like generosity wiU be observed toward the Territory of Orleans. The donation I re- coirmend would enable the Territorial Legialature im- meaiately to establish seminaries of learning in the sev- * Executive Joonial, p. S19, tqL 4. ■,::s!-;^_,^^, , ,^ \n, sv- 1810.] ^ IfEOESSITY OF PUBLIC EDUCATION. i225 eral counties, yfhere the children of the native Louisiaoi- ans and the native Americans, of the native French- men and the native Spaniards, now inhabiting this Ter- ritory, might be instructed in useful knowledge, and tbe effects of whose early intercourse and friendship would probably be Buch as to induce the rising generation to consider thensselves one people, and no longer to feel that jealousy and want of confidence which exists among their fathers."* This jealousy and this want of confidence of which Claiborne complains was a stumbling block in the way of his administration, and proved to him a constant source of trouble and anxiety, as may be seen, from his dispatch t)f the 23d of January to the Secretary of State, to whom he expressed his sentiments in these terms : " To give general satisfaction +o the inhabitants of this Territory, among the several descriptions of which so much jealousy and dislike exists, I have found, impracti- cable. My sole object is now, and ever has been^ to be just to them all, and to conciliate as much as possible the minds of the ancient inhabitants of the Territory to the American Government. As one means of doing so, I have occasionally invited them, in common with tbe native citizens of the United States, to partake in < the administration of the local government. I Jiave had no reason to r^ret this policy, and I hope and believe that it is approved by the President of the United States. The ancient inhabitants (I mean the natives of Louisiana^ or those who were settled here previous to the <:e8sion), possess a great sbare of the wealth of t\ie Didtriet, and of course pay a very considerable proportion of the Te*- ritorial tax. To exclude them from a partidipation in the affairs of tbe Tenitoiy would, to say the least of it, be an act of injustice. > *BseeatiTeJoiinud,p.38S, ▼oL4 15 ?^ m m •i ;-''V v'.';^'- *-i'M [.">■,> II!- *?f •/ . 226 OLAIBOBNE ON PUBLIC APPOINTMENTS. [1810. m W \-^:i',.\- ^ -.s, fit. ■ '^'-;;':'-..f:;-!,'^:.> i^;-'; . ...v^^ " From tho list of appointments enclosed you will find that, next to the native Americans, the natives of Loui- siana enjoy the greatest share of my patronage. Men who were born in this country, and where also their fathers are entombed, I never can treat as aliens. But my mode of thinking and acting has made me some bit- ter enemies. Not an office is created, or becomes vacant, but the number of my foes increases, and if my ^oice should happen to fall on a citizen whose native language is French, I am immediately charged with being too friendly to French interests." ^. Claiborne also informed the General Government tha*;, as long as the Floridas should remain in the possession of a foreign power, f !1 the laws prohibiting thfe importa- tion of slaves would be evaded. " It is confidently re- ported," he said, *' that two or three vessels have lately sailed from Pensacola for the Coast of Africa, and design to retui'n with a cai^o of negroes. These will be carried to the rich settlement of Baton Rouge, and stUch as cannot be sold there will probably be conveyed across the Mis- sissippi and disposed of in the Territory of Orleans."* I have already mentioned that Wade Hampton had succeeded General Wilkinson in his military command. Claiborne, in a note of the 27th of January, suggested to him the expediency of leaving at New Orleans, as a gar- rison, three or four complete companies, " because," as he remarked, " you are doubtless advised of the very hece- rogeneous mass of which the society in New Orleans is composed, and that we have among us men of every na- tion and character. Heretofore, nothing has occurred to threaten the public peace. But with a population so mix- ed, and becoming more so every day by the press cf emi- gration from Cuba and elsewhere, I must confess I am not • Executive Joornsl, p. 387, vol. 4. X-r.^ to ar- he 3 18 na- to ix- bmi- (not 1810.] HOSTILITY TO CLAIBORNE rN0R"«U8INO. 227 without apprehensions that disorders and disturbances mav rriso. The fi'ee-men of color, in and near New Or- leans (iiicluding those recently arrived from Cuba), capa- ble of carrying arms, cannot be less than eight hundred. Theii' conduct has hitherto been correct. But in a coun- try like this, where the negro population is so consider- able, they should be caref^JiUy watched. Until the militia of the Territory is rendered an efficient force, I should be sorry to see less than three or four companies of regular troops in New Orleans, or in its vicinity. I have not been wanting in efforts to better the condition of the militia. But many obstacles are in my way." It is remarkable, that the antagonism which in -the Legislature of Louisiana has so long existed between the representatives of New Orleans and its vicinity, and those of the rest of the country, had a contemporaneous origin with the formation of the Territorial Government ; for, on the i7th of February, Claiborne informed the Secretary of State that " the Territorial Legislature was still in ses- sion ; that a great difference of opinion had arisen be- tween the members from the Western counties and those from New Orleans and its vicinity, and that the parties were so nearly divided, that few, if any, laws of general concern would probably pass." In the mean time, the opposition to Claiborne's ad- ministration was becoming more intense on the part of his enemies, and the Attorney-General of the Territory thought it his duty to institute judicial proceedings against a virulent libel which had been published against the Executive. On being informed of it, the Governor wrote a ver}'^ noble letter to the Attorney-General, re- questing him to stop the prosecution. "An officer whose hands and motives are pure," he said, " has noth- ing to fear from newspaper detraction, or the invectives of angry and deluded individuals. My conduct in life is :|| ■m \n K.: •y&WM ■J' n' . 'T'' 1(1 '■i.i ',' ,• .IT' ''. - ■ .. :.,'■<■■;>..•*;••■*',*-■ ■ I I If? ',.;^:">.V;, I' ■"•Xl.V.'i V..r J ■,■,;;• .V,;. .-1 .!¥.'■ ,. ' Lhv' '..• ■V,„.j'-L';-''.. : r>j, ' . .,;■ •'.•.'.• ,'•<• '/-" s ..Vfc' ;,?*:. 228 Claiborne's noble letter. [1810. the best answer I can return to ray enemies. It is be' fore the public, and has secured, and will, I am certain, continue to secure me the esteem and confidence of that portion of society whose approbation is desirable to an honest man. "The lie of the day gives me no concern. Neglected calumny sooj^ expires ; notice it, and you gi'atify your calumniators prosecute it, and it acquires consequence ; punish it, and you enlist in its favor the public sympa- thy. The liberty of the press is all important to a free people ; but Its licentiousness in the United States has become a curse to my country. It destroys all the ben- efit, which its liberty would otherwise produce. The press, in former days, kept bad men in check ; but in these times its denunciations afford no evidence of de- merit, for we all know that they are directed as well against the .virtuous as the wicked. Judicial interference is not, in my opinion, the best means of putting down that licentiousness. It can alone be effectually done by the people themselves. When they shall think proper to withdraw their patronage from the vehicles of slander, and not until then, will the libelers of the laws of the Government, its officers, and honest citizens, disappear."* In the month of May,' Claiborne, having obtmned leave of absence, departed from New Orleans for Baltimore, and the Government was left in the hands of Th. Boiling Robertson, the Secretary of the Territory. On the 6th of September, Robertson issued the follow- ing circular to all those whom it might concern in the Territory : " You have no doubt heard of the late intro- duction of African slaves among us. Two cargoes have been already smuggled into this Territory by the way of Barataria and Lafourcho, and I am ftdly convinced xni-r^-:*. K.^, * Executiye Journal, p. 252, vol. 4. 1810.] SMUaOLlNO OF SLAVBS AND M£B0UAKDI8£. 229 ay led 11*0111 a variety of circumstances which have come to my knowledge, that an extensive and well laid plan exists to evade or to defeat the operation of the laws of the United I tates on that subject. The open and daring course which is now pursued by a set of brigands who infest our coast, and overrun our country, is calculated to excite the strongest indignation in the breast of ever)' man who feels the slightest respect for the wise and pol- itic irstitutions under which we live. At this moment, upwards of one hundred slaves are held by some of our own citizens in the very teeth of the most posi^ve laws, and notwithstanding every exertion which has been made, so general seems to be the disposition to aid in the concealment, that but faint hopes are entertained of detecting the parties and bringing them to punishment. Confiding in your zeal, I have thought it advisable to state to you my impressions on this alMmportant sub- ject, and to call upon you to use all the means in your power to give efficacy to a system of law founded on the purest principles of humanity and the soundest views of enlightened policy." It is true that, for some considerable time before offi- cial notice was taken of the fact, smuggling had been carried on to some extent in relation to Africans, and as to every other sort of merchandize, to an immense amount, not only through Barataria and Lafourche, but also through Bayou Teche in Attakapas. In the neighborhood of Bayou Sara and in the adja- cent country there was a large settlement of native Americans, who resolved to avail themselves of the impo- tency to which Spain was reduced by its war with France, and to secure their political independence. Dur- ing the summer, having obtained the assistance of their countrymen who dwelt near them in the contiguous counties of the Territory of Mississippi, they suddenly ■ '^•''■'j il' H 230 IIEKOISM OF LOUIS OKANDPUU. [1810. i ^ifl .a> ifll' flew to amiB, emV>uLlied tbemselvos into a email array of innurgeutH, aud marched on Baton llouge. In the fort which commanded the town, DelassuH, the Spanish Gov* ernor of the district, used to reside, but he was absent at ' the time, and the fort had been lefl: in chai'ge of a youth, Louis Grandpre, the son of Carlos de Grandpr6, the former Governor. Grandpre had under him only a score or two of old soldiers, most of whom were cripples, and the fort itself was in such a condition, that it would have been deemed incapable of defence by any military man. Tlif forces by which Grandpr6 was attacked were so overwhelming, that he ought to have surrendered rather than attempt an impossibility and fruitlessly ex- pose his own life and that of the corporal's guard he had with him, but he had received no instructions to meet the case, and he chivalrously thought that he was not, under any circumstances whatever, to give up what had been intrusted, for safe keeping, to his fidelity jind honor. Therefore, when summoned by the insurgents to lower his flag, he resolved to die, and replied in the negative. The result was not long delayed ; a loud shout of mu- tual encouragement on the side of the Americans, a sim- ultaneous rush, and they went pell-mell into the fort. They had been met, sword in hand, but by ^ne single man, and he alone perished. It was Grandpr^who had thus hopelessly confi'onted his multitudinous foes. There was no defence made except by him, and it is to be re- gretted that his enemies, being hundreds to one, had not the magnanimity, or the opportunity, to spare the life of this young hero. 4 The insurgents, soon after their success, had a Convention which pui'ported to be composed of the representatives of the people of West Florida, and they issued a decla- ration of independence, in which they solemnly made known to the world that the several districts constitu- fe- 1810.] A DEOLABATION OF IITDEPETa)ENCE. 231 ting the province of W( t Florida, had a«8uraed the rank, then and hereafter, of a tree and independent State. It is remarkable that in this document, in which they give their reasons for operating this revolution, they show no hostility to Spain, but, on the contrary, take care to record " the fidelity with which they had professed and maintained allegiance to their legitimate sovereign, while any hope remained of receiving from him protec- tion for their property and their lives." They seem to have been solicitous to proclaim that they had not taken arms against their King, for whom they pr<»fes8ed to have always entertained an inviolable attachment, which had also extended to Spain as the parent country^ whilst 80 much aa a shadow of legitimate authority remaiTied^ to he exercised over them. Here is this curious document, signed by John Bhea, President of the Convention, and Andrew Steele, Secretarj', on the 26th day of Sep- tember : " By the Representatives of the people of West Florida, in Convention assembled : "A Declaration. " It is known to the world with how much fidelity the good peod|d of this Territory have professed and main- tained allegiance to their legitimate Sovereign, while any hope remained of receiving from him protection for their property and their lives. " Without making any unnecessary innovation in the established principles of the Government, we had volun- tarily adopted certain regulations, in concert with our First Magistrate, for the express puipose of preserving this Territory, and showing our attachment to the Gov- ernment which had heretofore protected us. This com- pact, which was entered into with good faith on our part, will forever remain au honorable testimony of our ' '■ 7 I ■■■. ■• •■;ii:\ ft ',■< :. • ■■>'■'■•■■■.•■■'■ :,< " The Convention of the State of Florida," said Rhea to Robert Smith, Secretary of State, on the 10th of Oc- tober, " have already transmitted an offici»i copy of their act of independence, through His Excellency Governor Holmes, to f j President of the United States, accom-" panied wiiji the expression of their hope and desire that this Commonwealth may be immediately acknowledged and protected by the G-ovemment of the United States^ as an integral part of the American Union. On a sub- ject so interesting to the community represented by us, it-is necessary that we should have the most direct and unequivocal assurances of the views and wishes of the ' American Government without delay, since our weak and unprotected situation will oblige us to look to some* foreign Government for support, should it be refused to * Ajinals of Coiunea}^ '^j CjaleB & Seaton, Appendix, p. 1254, 11th Congress, 8d Session. !■■ 4 t \ I I 'i I I ji. »'' 'I *';,■•■ I / 1 ' I m iHi 't3 w r iff". <•*• -si' ' 'A iff ■t:i'V*'..>" ■ -IvV- T * >■ ^ ^ -^ - ■•; '%■■■ ■■*.. X'.. 234 CONVEimON OF WEST FLOBIDA. [1810. lis by the country which we have considered as our parent State. t " "We therefore make this direct appeal through you to the President and General Government ot' the Ameri- can States, to solicit that immediate protection to which we consider ourselves entitled ; and, to obtain a speedy and favorable decision, we offer the following (jonsidera- tions : 1st. The Government of the United States, in . their instructions to the Envoys Extraordinary at Paris, in March, 1806, authorized the purchase of East Florida, directing them at the same time to engage France to in- tercede with the Cabinet of Spain to relinquish any claim to the Territory which now forms this Common- wealth. 2d. In all diplomatic correspondence vrth American ministers abroad, the Government of ^ . * United States have spoken of West Florida as a par . ^ the Louisiana cession. They have legislated for the countr)^ as a part of their own territory, and have de- ferred to take possession of it, in expectation that Spain might be induced to relinquish her claim by amicable negotiation. 3d. The American Government has already refused to accredit any minister from the Spanish Junta, which body was certainly more legally organized as the representative of the sovereignty, than that now called the Regency of Spain. Therefore, the United States can- not but regard any force or authority emanating from them, with an intention to subjugate us, as they would -■m an invasion of their territory by a foreign enemy. 4th. The Emperor of France has invited Spanish Americai;^ to declai'e their independence rather than to remain in subjection to the old Spanish Government ; therefore, an acknowledgment of our independence by the United States could not be complained of by France, or involve the American Government in any contest with that power. 5th. Neither can it afford any just cause of » 181( com Spa; supj to S£ Fren sans Britfi "S any c their other ents a pende with J or to 1 or a pi State, of the] the inl ing am while, that th enactec lations "Th lands w ^^ CQnt( acquiesc yejirs ; non-inte a relinqi to entitl wj'ested risk of t lands. I 1 1810.] WEST FLORIDA ANNEXED, m: 235 complaint to Great Britain, although she be the ally of Spain, that the United States should acknowledge and support our independence, as this measure was necessary to save the country from falling into the hands of the French exiles from the Island of Cuba, and other parti- sans of Bonaparte, who are the eternal enemies of Great Britain. " Should the United States be induced by these, or any other considerations, to acknowledge our claims to their protection as an integral part of their territory, or otherwise, we feel it our duty to claim for our constitu- ents an immediate admission into the Union as an inde- pendent State, or as a Territory of the United States, with permission to establisiitOur own form of government, or to be united with one of the neighboring Tenitories, or a part of one of them, in such manner as co form a State. Should it be thought proper to annex us to one • of the neighboring Territories, or a part of one of them, the inhabitants of this Commonwealth would prefer be- ing annexed to the Island of Orleans : and, in the mean- while, until a State government should be established, that they should be governed by the ord?r> nces already enacted by this Convention, and by thoir further regu- -i lations hereafter. *^ " The claim which we have to the soil or unlocated lands within this Commonwealth wiU not, it is presumed, « be contested by the United States, as they have tacitly I acquiesced in the claim of France, or Spain, for seven ye^rs ; and the restrictions of the several embargo and non-intercourse laws might fairly be construed, if not as a relinquishment of their claim, yet as at least sufiS^ent ■% to entitle the people of this Commonwealth (who have ^ wrested the Government and country from Spain at the risk of their lives and fortunes) to all the unlocated lands. It will strike the American Government that the . * I*' • i'f'm i% 236 THE PBESIDENT S PROCLAMATION. [1810. •I,- ••.«•■. .■'•■'■•V''i',' ■' •'• l:- ■,..••• i* [1. '' ' ■ ► , ' '■ '^ V moneys arising from the sales of these lands, applied as they will be to improving the internal communications of the country, opening canals, etc., will, in fact, be a^d* ing to the prosperity and strength of the Federal Union. To fuMU with good faith our promises and engagements to the inhabitants of this country, it will be our duty to stipidate for an unqualified pardon for all deserters now residing within this Commonwealth, together with an exemption from further service in the army or navy of the United States."* In consequence of these events, the President of the United States resolved to take immediate possession of the District of West Florida, and, on the 27th of Octo- ber, issued this proclamations^ "Whereas the Territory south of the Mississippi Territory, and eastward of the River Mississippi, and exlendm£ 'o the River Perdido, of which potisession was not delivered to the United States, in pursuance of the treaty concluded at Paris on the 30th of April, 1803, has, at all times, as is well known, been considered and claimed by them as being vrithin the colony of Louis- iana, conveyed by the said treaty, in the same extent that it had in the hands of Spain, and chat it had when France originally possessed it ; " And whereas the acquiescence of the United States in the temporary continuance of the said Territory under the Spanish authority, was not the result of any distrust A of their title, as has been particularly evinced by the general tenor of their laws, and by the distinction made in the ^plication of those laws between that Territory and fdWgn countries, but was occasioned by their con- ciliator}' views, and by a confidence in the justice of their cause, and in the success of candid discussion » Annals of Congress, p. 1253, 11th Congress, 8d Congress. '** m-'-'' \ MMonAawKc— ::t:»_ff^ . 1810. J TUB PEBSroENl's PROCLAMATION. 237 and amicable negotiation with a just and friendly power; 4* And whereas a satisfactory adjustment, too long delayed, without the fault of the United States, has for some time been entirely suspended by events over which they had no control ; and whereas a crisis has at length arrived subversive of the order of things under the Spanish authorities, whereby a failure of the United States to take the said Territorj'^ into its possession may lead to events ultimately contravening the views of both parties, whilst in the mean time the tranquillity and * security of our adjoining Territories are endangered, and new facilities given to violators of our revenue and commercial laws, and of tliose prohibiting the introduc- tion of slaves ; "Considering, moreover, that under these peculiar and imperative circumstances, a forbearance on the part of the United States to occupy the Territory in ques- tion, and thereby guard against the confusions and con- tingencies which threaten it, might be construed into a dereliction of their title, or an insensibility to the im- portance of the stake : considering th^t, in the hands of the United States, it will not cease to be a subject of fair and friendly negotiation and adjustment : consider- ing, finally, that the acts of Congress, though contem- plating a present possession by a foreign authority, have contemplated also an eventual possession of the said Territory by the United States, and are accordingly so framed as, in that case, to extend in their operation to ^ the same: " Now, be it known, that I, James Madison, Prlsident of the United States of America, in pursuance of these weighty and urgent considerations, have deemed it right and requisite that possession should be taken of the said Territory iu the name and behalf of the United W fwf^^i%' ^::li t ;!*A- •J..Vi^i ^i-'^5?.-- e»-t. fifty*'- '•'. '>'.t!\I\'i.l4tJ.Jf^! ;%'*"•( '.-'i .1.: - ■.•■•-,• 1%.' 238 INSTRUCTIONS TO CLAIBORNE.. [1810. States. W. C. C. Claiborne, Governor of the Orleans Territory, of which the said Territory is to l»e taken as part, will accordingly proceed to execute the same, afnd to exercise over the said Territory the authorities and functions legally appertaining to his office. And the good people inhabiting the same are invited and enjoin- ed to pay due respect to him in that character, to be obedient to the laws, to maintain order, to cherish harmony, and in ever}'^ manner to conduct, themselves as peaceable citizens, under full assurance that they will be protected in the^enjoyment of their liberty, property, and religion." On the same day, the Secretaiy of State sent the following instructions to Claiborne :* " As the district, the possession of which you are di- rected to take, is to be considered as making part of the Territory of Orleans, you will, after taking possession, lose no time in proceeding to organize the militia ; to prescribe the bounds of parishes; to establish parish courts ; and finally, to do whatever your legal powers, applicable to the case, will warrant, and may be calcu- lated to maintain order ; to secure to the inhabitants the peaceable enjoyment of their liberty, property, and re- ligion ; and to place them, as far as may be, on the same footing with the inhabitants of the other districts under your authority. As far as your powers may be inade- quate to these and other I'equisite objects, the Legisla- ture of Orleans, which it is understood will soon be in session, will have an opportunity of making further pro- visionsn for them, more especially for giving, by law, to the inliabitants of the said Territory, a just share in the representation in the General Assembly; it being de- sirable that the interval of this privation should not be * Annals of Congrees, by Oales & Beaton, p. 1256, 11th Congress, 8d Ses- eion. i to tlie de- be 1810.] ADOBESS TO ins FLOBIfilANS. 289 I ■A. _ prolonged beyond the unavoidable necessity of the case. * "If, contrary to expectation, the occupation of this Tenitory on the part of the United States should be opposed by force, the commanding officer of the regular troops on the Mississippi will have orders from the Secretaiy of War to afford you, upon your application, the requisite aid; and should an additional force be deemed necessary, you will draw from the Orleans Terri- tory, as will Governor Holmes from the Mississippi Territory, militia in such numbers and in such propor- tions from your respective territories, as you and Gov- ernor Holmes may deem proper. Should, however, any particular place, however small, remain in possession of a Spanish force, you will not proceed to employ force against it, but you will make immediate report thereof to this Department. ?# " You will avail yourself of the first favorable oppor- tunities that may occur to transmit to the several gov- ernors of the Spanish provinces in the neighborhood copies of the President's proclamation, with accompany- ing letters of a conciliatory tendency."* The same functionary, on the 15th of November, sent to Governor Holmes the view which the Federal Gov- ernment took of the claims of the inhabitants of West Florida to the unlocated lands in that district. " To re- press," he said., " the unreasonable expectativins therein indicated in relation to the vacant land in that Territory, it is deemed proper to lose no time in communicating to you and to Governor Claiborne the sentiments of the President on the subject. "The right of the United States to the Territory of West Florida, as far as the River Perdido, was fairly acquired l>y purchase, and has been formally ratified by treaty. The delivering of possession has, indeed, been .•S; If ij!) m-' 4 m i ill I //I' / / ) ■.- =ii;', ■•>*.« ?■*►,:! i'rV'f^K.l 9' '■■>■ ■.■%i- ■■ ■ ■ f V, "« -■ • ■ ■•-; •■•v.rt ! " • . V.,- ■■ •. : '»V ■ ■nl 240 ADDBESS TO THE FLOBIDIANS. [1810. deferred, and the procrantination has been heretofore acquiesced in by this Government, from a hope, partially indulged, that amicable negotiation would accomplish the equitable purpose of the United States. But this delay, which proceeded only from the forbearance of the United States to enforce a legitimate and well-known claim, could not impair the legality of their title ; nor could any change in the internal state of things, with- out their "^auction, however brougTit about, vary their right. It remains, of course, as perfect as it was before the interposition of the Convention. And the people of West Florida must not for a moment be misled by the expectation that the United States will surrender, for their exclusive benefit, what had been purchased with the treasure and for the benefit of the whole. The vacant land of this Territory, thrown into common stock with all th0||&ther vacant land of the Union, will be a property in common, for the national uses of all the peo- ple of th^ United States. The community of interests upon which this Government invariably acts, the liberal policy which it has uniformly displayed toward the people of these Territories (a part of which policy has ever been a just regard to honest settlers), will, never- theless, be a sufficient pledge to the inhabitants of West Florida for the early and continued attention of the Federal Legislature to theL" situation and their wants." The Secretary of State further requested Governor Holmes to keep in mind, and to inform the memorial- ists, " that the Pr^ident could not recognize in the Convention of West Florida any independent authority whatever to propose, or to form a computet with the United States." England, who was then the faithful ally of Spain, and who was engaged wiih her in that gigantic and ever memorable national struggle known as the " Peninsular t« V 1810.] OBEAT BB itain'i 8 PBOTEST. 241 War," remonstrated against the course pursued by the United States in relation to West Florida. " I deem it incumbent upon me," said Mr. Morier, Great Britain's representative at Washington, to the Secretary of State, on the 15th of December, "consider- ing the strict and close alliance which subsists between His Majesty's government and that of Spain, to express to the Government of the United States, through you, the deep regret with which I have seen that part of the President's message to Congress, in which the defermina- tion of this Government to take possession of West Florida is avowed. " Without presuming to discuss the validity of the title of the United States to West Florida (a title which is manifestly doubtful, since, according to the President's proclamation, it is left open to discussion, but which has, nevertheless, been brought forward as ond^f the pleas to justify the occupation of that province), may it not be asked why that province could not have been as fairly a subject of negotiation and adjustment in the hands of the Spaniards, who possess the actual sovereignty there, as in the hands of the i\mericans, who, to obtain posses- sion, must begin by committing an act of hostility toward Spain? " But it may be said that the Spanish forces in Mexico, in Cuba, or at Pensacola, are unequal to quell the rebel- lious association of a band of desperadoes who are known here by the contemptuous appellation of land-jobbers. Allowing as much, (which you will agree with me, sir, is allowing a great deal,) would it not have been worthy of the generosity of a free nation like this, bearing, as it doubtless does, a respect for the rights of a gallant people at this moment engaged in a noble struggle for its liberty — would it not have been an act, on the part of this country, dictated by the sacred ties of good neigh- 16 ■... Ki '^4 J^^^^:m^ ^^■^' wfm ■ !|t« -,.i,(.',.v. , W^' W%mt K |j>f| m '&i mi' m^^ mmm' «l'.. ^v:•/V^•:^E;i;• 242 OBEAT BRITAnr's PROTEST. ^ [ISIO. borhood and friendship which exist between it and 8pain, to have simply offered its assistance to crush the common enemy of both, rather than to have made such interference the pretext for wresting a province from a friendly Power, and that in the time of her adversity ? " For, allow me, Sir, to inquire how can the declaration in the President's proclamation, thatj in the hcmda of the Urited States^ that Territory will not cease to he a subject of fair and friendly adjustment, be made to accord with the declaration in his Message to Congress, (implying permanent poas^^ssion,) of the adoptioii of that people into the bosom of the Americam, fa/mily ? " The act, consequently, of sending a force to West Florida to secure by arms what was before a subject of friendly negotiation, cannot, I much fear, under any pal- liation, be considered other than as an act of open hos- tility again^ Spain. " While, therefore, it is impossible to disguise the deep and lively interest V7hich His Majesty takes in eveiy- thing that relates to Spain, which would, I am convinced, induce him to mediate between Spain and the United States on any point of controversy which may exist be- tween them, with the utmost impartiality and good- will toward both parties, I think it due to the sincere wish of His Majesty to maintain unimpaired the friendship which at this moment happily exists between Great Britain and the United States, to say that such are the ties by which His Majesty is bound to Spain, that he cannot see with indifference any attack upon her interests in America. And as I have no doubt that the Govern- ment of the U).iced States will attribute this represen- tation to the most conciliatory motives, I am induced to request, in answer to it, such explanation on the subject, as will at once convince his Majesty's Government of the pacific disposition of the United States toward his Maj- 1810.] NEW PARISHES FORMED. 243 esty's allies the Spaniards, ^nd will remove the contrary impression, which, I fear, the President's Message is likely to make." * Acting in conformity with his instructions, Claiborne had hastened to Natchez ; and, putting himself at the head of a corps of jiilitia, he marched to St. Francisville in the District of West Florida, where, on the 7th of De- cember, he hoisted the flag of the United States without opposition, and, in their behalf, took formal possession of the country. . The inhabitants cheerfully submitted to his authority, and th^ State of West Florida ceased its ephemeral existence. It was annexed to the Territory of Orleans by a special proclamation, and, by subsequent ones, Claiborne instituted in this new part of the Terri- tory the parishes of Feliciana, East Baton Bouge, St. Helena, Qt. Tammany, Biloxi and Pascagoula. From a census taken, this year, by the Marshal of the United States, according to Congressional legislation, it appears that the population of the Territory of Orleans, without counting that of these new parishes, amounted to seven- ty-six thousand five hundi'ed and fifty -six souls. .1' ■ ■*. -I ■1^ •■j- * Annals of Congress b7 Qales & Beaton, p. 1361. sion. 11th Congress, 8d ses- >£' / t I; ■"\..y. .<',sm CHAPTER VI. Claiborne's administration — proposed admission of Louisiana INTO THE union — VIOLENT OPPOSITION — DEBATES IN CONGRESS — J08IAH QUINCY's SPEECH — INSURRECTION OP NEGROES — ADOP- TION OP A STATE CONSTITUTION. 1811—1812. The course pursued by the President in relation to West Florida was as waimly approved by many, as it was bitterly censured by some, in the Congress of the United States. " If my recollection is accurate," said an orator in the Senate, who spoke in favor of the admin- istration,* " all parties had agreed we ought to have the country. They only differed as to the mode of acquir- ing it. The President, influenced by that policj' which has hitherto guided the present administration, of avoid- ing making this nation a party in the present European war, in the exercise of the discretionary power vested in him by the act of Congress passed on the 24th of Feb- ruary, 1804, which had solemnly asserted our right to this Territory, and authorized the President to take pos- session of it, and establish a port of entry on the Mobile, whenever he should deem it expedient, did not think proper to seize upon it by force, but to wait for the oc- currence of events to throw it into our hands without a struggle. The expediency of taking possession of this Territory cannot, it appears to me, admit of a doubt. If the President had refused or hesitated to meet the wishes * Annals of Congress. Gales & Beaton, p. 40, 11th Congress, 8d SessioD. (244) •(• '■'•kV' 1811.] DEBATES IN OONORESS. 245 of the people of West Florida, by extending to them the protection of the American Government, and if they had sought security in the arms of a foreign Power, what should we have heard ? He would have been charged with imbecility, and fear of incurring responsibility. He would have been denounced as unworthy of the station his country had assigned to him. Let it be remember- ed that the Orleans Territory is our most vulnerable part — remote from our physical force — a climate more fatal to our people than the sw ord of a victorious eneiny — and that an enemy in possession of West Florida can with great facility cut off New Orleans from the upper country. If the tortunate mon >..at had not been seized, this province would have fa\\fv lato the hands of a for- eign power ; or, if time had been giv n for intrigue to mature itself, another iiorr-plot wcuid probably have risen from the ashes of the fii'st, more formidable fo the integrity of this empire. Burr, like Archimedes, fancied that if he had a place to stand upon — a place be^'ond the jurisdiction of the United States to rally his tollowers, he could overturn the Government. He has, it is true, fled from the frowns of an indignant country, but he was not alone. Let an opportunity be afforded, and a thousand Burrs would throw off the mask and point their anna 8, ^inst the Federal Union." Referring i - the President's proclamation, which has already been recorded in the pages of this History, another orator opposed to the administration exclaimed : " Thir proclamation is not only a declaration of war, but it is an act of legislation, too. It annexes the tevritory in question to the Orleans Territory : it creates a Gov- ernor ; it enacts laws, and appropriates money ; it gives the Governor of the Orleans Territory all the authorities and frmctions over this paHicular territory which he pos- sesses by virtue of his office as Governor of the former." M\ *'SS tM' I' n" ■' r ■'■' ' . • \'">W<~ ' ■ ■'HI -w;C- • ;>'i*.^*;'L*'* ■^•'■■■'■1 \1 • ^<^•^ :^.^*^.•\ ■JX.: ■".■,-■■■■•;"•*. 'W'i -v-^-Vi i^al^ 246 DEBATES m CONdEESS. [1811. V After having argued that the President had no power under the Constitution to issue that proclamation, he said : ** What has Spain recently done to provoke this act of aggression upon her territory' ? What new offence has she given ihe* United States? Is it her determina- tion to resist the usurpation of France, or is it, that she has lately sent a minister to express her friendly dispo- sition to treat with you for both the Ploridas, and pay what she owes us for spoliations? Do you calculate that France will conquer Spain ? This, in my humble opinion, she will not do. France is not now contending with an aimed soldiery, but she fights an armed people — a people struggling for their liberty, their religion, and their laws, and resolved not to survive them. With such a cause, and such a resolution, neither France nor the combined powers of the earth can subdue them. What ai*e to be the consequences of this measure — a measure adopted at a time particularly calculated to e.'icite the resentment of Spain and her allies — at a time when that nation is pressed on all sides by its enemy, when its strength is prostrated, when it bleeds at every pore and is almost in the act of fainting ? What are we to ex- pect but its indignation and retaliation ?" He concluded his remarks as follows : " The honorable gentleman from Kentucky has told us that Europe is now in a state of barbarism, and has emphatically ask- '»d : Are i/)€ to sit here mid ca/vil about questwm of right ? What if Eui-ope has become barbarous ? Is that a rea- son why Americans should become so too — ^why we should depart from the great system of conduct which has been the pride, the safety and the boast of our coun- try — of faith— of justice — of peace? Is t^ is a reason why we should violate our treaty with Spain — ^not one of those barbarous powers — ^but one of the victims of those powers ? Is this a reason why we should commit 1811.] MB. MILLEB's speech. 24r an act of injustice and violence toward a people who have proifered you their friendship ? Is this a reason why we should embroil the nation in war?" Notwithstandinpr this acrimonious opposition, the Pres- ident was firmly sustained by a large majority. On the 4th of January, the House of Reprtisentatives in Congress assembled, having resolved itself into a Com- mittee of the Whole on the Bill for admitting the Terri- tory of Orleans into the Union as an independent and sov- ereign State ; lengthy discussions ensued, and a violent opposition was made to the Bill on constitutional grounds, and on grounds of policy. It was maintained, among many other reasons given, that the Territory of Orleans was not within the limits of the United States when the Constitution was adopted, and therefore could not be in- corporated into the Union of those States ; that the popu- lation of the Territory was not sufiiciently numerous ; and besides, that it was not American in its feelings. " Without intimating," said Mr. Miller, " how far this last consideration may have influence on my mind, under the circumstances in which that country has been lately placed, I cannot, however, but remark that it is natural for man to carry his feelings and prejudices about him. I was born in Virginia, and I have not yet lost some of my Vii'ginia feelings, notwithstanding an absence of fif- teen years, and I cannot see why we should expect the people of New Orleans to act and feel differently from other people, more particularly when the French nation is towering flo far above the other nations of the earth. They will have a sacred pride in theii* glory, they will have some attachments, to what extent I cannot say. But, inasmuch as we know that, if we send Paddy to Paris, Paddy he will come back, the idea is certainly not unworthy of our consideration. ''' n " The bill on your table has another feature of some I;; PI U i •■i *l IP" . ;il<' iiliip m ■Mr '■'^'••■'■^»^' "■>■■•.■ Sir' '■ ' •s- *..;;■ ■r--' . i ■ 'if i •,.■.:' ■ V .^ •>:.'■ *■ ' r'J ■ '■"' ■ '■.'■,' -i^xy- ■ '.y .'- ■•«•.■ '■ 248 t MB. BHEA's 8PEE0H. [1811, weight with me in relation to its policy. You propose to do them a favor by granting them admission to the rank of the other States before they can legally demand it, and, ii.t the same time, you propose terms beyond which they cannot go. This resembles very much a polite in- vitation to walk in, but under an injunction to see that your feet are well cleaned, and yom* toes turned out. It is a niggardly sort of policy that I am sorry to see en- grafted in the bill. If you design to be liberal, be so ; do not destroy your liberality by an ungenerous senti- ment. " Again, there are objections to the bill as presented, that render it impossible for me to give it my sanction. It will be seen that the bill proposes to annex that por- tion of West Florida in dispute between this and the Spanish Government, to the State to be formed out of the Territory of Orleans. The President has declared to the world that this portion of the country,4n our hands, shall be subject to mutual arrangements hereafter to be entered into between the two governments. But, once annex it to a State, and the power to negotiate ceases. What power have we to negotiate about the territory of any of the States ? We have none." Mr. Khea, of Tennessee, observed in reply : *' It has been with extreme regret that I have heard so often, and upon so many former occasions, as well as in the present debate, the charges of French influence and disaffection to this Government, made either in express terms, or else intelligibly insinuated, against the people of New Orleans. Suffer me to ask where are the evidences to support these imputations? Certainly not before the House. Gentlemen may have received from extraneous sources such impressions on their own minds. But if we examine the history of these people since their con- nection with us, abundant testimony will be found, not h-L 1811.] JOSIAH QUINCY's speech. 249 only to exonerate tbem from the charge of disaffection, but to demonstrate their fidelity to the American Gov- ernment. When, on the acquisition of that country, the most radical innovations upon its laws, customs, usages, and civij proceedings were introduced, these people peace- ably submitted, without any symptom of insurgency. Whert* they saw many of their dearest rights endangered, or prostrated by new and imprudent modes of judicial proceedings, and by the chicanery of desperate adventur- ers, they made no unlawful appeals for redress." On the 14th of January, the subject was resumed in the House of Representatives, and met with the same unrelenting opposition. Josiah Quincy, one of the fa- vorite sons of Massachusetts, and one of the ablest and most influential men of that State, rose, and thus gave vent to his feelings, with more than his usual emphasis of manner : " I address you, Mr. Speaker, with an anxiety and distress of mind with me wholly unprecedented. The friends of this bill seem to consider it as the exer- cise of a common power — as an ordinary affair — ^a mere municipal regulation, which they expect to see pass with- out other questions than those concerning details. But, Sir, the principle of this bill maiterially affects the liber- ties and rights of the whole people of the United States. To me, it appears that it would justify a revolution in this country ; and that, in no great length of tinie, it may I»roduce it. When I see the zeal and perseverance with which this bill has been urged along its parliamentaiy path, when, I know the local interests and associated projects which combine to promote its success, all oppo- sition to it seems painfully unavailing. I am almost tempted to leave, without a struggle, my country to its fate. But while there is life, there is hope. So long as the fatal shaft has not yet been sped, if Heaven so wills ■J' Si! s I n !>'■■■ ■:i! m Jl'f ^ ■ r ^: ■:, : .'jiii' ¥ .■{B»*"'>'^!.:v^;,?.-!;.,'^'' III "I I & ti--. A i- ■*..■■ ■••■• -250 JOSIAH QUINCTS SPEECH. [1811. it, the bow may be broken, and the vigor of the mischief- meditating arm withered. " If there be a man in this House, or nation, who cher- ishes the Constitution unaer which we are assembled, as the chief stay of his hope, as the light which is destined ' J ghidden his noonday, and to soften even the gloom of the grave, by the prospect it sheds over his children, I fall not behind him in such sentiments. I yield to no man in attachment to this Constitution, in veneration for the sages who laid its foundation, in devotion to those principles which form its cement and constitute its pro- portions. What then must be my feelings — ^what ought to be the feelings of a man cherishing such sentiments, when he sees an act contemplated which lays ruin at the root of all these hopes ; when he sees a principle of action about to be usurped^ before the operation of which the bonds of this Constitution are no more than flax before the fire, or stubble before the whii'lwind ? When this bill passes, such an act is done, and such a principle usurped. "There is a great rule of human conduct, which he who honestly observes, cannot err widely from the path of his sought duty. It is, to be very scrupulous concerning the principles you select as the test of your rights and obli- gations ; to be very faithful in noticing the result of their application ; and to be very fearless in tracing and expos- ing their immediate effects and distant consequences. Un- der the sanction of this rule of conduct, I am compelled to declare it as my deliberate opinion, tha.tj if this biUpasHb^., the honda of the Union are virtually dissolved ; that the States which compose it are free from their moral obliga- tions^ a/nd that^ as it will be the right of all, so it will be the duty of som£^ definitely to prepme for a sepa/ration, amicabl/y if they caan^ violently if they musty < Mr. Quincy was here intOTPupted and called: to order ,R...S..,' i 1811.] JOSiAH Qm^OY'S SPEECH. 251 by Mr. Poindexter, fhe delegate from Mississippi, but with a loud voice, and more accentuated intonatior he repeated thfe remarks which he liad made ; he justified and vindicated their propriety and correctness ; and, to save all misapprehension, and secure their being preserved for- ever, he fearlessly committed them to writing and hand- ed the pa|)er to the Clerk of the House. This language and the other features of this incident, extraordinary as they were, produced only a Utile ww/'^^ sww, according to the report of the debates.* Mr. Poindexter required the decision of the Chair whether it was consisteirt with the propriety of debate to use such expressions. He said it was radically wrong for any member to use argtiments going to dissolve the Government, and tumble their body itself into dust and ashes. The question he wished to propound to the Chaii* was this : " Whether it be competent in any member of this House to invite any portion of the people to insur- rection, and, of course, to a dissolution of the Union ?" " And I," i-eplied Mr. Quincy, " will make this question : Is it not the duty of a member to state the consequences of a measure which appears injurious to him ? And the more pregnant the measure is with evil, is not the duty of stating it the more imperious ?" The Speaker decided that a great latitude in debate was generally allowed ; and that, by way of argument against the bill, the first part of the gentleman's observation was admissible; but that the latter member of the sentence, that it would he the duty of stmie /States to prepare /w a separation^ am- icaUy if they can, violently if they must, was contrary to the order of debate. Mr. Qoincy having appealed from this decision, and required the yeas and nays on the appeal, the decision of the Chair was reversed, and, therefore, the obscrvatioha « Annals of Cangreas, Gales & Seaton, p. S2S, flth Congress, 8d Session. MS r'i': f\ V 'lit P. "^msB 252 JOSIAH QUTNCT's speech. [1811. 1811.] -»-:v^.<>' ■•vo.xv. of tlie orator declared to be in order. With a face beam- iug with satisfaction, and witli iin exulting tone and manner, he resumed Iub sj-ereh, in tLc course of which he said : " The bill which '\a aow pro|)0--ad to be passed has this assumed princij)le fe altogether with- out any sanction in the Constitution. I declare it to be an atrocious and manifest usurpation of power ; of a na- ture dissolving, according' to undeniable principles of moral law, the obligations of our national compact ; and leading to all the awful consequences which flow from such a state of things. " Touching the general nature of the instrument called the Constitution of the United States, there is no obscu- rity — ^it has no fabled descent, like the Paliadiuia of ancient Troy from the heavens. Its origin is not confu- sed by the mists of time, or hidden by the darkness of past unexplored ages ; it is the fabric of our day. Some now living had a share in its construction — all of us stood by and saw the rising of the edifice. There can be no doubt about its nature. It is a political compact. By whom, and about what ? The preamble to the in- strument will answer these questions. " We^ the pejple of the (Inited States^ m order to form a more perfect union, estahUsh justice, msfwre domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of Uberty to oursehes and our posterity, do ordain a/nd establish this OonsUtution for the United States. "It is, we, the people of the United States, for ourselves and o'i for th< these < ces on] it may our in wande] earth, \ this ph terms i of thinj • • "As power i a consec the forn ing mor< the inst give awJ the origi found, t tution. • . "Hav at will, 1 tively se ing, at] limits of tion mer the prim whole sj whole ex theatre i exercisini IS no coni ■> • • •-.■ -*■♦>; ' .■ .'.1. ' .'■■•Wy^ 1811.] josiAH Qumor's speech. 263 and our posterity^ not for the people of Louisiana, nor for the people of New Orleans, or of Canada. None of these enter into the scope of the instrument. It embra- ces only the United States of America. Who those are, it may seem strange in this place to inqui 'e. But truly, our imaginations have, of late, been so accustomed to wander after new settlements to the very end of the earth, that it will not be time ill-spent to inquire what this phrase means, and what it includes. These are not terms adopted at hazard ; they have reference to a state of things existing anterior to the Constitution. • •••••••••• " As the introduction of a new associate in political power implies, necessarily, a new division of power, and a consequent diminution of the relative proportions of the former proprietors of it, there can, certainly, be noth- ing more obvious than that, from the general nature of the instrument, no power can result to diminish, and give away to strangers, any proportion of .the rights of the original partners. If such a povver exist, it must be found, then, in the particjular provisions of the? Consti- tution. . . . . . . • . • • • • t •• * • • •* " Have the three branches of the Government a right, at will, to weaken and outweigh the influence respec- tively secured to each State in this compact, by introduc- ing, at pleasure, new partners situate beyond the old limits of the United States ? The question has no rela- tion merely to New Orleans. The great objection is ta the principle of the biU. If this bill be admitted, the whole space of Louisiana, greater, it is said, than the whole extent of the old United States, will be a mighty theatre in which this Government assumes the right of exercising this unparalleled power ; and it will be ; there is no concealment ] it is intended to be exercised. Nor I'h iiii'r ;iii. I'i tlV. Pi w Ki^ Pyl-T ^ #' m w® 1^ i^' ImS ^ffnfr'^ m m^ 11 Wt '^H 1*5 MiSm fl^j^ m m ^Paju^jM mi' lie K aJSi ill' JriS?ftBit'i'¥'-' • •■■ >'■!• '.'• ■■-■. Ny' * f 254 josun quiitot's speech. [1811. will it stop until the very name and nature of the old partnei'S be overwhelmed hy new-comers into the Con- federacy. The question goes to the very root of the power and influence of the present members of this Union. . *^ This is not so much a question concerning the exer- cise of sovereignty, as it is who shall be sovereign — whether the proprietors of the old United States shall manage their own affairs in their own way, or whether they, and their Constitution, and their political rights, shall be trampled under foot by foreigners, introduced through a breach of the Constitution. The proportion of the political weight of each sovereign State constitut- ing this Union depends upon the number of the States which have a voice under the compact. This number the Constitution permits us to multiply at pleasure with- in the limits of the original United States, observing only the expressed limitations in the Constitution. But when, in order to iicrease your powers of augmenting this number, you paas the old limits, you are guilty of a vio- lation of the Constitution in a fundamental point, and in one also which is totally inconsistent with the intent of the contract, and the safety of the States which estab- lished the association. What is the practical difference to the old partners, whether they hold their liberties at the wOl of a master, or whether, by admitting Exterior States on an equal footing with the original States, ar- biters are constituted, who, by availing themselves of the contrariety of interests and views which in such a con- federacy necessarily will arise, hold the balance among the parties which exist and govern us, by throwing themselves into the scale most conformable to their pur- poses ? But the last is the. more galling, as we carry the ohran in the name and garb of freemen. . . ;?v 1811.] JOSIAH QUINOY's speech. 255 '^ But, says tHe gentleman from Tennessee (Mr. Rhea), these people have been seven years citizens of the United States, I deny it. As citizens of New Orleans, or of Louisiana, they never have been, and by the mode pro- posed they never -will be, citizens of the United States. They may be girt upon us for the moment, but no real cement can grow from such an association. What the real situation of the inhabitants of these foreign coun- tries is, I shall have occasion to show presently. But, says the same gentleman, if 1 have afarm.^ have I not a right to pv/rchase another faiitn in my neighborhood^ a/nd settle my sons \vpon it^ a/nd in time admit them to a sha/re in the man,agement of my hovseholdf Doubtless, Sir. But are these cases parallel ? Are the three branches of this Government owners of the farm called the United States ? T thank Heaven that they are not. I hold my life, liberty, and propei-ty, and the people of the State from which I have the honor to be a representative, hold theirs, by a better tenure than any this National Govern- ment can give. Sir, (addressing the speaker,) I know your virtue, and I thank the Great Giver of every good gift, tha+ neither the gentleman from Tennessee, nor his comrades, ncfi- any, nor all the menilfbers of this house, nor of the other branch of the Legislature, nor the good gentleman who lives in the palace yonder, nor all com- bined, can touch these my essential rights, and those of my Mends and constituents, except in a limited and pre- scribed form. No. We hold them by the laws, customs, and principles of the Commonwealth of Massachusetts. Behind her ample shield we find refuge, and feel safety. I beg gentlemen not to act upon the principle that the Commonwealth of Massachusetts is their farm. ^' But the gentleman adds : What shall we do if we do not admit the people of Louisiana into ov>r Union — our children are settHng that eotmtry f Sir, it is no concern it. if 'ijl :l: MP ,1 ■ m: V '4'^^ i.i';:--;-'"- sA' 256 JOBIAH QUINOT'b SPEEOH. [1811. >,ij. ■ •. '^ >" 'if J, - l^>'.' of mine what he does. Because hia children have rnn wild and uncovered in the woods, is that a reason for him to break into my house, or the houses of my friends, to filch our children's clothes, in order to clothe his chil- dren's nakedness ? This Constitution never was, and never can he strained, to lap over all the wilderness of the. West, without essentially affecting both the rights and convenience of its real proprietors. It was never constructed to form a covering for the inhabitants of the Missouri, and the Red River country ; and whenever it is attempted to be stretched over them, it will rend asunder. I have done with this part of my argument. It rests upon this fondamental principle, that the pro- portion of political power subject to the internal modi- fications permitted by the Constitution, is an inalienable, essential, intangible right. When it is touched, the fab- ric is annihilated. For on the preservation of these proportions depend our rights and liberties. • •• • •'• • •••• " The debates on the Constitution will show that the effect of the slave vote upon the political influence of this part of the country, and the anticipated variation of the weight of j^ower to the West, were' subjects of great jealousy to some of the best patriots in the North- ern and Eastern States. Suppose then that it had been distinctly foreseen that, in addition to the effect of this weight, the whole population of a world beyond the Mississippi was to be brought into this and the other branch of the Legislature, to form our laws, control our rights, and decide our destiny ; can it be pretended that the patriots of that day would for one moment have listened to it? They were not madmen. They had not taken degrees at the hospital of idiocy. They knew the nature of man, and the effect of his combinations in political societies. They knew that when the weight « , »**■■■■ 181 ] JOSIAII QUINCYrt SPEECH. 257 I, of pai'ticular sections of a confederacy was greatly un- equal, the resulting power would be abused ; that it was not in the nature of man to exercise it with moder- ation. The very extravagance of the intended use is a conclusive evidence agaiust the possibility of the grant of such a power as is here proposed. Why, Sir, . I have already heard of six States, and some say there will be, at no great distance of time, more ; I have also heard that the mouth of the Ohio will be far to the Eai^t of the centre of the contemplated empire. K the bill is passed, the prin- ciple is recognized. All the rest are mere questions of ex- pediency. It is impossible that such a power be granted. It was not for those men that our fathers fought ; it was not for them this Constitution was adopted. You have no authority to throw the rights and liberties and prop- erty of this people into a hotch-pot with the wild men on t^G Missouri, nor with the mixed, though more re- spectable race of Anglo-Hispano-Gallo-Americans who bask on the sands at the mouth of the Mississippi I make no objection to them from the want of moral qual- ities, or political light. The inhabitants of New Or- leans are, I suppose, like those of all other countries, some good, some bad, some indifferettt. ; I I; J: m i s "iv ;.^»* m " I will add only a few words in relation to the moral and political consequences of usurping that power. I have said that it wo aid be a virtual dissolution of the Union ; and gentlemen express great sensibility at the eicpression. The true source of terror is not the dec- laration I have made, but the deed you propose. Is there a moral principle of public law better settled, or more conformable to the plain suggestions of reason, th&n that the violation of a contract by one of the parties may be considered as exempting the other from its obli- gations ? Suppose, in private life, thirteen form a part- 17 .'i f^ I ^f / 258 J08IAH i.i"'.Sr\S apEEcn. 11811. l/V ■..■.■f'''5'ir: Uj'^ fv,.''.' ■•■,•71 ■■ ■'^■'^.■'■iS'- *.V .'i ."".Ik'- '■ '■'■ nership, and ten ol' them undertake to admit a new partner without the concurrence of the other three, would it not b^ at their option to abandon the partner- ship after so palpable an infringement of their rights ? How much more in the political partnership, where the admi^ion of new associates, without previous authority, is so pregnant with obvious dangers and evils ? Again, it is settled as a principle of morals, among writers on public law, that no person can be obliged beyond his intent at the time of the contract. Now, who believes, who dares assert that it was the intention of the people, when they adopted this Constitution, to assign eventu- ally to New Orleans and Louisiana a portion of their political power, and to invest all the people those exten- sive regions might hereafter contain, with an authority over themselves and their descendants? When you throw the weight of Louisiana into the scale, you de- stroy the political equipoise contemplated at the time of forming the contract. : "Do you suppose the people of the Northern and Atlantic States will, or ought to, look on with patience imd see Representatives and Senators from Red River and Missouri, pouring themselves upon this and the other floor, managing the concerns of a seaboard flfteen hundred mUes at least £roin their residence, and having a pi-eponderancy in councils, into which, constitutionally, they could never have been admitted ? I have no hesi- tation upon this point. They neither will see it, nor ought to see it, with content. It is the part of a wise man to foresee danger, and to hide himself. This great Usurpation which creeps into this House under the plausible appearance of giving content to that important point, New Orleans, starts up a gigantic power to con- trol the nation. . . . . ^ . , , . parta The with purei in prese we ci secur from inth arefi Whe: the othei soonc * *Wf 1811.] josiiH quincy's bpeeoh. is apil " New States are intended to be formed beyond tlie Mississippi. There is no limit to men's imaginations on this subject, short of California and Columbia Kiver. When I said that the bill would justify a revolution, and would produce it, I spoke of its principle and its practical consequences. To that piinciple and those consequences I would call the attention of this House and nation. If it be about to introduce a condition of things absolutely insupportable, it becomes wise and honest men to anticipate the evU, and to warn and pre^ pare the people against the event. The extension of this principle to the States contemplated beyond the Mississippi, cannot, will not, ought not to be borne ; and the sooner the people contemplate the unavoidable result, the better ; the more likely that convulsions may be prevented ; the more hope that th^ evils may be palliated, or removed. " What is this liberty, of which so much is said ? Is it to walk about this earth, to breathe this air, and to partake of the common, blessings of God's providence ? The beaSkS of the field and the birds of the air unite with, us in such privileges as these. But man boasts a purer and more ethereal temperature. His mind grasp& in its view the past and the future, as well as the presents We live not for ourselves alone. That whicb we call liberty, is that principle on which the essential security of our political condition depends. It results from the limitations of our political system prescribed in the Constitution. These limitations, so long as they are faithf^jilly observed, maintain order, peace and safety. When they are violated in essential piixticulars, all the concurrent spheres of authority rush against each other, and disorder, derangement and convulsions are, sooner or later, tbe necessary consequenc^. .« j "With respect to this loyp of our Union, concerning 4 %.^.- 260 JOSIAH QUINCY's 'SPEECH. [1811 ifrt m^ "M-i-h F#4i?---' :^■?-'^■^* I . ■ ■ ••ii K ■■.•.;*■.. w. • •'»'.■■ ■i"' wLicli so much sensibility is expressed, I have oo fear about analyzing its nature. There is in it nothing of mystery. It depends upon the qualities of that Union, and it results from its eifeets upon our, and our coun- try's, happiness. It is valued for that sober certainty of wahing hliss which it enables us to realize. It grows out of the affections, and has not, and cannot be made to have, anything universal in its nature. Sir, I confess it; the first public love of my heart is the Common- wealth of Massachusetts. There is my fireside ; there are the tombs of my ancestors. " Low lies that land, yet blest with fruitful stores, Strong are her sons, though rocky are her shores ; And none, ah I none, so lovely to my sight, Of all the lands which Heaven o'erspreads with light.*' " The love of this Union grows out of my attachment to my native soil, and is rooted in it. I cherish it be- cause it affords the best external hope of her peace, her prosperity, her independence. I oppose this bill from no animosity to the people of New Orleans, but from the deep conviction that it contains a principle incompatible with the liberties and safety of my country. I have no concealment of my opinion. The bill, if it passes, is a death-blow to the Constitution. It may afterward, linger ; but, lingering, its fate will at , no very distant period be consummated." Mr. Poindexter, in reply, maintained the constitution- ality of the bill* in all its bearings and features. As to its expediency, or policy, he observed : " But it is said that the rights of State sovereignty ought to be with- held from the people of the Territory of Orleans, be- cause a majority of the population is composed of emi- grants from Fiance, and the descendants of Frenchmen ; that among these, there exists a predominant attach- f 1811.] poindextee's speech. 261 ment to tlie government of France. I shall not attempt to controvert the fact, that there are individuals of wealth and influence in that Territory, who from early habits and education have imbibed a strong predilection for French laws, customs and manners. No lapse of. time, no change of situation, can obliterate the impres- sions whicl -ie mind receives from early precept And exr* ample,, Is it to be expected that a people whose laws and usages, from time immemorial, have been materially different from those which constitute the rule of con- duct in this "ountry, and whose ignorance of our politi- cal institutions results from the very nature of the gov- ernment under which they have lived, can suddenly transfer their affections from that system of j'lrispru- dence which has been handed down from their ancestors, to a government whose laws they do not understand, either in theory, or in practice ? Such a transition can- not be reconciled without the aid of practical experience, by which the blessings of our free Constitution are demonstrated in the security which it affords to the life, liberty and property of the citizen. How far the origi- nal inhabitants of Louisiana are liable to the charge of French partiality, I am not prepared to say ; but believe them to be an orderly class of society — well disposed toward the Government of the United States. Those who manifest the greatest regard for France are to be found amongst the emigrants, whoc^e views and expecta- tions carry them beyond the simplicity of a republican form of government. But while I admit the existence of French influence in that quarter of the Union to a certain extent, I cannot make it the basis on which to justify a refusal to emancipate the great body of the l^eople from the trammels of territorial vassalage. , '* From the influence of France nothing need be feared. i^m ' ■■•■■■ »'.!/. rif,v"r r'<^'.<.i.""i' • . t- • *. » ' • ■ . .'r V * ■ ' tl • ' ■*-..'.%r..-;..,, ■,...■- -i • «*^ 262 poindextee's speech. [1811, i^^H-'.iu !t':^ iiji'-. The distance by which we are separated from that great Power is a sufficient guarantee that no attempt will be made on her part to subvert our authority in Louisiana. France is not in a situation to assail us, if such a dispo- sition existed in her ruler. The want of naval power will, for many years to come, form an insuperable barrier to the introduction of a French army into the United States. But the people of the Territory of Orleans can never be prevailed on to commit their destinies to an adventurer ; they enjoy, not only the necessary comforts, but the luxuries of life in abundance ; their increasing wealth furnishes a certain pledge of future greatness. The Government of which they now fonn a component part, though in many particulars different from that in whose laws they have been educated, exempts them from the desolating storm which carries misery and distress into every region of the whole world ; and under the auspices of our mild and salutary Constitution, Jthey may lepose in full confidence that their political connection will not depend on the whim or caprice of the tyrants of Europe, It cannot be forgotten that, in the situation of colonies, they were bought and sold like herds of cattle, at the will of foreign nations, without regard to their feelings or wishes. With these insuperable ties on the allegiance of the people of the Temtory of Orleans, I consider it an act both of justice and policy to receive them as brothers in the great American family." In relation to Josiah Quincy's threats of a dissolution of the Union, Mr. Poindexter said : " On all the great questions which have been discussed in this House for four years, a war with England and a separation of the Western States from the Union have been constantly thrown in the way to obstruct the measures of the Ad- ministration. Why these subjects have gone hand in hand, I leave gentlemen who are in the secret to explain. 1811.] MB. GOLDS SPEECH. 263 It ought not to be forgotten that, on a proposition to re- peal the embargo, at a time when its eflfecta were sevei'ely felt both in Great Britain and her colonies, the gentleman from Massachnsetta told ns that the people of New Eng- land were prepared for insurrection and revolt, unless that measure of resistance to the aggressing belligerents was relinquished ; and, contemporaneously with these opinions uttered on the floor of the House of Represent-^ atives, the British Minister, resident in the United States, made a confidential communication to his Grovernment, in which a dissolution of the Union was deemed a prob-* able event, should the commercial embarrassments of this country continue. From whom that Minister received his infi^rmation, no gentleman acquainted with the history of that transaction can doubt." Mr. Gold sided with Josiah Quincy in the main points of his arguments, and even justified the language which that distinguished member of the House had used, when recommending a dissolution of the Union, should the Bill pass. He said : " In the Parliament of Great Britain, a country so often stigmatized on this floor, will be found examples of f>c{^ debate fully equal in ardency, vehe- mence and iuvtiotive to all that fell from the eloquent member from Massachusetts. We have there witnessed the old Earl Chatham, at a crisis all important to the British Empire (the commencement of the great contest for American rights), sounding the alarm at the measures of administration; pronouncing the war in America founded in wrong and injustice, and arraigning the known favorite measures of the King in a strain of angry and terrible invective that can scarce find its parallel in the English language. Shall this House, in all the fullness of freedom secured by the Constitution, be afraid to follow such examples ? It is here, Sir, on this floor, that free debate is consecrated. Here different •IT ■.-■;> ^A^ ';. '' »)■'<" , * ' ■■■. ■ ^T '. ^ ■> ' ••' "-'■" "/ - ■1 . ■'•'v ■ 264 A CONVENTION CALLED. [1811. opinions are to mingle in conflict. To repress this free- dom^ would touch the vital piinciples of the Constitution." After animated debates prolonged thrcugli many sit- tings of the House, the Bill passed at last by a vote of 11 T^as ID 36 nays, and was approved by the President on the 20th of February. By that act of Congi'ess, all free white male citizens of the United States, who had arrived at the age of twenty-one years, and had resided within the said Territory at least one year previous to the day of election, and had paid a territorial j county, or district, or parish tax ; and all persons having; in other respects the legal qualifications to vote for Representatives in the General Assembly of the said Territory, were authorized to choose Representatives to form a Conven- tion — \^hich Representatives were to be apportioned amongst the several counties, districts, and parif hes in the said Territory of Orleans, in such manner- en the Legislature thereof should direct: The number of Rep- resentatives ^. did not exceed sixi;y. The election for those Rej. ssentatives was to take place on the 3d Mon- day of ^^ptember, and the members of the Convention were aut'. orLaed to determine by a majority of the whole number elected, whether it was expedient or not, at that time, to form a Constitution and a State Government ; and, in case of a vote in the affirmative, then the Con- vention was, in like manner, to declare that it adopted the Constitution of the United States, whereupon the Convention was authorized to form a Constitution and a State Government for the people of said Territory. The conditions annexed to this grant of authority were : That the Constitution should be republican, and consistent with the Constitution of the United States ; that it should contain the fundamental principles of civil and religious liberty ; that it should secure to the citizen the trial by jury in all criminal cases, and the privilege 1811.] CONDITIONS OP ADMISSION AS A STATE. 265 of the writ of Habeas Corpus conformable to the pro\^8- ions of the Constitution of the United States ; that the laws enacted by the new State should be promulgated, and all its records of every descriptioji preserved, and its judicial and legislative written proceedings conducted, in the language in which the laws and the judicial and legislative proceedings of the United States were pub- lished and conducted ; that the said Convention should provide by an ordinance, irrevocable without the consent of the United States, 'that the people inhabiting the said Territory agreed and declared that they forever disclaimed all right or title to the waste or unappropriated lands lying within the said Temtory ; that the same should be and should remain at the sole and entire disDcsition of the United ^ta,t:es ; that each and every tract of land sold by Congress should remain exempt from any tax laid by order or under the authority of the State for any purpose whatever, for the term of five years from and after the respective days of the sales thereof ; that the lands belonging to citizens of the United States residing without the said State should never be tazed higher than the lands belonging to persons residing therein ; and that no taxes should be imposed on lands the prop- erty of tL*^ United States ; and that the River Missis- sippi, and the navigable rivers and waters leading into the same, or into the Gulf of Mexico, should be common highways and forever free, as well to the inhabitants of the said State as to other citizens of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State. The 4th Section of the Act declared that, in case the Constitution for the State to be created should not be disapproved by Congress at their next session, che said State should be admitted into the Union upon the same footing with the original States. , ■Tm3g . W.f.i •■'■ .-'' V •.'''.'. ••,>'-^ i:-'^M ■•w;> ■■•-■■■ •'.. ■ :■ . ■■:•.. -'''I |- vlf .V ■• , .■■>' ■ :-i'"l r- ■■.■ - i- ■. . .'. .•;,.? .» . «' !-.; I"- !■■■ I * ".}#'•:, '•^.^.;-!<;' .T-r:'VS ';:V-1 ,<>3 m' ^.K'^tv!: 'vvC-l.i^.'- .l.-^.j'^. K^i. :'■; *,^v »»'.'. '■ . •■■■'•;>;■■■. iv*;.*.- • .■,;--1.' >>^ ['-'••;.• V 'v, ■.'.,'►;';■■ •■ ' ... ..■b.i. ; s, ^•'. ■" •»#..■>', " .■*■■ . >!-■.■,. ■ ' ■ • < ■ -hlA ■ ■ ■ > V ,.■•.•. ■■ if ^ 266 INSUERECTION OF NEGROES. [1811. It was provided in the 5 th and last Section, that five per cent, of the net proceeds of the sales of the lands of the United States after the first day of January, should be applied to laying out and constructing public roads and levees in the said State, as its Legislature might di. rect.* The Territorial Legislature had met early in January, but had been prorogued by the Governor until the fourth Monday of the month, on account of an insurrection of negroes which had broken out in the Parish of St. John the Baptist, on the left bank of the Mississippi, about thirty-six miles above the city of New Orleans. They marched along the Avar toward the city, divided into companies, each under an officer, with beat of drums and flags displayed, compelling the })lacks they met to join their disorderly crew, and before they could be checked, tbey set fire to the houses of four or five plantations.f Most of the planters, being apprised by their own slaves of the coming danger, had fled with their families. One of them, named Trepagnier, contented himself with sending to a place of safety his wife and children, but, deaf to their entreaties, remained at home for the protec- tion of his property. Having provided himself with several fowling-pieces which he loaded with buck-shot, and having taken his stand on a high circular gallery .-^hich belted his house, and from which he could see at a distance he awaited calmly the coming of his foes. In a short time, Bacchanalian shouts announced their ap- proach, and they tumultuously made their appearance at the front gate which led to he planter's residence. But at the sight of the double-ban-eled gun which was leveled at them, and which they knew to be in the hands of a most expert shot, they wavered, lacked selt-sacrific- * See the Act itself, in the Appendix. f Martin's History of Louisiana, p. 300, vol. 2. 1811.] TBB NEGROES DEFEATED. 267 mg devotidii Id acconiplisli their end, and finally passed (Jn, after lia\'ing vented their disappointed wrath in fear- ful shrieks and demoniacal gesticulations. Shaking at the planter their fists, and whatever weapons ihey had, they swore soon to come back for the pui*pose of cutting his throat. They were about five hundred, and one sin- gle man, well armed, kept them at bay. This incident, among many others, shows how little that population is to be dreaded, when confronted by the superior race to whose care Providence has intrusted their protection r.nd gi'adual civilization. The misguided negroes, who had been deluded into this foolish attempt at gaining a position in society, which, for the welfare of their own race, will ever be de- nied to it in the Southern States of North America, as long as their white population is not annihilated or subjugated, were soon encompassed by a strong body of militia, backed by regulars under Major Milton, who had come down from Baton Eouge, and General Hamp- ton, who had hastened up with those under his command in New Orleans. To attack was to rout the blacks; they fled in every direction with wild cries of despair, leav ing sixty-six dead bodies on the field. Most of the prisoners were hung on the spot ; sixteen were sent to the city for trial. The iugitives had taken shelter in the neighboring swamps, where they could be pursued but with extreme difficulty. Many of them, however, had been dangerously wounded, and every day corpses were discovered by the pursuers. The wretches sent to New Orleans were immediately tried and convicted. As it was intended to make a warning example of them, their heads were placed on high polt« above and below the city, along the river,* as far as the plantation on which the revolt began. The ghastly sight spread terror far ■•"■ * Maxtin'B History of Louisiana, p^ 801, vol. 3. «■*•■ '#.1 ••«■*•. • tsatfl ■ .•: ■■}■ \ - ; ■ <■;} •.■'■-r*il t^;t- M,*-; ■I" ■ tl '•>':■"*• •) . *• m 5/? ■ f i V ; Kiwc 268 LIVINGSTON AND FULTON. [1811. and wide, and ftirther to insure tranquillity and to quiet alarm, a part of the regular forces and of the militia re- mained on duty in the neighborhood for a considerable time. The Territorial Legislature, before its adjournment, had received official information of the passage of the act to enable the people of the Territory to form a Constitu- tion and State Government, preparatory to the admission of the new State into the Union. Congress having not as yet acted on that part of the President's proclamation which had annexed to the Ter- ritory of Orleans that portion of West Florida of which possession had been taken a few months before, its in- habitants were not authorized to elect members of the Convention for framing the Constitution. The Legislature, without loss of time, proceeded to the apportionment of the liiture members of the Convention among the Parishes, and made provision for tBe necessary expenses of ek.ction. It then adjourned in the latter part of April, after having passed several important acts, among others, one establishing two banks, the Plantei's' Bank and the Bank of Orleans, which institutions were thought to be called for by the expiration of the charter of the Bank of the United States. Another more important act was passed — more import- ant in consequence of the discovery which had led to the passage of the act — granting to Livingston and Fulton the sole and exclusive light and privilege to build, con- struct, make, use, employ and navigate boats, vessels and water-crafts, urged or propelled through water by fire or steam, in all the creeks, rivers, bays and waters what- soever, within the jurisdiction of the Territory, during eighteen years from the first of January, 1812. On the 4th of November, the Convention met in New Orleans, and after having elected Le Breton D'Orgenois &: V , N^,■ 3811.] MEETING OF TUB STATE CONVENTION. 269 president ^ro tempore^ adjourned to the 18th of the same month, when, on its meeting again, Julien Poydras was elected president, and Eligius Fromentin secretary. On taking the chair, the President returned his thanka to the assembly for the honor it had conferred on him, and then eiqpatiatod in a somewhat dithyrambic style on the happiness which the Louisianians were to expect from a popular government and from their incorporation into the Union, as members of a sovereign State. " Yes, gentlemen, I again repeat it," he said, " and ever with new enthusiasm, this government is the most perfect that the human mind has hitherto framed. It is that which has the most effectually, by wise and impar- tial laws emanating from its Constitution, secuj'ed even to the lowest of its members personal safety, the p*eace- able possession of his property, the free exercise of his faculties, of his talents and of his industry, the sacred rights of conscience, and above all, that right perhaps the most Important of all, I mean the right of freely thinking, speaking and writing, without which liberty itself would soon prove an illusion. " Is it not the summit of political felicity to be able to adopt the Constitution of the United States, as our birth- right in our quality of Americans ? Can there be anything c .7 earth more flatteriqig, more advantageous, than to see ourselves placed in the rank, and become the equals, of all the free and flourishing States of this astonishing Confederation, which is now the admiration of the uni- verse, and will perhaps one day become the model of all na- tions ? They are henceforth our friends and our brothers ; they stretch forth their arms to us, and invite us to enjoy in common with them all the advantages of liberty, which they so gloriously acquired by triumphing over their enemies at the expense of their blood, of all the pri'^ations and of all the sacrifices which the love of coun- ■»i 'W't'")' r.t, if these political crimes wore tru«, be the " a8t( confederation" which he had eulogised in a prei > aiig paragraph, and did not deserve to bo the "admiration of the universe? Would he not have drawn the inevitable deduction that the nation which, in the beginning of its career, had forgotten the com- mandments of God, and trampled on the rights of man, if the denunciations of the epoch are to be believed, would probablj' improve in iniquity as it grew older in the possession and lust of iiTcsponsible and ever-expand' ing power, and that it was not, therefore, destined by Providence " to become the model of nations ?" Let the sentiments entertained and expressed by Louisiana, in 1861, answer these questions. It is now to be hoped by every patriot that, taught by the dire lessons of the past, the Government of the United States, made more powerful by the late intestine war, will, by an enlightened, just and magnanimous adminis- tration, ever deserve the universal love of the people, and that no well-founded discontent will ever threaten its existence in the future, in consequence of such viola- tions of the Federal compact as were the cause of delug- ing the country in blood. ,,^ 0\ the next day, Mr. Watkins laid before the Cc^ven- tion a Resolution declaring it to be expedient, in the name of the people of the Territory of Orleans, that said *vl3*hS ;'?■'!),' ^''^'■^■■^:i^'-'' ■ ■■■■'■; :'V>.?i>V.v-^;.f.;&7' .'.■.V* ,t| '^•^"''/^r:^ V f IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 1^ *ii IM |22 114 11.6 Photographic Sciences Corporation 4HS ^-*^ I. V ^. as vnST MAIN STMIT «k«ltSTIR,N.Y. USM (71*)t72-4S03 'i 3 ' .1^, air ' ,.1 jei Hit," ?"^' 11^.,.. »i!t*,.r « Y>rt\r. ^ 272 PROCEEDINGS Opt THE CONVENTION. [1811. Territory bo erected into a sovereign and independent State, under the conditions and according to the provis- ions of the Act of Congress to enable the people of the Territory to adopt a Constitution and State Goveinment, as also for the admiiiiiion of the said State into th^^nion on the same footing with the original States, and that said Convention shall proceed forthwith to fonu a Con- stitution and State Government. « In the course of the debatf >on this Resolution, Messrs. Guichard, Blanque, Bernard MarignjTf Le Breton D'Or- genois, James Brown, Watkins, and Thomas Urquhart spoke in favor of it ; and against it, Messrs. Destr^han, Alexander Porter, Morgan and Hubbard. It was finally adopted by a large majority. Those who voted in the negative were : Jean Noel Destr^han,. James Dunlap, Andrew Goforth, Billy Hubbard, D. B. Morgan, Alex- der Porter and James Thibodeau.* On the 23d of November, the Convention elected by ballot a committee of seven mcmbera for tie purpose of prepaidng and laying before the Assembly the plan of a Constitution. These members were : Magruder, Brown, Blanque, Bry, Destr^han, Johnson and Cantrelle. Des- tr^han having been one of those opposed to the forma- tion of a Constitution and State Government, it is some- what surprising that he should |iave been selected to be a member of this committee. In six days the commit- tee had accomplished their work, and, on the 29th, had laid before the Convention the fruit of their labors. 1812. On the 13th of January, 1812, the Convention passed to the third reading of the Preamble of the Con- stitution, which defined the limits of the State. A mo- tion was made to add to that preamble the following amendment : '^ That the limits of the State may be so * See the Journal of the ConTention on zecord in the office of the Seeretaiy of State at Baton Rooge. 1811.] PBOdtavauM Q» ipiB oomrasnoN. 278 to ..ih»4ito I iii<|fciii|iiv#.iiii Jlgili4iifc^ mumi- a>. nays were : J. i|r.4niieii%^tf B^ B^kobMii^' j; Bi w iii | p w»> in t}ie Tmm»* M ^m:^ mimmai ^l ^.mf f ^ pe* m j :.; ' ' ."■r^:. ]!■■ their <'vote»«re liot ^eeoffckA; tti4 J«ib«»'Bi *•*-¥ irvfft'y^f. -' ■-' i .il-s^'i •'.-'- u'-tj.'.A/;i. ','\ .i •t* ^ ,« - ,-( ' mm'' m I;' \ ^;1 3 TO LOUISIANA — DEBATES IN CONtolBaS — ftMAWCABLI AVBRfflON mikiuMkk MiVMio tliij~fHiBiBA*AirtAiw. --.A i#it¥^i8ia. of ^Jil^mi^k .^m^m^^^'^fl^^^^^^ ^^^ way*f This ipeed seeiiwd a^ the tune to Ifb marvelowu, and4|0wk0lep<^pi^i«ilA^ examine the woi^eiM creation of %eg^»^ of ma^ On the Idth of M»f4iiilia^ to ellange fiir tiod% Hi |fe^ie^!» of l^efiifeisntitioi ; and tbat body Msg ^Hiidlrad^ W iitvlMd ito ^^^^^^ eiOBAt Wc^B^ikp^tr^'m^^im^l^ the Mk IfdlidfB w«iit hkio^as ttgtoleBt^to ik«w tM^^^^ Cbniriltil^oit; trail fti^| ife^ H y it. - Tke ttiaite Hm viason- ini of gee^linicfii i^|^^tM te» limi tc^ H "lluit Le^ Wto eok^lMI l^n^ "i" ^ Wliite^ >«lti«b It ^mu» not ieoM i^ib iMtiow lyefet^^b'BditiA^dMttliiifluK^ and m its i^fcaifert iti^bit» i^tft^^ It was eom- |>etent ix> 05ii0iim]i^ tm^ tiM|biBtKi- in^iMi^ it)^::^ # i lltiie sottie tegtti oii^^ *.«ii]giBiiiiy]i^^1^ of West Florida to a r^tretentatibn Itt^-tlHi^IiggiiialliiNi) of ^^llliil^ lif^wileb M tiit^ iAmf^6iBKM not lie doiii^ltlitKiiliSIji^ (i()j||il)^iweiitioB ; but, if it were luit, Im^ocmtoiiM mnnil 1^ people te Ibe iiMdnd- ed in the BteM e^Bglil to W adtoi^y t^r^MBted. He wmt into a larger i^(^^ai|^lm#ii*toiliow tbat theM wii no xllffienli^ in ^tl^Hfily. # ^ '^'ilR Oillidtm 8gaili4i)o]te k< o^|)Ontioii to tfafe amen# ment Hi eiid Hatft |>ro|kMeflHn( amiex eonditione to the ym$^oiik»Wtxt^0Kf^ 0I^^M^im its heeomkig a Bti*e,%befi thwe^imMi lio f poMtieaA hodff in i ezistenoe compelimfs to ieoipt^tiiemi «• the Oenvetttioli wMcik hud framed the Cimiiititittidil hiid )>eaii ^Hpi^vied ; that Hie people of West FkMt woM be mirepveaested; ^^nly untii the Btater €kyt«rBBiiBit ehonld ^hw oifgii^^ed ; that theinteiVal^dniingitMchtib^iimidd' be mxtigammi/A was unavoidable^ and^aflier ^f^^that beings ipthonL it was not reiy imp<^itiilit/^ fiof^^^W IkiaiiltidBed mat the proposedf iiraeiidiiQeBt ItoiiiS M'y#^pni^||^g the pm* to wiioih it was wlK^y^ioafiplilsaMf /l^t it was, in faet^ itSB^nik% to^maH a Cbn^tittkmlbftt^ people of a Stilly whese^alienflAifo i^^lt^irae to feim a Constl- tutioti^ibr thimsdves. ^1it^'#hc)iion>^pol» 'i^tet #e'iii[bHBii^toeN»^ itB ' present form, as he eonclb])bwi^|f f^^ '' A^d^prol«jMi» «}m^ IM iW #e^ ^ thai iportaoD olWitk £toiAlE^MVfVt9«i>^^^^ iiiiid»ftjpiiit of «b#^S«M» of LoiiiibiB^idU^ibcftM ike tdibtioii •# flfiHi- ton and a I^>r^iri»Dti1ii|p^tfiJ»€l«i^^ &Uiim,Mmv^»Mibw^ riglita o0 Afep- ftaBeiiklb% and ■ €qii4' j^ri/ ^g it g iw M^a^wy ii>w^^ec^*f(rifcb tbe pec^eal tho^wttiie of y^^l^^ llr. lUiaaafiptNteAt^e ibiaiid]^ ed tha |>owiy^4)o Mi wi i> ici wq^Widd aoiiditidBla^toJhofle ahsaa^ «iada ^nwnM^ J*li^ ai&OTte ^of«l^ State into «1i«,ljBio«»^ 4h«lt^i^^ laoie^^ «f$iy^aMiiliM#iai Oia^p^aflle of tM»a(iiaq;aaMi Mr. day fpdka ulti lii;v^ 6f tba^ aiii«iidmea% He o^ttU aae Ho »i# o)#BcM to ite iidfifKloB. Th^Con- , vaotbVk oCnQilaiAs^liiid JNua^^A^CkiiiitiltttioB fim ^e Stat^ in ooQ^ormity to tha law of Coogre^ iligiii)^ oaii#ii«(mll1aoiia as i^^ aiaaiiCTdv '^mm mmmn m u ^ aidftlier -^yil^Oiiili^ w i 'llllj i wtliinl^ .aa en. ■■'fi^^wjpi^jUTB^Ippp(iSH|(Piwu(P'';faf^pWMP'i^ ai^wwowcs %il4Ulll^ I .^fi ,- .•>■,',.■■■:■: i'-yu I ■*■■ •- lis 'I t 4^ *m jK'.*'..'- ^"*. •" iiA^'i. ' ■■ 280 DBBATE8 IN OOKOBSSS. [1812. rights ihaU be invoited by tlie Ltgitlftttiro, or hy a new oonventioQ to be o«Utd Sot tl|i^iirppn^ved by the Indent on the 14th ^ A^ H mmM^ that in case tlie Legislature #f ^e^pfea ef Iioi^Mmh^ shaold consent thercnte^ i^ thi^ Wa«l el i^^ia^ c^np^aded withanthe folbii^ lKmn%%.w«ts Beg^iii^ aA the junction of the IfcwrviUa lUii^ (or Ba^ ItaDhac,) with the MisfMpiii; thaiQi^iiMgj th^ wi^ Iber^^ the ttvir Aml^ aiiAi^tl^ and iNsiitchartvaim tl>^ tha mttrnm^mmA^'^i^^-^Bml River ;4hen^ i^ t^^ aastei^ llii^ch ei^£^^^ to ^' K 1818.] xNLABanouiT .or tbs state. 281 jf le along tlM old cl«gfee of llutitode to the Hi v«r MiMiiuppi ; tbeiiee down ih» Mid river to, t)M ]A|m of >M^giiiiiiiig, shail baoome and ibnii *i»rt of tlie Bwte of L^mii^imj aad b« tul^Mt 46 tlie elMMtitiiitiim And laws tWepit in tlM MtBo tauttiner, Mid fi^ all intioitfi and pirpQMB,,a»|r it had been indnded within the f^pjginit honnoafiei ^f the laid dtatfli It ftnrther enaeted^ ttMt it ihoi|)4 be Inonn^nt upon the L^gikkture ef the State of I^voyaai^ in csasa &ey ooalMnted to the uMii^otation of tie Xerrito^ afbresaid wiMr thf^r Iimili» a^ thiir iM M^M. to mk^jfjpY}B' ion by k# for tba «tpi|ilaBlia|l4Jl the aald tar^ry in the LegUktwe of ] Ihp ,Mi$, i||on tha pffn<4>l^ of the Ooaititntii% and |br apfOfipg to the ,]>eo||e of Mdd Territory equal rigjhtiipri'niegaa^fbane^te and advanta- ges wHh tfaoai enjoyed by the peoj^ c^ the otiier j>art8 of the States which lawahoiild >e jai^ to revhiion, mod- ^eatten and amendiBeiMi % 06|ig» A iemlitkii^'viii'fpaaMl by V?'^ "iJW/ V* sail ^ . .••(>v ! I- ■lii < •i' .■• f.A. „... ,^j;'-. ri* .•.-(•(.•■/•"'."'''Sie.' ' ' 282 STATl OOVEBirinurT OBOAiriZED. #|ltl2. Ik proved by the Qortmat'im thtf 81tt of Augoiti 4M«r- ing it to^ be ezpMieiit to remoTe tii« leit of goremment ftom thp dty Sf Kew Orletaft, and d^rsBting thst lome jplaoe more ooninenient be made efcoioe of m the p^rma- iMDi eail of ' fjpTermneiit Ifft tlto Btate. It fdrtbar pro- vided for the «|^pblp|ment of ^o peMoiii on the jmM; of tl^e Sena^ and three ou the part of the Hoae^ of Bepre- 8«Dtativefl^ to ezainiiie the dURsreiit places detSgnated li»r the seat of govenmient, and to reoeiTe mj piopo- litiona to be made, or douiioiia to be oAved of % fe ■i^r propv^ in thoeadltfeiMit plaineii^ with inalniietiena to report to the Genllkl AaeembW «t their next mmkm, P. R Si Martin i!|as the' iret Speaker of .the Ho«tte of Bepresentativea nnder the State Cforermnto^ and Mien Poy^rae the flret F^dent of the Senate. W. dl 0. Cnaibonie had been eleetiad Govenior of the State. It was tbld 1bes| ptooi at the aatisfiietibn given % lut pdfiijlftdstiiatten und^r the territorial Bysteai of government^ which, itflieli| had )keik ioi dbjeet of detesta. ti^ to the great mijori^ df the^poptilitioa He ap- P9intt4 ^ E Macarty to the omoe of BecMMtfyx^ State. Allan B. Magrade# and Jean Noel Bsetf^hao^ who ha^ been ineinb«rB ol th^ late CkmveilA&OKV wiere ekoted S^nitore of ^e tTnited Sti^ei ; bot Deett^hifa having re- signed before ti&ii^ h|9 Mat) and diBtDg' :the ai^oinni- ment of the^ Stfte Lii^i^Mte, 1^ Goverotar appeisted mlm plMie llt^DiM^l^^ waa^lt^ hnown in l^o^daiby at ka^t to^th^ 1^ t1bomas;,8^p^f i^^ w^ had lieMi fc e fl ia tai y ofih^^^ltoW, w^fa66Ced% f^^ had a sq^ <^ fife thousand dollars, <*l. 181fl.} WAM WOB OUAT BltlTAIir. 388 to the world tbi* war tiifCcii bctwieaiht United Stiitit and GfMt Britifai^ And Iwd MBiwittfiilA tM ffMimA ''to Hie tfcM wltole )Mid ind sftrali.iffoi of^tlie doited Sthtet to oMTj tbef iia«M bto dkek** s On tto aiit of /«l|r, CMboiMk in ^ imragnml tcl^ dreM lb Htuf I^gNMoie^ tiOdag imil ooaiidiiftioii tbe state of the ooiintry, bad Btreniicwigr xeoonuiieiided a thoiovgh ^tganiwiEbB ff the nW% whieh mitil ihen had been Uat froiikdMive. i^^^A «iav, eori(9ta,*M»e aeid, " MKPeen the Uniteft lbgdo0»]oC '^Neat Biltnn and Ireland aiid dipl|ideiN^f.Jii44«y|9iM 1^ of Ameriott. War k 7n# |l» |Mlei|.y It would' hire eitaM dbhoi^/ e^fwr^ee^ ^MnAage upon our poet^tjr^ Tkt inde^ndeiiee.of jjUMPien wae the fhiHi of ei§^t jMn . - 4«9 itself shdold h<$ pr^tred to advaince igakist an inyad* • ■.•'Bi J^^H'^i 284 AVEBSION FOB PUBLIC LIFE. [1812. '^i^mr'-%4-- vm'/: ;,»•>'■•; .■..•/■'.'•■••tti' ■. 1il I' ing fbe. Our yotin^ men shotild hasten to tihe tented fiM^ 8^d tend^ili^ tbeir services to tiie Gov«mmeiit, be in readiness to nlaivli iKt a inobent's wamifig to tlie 1 point of attack In stie^ a contest, the issue cannot be donbtfliL Iii siiidi H canse, ever^ Ameriean should make bare his boiiom. WUmfitiiHce k the iUmdardj Beaven <^ llho l4th'of Ati|^, in a message which he sent to the tiegifSiftttird, M said : '* On tnmin| my attention to the Interior of the Bt^, I p#c^ve #ith regret that, within the Pttrisl^of^ f^idana^ Biton Boog^ St. Helena, and St. ^aiiimim^r, yM<^ hA^e recently been annexed to lx>aisiatt^ the diril authority hl^l become so ; weal:ened and teh|^6d, that the laws have lost much of tfa^ infludnc^ and, in tho Faryi of fit Tammany in particnho', are scaire^ly fblt. I a^riie, therefore, that such , provisions is yoi e&tft tUi^ proper M prescribe for these ^iM^es ma^ l!^j«lii^ lidth aHoonv^ient dis- pajx^** in those days there was not the aatoe greediness for office which has siho^ became so oon^iexiiMiSy and it had fre^uMy b«^ difficult f&t ^ ]lhresid^nt of the United ^ States' and fo^ Gdveriior Olafbome to Ml suitable men, wi]^% to accept |X»li(ical #ust| or any d«l«gation of authority ftom the Gbvomment H some were tempted into it, they soon rei^neil, imd by thtt^i^ res^a- tionsin«reiifiedtlte dWoillii^'t^^ 9sj^ptAat- ing power. 'lVj|tl%fi^ fai pftl^^ rwnaihable for their re^iiei» to ittlilii t«> pi^vile !% |kiid €hd- b(^e, lit a tiiesBig^iD tio l<^8lattiTe|ll«i^iom * 1812.] A WANT OV MEN FOB OFFIOSS. 285 deuce fi-om accepting the office of jadg& I much fear thct a oontiniiatioa of thi^ re^oMm, ni^ iodaoB some other^uclgeft. to sftiro^ aod thi^ 9^ t)i^^pre8«Bt jpeiipd) when th^ diirftbi^ ol tlie pfKeiBh egiipi jyiteqi^i? ao very uncertain, I shall experience d^iioolty in filUng 8ati8&otoj% tibe vmmem wh^ exist, or s^oh aci may arise. ^V^^ a TfiMT, tlierol(M%> ti^ Jpreye^t epban'ass- ments, and the better to secure » panctuaji collection 0^^. the revenue^ I sujugest for consdfifatioii the^exp^episy of providing l^ law for the diyisian <4 thfi State ip^ four or more colleofciiw dastricta.''? On the 2d of Beftesihier, QUdJ^orae ^toed a bill, en^ titled ^ An Act j|Bf|>leiBeniai3r j^^ai^ iict to Tegolate the conditions and Ims 0^ tl^ «p^jlll(^ti$^ ^ s^^^ It must have oontdmed^vety est^qr^pi^px^iii^^ ip%- ing fiom eaidfeirWs 0^0^^ remadbed the Cbtemof, *Hhe oMfoljiF, .ti0,|pce^^^^^ min<^8ad even Jh^ lives of un^ieipii^ 4tilBen% % sab? jecting tfaem)^t®»be ^elcHuigsd % slavey t^ iprhom the bin holds out «iichlBd»06mait^thf»profiise otf ^eedom-^ as to «xp<3ite IpiM^^ serein- stanoes^ ^dr pc^i^ipaii iol;,!^^^ oSEandfinkto fmnmmf^ ^iB^km %^ wi miht fiao laws.*^ ■> ,«.«-..- 11ieiL«|^at«re M liaiiUiyii^^iiizi^W^fW^^ though pi?^#ii^^ mm^iv^^fi^^^^ meat, mi^^mSmi^^ T^t^vA pU^ y^^ to ftoviiie ,ii3^aeii^«li|»i«iir J^^ ellBCfco»,tii.f W|ib#^f^ 'fef %^|pi||||i^af ii^Pf^ % %A m?Mfi •is ,■■■<:■' <.H 1 ' .' I i ... ^'' p'i^^^i/■' :f 286 A NUMBER OF BESIONAUONS. [1812. DecemW; and tlie Senate aadHous? of Representatives, in joint m«etQ^ia8seikby«d on ih^ d&th of Hovember, choee Jufien F^p^rdfaa^ l^krnoB ^ThomftS) and: Bt^plien Ai Hopkins, IM «^MtorsKvkr, the Bep- resentative irom the#aHshes of ^IfM^uemineand St. Bernard; P. K St. Sfoi^ «id J. C. Ariianld, Beprteent ativea ifem the G«nttan -CSoasl. <;W3»at Is ;id<»« strange is^ that Alezandtir Labraeehe amd Ben6 TrndjeaU) luunng been elected in itheplaod of the.tWQ list-naoied i^tle- m^ lesif ned in i£dii ^imL Genesi ItonssiEt and I^'ei? 0I t^ tio% and mm^ m ihmt htd h^ ^e kte O^Tentian. It niiist ^er^re W p^ that they mtnt lii^6 had very jpoiTeiiil ieasoito % th* oourse v^hioh they pursued ^ i$ Mafossible n<^ to Hsis|^pose thlit ^sre was scnne sitfibitB dlsosiitkit and dlifpst at the bottoBi c€ it. 1819k Ois the 4ik of iltodbf «diSBieiised th^ seoond taim o# IfiE^ Miidi8i^n*s l#«lMi»& le th» PfesideQcy< His ioiMigi^ addi^Mh <^ «y^ €^eaito«(mBis^ as »fiodiio- tioiif^ the pi^Bf^df^, l«^^^^1^ the plffi0bldgiVM«dd 1i^ Ifp^Nibfe 1^ 1^ of lltings ezist^f k 18m» hIArmfm lb I^CNndi iM Sop%f oftli^^ari^ktSiil^^ rM ered by JefPersonDwm 5£ieitt the wui^ and magnitude M Itude iM Madison's mAuauBAL addbess. 287 of the trust loosed in me," said the ve^lected Chief Ma^rfte, ^1 atuMi be ooi4>eMed to shrfaik, if I had less reUitib» bti <&e ^iappbTtci an enHghtiiied ted generous pec^le^ an^ felt leato d^Qef^ adohviotinm thai a wiar unth a poweifdl nalion, whidi fomia a pttttniiieot feature in our situation, is stamfed with that jnstide ^rinsk invites the simles^of heaiven on' the ineanii of conducting it to a suooessfiil teiiniiKation. ** May ^not ehiar&h thib s«ntiiient wit^t p^ump- tion, when we reflect on the characters 1by which thii w&risdistingufidiedi ^ It was not iBol&red on th«fi# If thelJnited States, until it had lotag^een inade oti *heiffiiA reility, thot^h not in name ; unt^ ikN[iniien^ ind eiE^ttiiliiddBs had been exhausted ; untH a Joeritt^ni ddolam^dii h&d been mtsm- ed that the w)t^^ prol^Mitg it Would not- be discon- tinuidd; nor untH tlii lut appeal ce«ild no longjBr be de- layed, without breliking doWh the 'ii5)iiit c^ inlHilge^ lli« #ttf has been w«ged pn c^m* part with wrttpiilo«ii«i»|i^ to all these obligadons, and in a spirit of llberidity Which was nei^wpinsed. ** Ho#l!!tlle haft been the effiiici df Mi iiisample on the conduet^ Idle f^mny ! '^lley have ietliihedM prisoners of war, and threat- f mm ■mm ^mM^ mmm - ■'■•■■'■ *■ >-i %ht its blittles a^^ainst their nati^ country. ^They have not, it is true, taken into their own hands, the hatchet and die kni^ devoted to indSscrhninate pas- saore ; but they hare let loose the savages^ armed Avith these cniel inistnimf^iits; have allured them into their service^ and carrMl i&em t6 battle by their sides, eager to gkt Mteir satage thirst vdth We blood of the vaUf quished, and to iliiii^ th« work of t^^tutfe and death oi, maimed and' deMec3e8S sioM of ^heir inh&bit&nts became sa great, that several farms were abandoned, and the settlers fled to the in-: terior for safety. ' The belief that the British meditated an attack against Louisiana was daily gahiing ground.^'i^t was sadly in want of arms And munitions of war, and yet the Govern- ment of th^ United 'Sl«t^ hadi withdrawn jfrom the State one Regiment of inftntty (rf the i*egtdar troops, of which measure Olubome immediately complained to James Brown and ^ligiiie FromeutiOj who had succeed^ ed Magiuder and ^<^ in dkei Senate of the United States. ^He #epres^|H;ed to them ifhe defenceless state of the country^ and' also expatiated at length on thesu€e^ ings aiid los^esrof the plant^*s tm aoootmt of the over* flows of the^^i^sidsipi^ij M^i^'^'^ ^^^ Pftrish of OonoOTdiir down to the Parilh of Plaquemine indnsively. Svdi New Ofleang had been partly inu adated by a break in^ the levee JrtiiKenner'splantieition, some ten or twelve miles above ^he city. Ffoinentin had been appdinted one of l^e; Judges of the Supreme Court by Gdvemor Claibottte; ttt^l^ad^ been rejected by the Senate. But » 8hoMy itftef^iu^'- he yirks ei^ed by tht? . aited vote of both^'houiep^^^ the Fede) ^' But the power of pardoning mmit i&clude^that of reprieving ; for, during the greatest^ part of the yeai', the ■i^ 18. ich ced igU iay. ), of. dual tlie iries. tving iiader J the final x> ex- >8,not re any iredtb 1 wbo le At- ims- tof ft eucli virtue bond >rtu- given a Msser tbat of the 1818.] F. X MABTIN 017 THS OONSTITnnOir. 293 Senate not being in session, if the Governor cannot ft- prieve alone, culprits must undergo punishtnent before ][he Senate niay be consulted, unljfcs the cburt will post- pone the execution of their sentence till the meeting of the Senate. • * " '* It is said that slaves are not parties to the Constitu- tion, and therefore cannot derive any benefit from any clause in that instrument, and the |[}ovemor, derivingthe power of pardoning, and consequent!,^ that of reprieving, from the Constitution, cannot exert it in favor of slaves. Neitlier is an alien party to our Constitution or laws, y6t, when tried, h« must,be tried according to them, not &om any right he has to their benefit, but because our judges have no other rule to g<^by, and duQ not authorized to proceed without any rule. An alien en- ' emy, if tried here, wotiid be tried by a jury, would have idvery advaiatage which a citizen might claim, and, no doubt, if his case eddied for it, would ))e entitled to the clemency of th6 State in the mode imown to the Constitution and laws. K there was not a particular mod| pointed out bjrlaw for the trial of slaves, no court or judge could try ^em in dr^j other mode than that in which freeiflfen are tried. If there be (owe there is) no mode pointed out by which the Governor is to act toward them when they are the object of the clemeney of the Stf^te, he must act toward a slave as he would toward another human being. For although, in civil cases, slaves are considered as things, in criminal cases they are considered as men." , IliQ Qonstiti)ilion being a new thing, to which the peo- ple were unused; 1;he different constructions put upon it by tlffi public min& Were manifold, and some of them, by their eztraordinaaiy nature, show how very little that doc- ument was generdl^ understood in the first years of its WEM. ■■■:<;\^ 294 -#< OSKDIT OF..U. B. IMPAIBED. [1813. ■f.% fv <-ij • t^w . •' _ /^ P' t- ". ■* ••■' i"" -■' \ P .' ■ » '■ . '■ '. * 1* '• 1 . v.t "'■! 1 ' ' %'.U i:-'. 1 V '1 1 HMn5™ ' , ■ 1,1''*' ■ BBkSi "' ''' *■•' ■;'*■><'''.■ '.Y: !3B^K ^"' vwb.'* J^K^'*^ mR^' ' * - '" Hk?^' dlupBP^'jnMil^B QMpC. .., ''' jHBv, ' Ea^m; '' lHft''V-''- ■BniUnw^^^Hi B^^k!' SHBI^ ':ii^ f ' • * , p}' ► eflstence. Tbe Constitutional question which I hftve cited is one of the many which were frequently mooted. On the 15th of July^, Claiborne addres9^ to one of the Louigiana Senators in Congress, Eligius Fromentin, a letter, in which he depicted to him the neglected con- dition of the State in a uilitar}' point of view. '^The Third United States Regiment," he said, '^ commenced its ascent of the Mississippi a few days since. I much fear this regiment yn!l\ \^ considerably reduced previous to its arrival at Cincinnati, The recent overflowings of the river have left on its margin an immense mass of vege- table matter, which, under the influence of a hot Rum- mer's sun, will soon be in a state of putreffuition, and must render the fktmosphe^^ greatly insali^brioua The departure of the, Third Regiment has diminished one- half the regular forces in thi% quarter, and leaves us much exposed. I have issued orders- for l|olding*in a state of requi^ition a strong detaqhmentrof niilitia, to take the field in case of insurrection, invasion, or imminent danger of invasion. But the arraying of this force will necessarily be attended with d^ay^ ^nd'to the general want of discipline will be added a scarcity of arms, uhless the loans of muskets desired can be obtained frouj^ the General Department, and speedily forwarded. J* The non-payment of the bills drawn by Oo}onel Shaumburgh on the Secretary of War has i^rioualy af- fected the credit of the War Department in this State, and will, I fear, much injury the service. Oolonel^haum- burgh's bills in many cases Ml into the J^iands of private individuals, who|n thek rejection subiuitted to, s^qus embarrassments. I leaiii a(^ that the^claiiQS, of^J^y citizenafor lab^i* d<>n^ qt materials furnishei) at thM dif- ferent fortifications, remain, for the want of fiinds^ unliqui- dated. It is not tbrn^ to inquire %w fisu: th^v^ip^eieys jliqui- 1818.] INADEQUATE FBOTKOTION FBOM THE U. S. 295 expended in this State under the authority of the War Department have been judiciously appropriated. But I sincerely regret that so many^rsons, relying on the credit and good faith of Government and its officers, should have sustained ii^ury.*' One of the Louil^na Senators, Jam^s Browu, who had also been addressed on the same subject, replied in these terms : ^ It is with extreme pain that I discover that the force destined for the defence of oi^* State, instead of be- ing augmented, is daily diminishing. I have only to assure you that no pains on my part have been wanting to induce the General Government to alter its course on that head, and to afford us something like an adequate protection. . . . . ^ , ^* So generally has our coast been menaced, so numer- ous have been the calls on the Department for protection at the different points immediately threatened, and so limited are the funds assigned to that object, that the complaints of our distant State, although reiterated and enforced in the best manner I c603d devise, have resulted in a manner in the highest degree unsatisfactory and mortifying to me. The removal of the Third Regiment, and what is more extraordinary, its removal by water, is a policy which I do not appK>ve, and against which I have directly and repeatedly remonstrated, f* ^ Such being the defenceless condition of Louisiana, it became necessary to compel a speedy organization of the militia, and it was presumed that a draft would be resorted to, but the mere recommendation of that meas- ure produced much discQutent in some quarters. On the 81st of July, Claiborne addressed Colonel Placide Bossier, of Natchitoches, on the subject. He informed that officer that the Adjutant-Genei^al would inclose him * Execattye State Joomal, p. 138, yol. 1. *■'■>■ v'> ■„:. . ' ■riv: '- V M-l/:J\ ■'!i*i7 ?' \i.r""^ iitii S"J § r f. ".il' 296 THE MILITIA TO BE GALLED OUT. [1813. the commiBsions which he solicited, and that his exer- tions to organize his regiment were confidently relied on hy the Government. " The war in which our country is involved," wrote Claiborne, "rages with unabated fury, and there appears no prospect of a speedy peace. The Creek Indians manifest an unfriendly disposition to- ward the United States, and seven hundred warriors of that tribe, well armed, have recently crossed the Perdido. It is probable they may be mot, and, I trust, driven back by the troops of the United States on that station. As a measure of precaution, which the crisis seemed to render indispensable, I have ordered a detachment of militia to be holden in readiness for actual service, and to be obtained by draft, if the same should become nec- essary. A quota of this detachment has been assigned to the First Brigade, and quotas will be assigned to the several other brigades throughout the State, so soon as the regiments attached to each brigade shall be organ- ized. I repeat. Sir, that this is only a measure of pre- caution, and that the citizens composing the detachment will not bo called from their homes, unless in case of in- surrection, or when the public safety shall require it ; and, in no event, to be marched out of the limits of the State. Essential as this measure is to the public safety, it has, nevertheless, been ^assailed with all the bitterness of party, and is spoken of as the act of a tyrant. It consoles me, however, to know that these furious at- tacks are only made by a disappointed, and, I believe, unprincipled faction in this city, against whose efforts to produce disorder the good sense of the people will, I trust, be an ample barrier, an4 against whose calumnies as regards myself, I oppose a life exclusively devoted to honorable pursuits." In the midst of all this war agitation, the population of New Orlea: was thrown into a ferment by a decis- 1818.] jnDICIAL DECISION ON TIIE BATTURK. 297 ion of th(t District (^ourt of Louieiana in the Huit of £dward Laviagston against Le Breton D'Orgenois, the Marshal of the Uuitod States. The decision declared " illegal " the interference of President Jetferson in the case of the Batture, and directed the claimant to be re- stored to the possession of the alluvial land kno^^'n under that name. The Marshal refused to appeal from that decision, and the City Council of New Orleans passed a resolution whereby the Governor was invited to appeal in behalf of the city and the State, on the ground that the rights of both were infringed in the premises. In relation to this affair, Governor Claiborne wrote to the late President Jefferson : " Considering the Batture as a part of the bed of the Mississippi, and included within the port of New Orleans, I shall have recourse to our State Courts to enjoin Mr. Livingston against exercising any acts of ownership over the same, or in any manner obstructing the navigation of the Mississippi, which is declared to be a great highway, and the free use of which, as well to the inhabitants of this State, as of the other States, is one of the considera- tions on which Louisiana was admitted into the Union. Mr. Livingston has found means either to neutralize, or to make active partisans of, most of the lawyers in the State. The people, however, are fortunate in receiving the support of the Attorney-General, F. X. Martin, and of Messrs. Moreau Lislet and Fielding Turner, three distinguished lawyers, and I entertain strong hopes that we may yet be enabled to maintain the rights of the public." On application of the Attorney-General, James Pitot, the Parish Judge, granted an injunction, but subse- quently dissolved it, on the following grounds : That, until it was shown that Mr. Livingston had done some act to Uei*4ve the citizens of the use of the Batture, or * r.A<^;.' <; t* "* 298 f^; MASSACRES BY THE INDIANS. [1813. 'm^^-^ Jf^ !, ill. 4^ - i 11 T .>"'» erected some works thereon wliich might obstnict the navigation of the Mississippi, judicial interference would be premature and improper. " Thus the case rests for the present," wrote Claiborne to Thomas Boiling Robert- son, the representative of Louisiana in the lower House at Washington ; " nor has Mr. Livingston yet thought proper to prosecute the Mayor of New Orleans, or the inhabitants, who are in the habit of taking, as formerly, dirt from the Batture. I am extreto^ly desirous to have the rights of title to the Batture finally settled, but feel some difficulty as to the best manner of bringing the question fairly before our courts." In the month of September, the population of New Or- leans was informed that the war with the Creek Indians was assuming a serious aspect, that a fort twenty-five miles from Mobile had been taken by them, and three hundred and fifty men, women and children had been cruelly massacred. It was confidently' reported that many slaves had escaped from their masters to join the Indians, and it was feared also that the Choctaws would soon become hostile. Hence increased vigilance was required throughout Louisiana, and Claiborne sent a circular to all the militia colonels, pressing upon them the necessity of being ready to meet all emergencies whatever; and, on the 11th of September, he dei)arted through Bayou St. John for the Parish of St. Tammany, to take measures for the safety of its inhabitants, who were much exposed to the depredations of the Indians.* From St. Tammany he proceeded to Baton Rouge by way of St. Helena, and then went to Lafourche, from which he journeyed to the Aibtakapas and Opelousas districts, actively engaged in making what preparations he could for the defence of Louisiana with the scanty materials which the State possessed at the time. He • E^cutive State Journal, p. 152, vol. 1. 1813.] CLAIBOBNE'S mDIAlf TALK. 299 lany, wlio * even went as far as Natchitoches, where a great many Spanish families had taken refuge from the neighboring province of Texas, which was then in a state of revolu- tion. These fugitives, to the number of about twelve hundred, had crossed the Sabine in the most destitute condition, which had been generously relieved by the adjacent parishes in Louisiana. Being at Natchitoches, Claiborne availed himself of the circumstance t<> jend, on the 18th of October, what in Indian parlance is called ^ a talk," to the Great Chief of the Caddo Indians. It is preserved here as a curious specimen of the figurative style which it was universally thought proper to adopt in addressing the rude war- riors and primitive denizens of the wilderness : "Friend and Brother ! I arrived at this port three sleeps past, and learn from our friend. Dr. Sibley, that you had only left it last month. I should rejoice to have met you here, that we might have shaken hands in friendship, and smoked and conversed under the «hade of the same tree. Seven years ago, brother, we had a conference at this place, Natchitoches, and mutually promised to keep the path between our two nations white. We have been long in authority, and know from experience the bless- ings of peace. We will endeavor to keep the chain bright between our two nations, and the chiefs who fol- low us may, I hope, so strengthen it that our children's children will live together as neighbors and Mends. " Brother, the United States are like the oak of the forest — ^a great body with many branches. The people of the United States are composed of eighteen families. Each family has a chief; but the great beloved man of all is your father, the President, who stands in the place of the Great Washington. Our friend, Dr. Sibley, is the agent of the President, and whatever he says in his name you must receive as his own words. I have seen, 4m ^<:' S^\, ' ,. ^ii.;'' % K|||3h ' ^ » ,rj. H; .; \.- ^' ; |?i»"''"'' in V: ,((;. 1/ , p E'-i' 3|,' ' d hy , * »'if '■- i-ip;. P--^:: wlf^ 111.. ^^^ ■•■5i ■■■'^•w-'/J 300 CLAIBOBNES INDIAN TALE. [1813. brother, and highly approve the * talk ' you gave out, when you were last in council at this point. The advice you have given to your own people, and to all Red Men with whom you have influence, is that of a father to his children. I hope they will hold it fast, and live in con- stant peace with the white people. " Brother, seven years ago, you told me that your na- tion had but one enemy, the Osages, and I am sorry to hear that you are still at war with those people. I have often heard of the Osages. In the vast hunting-grounds where the Great Spirit has placed a sufficiency of buffalo, bear and deer for all the red men, the Osages, I hear, have already robbed the hunters of all nations, and their chiefs still wage war to acquire more skins. Among the white people, brother, there is also a nation of Osages. Beyond the sea there lives a people, called the English, who may really be considered white Osages. On the big water, which the Great Spirit made large enough for the use of all men^ the English have already plun- dered every people, and their chiefs direct the continu- ance of these outrages. Many Americans, peaceably navigating the big water, had their vessels and property taken away from them, and others were compelled to serve on board of war-canoes, and made to flght against their friends and countrymen. But, brother, such inju- ries could not be endured ; the hearts of the Americans have become cross; they have raised the tomahawk, and will not consent to bury it until the English are just toward them. The warriors of your father, the President, are marching into the country of our enemy, and the thunder of our great war-canoes is heard on every sea. * " JBrother, the English, unwilling to fight us man to man, have called upon the red people to assist them. With tongues as forked and as poisonous as a snake's, 1818.] OLAIBOBNE S INDUlN TALK. 801 they have told the Indians nianj lieS) and made fair promises which they will not and cannot fulfill. Thus it is that many of the Red Men have been prevailed upon to throw away the peace-talks of their father, the Presi- dent. But the Americans have the power and the will to punish all their enemies. The other day, the Creeks, when it was supposed they were only quarreling among themselves, surprised one of our forts, and spilled much innocent blood. A fly, you know, brother, may disturb the sleeping lion; but our warriors are now in arms against the Creeks, and it will not be in the power of their friends, the English, to shield them against our vengeance. " I don't like many words ; but there is something on my heart which I must relate to you. I hear the Creeks have sent runners with war-talks to the Couchattas and other tribes, your neighbors, but I hope all these people will look up to you as an elder brother, and hold fast your good advice. When your father was a chief^ the path fix)m your towns to Natchitoches was clean, and if an Indian struck the people of Natchitoches, it was the same as to strike him. You now, brother, stand in your father's place. I wanted, brother, to send you a token of ray friendship. To a chief, a man, and a warrior, nothing could be more acceptable than a sword, but a suitable one could not be obtained at this place. I have, therefore, directed that a sword be purchased at New Orleans and forwarded to Dr. Sibley, who will very soon present it to you in my name. Farewell, brother; I pray the Great Spirit to preserve you in health and happiness." llie month of November had nearly elapsed, and the Baratarian band of smugglers against whom Claiborne had issued a proclamation on the 15th of March still continued their ill^al pursuits, as if no obstacle had ^mm ^^^^^m ^44^^^^^ -">'« jm- tv- '^'^■^^ 302 PROCLAMATION AGAINST SMUOOLEBS. [1818. p, ■ J,' i 1- .4- been intended to be thrown in their way. Wherefore, on the 24th, he issued this second proclamation : t-? - ; " Whereas," he said, " the nefarious practice of running in contraband goods which hau hitherto prevailed in different parts of this State, to the great injury of 1^ fair trader, and the diminution of the revenue of the United States, has of late much increased ; and whereas the violators of the law, emboldened by the impunity of past trespasses, no longer conceal themselves from the view of the honest part of the community, but, setting the Government at defiance in broad daylight, openly carry on their infamous traffic ; and whereas it has been officially known to me that, on the fourteenth of the last month, a quantity of contraband goods, seized by Walter Gilbert, an officer of the revenue of the Uni- ted States, were forcibly taken from him in open day at no great distance from the city of New^Orleans, by a party of armed men under the orders of a certain John Lafitte, who fired upon and grievously wounded one of the assistants of the said Walter Gilbert j and although process has issued for the apprehension of him, the said John Lafitte, yet such is the countenance and pro- tection afforded him, or the terror excited by the threats of himself and his associates, that the same remains un- executed : '^ ** And whereas the apathy of the good people of this State in checking practices so opposed to morality, and to the laws and interests of the United States, may im- pair the fair character which Louisiana maintains, and ought to preserve as a member of the Americ^i Union : " I have thought proper to issue this my proclamation, hereby strictly charging and c(mimanding all officers of the State, civil arid military, in their respective depart^ merits, to be vigilant arid active in preveriting the viola- tiori of the laws in the prenuses, and in apprehending 1818.] JOHN AND FIEBBE LAFITTE. 303 ^. k!'« and securing all persons offending therein y and I do sol- emnly caution all and singular the citizens of the State against giving any kind of succor, support or counte- nance to the said John Lafitte and his associates, but to oe aiding and abetting in arresting him and them, and all others in like manner offending ; and do furthermore, in the name of the State, offer a reward of five hundred dollars, which will be paid out of the treasury to any person delivering the said John Lafitte to the Sheriff of the Parish of Orleans, or to any other Sheriff in the State, so that the said John Lafitte may be brought to justice." The band of smu^lers mentioned in this prodama^ tion was) composed of desperate men of all nations, chiefly under the command of two brothers, John and Pierre Lafitte, who were originally from Bordeaux, or, according to other reports, from Bayonne, but who, emi- grating from their native country, had settled in New Orleans as blacksmiths. Tempted by the hope of making a speedier foiiiune than by continuing to hammer on the anvil, they abandoned the honest trade they were en- gaged in for one of a more dangerous character, but promising a life of excitement, which was probably more congenial to their temperament, and which held out^to them ample compensation for the perils they were to encounter. They began with being the agents of the Ikratarian buccaneers in New Orleans, and ended with being thdr leaders, and being proclaimed outlaws by the country where they resorted for illicit purposes. On the coast of Louisiana, west of the mouth of the Mississippi, there is an island called Grande Terre, which ifr six miles in length and from two to three miles in breadth, running parallel with the coast. Behind that island, abou^ six miles from the open sea, there is a se- cure harbor which is reached by the great pass of Bara- ■^fWm m fSS^M ■^iM^^SgM '^^^^^ •^n^F^^Jwfflm&uflnH^H n%~i jL'^^j^BKflWrfcjli^^^HliJwll ^:^^wS^^^M [ ''3i#UF jtfBg ^£h 1 B 1 H ^^a^M^iift^S^igSaBSswl^ '^^^^ m H .if--: w ^•' i^^a i' tv» • )■• «.■' i,r WV".-'' 804 DEEDS OP THE BUCCANEERS. [I8in. taria, in which there are from nine to ten feet of water. This harbor communicated with a number of lakes, la^ goons, bayous, sea-outlets, and canals, leading to the Mis- sissippi, and which, skirted by swampy forests, and form- ing a labyrinth of waters, offered a tempting field of op i eration to the Kobin Hoods of the sea. These men pre- tended to be privateers cruising with letters of marquo issued by France and the new Kepublic of Carthagena, to prey upon the commerce of Spain ; but the world culled them pirates, and accused them of capturing ves- sels belonging to all nations, without excepting those of the United States, within whose territory they brought their prizes in violation of law. Many horrible tales were related of them, but were stoutly denied by their friends, who were numerous and influential. The Government of the United States had attempted several expeditions against them, but of go feeble a char- acter as to be necessarily abortive. Whenever any attack was meditated against the buccaneers, they seemed to be mysteriously informed of the coming danger, and in time to avoid it. On such occasions, they would break up their settlement and carry it to some unknown part of the coast ; should the new quarters be discovered and threatened, they were transported elsewhere ; and the buccaneers would invariably return to the places formerly occupied by them, as soon as evacuated by their foes. It was even rumored, and believed by many, that the pursuers never had any serious intention of capturing the pursued. On the 23d of June, the Eng- lish tried whether they would not be more successful than the Americans, and one of their sloops-of-war attacked two privateers which were at anchor off Cat Island. This time, the buccaneers, smugglers, or pirates, whatever be the name which they were entitled to, 8{|j^owed no in- clination to avoid an armed collision, as they generally '.It in- baUy 1818.] THE BABATABIAKS. 305 did, when threatened by the American navy, but they beat off the English, who suffered consdderable loss. Major A. Laearriere Latour, who was then " Principal Engineer in the Seventh Military District of the United States," and who has puMished a valuable Historical Memoir, with maps, ;.yif,..;,:rjjwlr.;;.'''''\"t\[j-''' ■ /jS i ' V ;. ;J fdi ,;'l '■•■■' .^' r Hit." ,,.. Iff. ■■'!• r' ■MW'Kya oR^^' ShkVv'^ SfmS^'^''' " CS^'£'I^I |^5p" ' il'!!S Si' ■ llKlf:3..!.5ffil llSjto' .". Lfai«'' ■'■.'*>''? '"■■if; ■' CHAPTER Vra. Claiborne's adminibtbation-woiin and piidbb lafittb, chiefs of the barataiyans— thbib noble conduct— •pbbparationb for war in louisiana. 1814. ' The Governor, in his annual message At the opening of the Bession of the Legislature, on the 4th of January, 1814, made on the existing war between Great Britain and the United States remarks which are not inapplicable to the conflict destined long afl«>i* to originaterin the system- atic oppression attempted to be enforced by the North- ern and Western States against the Southern members of the Confederacy, through a long series of unconstitu- tional aggi'essions inspired by an inordinate love of political power^and plunder, by sectional jealousies and interests, and Itko by an heredit>ary, innate, and domi- neering spirit of Puritan fanaticism. *' The enemy," said Claiborne, " wholly regardless of the dictates of justice and moderation, shows no disposition to arrest the deso- lation of war. The mediation of Russia, so readily ac- cepted by the President of the United States, has been rejected, and the accustomed courtesy of an audience has been denied to our ambassadors. The time, however, is not distant when this repulsive deportment shall be changed, and when jwe shall exclaim — How Ike mighty has faUen f An overruling Providence directs the destinies of nations, and moulds their conduct to I^is purposes. Eightand-thirty years ago. Great Britain manifested a (308) ■^i» 1814.] EFFIOTS OF WAB. Spirit of injustice nniilar to that which at present influ- encei her councik* A policy alike wicked and absurd was avowedf and a tyatem of violence and tyranny to ward Ameriea pursued. In every stage of oppression our fathers petitioned for redress, htU their repeated peti- tfkms wei'e only anewered by repeated injuries. Hence it was that the war of the Revolution enlisted ii its sup- port the hand and heart of every true American, The people willed it, and they ftmnd no difficulty in conquer- ing for themselves and posterity the rich blessings of peace and independence.'* The Governor does not shrink from exposing to the Representatives of the jieo- ple the anticipated evils of war in all their horrid nakt^d- ness. He vividly describes the prostration of agricul- ture and commercfk He laments the burdens which must necessarily be i^ieted on all classes of society for the sLppoii; of fleets and armies, the loss of life and the general increase of human woes, but he consoles himself and those whom he addresses with the aiMuranoe that the evil of war which he so feelingly deplores has been productive of good, by unfolding the internal resources of Louisiana, and by pointing out their use. nH During a tour,'' he said, " which I made the past summer and fall, through the different counties of Louis- iana, the loom and the wheel attracted much of my at- tention. I was often within view of the one and the sound of the other. Our fair countrywomen, to me always »ter(»l4Dg, Mver IwfoK. appeared ... mock so. Everywhere I saw evidences of their industry and do- mestic economy. The effects of such examples were obvious; Fathers of ftmilies have netrenched their ex- peases, aiid the young^^en are moM incUned to indus- trious pursuits. These habits will ccmduce no less to the wellu^ of individuals than to that of the State. The times call for private and public frugality. The 310 HUOOK8TEO AMELIORATIONS. L1614. ;i?''il:'i' ■..* V 1 OT-.'». ■.».■* S','.'V. .^' exinting taxes, greater than at any prior period, mmt necessarily be continued. The surplns revenue which, for several years, had accumalated under the late Terri- torial Government, was all exhausted by the donations to literary institutAons, the remuneration to sufferers from the late insurrection in 1810, (ind the expenses incurred by the Oonvention of Orleans. The State administration commenced at an inauspicious moment. An empty trms- ury was not the greatest difficulty to encounter. The war which immediately ensued depressed commercial enterprise, and discouraged agricultural exertion ; noi- was the hurricane in 1812 more destructive to the iTuits of the farmer's industry than the subsequent overflow- ings of the Mississippi. Hence have arisen our final embarrassments; hence ihe difficulty which may in some parishes attend the payment of the public im- posts.'* Among the objects recommended by the Executive to the attention of the Legislature was a revision of the system of criminal jurisprudence then in vigor. **It does not answer the end of justice," observed Claiborne, " and is attended with very serious expenses to the State." He took this occasion to insist on the necessity of making provisions for the employment of convicts sentenced to hard labor m such a manner as to remu- nerate the State for the charges incident to their support, or of substituting tor imprisonment some immediate corporal punishment. He also suggested to the Legisla- ture, that in a government like the one which had b^n recently inaugurated in Louisiana, it wa» desirable that the people should know the laws by which they were governed. " At pre«ent,'' he said, ** we are referred to civil, common, and statute law, and how few are there who can give a legal opinion upon any question of in- terest ? This glorioua tmcertmnby may suit those who ■•>:<.' )- '"ii'S *1 1814.] TOO MUCH LEGISLATION. 811 have leisure and indination to profit from the researcheH of civilians and reporters ; but it illy comports with the convenience of the great mass of the citisenH. The stat- ute laws have become voluminous. Acta amendatory *.v" 312 THE BAEATAEIANS. [1814. ftil'ii ' orders for holding in readiness a disposable militia force to take the field at a moment's warning, the cheeiful compliance by most of the corps was a proof of the love of country by which they were animated, and of the promptitude with which they would have obeyed a further call. On the 20th of January, the Governor was informed by the United States Collector that four hundred and fifteen negroes had lately been consigned to Pierre and John Iiafitte at Barataria, and that they v/ere to be sold at public auction. The Collector requested that a strong force be organized " to defeat th.e purpose of these law infractors." Four days after, the news reached New Or- leans that Stout, a temporar}' inspector of the revenue, who had been stationed by the Collector near the place called the '^ Temple" at Barataria, and who had with him twelve men, had beea attacked by John Lafitte and his companions. Stout had been killed, and two of his fol- lowers dangerously wounded ; the rest had been made prisoners. The Collector immediately laid l^efore the G-ov- emor all the circumstances of this outrage, with these re- marks :* '' It is high time that these contrabandists, dis- persed throughout the State, Should be taught to respect our laws, and I hold it my Collector on the subject, with the recommendation that suitable provisions be made to hfeaik up the^ establish- me?it of those lawless mten on the coast of X^uisiana. He informed the^. th«t tiJm duty was to be perfoiwed by thft State, beca^a^, the GifSAen^ ovi^mmaiiding the Fed- eral troops in the district which embraced Louisiana had declared that he found it inconvenient to the service Biana Irvice 1814.] THE BABATABIANS. 313 to withdraw at tbe mconeni any part of them from the important and exposed posts which they occupied, al- though he had proposed, should any militia force be em- ployed^ to afford such facilities in rations, camp equipage, munitions and oth^r supplies, as might conveniently be issued £rom the public stores. " My present powers are doubtless competent to the ordering of a detachment of militia on this service, but I owe it to myself and to the State to guard against even the probability : of a miscarriage. ■.. For it would indeed be a melancholy occurrence, if the men to be detailed for this duty, encouraged to disobedience by the late conduct of some militia corps, should furnish evidence of the inability of the Executive to enforce, on this occa- sion, the supremacy of the laws. I therefore recommend this subject to your immediate consideration." He fur- ther added: "The evil requires a strong connective. Force must be resorted to. These lawless men can alone be operated upon by their fears and the certainty of punishment. I have not been enabled to ascertain their numbers ; by some they are estimated from one liundi-ed to one hufidred and ^y, and hy others they are reprer sented to be lirom three hundred to five hundred ; aad it is added^ that their principal place of depot for their plunder, aa island within thelJAke Barataria, is defended by severaVpiecM of cannon." " Bat,'' continued the Gov- ernor, '^ so aystemotio is the {dmn on which this daring attempt agaonst the laws @£ our country is conducted''- so numerous a&db
->r 314 THE BABATARIANS. [1814, time, Lafitte, with the utmost unconcern as to ultimate consequences, was in the daily habit of sending his con- traband goods to Donaldson ville, situated at the junction of Bayou Lafourche with the Mississippi, and to several other points of the river, imder the . escort of strong de- tachments of armed men, who put at defiance all inter- ference with their trade.* His confidence seems to have been well founded, since the Legislature, on account of the want of iunds, postponed to some more opportune moment the organization of the militaiy expedition which Claiborne had so earnestly solicited. Time elapsed, and the pirates of Barataria, as they were called, remained undisturbed, but Collector Dubourg and the Governor were not discouraged by the supineness of the Legislature of the State, or the indifference of the Federal Government. On the 2d of March, he sent again the following message to the General Assembly : " I lay before you a letter which was addressed to me on yesterday by Colonel Dubourg, the Collector for the District of Louisiana, from which you will perceive the great and continued violations, within this State, of the non-intercourse, the embargo, and other laws of the United States, and the necessity of affording to the officers of the revenue the support of an armed force whilst in the discharge of their duty. General Flournoy not deeming it prudent to withdraw, for the present, any of the regular troops under his command from the im- portant and exposed posts they occupy, the Collector of the District conceives it a duty, in conformity with in- structions fix)m the General Government, to apply once more to the C^ief Magistrate of Louisiana for such aid 08 win enable ^ &ffi/;er% i^ the revenue to fulfU their oh- tiona. * Executive Journal. The pages can no longer be referred to, as thej cease to be numbered. 1814.] THE BABATABIANS. 315 *' I entreat you, tberefore, to fornisli me with the means of cooperating, on this occasion, with promptitude and effect. It is desirable to disperse those desperate men on Lake Barataria, whose piracies have rendered our shores a terror to neutral iflags, and diverted from New Orleans that lucrative intercourse with Vera Oruz and other neutral ports which formerly filled our Banks with the richest deposits. It is no loss an object to put an end to that system of smuggling which exists to the dis- grace of the State, the injury of the feir trader, and the diminution, as I am advised, of the circulating medium of this city in so great a degree as is likely to produce serious commercial emblirrassments, than it is important, abovig all, to prevent breaches of the embargo law, and to mar the projects of those traitors who would wish to carry Supj^Hes to the enemy. To enable me to accom- plish these ends, o^: at least some of them, I ask for authority to raise by voluntary enlistment a force of not less than* one captain, one first lieutenant, one second lieutenant, one third lieutenant, one drummer, one fifer, and one hundred privates, to serve for six months unless sooner discharged, and to be employed under the ordi|rs of the Governor in diispersinff aSiy armed association of individuals within this State, having for object the violation of the laws of the United States, and to assist the officel^ of the revenue in enforcing the provisions of the embargo, n6n-interoourse, and other acts of Congress. The oflftcers, non-commissioned officers and privates to be (^ititled to the same pay, rations and emoluments as are allowed the troopis of the United States, and to be subject to the rules and articles of wttr as prescribed by Congj^ess. . . . . . ^ 1 . . . • • • • • • • • • •■ " As this corps will be solely employed in enforcing the laws of the United States, I am persuaded the Gen- 1 .: V^<^i< ;*+/ m \\ '^W;;i^ iff J'J'»;;••^ V"^'-. * '. ■ ■■ HI ■•■■■• '^-i^r^,:: ■ '..'■■ ■\\'*' :' ■'■'\'JJ ■' t'M .>•! 316 THE BABATARIAN8. [1814. eral Government will readily defray any expense whicli may attend the raising and maintaining of the same. But if in this reasonable expectation we should be dis- appointed, I would advise that the corps be immediately discharged, for the present embarrassments of our treas- ury will not admit of its remaining in service at the expense of the State." This message could not, and did not, produce on the General Assembly the stimulating effect which \V^as de- sired by the Executive. Most of the members of that body were aware that their constituents thought them- selves much benefited by the illicit trade which the Governor wished to suppress, and they did not care to be put to the expense and trouble of collecting revenue for a Government which could not make itself respected by a handful of depredators, whom it affected to look upon as the scum of the earth. The backwardness of the Legislature to act in this matter waa extremely unpala- table to Claiborne ; the more so, because he was already much annoyed by the persevering opposition of the 8en- late to many of his appointments, and particularly in re- l#ion to the^ filling up of the vacancy on the Supreme B^Dch occasioned by the resismation of D. Hall, who had accepted from the President a oiommission as District Judge of the United States in and ibr the State of Louis- iana. The Governor had made five successive nomina- tions to supply that vacancy, which had been rejected by the Senate. As the time for the adjournment of that body was drawing near, the Gm^emor thought proper to submit to the Attorney-General, F. X. Martin^ the fol- lowing questions : Ist. " Whether, Ih filling up a vacancy in the Supreme Court during the session of the Senate, the Governor is not bound, accordkg to the true intent and G^rit of the Coiistitution, to exercise his free agency in the nominating -f". 1814.] F. X. MABTIN OS THE COlfSTITUTIOIf. 317 . power, and whether he ought not to resist all attempts of the Senate to influence or direct him in the nomina-., tion ? f 2d. ""Whether, if the Senate continue to reject every* * individual proposed by the Governor, until the one they^^ wish to be appointed ba presented, the vacancy may bo j filled during the recess of the Legislature ? i 3d. " Whether, the Supreme Court may not be consid* : ered as competent to the dispatch of business, two judges^ being present, the existence of the vacancy notwithstand- 4 ing?" The Attorney •General, in his reply, expressed himself;.^ as not being able to conceive that a doubt might existh| as to the obligation under which the Cocstitution had t placed the Governor, to exert his free agf i>cy in the ex-^, ercise of so important an act as the nomination of onOjf of the chiei judiciary magistrates, and absolutely to Te^:^ pel the slightest attempt from any man, or body of men, not excepting the Senate, to influence or direct his nom- ination by any other means than by affording him infor- mation or advice. The Attorney-General felt no hedf^ tation in saying that, if it wei*e possible that a nu^oritft of the Senate should attempt to force the Governor tp.^ nominate a person whom, in his judgment, he migh%^ consider as unfit for the office, or improper to be appoint*^ ed, and should, for the purpose of insuring compliance^j^ to their wishes, determine on rejecting every other pw-\ son whom the Governor might propose, then it would become the duty of the Governor |o resist sucL an e^- croachment, because it would be a violation of the Con- stitution. " The Constitution has provided," asid the Attorney-^ General, ^^ that judges of the Supreme Court shall be appointed by the joinl^M^ of the GovemQr and the Sen- ate. Now, in the case put, were the Governor to yield ■•■■^•^^?lr.« mm l'«7'"V3l ■"''if ■ ».* :^' * .:i,J .t-J . -:' ^ ?i- V » 318 F. X. MARTIN ON THE CONSTITFTION. [i iol4. to the Senate, the judge would be appointed ly their sole act. The Governor could not be said to have par- ticipated in the appointment, if he were forced into com- pliance. Neither the Governor nor the Senate can alone appoint a judge. If the person chosen by the Governor be not agreeable to the Senate, it becomes hiw duty to look for another person it may approve. Likewise, if the Senate desire that the office may be filled by a per- son whom the Governor disapproves, it becomes their bounden. duty to abandon him, and fairly to exercise a sound judgment on every person presented afterward, until one agreeable both to the Governor and Senate is fallen upon. For it cannot be concluded that, because the gentleman whom the Senate im^ne to be most suit- able does not appear in the same light to the Governor, no appointment is to take place, or that the Governor may allow the Senate to choose aloney . The Attorney-General further said, that if such a dis- agreement between the Senate and the Executive were ^fortunately persisted in, and if the Senate adjourned li^thout advifdng, or consenting to, a nomination, the vacancy could not be filled till the next meeting of the Senate, because the text of the Constitution is, thaC the Governor siuHl have poiwer to fitl wp va^oa/ndes thai may happen dm i/ng the recess of (he Legislature^ bif granting commission ? that shall eoepvre at ^£end of the neast session. "If, after ho has had an opportunity of consulting the Senate," argued the^Attomey-Genertd, "the Governor were to appcint a judge, he would, by his sole act, do that which the Constitution has said should be done by the Jmnt act of Mia and the Senate. He would annlhi late the right of the Senate in the same manner as they would his, if a majority of tha^body were to bind themselves to reject every person proposed by him, till i.>\ ai anibi as they bind 1814.] PBOJ£OTED INVASION OF TEXAS. 319 the upon (Governor offered the one they had determined Lastly, the Attorney-General believed ihat the Su- preme Court was competent to transact business, when two judges were on the Bench, notwithstanding the va- cancy of the third seat. He further stated that the three learned jurists who had filled the bench of the Supreme Court had always acted on that piinciple, as the Consti- tution provided that two judges should form a quorum. The official opinion of the Attorney-General failed to bring to a conceii; of action the two conflicting powers, and the Senate adjourned without any appointment being made for the Supreme Court. On the 23d of March, Claiborne, having received in- formation that a number of individuals within the limits and jurisdiction of the State were engaged in raising troops, and preparing the means for a hostile incursion into the Spanish province of Texas, with a view of aiding in the overthrow of the Government of Spain in and over that province, and having been instructed by the Federal Government to take the necessary and proper steps to prevent any design of the kind from being c^ ried into ef^ed^ issued a proclamation cautioning eacn and every good citizen of Louisiana, and ai}} oth^ per- sons within the limits and jurisdiction of the same, against being concerned in, or in any manner giving aid and countenance to, any such unauthorized expedition, and warning than of the penalties to be incurred thereby. He ftirthor strictly charged and commanded «ivery offi- cer, civil and military, within the State, each iii his prop- er station, to be vigilant and active in opposing and preventing measures so contrary to thd Uws, and so haz- ardous to the peace and tranquillity of this and other States of the Union, aid in securing and bringing to trial, judgment and punishment every such of&snder. This ■Mm '"•lis "•.fi^'?^'' ^ily:>i •hi 320 REQUISITION ON THE MILITIA. [1814. proclamat7on put an end to the intended expedition for tbe present, the principal leaders of which were a Doctor John H. Robinson, who had been in the service of the United States Government, General Toledo, late com- mander of the revolutionists in the province of Texas, and General Humbert, a Frenchman, who, having incur- red the displeasure of Napoleon, had been exiled frou. his country, and was ready to embark in any kind of reckless adventure to better his fortune. Seven days after the issuing of this proclamation, there came out of the Executive Office a public document, in the shape of a circular to the officers of the militia, which, to be understood, requires a short retrospect into past events. It has been stated before, that Claiborne, on the 26th of December, had issued oi-ders to carry into exe- cution a requisition made by the President on the> State of Louisiana, for the raising of an aiuFiliary force to be enlisted in the service of the United States. In the in- terior counties of Louisiana this requisition met with no opposition. It was promptly obeyed,* and the militia 0f the Second Division, which included the district of mton Rouge and the more western counties of the State, were promptly arrayed, and marched to the point of general rendezvous, the Magazine Bajracks, opposite New Orleans. But in some of the settlements on the Missis- sippi, and particularly in the city of New Orle^iid, which were embraced within the first division of the mUiti^ a great spirit of insubordination was manifested, if Clai- borne's testimony is to be taken as entirely correet. The people were told l^rough the medium of the public prints, that there was "no law to authorize, and no ne cessity to justify t^e requisition." 11© Governor was denounced as " the tyrant of the day, and resistance to his orders was advised^'' v The public mind was greatly ,^^' * Claibomo'B Letter to Gen. ThomM Flooniojr, Maibh 8d, 1814 1814.1 • i IN8UB0BDINATI0N OF THE MILITIA. 321 agitated, a^d the funeral feeling evidently much inclined against him. " With the exception^" writes Claiborne, " of three or foiir companies of the city militia, whoii^ conduct met my highest approbation, my orders were not only disregarded, but resohUions expressive of de- termined dieobedienoe wese entered into by the non-com- missioned officers and privates of several separate corps, and transmitted to me. It is^ howeverg^lue to the corps to add, that their reBoluti(»is conveyed ^^iiiirances of the promptitude with which ^ey would repair to arms in case of actual invasion, wad some of them eicpressed a i eaduiess to do duty by oompanies within the city and suburbs under th^ own officers. But all protested against entering the ewvioe of the United States, either as voluntee: or drafted irilitia." This was the language of Clatborae in Mitrch. It cer- tainly-expressed viewaand sentiments in relation to the militia very diffident from those contained in his mes- sage to the Legialatura m the begsnning of January, and recorded in the pfeoediog pages. With regard to the Legislatui'e itself he wrote to Oeneial i^ourcoy : ^ I had anticipated support from the Legialatm^ of the State, i^d flattered mya^ that their sanction of the measure would hav« calmed the aagry passions^ and invited to harmony and subordinatioQ. But the Senate ei Louisiana, in their answer to my address to the two Houses^ thought proper, in relation to tlia ** Fe%msitioiij!' to uae a language which ten^dsd still move to isdispoBe the public senti- ment, aoid a tej^etms^hfM Ckaomitteo of that honor- able body, which w«nt, lu^ oi4y to dedbife the requisi- tion iUe^ Mid uiinecessaif^, but in^&gec% toqueition the puia^ 0f tibe motile ^ieh ^eetad my oondiict, Wfis lost Bser'Sly by the cMrtiag vote of the IWident. In the HoBse of B(^»e8entative% an 0l^^)imsi»iik^ appro- hixHon waa.r^seted byi I beliavei one vote, and although 21 m m -A' ail fm:0^ .?.'t-?.;'Vv/l::^5skvl.: •^w •,''!M ■■<; ^si^' ■?> W-l t?i' ■!< iS !?». ^i ^%.: 322 INSUBOBDINATION OF THE MILITIA. [1814. no censure direct was attempted, yet a refueal to ap- prove left an impreesion ou the public mind no less in- jurious to my authority than the avowed hostility of the Senate." ^. The anival about this time at the Magazine Barracks of near four hunc^red of the militia of the Second Divis- ion, gave Claibor>.f some reason to hope that so patri- otic an exampln, might produce beneficial effects ; and on the 21st oiiiSebruary, he issued a proclamation renew- ing the orders of the 25th of December, and directing defaulters of every rank to be proceeded against in such manner as milititfy usage and the laws might juBtii3\ But this had no other effect than to inflame still more the public mina, and to draw down upon him an increased mass of abuse. It was again asserted in the public prints that there was no law, no, necessity, no danger to justify such a measure; and the oj^posing of force to force, if necessary, was not only advised, but almost de- termined on. The o^lcers oonuuanding most of the city corps wei-e assembled with the. most conciliatory views on the part of Mi^or-General Yiller^^ but with no satis- factory result. On the contrary, to the declaration of a positive unwillingness to obey the requisition, which, on a former occasion, had been ejii|)ressed by the non4com- missioned officers and privates, was now added a like de- termination by their several commanders, who, however, gave the most emphatic assurances of their readiness "to turn out in case of actual invasion,'' and who declared that, in the mean time, th«ir men did not olijeet to do duty by companies under tiie orders oimiU^ officers within the dty and Buburb%but to be relieved at short intervals. T^e secret ^ all tius oppositioa wa% t^e in- vincible repugnance of the €hi3ole and French papulation to be enlisted in the service of the United Siatea under officera not of their own choosing, and their appirehension •X, '<> ;i8i4. » ap- m in- )ftlie 'racks Oivis- patri- ; and renew- recting Q such jiurtify. L more sreased public iger to brce to loat dc- hc city f views 10 satis- ion of a bichfOn [>Il«COIU- ,like4e- lOwever, less "to iedared lit to do ioffioer» at short ^.ijiein- pulation es under eheusion 1814.] # • DANGER OF ▲ CIVIL WAB. 828 of being sent oat of the State, for which alone they were disposed at thn^ time to shed their blood. These occurrences did not pass unnoticed by the militia stationed at the Ma^'ozine Barracks, and chiefly composed of Americans. Their officers had a meeting, and sent to Claiborne an address, in which they protest- ed for themselves and their men against being mustered into the sei vice of the United States, until his orders of the 25th of December, 1818, and 2l8t of February, 1814, were obe^'ed by the city militia ; and, being wrought to a high Aefptee of excitement, ^ they made a tender of their services to enforce obedience." This circumstance, when known, produced so mttch irritation in Ihe bosoms of those who were thus threatened, that it would have led to a civil war, and to the drenching of the streets of New Orleans with blood, if Claiborne h»d acted with less discretion and prudence. " It is unnecessary to say," he wrote to Floumoy, "that such tender of service was not accepted. Neither my judgment nor my feelings approved of the raising of tiie arm of one citissm against his brother. The detadiment of militia at the Magazine Barracks were in consequence given to understand, that agaiilst the city corps I shonH alone ctirect thfe force of the law J which at best was feeble, but would, I fear, in the present case, prove wholly inoperative, from the un- willingness of the {)eople to co-operate; and that, in like manner, no coercion would be used to mustcir the militia from iheinterif^ into the service of the United States." This determination discontented that detaehment of militia to such an extent, that more than forty men deserted in a' single n^ht, and Clai^bonw thought it prudent to discharge the rest and send them back to their respective eonntiesb ^I shflH ii^^r cease to lamentj" such were (Haibome's expres^ons of mournM r^ret to Mournoy, ''that this ' .4. ■ :'■ ■' :.»V;-,..i..i4te!l 'If.;..''' *■ >„-T.s..'.. V iifti' .: .!• - ■ ^-■■■- ■•..-■,>'*V- KE*{' .:;k 'M mm i'\ ^y>> l'- '4\;:T;; :':;.j;>.^ rf! V -^'1 1-' : ■ ':«''i *^-''^'^^.^' •" , 324 OLAIBORTOS AND THE MILITIA. [1814. measure of the Government tbould have been wholly ^ defeated, and by the very people for whose benefit it was intended, and for whose safety I believed it to have been necessary. A militia requisition is at all times un- pleasant, and I had calculated on some trouble in carry- ing the late one into eftect. But I confess that anything like a general combination against it had not entered my mind. I an happy, however, in the belief that the great body of the militia are yet sound, and, in the event of an invasion, I persuade mys^ that the city corps would meet the enemy with promptitude and irmness. But what I must regret is, that they will not submit to mch previous discipline as is certainly necci^^Bcr}- to their combating witn advantage. Hence, in the moment of peril, we must place our greatest reliance on the regular troopSy and if the State is seriously menaced, a due re- ga^'d to its safety would urge tiieir immediate augmenta- tion. Among those who opposed your requisition for a militia military force were, doubtless, many individuals who really believed it unnecessary, Ulegal, and oppress- ive. But there were others, whose opposition was more guided by personal than public considerations. I have been too long in power in Louisiana not to have attract- ed the jealousy of some, the envy of others, and the ill- will of many. How far aH tfaia may have been deserv* ed^ is not for me to determina But I am not conscious of ever having wronged an individual, or betrayed for a moment the trust reposed in me. Pending the late elec^on for Governor of Louisiana my pretensimiB were resisted wit|i great warmth and perseverance by several infttiential citizens of New Orieans. I nevertheless succeeded, to-^e great disappointmoit and dtagrin of my opponents. In politics as in war, the ya]U|nished party often seek an opportunity €or revenga The . present was a fit occasion. The requisition was observed 1814.] § UNPOPULABTTT OF MILITIA DUTT. 325 to b« unpleasant to tke cnltivator, the mechanic and the^ merchant, and my opponents found the less difficulty in l)ringing the public prejudices against Uie measure to liear against the man. I repeat, Sir, that there were individuals among whom I had the mortification to find tiome of my old friends, who conscientiously believed the requisition unnecessary and oppressive. But among those who damored most against it^ are men whose views of ambition and personal aggrandizement I have opposed, and will continue to oppose, so longite I shall esteem those views inconsistent with the public weal. These men have certainlgr succeeded in 'lessening me in the confidence of a people whose appFolMtion,iiezt to an approving conscience, I am most solicitous to secure. But in their efforts to injure me^ I much fear that they have also injured a State whose safety and prosperity constituted the first and greatest objects of my care.*' These are the circumstances in which originated the " circular '' to which I have already referred. In that docum6.it Claiborne vindicated the autHbrity under which he had acted ; he cited the instructions he had received, and demonstrated 4he necessity of obedience on his part. ^^The direction of the national force, of which the militia constitutes the greater portion,'' he observed, ^^ belongs to the General Government The Constitution of the United States gives to Congress power to provide for caUing forth the mUiUa to esoeoute the lams of the Unions mppress meurrection ami re- pel immmon; for organising, arming and dis<»|:^niiig such pii*t of l^em as may be employe! ||i the ser- vice of the United States. In the ezereiiS of this power, by an act passed on the 28th of February, 1796, it is declared that^ whenever tibe United States shaH be invaded, or b»^n imminent dandier of invanon from any foreign nation, or Indian tribe, it shall be lawfbl for the -'■ tr-; ■■■■■'■'■ ^^.-f^'.^h K:m IBi' 'it-.'- .•-f"''''^*'' ''.' ■ '• ■ " ff-'Sr ' » '*;',V.' i . -ill £,."H",-^ '-'I. .».".l'',iA'''. ■ 1 ; i" .■i*..t ^i;il ■Mi 326 f THE MIUTIA BEFBACTOBY. [1814. President of the United States to call forth such number ^ of the militia of the State, or States, most convenient to ^ the place of danger, or scene of action, as he may judge ^ necessary to repel such invasion ; mid by another act passed on the 10th of April, 1812, one hundred thou- sand militia are placed at the disposition of the Presi- clent for the same purposes, to be apportioned by him among the several States of the Union from the latest militia returns in the Department of War, and in cases where suc^^eturns have not been made, by such other data as he shall judge equitable. Both or either of these l^^s authorized the late demand on the Governor of LouStiana £pr a thousand militia. The authority of the first act has never been questioned, and that of the second is acknowledged by almost every State and Territory within the Union. A paper . is, at this mo- ment, before me, which announces the march of two strong detachments of the North Carolina and South Carolina militia to the Creek Nation, under the requisi- tion of Maj(^General Pinckney. Is it possible that the Governors of these States, and such other Governors as have from time to time turned out their militia at the call of the President, have done right, and I alone am in error ? ' *< In 1806, when the Spaniards had crossed the Sabine, a rt^uisition from General Wilkinson (acting under the authority of the President) on the Executive of the then Territory of Orleans for a militia force was obeyed and, to make up the quota, a draft was ordered and en- forced. Y«^> that requisition had no greater legid force than the ]#e one. . . ..... ,,0,- . f ,• i» • • • • • • • '^ When it was found incompatible with the protection due to the other States to add to the number of regular troops on this station, the President had reason to ealcu' 1814.] FEDEBAt Bfi^mSUXCOr' BSSIStED. 327 '* late on tbe prompt and zealous cooperation <^ the local militia. Bat tbe result will, I susriect, be a subject of # as much surprise to him as it has been of disappoint- ** ment and chf^in to me. Bo not the citizens of Louis- iana enjoy equal privileges with citizens of other States, and have thevnutthe same interests to defend? Are we not exposed to as great dangers? Or ^ we appre- hend less injury ^m aa invading fli^f 1F could here enlarge on, and satisfat^nly demonilrate^^e expedi- ency of the requisition, but prudence £>rbiv|lme to he more explicit. Would it have been politic i;o await the actual approach of an enemy? It might have been too late to insure fiur saf^. Wherf doudf appJu* which portend a storm, does the prudent mariner delay his preparations until the blow commences?* When the officer of the main-top announces danger, do those below doubt the fact? When the seatinel gi^ the alarm, ought not every min to repair to his post? And when the President of the United States directed measures to be taken to di^end New Orleans againlMbi attack by the enemy, cBd it become me to say there Was no danger, no necessi^? liet it not be said that the #reo required would have left an'' section of the State too weak for the maintenance of a proper internal polic& Certain coun- ties were wholly exempt | in 1a8«%ning^e quota to others, a due regaid wa» pttid^ the l^cal situatbn, and from no one Parit^ was a greiater ^letaclmient drawn than ^e fred pofvulaftion mMy permitted. '^ I ikAl eay nothing, Bi^ of thf mbiii^Hpnvectives, with whic^, for the laslr few months, the iJiiliiiapers of this city hare been diaiged. An honest mftn has little to Ibar from pap«r bflll«riM& I have been exposed to them for sbHeen years, and I do not find that against the integrity of my private or public life they have made • ■ 'V i 'Hi ■■>#..■ •■■< ■■fif: fi J^^' «1 J«< • '.' t ! - 328 ^' OLAIBOBNE ON THE PKE8B. ■ :%-. [1814. Mt: ■ Jl: "1 ■.i.' U\ ,^ ■:(■■• n I . ■',) ^l'. .' l-t ■' 'I . " >■. ■• ;,: I- 1 ... "V ■'."> ■r: ■.. ■:"■;; ||^w'::.^f"'{>:;'''. ^■ .i- vj*;;' .V. f^>>- ■<. the smallest breach. It is true that, daring the first * two or three years of my residence in New Orleans, what with the warmth of the natnral and political atmos- phere, my blood was occasionally up to fever heat. But I am happily acclimated to both; The freedom of the press is just?y considered the bulwark of liberty, arid will, Lirust) be always supported by the prin- ciples of am dilt^nment and the opimons of the people. '^JM'^ this freedom in^Louisiana has been car- ried to ex(jm is seen and regretted. Perhaps it is an inseparable «vil from the good with which it is allied ; perhaps it is a shoot which canoot be stripped from the stalk wiwiout i|ijuring^the plant -itself. 'However desir- able, theref<»e, these measures may be which might cor- rect without enslaving the press, it wouM be hazardous to attempt them. The newspapers have had much agency . in defeating ^e late requisition. But their denuncia- tions should at all times be receiveus prosecution of the war« It is added, th^t ti^is section of the Union is to be attacked with the des^ of wresting Louisiana from the hands oi the United States and restoring it to Spain. *' A project so chimerical iUy comports with that char- acter for wisdom to which the ^English Gove -ament aspires, nor is it believed to be seriously contemplated. That the bare tumor, however, of such a design should awaken some anxiety, is cause of no smpriae. But if there be individuaii so much deceived as to suppose its accomplishment possible, they are cautaonedimpyinst being instrumental m deceiving others. The iniilit[iili| of the American GovevnmeUt^ ha less thui ttewriiiitlpMt. and honcv'c^ the Amai*9tea people, for^lihe reMf^shment of c»e inoh &f the American Teitttoiy. Whikt the Western rivers flow, no fofe%n power eim hold, of detach Loulnana ieom ^United States. She fiiay, Indeed, be tempc»*ari]y exposed tivxftfi invading foe, b^, ^ttntil by somo convubbn of nutnie, Uka^ muao^ai, gattant, and hardy race of men inhabiting the vMt tract of eountry watered by the tributary streams of the Missosippi shall become extinct, the political destiny of Louisiana is mm „ M'fii'Cfi Mt^;"}- ■■■:?- I--- ''-2 S i; wv 334 Louisiana's desttnt. [1814. mm. ''-£V^ ;.^ ■^1: J plactid beyond the possibility of a change. Her connec- tion, interest and government must remain American." On the 12th of the same month, Claiborne sent to the Secretary of War a copy of the orders which he had issued on the 6th, and observed to him in relation to the re- quisition : " This timely measure of precaution on the part of thelPresident will, I trust, meet the zealous support of every lover of his country. To this moment, not the slightast opposition to it has been manifested in this section of the Union, and I am happy in the belief that, on the present occasion, the force required of me will be arrayed with less difficulty than was experienced in meet- ing the late requisition made of me by General Flour- noy, under the oriders of the President. You will observe. Sir, that, in my orders, I make allusion to the report of a design on the part of the enemy to wreat Louisiana from the ha/nda of the United States and restore it to Spain I A stranger to the public feeling and sentiment here might think me* incorrect in noticing a rtimor of the kind. But believe me, Sir, it had made a serious impres- sion in this State. Some of the inhabitants sincerely desire a retrocession, and many seemed to consider it not only practicable, hut highly probable. To caution, there- fore, my fi^^w-citizens against harboring such a senti- ment, ai^iiiid to me a duty, and more so since i was fearft^*l4ey titiight||>therwise. be 1^ to a course of con- duct whi«h%ould weaken their alliance to the United States. How far this caution May produce the desired effect time will evince. But, at present, appearances are very favorable to the proudest wish of my heart, and which is, that, in any event, the Louisianiansnmy prove faithful to themselves and to the €k>vwiimeBt of the United States^ ^^ ^ The same* day Gfi whidh this communication xras ad- dressed to the Secretary of War, Claiborne wrote to fsu.] THE FUE£ MEN OF OQLOB. 835 General Jackson, who was exj^ected in New Orleans, to take command of the troops and provide tor its safety, a letter in which he informed him that, in a late inter- view with the offioers of the several militia corps of the city, he had been assured of their zealous aid in carrying into eftect the ordeni of the 6th of August in relation to the Federal requisition. *^How far their efforH," said Claiborne, ^* may be seowided by the body of the people, will in a short time be shown. On the native Ameri- cans and a vast mi^orit^p of the Creoles of the country I place much confidence, nor do I doubt theJideU^ ofrminy MuropeaiM who have long remded in the country. But thero are ifthere mueh devoted to the interest of Spain, and their partiality tor the En^iah is not less observable than their dislike for the Amwican Government Among the militia of New Orleans there is a battalion of chosen men of color, organized under a special act of the Leg- islature, of which I inclose a copy for yonr perusal. Under the Spanish Government the men of color of Ne\ ' Orleans were always relied on ia times of difficulties, and on several oocaois^is evinoed in the field the greatest firmness and courage. Under the late Territorial Gov- ernment, as well as undsr that of the State of Louisiana, much unwillingn68& was mani^Mrted in organizing and placing arms in the handa of fiwe men of cokn i»By the first it was wholly revised, but the ]^ter haa tirai^ht it advisable to reoogniaaa battalion vrIii linutecl^umbers, and under oertaan restrietions. The command of the battalion is committed to Colonel Fortier, a respectable and rich merdiaiit of New Orleaiis, and the second in command is Mi^or Liieost'i, a i-ieh and i^spectable plantiNr. j^Wi^ these gentlemen, and th« offifieva v«ttiK;h«i to companies (t^beae .last b«flBg men <^ oojcar)^, I had an in- terview on yestevday, and assured them that, in the hour 886 THB FUEK MEN OF OOLOB. [1814. \ VI ■fe.^ ^1 1' ''• 11 Il4<* 1.'? '\ *• If *■„ ;>•.»• > 'K I^'^' /^t; of peril, I should rely on their valor and fidelity to the United States. In return, they expressed their devotion to their country and their readiness to defend it. ^hey added their desire that all frde men of color in New Or- leans and its vidtnity^ whom they represented to be about six hundred, might be oiganized and received as a part of th^ militia, giving me to understand that such a measure would afford much sat||faction, and excite their greatest zeal in the cause of the United States. *'To this request I Imve for the present given no fur- ther complianc'' than to order that a census of the free men of color be taken and submitted to me without de- lay. These men. Sir, for the most part, sustain good characters. Many of them have exteauve connections, and much property to defend, and all seem attached to arm& The mode of acting toward them at ^e present crisis is an inquiry of importance. If we give them net our confidence, the enemy will be encouraged to intrigue and corrupt them. Inured to the dimate of Ixmisiana, and with constitutions and habits adapted to its ehanges the men of colcnr are well calculated to render serviee in this quarter, and in the event of invasion might be made particularly useM. - I think a 4x»rp» of tl»ee or four himdredi^Biight be easily raised^ who would willingly enter ^itothi serviee of the United States for aiz mimths, pi-ovidiir'! :Aiy b^yem^o^red in Louisianft. I wish to know ho# far yoii' might be authofiaed to receive such troops^ and also your opinion as to the expadiency of em- ploying t^m.'^ Ofi the 15th^Auge>•■■>' .-Mm 1 i;' ti'i^iivH B'^*'' 'llBfcB Wf';'\' ' \Uf I^^:,;>^ r'S- ■'■■■>■ ^^-^5--' ':■••• 388 SNOUBH PBOCLAMA'nON. [1814. Spain was bound to observe.* The same officer dated from Pensacola, on the 29th of August, the following proclamation : " Natives of LouiBianal On 70 . tho first call is made to assist in liberating fVom a faithless, imbecile government, your paternal soil. Spaniards, Frenchmen, Italians, and Britons, whether settled or residing for a time in Louisiana, on you also I call to aid me in this just cause. The American usurpation in this country must bo abolished, and the lawful owners 0^ the soil put in possession. I am at the head of a large body of Indians, well armed, disciplined, and commanded by British officers — a good train of artillery, with every requisite, seconded by the powerftil aid of a numerous Brit- ish and Spanish squadron of ships and vessels of war. Be not alarmed, inhabitants of the counti y, at our approach ; the same good faith and disinterestedness which has distinguished' the cod' duct of Britons in Europe, accompanies them here. You will have no fear of litigious taxes imposed upon you for the purpose of ca^ rying on an unnatural and ui\just war; your property, your laws, ^ the peace and tranquillity of your country will be guaranteed to you by men who will suffer no infKngemeflt of theirs ; rest assured that these brave Red Men only bum with an ardent desire of sat- isfaction for tho wrongs they have suffered from tho Americans, to join you in liberating these Southern Provinces from their yoke and drive them into the limits formerly prescribed by my sovereign. The Indians have pledged themselves, in the most solemn manner, not to injure, in the slightest degree, the persons or properties of any but enemies to their Spanish or English fathers ; a flag over any door, whether Spanish, French, or British, will be a certain .protection, nor dare any Indian put his foot on the threshold thereof, under penalty bf dejith from his own countrymen. Not even an enemy will an Indian pnt to death, except resisting in arms; and, as for injuring helpless women and children, the Red Men, by their good conduct and treatment to them, will (if it be possible) make tho Americans blush for their more inhuman con- .,duct lately on the Escambia, and within a neutral territory. Inhabitants of Kentucky, you have too long borne with grievous impositions ; the whole briint of the war has fallen on your brave sons ; be imposed on no longer, but either range yourti^ves under the standard of your forefathers, or observe a strict neutcality. If , • Historical Memoir of the War in West Florida and Loulslani'ln 1814-15, ^by Major A. Lacarriere Latonr,' p. 11. 1814.] BBITI8U COLONEL KIOHOLLS. 339 yoa comply with cither of those offers, whatever provisions yoa send down will be paid for in dollars, and the safety of the persons briti<^ing it, as well as the fVee navigation of the Mississippi, guar- anteed to you. " Men of Kentucky, let me call to your view (and I trust to your abhorrence) the conduct of those factions which hurried you into this civil, unjust and unnatural war. At a time when Great Brit- ain was straining every nerve in defence of her own and the liber- ties of tlie world — when the bravest of her sons vere fighting and bleeding in so sacred a oause-Avhen she was spending millions of her treasure in endeavoring to {.i:ll down one of the most formida- ble and dangerous tyrants that ever disgraced the form of man — when groaning Europe was almost in her la. t gasp — when Britons alone showed an undaunted front- -baselj lid tho' assutsinscn- dcavc to stab her from the rear. . She has turned c . them, renova- ted fVom the bloody but snccessfbl struggle ; £u or ? is happy and free, and she now hastens justly to aveng ' the unprovokc^ msult. Show them that you are not collectivol;> Ui< just ; leave that con- temptible few to shift for themselves ; lei these slaves of the tyrant send an embassy to Elba, and implore his aid ; but let every hon- est, upright American spurn them with merited contempt. After the experience of twenty-one years, can you any longer support those brawlers for liberty, who call it freedom, wheu themselves are free ? Be no longer their dupes ; accept of my offers \ everything I have promised in this paper I guarantee to you on the sacred honor of a British officer." This document, so faulty in style, and so deficient in common sense, produced ir> more effect on those to whom it was addressed, than ii 1.. had forever remained locked up in the confised brains which gave it to the T7orld. The object of tuis inconsiderable expedition under Colo- nel NichoHs, but ;he forerunner of the truly formidable one which was behind, seems to have been to sound the disposition of the inhabitants of the Flondas, Louisiana and Kentucky, to procure the necessary information for more important operations, and to secure pilots to con- duct the main expedition to our coast and to our waters, rather than attempt anything of a decisive character. It is worthy of remark f^at, in the abov^ reoitied proclaf ^^-v... l#- ■•"■: N! J ■'■. h i ■-'■ 3;; ♦j-.U- • It •* *•>}-;■ pi i*'^ *••■•• . , f.f * • ^ '■1 ^yvi si ■ • < ■ '•^ '1 U 340 COLONEL NI0H0LL8 TO THE TEOOPS. [1814. It-'. mation issued by ColoDel Nicholls it was openly declar- ed that the Spaniards, who were called in it the lawfiil owners of the soil, were again to be put in possession of Louisiana, and that a Spanish squadron was expected to co-operate with the British fleet. Researches in the archives of Spain would probably demonstrate whether this assertion was true. If true, it is probable that the expected co-operation of Spain was prevented by politi- cal necessities which compelled the Government of Fer- dinand Vn. to turn all its attention, energies and re- sources to those disorders which at the time were begin- ning to threaten its existence at home. Even in addressing his own troops, Colonel NichoUs had professed that the invasion of Louisiana was intend- ed more for the benefit of its inhabitants and of Spain, than for the interest of Great Britain; for in his orders of the day to the first colonial battalion of the Royal Corps of Marines, his words were : " A cuttse so sacred as that which has led you to draw your swords in Europe will make you un sheath them in America, and I trust you will use them with equal credit and advantage. In Eu- rope your aims were not employed in defence of your country only, but of all those who groaned in the chains of oppression, and in America they are to have the same direction. The people whom you are now to aid and assist have suffered robberies and murders committed on them by Americans. " xlie noble Spanish nation has grieved to see her ter- ritories insulted, having been robbed and despoiled of a portion of them while she was overwhelmed with dis- tress, and held down by the chains which a tyrant had imposed on her, gloriously struggling for the greatest of all possible blessings, true liberty. The trea herous Americans, who call themselves free, have attacked her, like assassins, while she was fallen. But the day of % [1814. leclar- iawftil ion of :tedto IB the hetter lat the politi- of Fer- md re- 5 begin- ^icholls intend- f Spain, rders of al Corps as that [ope will just you InEn- of your le chaina ibe same aid and itted on 1814.] OLATBOJ^STe's AVPBEHENSIOIfS. 341. retribution is fast approaching. These atrocities will excite horror in the heart of a British soldier ; they will stimulate you to avenge them, and you will avenge them like British soldiers. Valor, then, and humanity !" The gathering storm, so visible on a not distant horizon, increased Claiborne's anxieties, and he wrote to General Jackson that preparations for offence and defence should rapidly progress, and that, on his part, nothing would he omitted which his means permitted, to give him (the General), whenever called upon, the most prompt sup- port. "But," said he, "those means are at least ex- tremely limited. With a population differing in lan- guage, customs, manners, and sentiments, you need not be surprised if I should not with entire certainty calcu- late on the support of the people." Such communications, and they were frequent, must have produced a deep ynpression on Jackson's mind, and must have confirmed the worst apprehensions which he might have entertained ; for, a few days before, Claiborne' had informed him that the militia of the State was un- disciplined, for the most part unarmed, and infected with a leaven of disobedience, which had been encowaged hy the Legislature, " Upon the whole," said h^ '•o General Jackson, " I cannot disguise from you the fact that, if Louisiana should be attacked, we must principally de- pend for security upon the prompt movement of ihe regular troops under your command, and the militia of the Western States and Territories. At this moment we are in a v^ry unprepared and defenceless condition. Several important points of defence remain unoccupied, and, in case of a sudden attack, this capital would, I fear, fall an easy sacrifice. I beg you. Sir, to pay us a visit as early ae your public duties may permit. Your presence here is greatly desirable, for some arrangements might he made which would contribute much to our safety." ■.#.•■ '^ mm Mi. % ::-">'^--?VW „ . , ' f '• rh.'ft wMy ^HC''* '''■•■" M: h"§: mM'^' mxi: ij-j'-ifST'* m' mil 8.-VI*. •' H : ",■ ■ A''> ■ ' ■'5. i;; .■ ■ >.■■ ■ ^.4ir - ■■•-'■1 - ir- 342 Claiborne's appbehensions. [1814. ' Hardly had a few days elapsed, when he again ad- dressed General Jackson in these terms : " Contrary to what I had anticipated, the battalion of freemen of color have not acted to-day with their accustomed propriety. The great majority were absent from parade, and much discontent iz said to prevail. The officers have assured me that thie discontent is local, or rather of a personal nature, and not directed against the Government. I, however, strongly suspect that some Spanish or English agent has made injurious impressions on the minds of the people. But the subject shall be fiilly probed, and the result communicated to you ; for, charged as you are, Sir, with the defence of the 7th Militia District, in which Louisiana is included, I should consider myself wanting in duty not to keep you advised of every occurrence which may in any manner affect the safety of this State.'' On the 26th of the same month- he reverted to the subject which seemed to agitate his mind, and again communicated to General Jackson his gloomy apprehen- sions. " I cannot," he wrote, " disguise from you the fact that I have a difficult people to manage. At this moment, no opposition to the requisition has manifested itself; but I am not seconded with that ardent zeal which, in my opinion, the crisis demands. We look with great anxiety to your movements, and place our greatest reliance for safety on the energy and patriotism of the Western States. In Louisiana there are many faithful citizens, but I repeat that there are others in whose attachment to the United States I cannot confide. These last persuade themselves that Spain will soon re- possess herself of Louisiana, and they seem to believe that a combined Spanish and English force will soon appear on our coast. . . . . . . i ' I .■ ( , 1814.] OLAIBOBNE TO GENERAL JACKSON. 343 "I need not assure you of my entire confidence in you as a commander, and of the pleasure I shall experience in supporting all your measures for the common defence. But, Sir, a cause of indescribable chagrin to me is, that I am not at the head of a united and willing people. Native Americans, native Louisianians, Frenchmen and Spaniards, with some Englishmen, compose the mass of the population. Among them there exists much jealousy, and as great difference in political sentiment as in their language and habits. But, nevertheless, if Louisiana is supported by a respectable body of regular troops, or of Western militia, I trust and believe that I shall be enabled to bring to your aid a national and faithfiil cofps of Louisiana militia ; but if we are left to rely principally on our own resources, I fear existing jealous- ies will lead to distrust so general, that we shall be enabled to make but a feeble resistance." Two days after, on the 29th, Claiborne, according to his constitutional habit, had oscillated from distrust to confidence, and wrote as follows to General Jackson: "The militia of Louisiana seem much better disposed than they were last year to take the field, and I hope to be enabled to array this State's quota of the requisition without difficulty.'* The reason for this change ought to have been apparent to his mind. The year preceding, the citizens of Louisiana did not believe in the rumors of danger with which tixey were threatened, and were, therefore, loath to turn away from their ordinary pursuits and the comforts of home. But when the invasion mth which they had been menaced became a demonstrated calamity against which they had to guard their country, they, to one man, sprang to such arms as were within their reach. In the beginning of September, Claiborne addressed to Girod, the Mayor of New Orleans, a communication w '?'. i; /■*.':*: r^"^' tej' .- *■-■ Pr' :sf j' • »^r^«:J ''J2-2 • ■i «•■ i?*„. 344 OLALstORNE TO THE LOUISIANIANS. [1814. enjoining the utmost vigilance and the strictest police with respect to the admission and resir nee of strangerh in the city. "The attention of the Mayor and City Coi'T nl to this interesting subject is," he said, "respect- ftill 7 'Tivited. It is confidently reported that a British of^ er, coming from the Balize, passed whole weeks in this city, and unless some efficient measures by the city authorities are promptly resorted to, I fear that their visits may be repeated, and without detection." On the 8th, he issued general orders for the militia, in which he stimulated their zeal in these words : " The Commander-in-Chief persuades himself that no efforts whicb have been, or may be made, to divide us, will prove successful. The intrigues, the means of corrup- tion by which in other countries our enemy has so much profited, will doubtless be attempted here. But his character is well understood, and it is hoped that his arts will not avail hina. In defence of our homes and families tbere surely will be but one opinion — one sentiment. The American citizen, on contrasting his situation with that of the citizen or subject of any other country on earth, will see abundant cause to be content with his destiny. He must be aware how little he can gain, and how much he must lose, by a revolution or change of government. " If there be any citizen who believes that his rights and property would be respected by an invading foe, the weakness of his head would excite pity. K there be an individual who supposes the kind of force with which we are menaced could be I'estrained ftom acts of violence, he knows little of the character of thos0 allies of Great Britain who committed the massacre at Fort Mimms. " In these evil days, small indeed is the portion of af- fliction which has hitherto befallen Louisiana. When a hostile army breaks into the territory of a nation, its 'Wr- 1814.] PUBLIC MEEnNG. 345 sH course is marked wiih scenes of desolation wLich centu- • ries of industry cannot repair. With what union, with what zeal, should all our energies be exerted to defend our country against like misfortunes I" The same day on which he issued these general orders for the militia of Louisiana, he wrote to Governor Shelby, of Kentucky, to impress him with the urgency of for- warding to the defence of New Orleans all the troops which were expected from that State. " I do not know," he said, " how far I shall be supported by the militia of my own State. It grieves me to say that, to this moment, there has not been manifesied all that union and zer.l which the crisis demands, a ^d which is so essential to our safety. There is d«spondercy among the Louisian- ians which palsies all my preparations for defence. They see no strong regular force around which to rally, and they seem to think themselves not within the reach of seasonable succor from the Western States. But were a strong detachment of the militia of your State to descend the Mississippi, it would, I am persuaded, inspire my fellow-citizens here with confidence, and call forth their zealous and united effort in the defence of the country and Government," On the 15th, a verj^ numerous and respectable meeting of the citizens of New Orleans and its vicinity was held, pursuant to public notice, at Tremoulet's Coffee House, to consider the propriety of naitiing a committee to co- operate with the constituted authorities of the State and General Government in suggesting measures of defence, and calling out the force of the country in the present emergency. Edward Livingston was called to the chair, and Richard Relf was appointe4 Secretary. lAvingston, after an eloquent speech, proposed the following Reso- lutions : " Resolved, That on all important national questions it is proper, "h ..s'-..V'-.--*i3.i ci^^m •••, ■•♦, |.'."-.<^''.vlu¥ 346 PATRIOTIC BESOLUnONS. [1814. asv.;vj I?*'-: and in urgent emergencies it is necessary, for the citizens of a free government to aid their magistrates nnrl officers by a proffer of their supi>ort in the performance of their funotionf " Resv'ved^ That in this State such an expression ot public opin- ion is peciiliarly proper, because the (iieiuy has dared lo ..Ilege that wc are di^iaffected to our go". t mmerii,, ti d iv i*dy ^-n as-i v ' ".m in his attempts on our indepepdencr — an alleg^atlon v. hich v. « iioclare to be false and insidiouw, tending to oreuie doubts of our fidelity to the Union of which we -vre a member, and which we repel with the .indignatioa they are calculated to inspire. *^ Resolved, Thni a union vT-th thi other States in necessary to the prosperity of this, and that vrliile we rely upon them for assist- anc*> and protection, we will siot h^ wanting u: every fxertion pro- ])ortionate to our strength, in order to Diaintain internal tranquil- !iiy, repel Invasion, and preserve to the United States this import- ant accession to its commerce and security. ^* Jit solved, as the sense of this assembly, that t!ie good people of this State are attached to the Government of the United States, and that they will repel with indignation every . attempt to create disaffection and weaken the force of the country, by exciting dis- sensions and jealousies at a moment when 4inion is most neces- sary. " Resolved, That we consider the pi-eaent 'x& a crisis serious, but not alarming — that our country is capable of defence — ^that we do not despair of the Republic, and that wo will, at the risk of our lives and fortunes, defend it. ** Resolved, That a committee of nine members be appointed to co-operate with the constituted civil and military authorities in suggesting means of defence, and calling forth the energies of the country to repel invasion and preserve domestic tranquillity." Edward Livingston, Pierre Foucher, Dusuau de La Croix, B. Morgan, G. M. Ogden, D. Bouligny, J. N. Des- tr«^Lan, J. Blanque and A. Macarty were appointed on the Committee. They immediately issued the following address : " Fellow-citizens : — ^Named)>y a numerous assembly of the citizens of New Orleans to aid the constituted authorities in devising the most certain means of guarding against the dangers which threaten you, our first duty is to apprise you of the extent of those dangers. Your opea enemy is preparing to attack you from without, and, by ■fi; '■A -a '•l^;-:' mgers. md, by 1814.] committee's ADDBESS to L0UI8IANIANS. 347 means of his vile agents dispersed through the country, endeavors to excite to insurrection a more cruel and dangerous^pne in the midst of you. " Fellow-citizens, the most perfect union is necessary among all the individuals who compose our community ; all have an equal interest in yielding a free and full obedience to their magistrates and officers, and in forwarding their views for the public good; all have not only their property, but their very existence, at stake. You have, through your representatives in the Convention, con- tracted the solemn obligation of becoming an integral part of the United States of America ; by this' measure you secured your own sovereignty, and acquired the invaluable blessing of independence. God forbid that we should believe there are any among us disposed to fail in the sacred duties required by fidelity and honor. A just idea of the geographical situation of your country will convince you that your safety, and in a greater degree your prosperity, depends on your being irrevoca;bly and faith^Uy attached to a union with the other States. But if there exist among you men base or mad enough to undervalue their duties and their true interest, let them tremble on considering the dreadful evils they will bring down upon themselves and upon us, if by their criminal indifference they favor the enterprises of the enemy against our beloved country: " Fellow-citizens, the navigation of the Miss'^^'.ppi is as neces- sary to two nullions of our Western b^thren, as the blood is to the pulsation of the heart. Those brave men, closely attached to the Union, will never suffer, whatever seducing offers may be made to them, the State of Louisiana to be subject to a foreign power ; and should the events of war enable the enemy to occupy it, they will make every sacrifice to recover a country so necessary to their existence. A war ruinous to you would be the consequence ; the enemy, to whom you would have had the weakness to yield, would subject you to a military despotism, of all others the most dread- ful; your estates, your slaves, yoia persons would be put in requi- sition, and you would be forced, at the point of the bayonet, to fight against those very men whom you have voluntarily chosen for fellow-citizens and brethren. Beloved countrymen, listen to the men honored by your confidence, and who will endeavor to merit it. Listen to the voice of honor, of duty, and of nature. Unite I Form but one body, one soul, and defend to the last ex- tremity your sovereignty, your property; defend your own lives, and the dearer existence of your wives and children." It is not known wliy Blanque, wlio was one of the n- h ■•.?■■■; Sf*4v^ ■'''^¥"^ '..1- ■:'':(:'.■ y. j' . '■.5.-'' ■i., :>jt < ■ ■ "• . ■ > ■'■■ •-' » . .. i f^ 848 CLAIBOBKE TO MATOB 6IB0D. [18U Committee and one of the leading members of the Legis- late •'e, di^not sign this address, which it is impossible to read - Jthoiit inferring from its tone that its authors had some secret misgivings as to the existence of that unity of feeling and action which they so pathetically recom- mended, and of which they affected to have no doubts. On the 17th, Claiborne sent to Gu'od, the Mayor of the City, a communication, in which he informed that magistrate that New Orleans had been of late visited by a number of persons of suspicious conduct and char- acter, and ampng them, as he had reasons to believe, by agents of the enemy, who had been busily engaged in exciting the negroes to insurrection. He said he knew that the powers of the City Council were merely local, and that its means of action were circumscribed, but nevertheless he invited the city authorities to co-operate with him as far as they could, and he invited them also to a careful revision of the several ordinances relative to the admission and residence of strangers, and to the po- lice of slaves. "Regulations the most rigid on these points," he said, " are highly desirable. Such as are now in force were made in the calm of peace, and may not be suited to the evil times on which we have fallen. We must not scruple, at the present moment, about the ex- . orcise of authority ; w^e must proceed direct to our ob- ject, and do whatever may depend upon us for the general security." In the mean time, the British were carrying on with activity their plan of invasion. Their first effort was directed against Fort Bowyer, which, commanding the entrance of Mobile Bay, and consequently the navigation of the rivers which empty into it, was a point of con- siderable military importance, pai'ticularly in contribut- ing to the success of the intended operations against %'_ 1914.] ATTACK ON FOBT BOtTTEB. 849 Louisiana.* It also commands that species jof Archi- pelago whieli extends in a parallel directi(JlL to Pass Marianne and Pass Christianne, Affording to its possessors an exclusive control over the navigation of the coast of West Florida. This important strategical point was de- fended by Fort Bowyer, which was but a very incomplete fortification. It was destitute of casemates even for the sick, the ammunition and provisions. Moreover, it was badly situated, as it was commanded by several mounds of sand at the distance of two to three hundred yards. The garrison, under Major Lawrence, consisted Ojf one hundred and thirty men, including officers, with twenty pieces of cannon, but indifferentlj- mounted. Some of them were on temporary platforms, and the men were exposed from their knees upward. On the morning of the 12th, tbe enemy landed six hundred Indians and one hundred and tbirty marines. In the evening, two English sloops-of-war and two brigs anchored within six miles east of the fort. On the 13th and 14th, the forces of the enemy which were to operate on land were engaged in reconnoiteiing the back part of the fort, and in fortifying their own position. A fow cannon-balls and shells were exchanged between the belligerents, without much effect on either side. Early on the morning of the 15tb, the movements of the enemy gave clear indications of his intention to attack, and a very active communication was perceived between the ships and the troops on shore. The conflict was to be an unequal one ; for, as I have said, the Amer icans numbered only one hundred and thirty men with twenty pieces of artillery, whilst the Britisb forces amounted to thirteen hundred and ^irty men, with ninety-two guns, ninety of which were thirty-two-pound * Lacarrl^re Latour'a Htatorieal Memtilr; p. 81. :*v^^ IT ,-:<,;•;,■.•. '..-.'■('iirai'll -■.-.;. ■■■I-:.* 350 OF FOBT BOWYSB. [1814. '. •■'> - v. 5i' '..*■;, I §$.'1; f'i ■ • Sjt*V«'' '" ■ • narronaiip^ Their fleet consisted of the sloops Hermes and Car A, and of the biigs Sophia and Anaconda, under the command of Captain Percy. Major Lawrence, at this critical moment, called a council of all his officers. They unanimously agreed to make the most obstinate and vigorous defence, and adopted the following resolution : " That in case of being, by imperious necessity, com- pelled to surrender (which could only happen in the last extremity, on the ramparts being entirely battered down, and the garrison almost wholly destroyed, so that any furthei* resistance would be evidently useless), no capitu- lation should be agreed on, unless it had for its funda- mental article that the officers and privates should retain theii' arms and their private property, and that on no pretext should the Indians be suffered to commit any outrage on their persons or property ; and unless full assurance were given them that they would be treated as prisoners of war, according to the custom established among civilized nations." All the officers of this Spartan band unanimously swore that in no case, nor on any pretext would they recede from the above conditions ; and they pledged themselves to each other that, in case of the deal of any of them, the survivoro would still consider themselves bound to adhere to what had been resolved on." Late in the afternoon, at half-past four, the Hermes came to anchor within musket-shot of the fort's batteries, and the other three ships took their line of battle behind her. Soon the engagement became general, and a land batter)', which had been established by the enemy at seven hundred yards from the fort, opened Are against it with a twelve-pounder and a six-inch howitzer. It was lOon silenced, however, but the firing between the ships :Vi. 1814.] ATTACK OS FOBT B dW^ES. 351 and the fort was kept up with great foiy, M^Ihalf-pant five, when the English commander's flag wi#9Mned away by a cannon-ball. On' observing this occurrence, Major Lawrence in- stantly ordered the fire to cease, thus chivalrously paus- ing for a fiMher manifestation of the intention of the enemy, who also discontinued firing for about five min-^' utes, at the expiration of which all doubts wert^removed^ by a broadside from one of the ships, and the hoisting up ^ of a new fiag on board of the Hermes. The fort replied with all its guns, and the battle continued for some ^me without any abatement, when the Hermes, having Had her cable cut^ was carried away by the current, and* pre- sented her prow to the fort, whose well-directed fire swept her deck for fifteen or twenty minutes. At the moment whan the fire was most intense, the flag-staff of the fort was shot away ; but the Hei-mes, instead of fol- lowing the example so recently set by Major Lawrence, redoubled her fire instead of suspending it, and each one of the other ships poared her broadside against the fort. When the American flag thus accidentally disappeared, the land forces, thinking that the fort Was to sun^ender, hastily advanced toward it, with loud shrieks oh the part of the Indi^yos, but a few discharges |>f .grape-shot sent them away to seek shelter behind^ their sand mounds, and the star-spangled banner soon rose up again on the edge of the piprapet in a still more defiant position. Dur- ing this interval, the Hermes, having not been able to re- pair the loss of her cable, had drifted away with the current about a mile, when ^e got agroimd, and was set oD fire and abandoned by the British. Soon after, the other ships, which had been much damaged, retired grad- ually beyond the reiach of our guns,, and finally disap- peared seaward. At 11 o'clock iie Hermes blew up, suddenly illumining with her explosion the late scene of •'J • '^'\ J 'T . .l.f 1. 1 ; -: ff. Y (I * -^ ■ ■ '> " .■■'.■ ti •* ■ '' ': ■•.; i^:■■ I.'V^^ .•: -Ill*' ^'-."iJfriii^'' ; . "^ s 86 i BBITISH BEvULJ^D. [1814. tbat fierce ^ntest, on which row had nettled the dark- ness and t!ke tepoBe of night. The Americans were justly proud of this victory, for its results were remarkable, consideiing the disparity of the forces engaged and of the implements of war used on the occasion. They had only twelve gunsA^hich could ^be brought to bear on the enemy, and these guns were rorked iby inexperienced men, who knew nothing of J" artillery service, with which even some of their officers ' ^ were far from being familiar. Yet they succeeded, with ve]9!^%tlile loss, in signally defeating an enemy whose superl^ty has been shown to be so striking. Only two jof fneir guns had been silenced ; their killed jdid not exceed four, which was also the «iumber of their wounded, whilst the British had one hundred and .sixty-two men killed ,^nd seventy wounded, losing one 28-gun sUp, and hav- ing the other three badly dam^.ged. The humiliation of the enemy was complete, and made keener from the fact that Captain Percy, relpng with too mueh pride on the number of troops and guns with which he was to attack Fort Bowyer, had openly boasted that he would take it in twenty minutes. This victory produced great elation, and was looked upon as the welcome harbinger of fiitiu'e triumphs. On the 21st, General Jackson issued from hit headquarters at Mobile the two following proclamations — one ad- dressed to the white population of Louisiana, and the other to its free colored inhabitflits : "Louisianians, the base, the perfidious Britons have attempted to invade yoijf country ; they had the'temerity to attack Fort Bow- yer with their incongruous horde of Indians and negro assassins ; they seemed to have forgotten that. this fort was defended by free- men ; they were not long indulged in their error ; the gallant Law- rence, with his little Spartan band, has given them a lesson that will last for ages; he has taught them what men can do, when fighting for their liberty and contending against sla\ e8« He has , -pi- ll «-T ■ 1614.] OENEBAL JACKSON'S PBOCDKKATION. liii 358 'f 4 ^ ' [e has convinced Sir W. H. Percy that his companions-in-arnui are not to be conquered bj proclamation*, and that the ■trongwtBiltiah bark is not Invulnerable to the fome of American artillery, directed by the steady, nervous arm of » freeman. " Lonisianians, the proud Briton, the natural and sworn enemy of all Frenchmen, has called upon you, by proclamation, to aid him in his tyranny, and to prostrate the holy temple of our liberty. Can Louisianians, can Frenchmen, can Americans,* ever stoop to be the slaves or allies of Britain ? ''The proud, vainglorious boaster. Colonel Nicholls,^hen he addressed you, Louisianians and Kentttckians,'had forgotten that you were the votaries of freedom, or he never would have pledged the honor of a British officer for the faithftil performanf)^ «f bis promise to lure you from your fidelity to the govemmen^f^l^^^*"^ choice. I ask you, Louisianians, can we place any oonfidemaflwin the honor of mm ^ho have courted an alliance with pirates and robbers? Have not these noble Britons, these honorable men, Colonel Nioholls and the ]^onorable Captain W. ^, Percy, the true representative^ of their rx^yal master, done this? Have they not made offers to the pirttei of Bamtarift to Join them and their holy cause? And have they not dared to insult you by calling on you to associate, as brethren, with them and these hellish banditti ? "Louisianians, the government of your choice is engaged in a just and honorable contest for the security of your individual and national rights. On you, a part of America, the only country on earth where every man enjoys freedom, where ilk blessings are alike extended to the poor and the rich, she calls to protect these rights ^m the invading usurpation of Britain, and she calls not in vain. I well know that Qvery man whdse soul beats high at the proud title of freeman; ^hat every Lonisianian, either by birth or adop- tion, will promptly ob^ the voice of his country, will rally round the eagle of Columbia, secure it from the pending danger, or nobly die in the last diteh in its defence. " The individual who refhses to defend his rights when called upon by his government deserves to be a slave, and must be pun- ished as an enemy to his country, aad a friend to her foe. " The undersigned has been intrusted with the de^ce of your country. On you he relies to fud in this important duty ; in this reliance he hopes not to be mistaken. Be trusts in the justice of his cause apdthe, patriotism of his countiTmen. Confident tha,t any future attempt to invade our soil will be repelled aa the last, he calls not upon either pirates or robbers to Join him in the glorious cause.** 28 >^Kr^i ■ .V a ■ * 7' r*'- tm • ■. i-i'l*^ i''i5*hr'"' ■ "■ v^^■-•«f'':^■■i;'■;•!»;•'^■^ 1 ''.','.•'.? -if-.:"'" •■•..?. ,..;-».'^f-.f.''* i .■>^p: *. "i.. ' ..'>:-' fl' Kvt- " .'■■\ if •■iTiJ: • i^;'.-:: '^T "ffii ■l.r-i. - e fi.Kic- 354 GEJfEEAL Jackson's proclamation. [1814. Hiis 36cument did not escape criticism. It was thought by some to be written in an undignified tone of anger, which had betrayed its author into the use of ep- ithets both unbecoming and untrue in their application. Britons were not "slaves," and it was hardly possible to proclaim therp to be in this degraded condition, without ranking still lower the rest of mankind, with the excep- tion of«the Americans. The Louisianians were very un- willing thus to Admit constructively that they had been slaves, even when living under Governments by which the liberties "md rights of subjects were far more restrict- ed, than by the one which has been the boast and the glory of Great Britain since the overthrow of the Stu- arts. The word " slave" applied to Englishmen grated harshly, notwithstanding national antipathies, on the ears of Frenchmen, Spaniards and other Europeans, who constituted a numerous body in New Orleans, and who felt instinctively that this contemptuous expression could not strike England without glancing from her breast to their own. It might be inferred that they were at best but emancipated slaves aihong the free:bom Americans. Hence this address was looked upon by the discontented as a poor specimen of tact and policy ; and there were others who took pleasure in railing at the assertion, so compla- cently repeated, that the Louisianians were bound in honor to defend the Government of the United States, as " the Government of their choice," when it was so well known how little they had been consulted on the subject, and how harshly they had been treated on their first contact with their new brethren — with that great national family into whose bosom it had been expressly stipulated that they should be admitted on a footing of equality with the other members. These censorious re- marks, however, did not produce much eflfect on the mass of the population. But his second prodamation was 1814.] JACKSON TO THE COLORED MBIT. iV'dS^M 356 considered more objectionable even by tbe well-affected. It was addressed to tbe free colored men, and ran as follows: " Throagh a jtnistaken policy you have heretofiw* been deprived of a participatioii in the glorious struggle for national rights in which our country is engaged. This no longer shaU exist. "As sons of freedom, you a aow called upon to defend our most inestimable blessing. As Americans, your countiy looks with confidence to her adopted children for a valorous support, as a faithful return for the advantages enjoyed under her mild and equitable government. As fathers, husbands, and' brothers, you are summoned to rally round the standard of the eagle, to defend all which is dear in existence. " Your country, although calling for your exertions, does not wish you to engage in her cause without amply remunerating you for the services rendered. Your intelligent minds are not to be led away by false representations. Your love of honor would cause you to despise the mapi who should attempt to deceive you. In the sincerity of a soldier and the language of tr^th I address you. " To every noble-hearted, generous freeman — ^men of color, vol- unteering to serve during the present contest with Great Britain, and no longer, there will be paid the same bounty in money and lands now received by the white soldiers of the United States, viz : one hundred and twenty-four dollars in money, and one hundred and sixty acres of land. The non-commissioned officers and pri- vates will also be entitled to the same monthly pay and daily ra- tionE, and clothes, ftimished to any American soldier. " On enrolling yourseh es in companies, the Major-General com- manding will select officers for your government from your white fellow-citiaens. Your non-commiesioned officers will be appointed from among yourselves. " Due regard will be paid to the feelings of freemen and sol- diers. You will not, by being associated with white men in the same coi'ps, be exposed to improper comparisons, or ui\jabi sar- casm. As a distinct, independent battalion, or regiment, pursuing the path of glory, you will, undivided, receive the applause and gratitude of your countrymen. " To assure you of the sincerity of my intentions and my anxio* ty to engage your invaluable services to our country, I have com- municated my wishes to the Governor of Louisiana, who is fully u Cfy; ¥■ ■1 'mm '•S .■: ■■■■<■■ '^'•/■* '-■ . .V. ■>?., K. ^y-f^ <'i>: i ■•'.>--i^''' i ■ •i'iv ' '■ 4-V'),; ■■f. * m 1. • »-'' - fit' pi: It i-U i'. ■ '■', .♦', " " ■■ ■'■•* ''i Pu ^■r Iff-';?'* \< ■' ■ ' ■''m"^: Iiifc *<>■ ' ..*' ■■:■■':>.•' . I i V , , ••'•■«.«, '■^■. I 356 JACKSON TO THE 0OL0BI3) IklEN. [1814. informed as to the manner of enrollment, and will give you every necessary information on the subject of this address.'* This proclamation was looted upon by many as ex- ceedingly objectionable, on the ground of its putting the colored men too mach on a /boting of equality with the whites. It was denied that the native mnlattoes of Lou- isiana were entitled to the appellation of " sons of free- dom," and that the colored refugees from St. Domingo had any claim to being called the " adopted children" of the State. It was still more strenuously denied that they could, whether " natives" or " adopted children," be prop- erly designated as " Americans," — a question which was judicially raised years afterward, and which was de- cided in the negative by the Supreme Coui-t of the United States. Even those who were the best disposed toward that peculiar class of the poptilation objected to their being raised to the dignity of being de- nominated as the " fellow-citizens" ^and the "country- men" of the white race. Claiborne had foreseen, as will be seen hereafter, the bad effect to be produced by this last proclamation, and had in vain sought to avert it by sending gentle hints on the subject to General Jackson. Whilst planning against Fort Bowyer the attack which has been described, and which was so signally defeated, the English had not beeji unmindful of another point from which, as alluded to in one of General Jackson's proclamations, they had hoped to derive assistance in their contemplated invasion of Louisiana. This was the Bay of Barataria, which was known by them to be the asy- lum of a large number of desperate outlaws, who were supposed to be inimical to the Government of the United States, by which they were proscribed. On the 3d of September, an English brig had anchored six miles frcn the Baratariii, Pass, and had sent ashore a flag of truce with Captain Mc Williams and Captain Lockyer, of the undt tion the Johi nant Tc insti Brifcj 'W 1814.] COLONEL NIOHOLLS TO JOHN LAFITTE. 357 British Navy, as special messengers to John Lafitte and his associates. They delivered to that individual a let- ter from Colonel NichoUs, who addressed Lafitte as " The Commandant at Baiataria," and in the following style: " I have arrived in the Ploridas for the purpose of annoying the only enemy Great Britain has in the worid, as France and England are now friends. I call on you, with your hrave followers, to enter into the service of Great Britain, in which yon shall have the rank of a captain. Lands will he given to you all, in proportion to your respective ranks, on a peace taking place, and I invite you on the following terms : Your property shall be guaranteed to you, and your persons protected — in return for which I ask you to cease all hostilities against Spain, or the allies of Great Britain — your ships and vessels to be placed under the orders of the commanding offi- cer on this station, until the commander-in-cluef s pleasure is known ; but I guarantee their full value, at all events. I herewith inclose you a copy of my proclamation to the inhabitants of Louis- iana, which wUI, I ti'ust, point out to you the honorable intentions of my Government. You may be a useful assistant to me in for- warding them; therefore, if you determine, lose no time. The hearer of this. Captain McWilliams, will satisfy you on any other point you may be anxious to learn, as will Captain Lockyer, of the Sophia, who brings him to you. We have a powerful reinforce- •ment on its- \^y here, and I hope to cut out some other work for the Americans than oppressing the inhabitants of Louisiana. Be expeditious in your resolves, i i'- rely on the verity of your very humble servant.''^ It is certainly not possible to suppose from the tone of this letter, and the offers which it contains, that Colo- nel NichoUs, of the British Army, would ever have dared, under any cu'cumstances, to address such a communica- tion to any one whom he considered as justly bearing the character of a " captain of pirates,'' which imputation John Lafitte had always protested against, and indig- nantly repelled as a calumnious aspeision. To this letter of Colonel Nicholls were annexed the instructions given by Sir W. H. Percy, Captain of His Britannic Majesty's ship Hermes, and senior officer in :, ' ■■■ ,V -■ }»*" 'ill"' ■ .■ > V-,. ' . 'I ,:":T.*.*.-<1 • . ■I.r'.'"} j^-:r- .;^;-.'*' ,. -■.'■>!■■« > •■<■(•», ■. , /■^■•^■^ ' f:P ,.^!l?k SIB W. H» P3B0Y TO JOHN LAFITTE. [1814. the Gulf of Mexico, to Captain Lockyer, of his Majesty's .sloop Sophia. In that document he applies the softest and most guarded language to Lafitte and his compan- ions, in relation to their status, and designates them as the "inhabitants of Barataria." It ran as follows: " Haviug understood that some British merohantv^cn have heen detained, taken into, and sold by the inhabita7its of, Barataria, I have directed Captain Lockyer to proceed to that place and in- quire into the circumstances, with positive orders to demand in- ' stant restitution, and, in case of refusal, to destroy to his utmost «very vessel there, as well as to carry- destruction over the whole place ; and, at the same time, I have assured him of the co-operation of all his Mt^esty's naval forces on this stati6n. I tru(it, at the same time, that the inhabitants of Barataria, consulting their own interest, will not make it necessary to proceed to such extremities. I hold out at the same time a war instantly destructive to them, and, on the other hand, should they be inclined to assist Great , .Britain in her just and unprovoked war against the United Statee the security of their prouertj?, the blessings of the British Consv' tution ; and should they be incliued to settle on this continpn , lands will, at the con^'lnsion of the war, be allotted to them in his / Majesty's colonies in ^imerica. In return for all these concessions , on the part of C -3at Britain, I expect that the directions ot their ^,armed vessels v ill be put into my hands (for whidi they will bep remunerated) — 'ho 'nstant cessation of hostilities against the Span- ish Govemmert, and the restitution of any undisposed property of that nation. *' Should any inhabitants be inclined to volunteer their services into his Majesty's forces, either naval or military, for limited ser- , vice, they will be received; and if any British subject, being at Barataria, wishes to return to his native country, he will, on joining his Majesty's service, receive fVee pardon." It is evident that Sir W. H. Percy, in concf rt with Colonel Nicholls, did not choose to consider " the inhab- itants of Barataria" in any other light than belliger- ents against Spain. It certainly did not suit his purpose to acknowledge them as " pirates, or bandies." The British officers, on landing, met with considerable hostility from those whom they had come to visit, but r-.:' ial4. jsty's )ftest ipan- em as • e been taria,! and in- and in- utmost 8 "whole peratlon ;, at the eve own remities. to them, Bt G/eat i States, b Consv' jOntinen , m in his ncessions g ot their y will hep the Span- operty of services nited ser- being at an joining f rt with le inbaTj- belliger- purpose lideraHe ^risit, but 1814.] JOHN LAFTTTE ASD BBITISH EMISSAEIES. 359 Awii were protected by John Lafitte. What passed between that chief of outlaws and the British emissaries is thus related by Major La Carriere Latour, who knew Lafitte personally, who ser^'^ed with him under the orders of General Jackson, when Lafitite's proffered assistance was accepted, and who may have heard from his own lips all the details of that interesting interview. "When Mr. Lafitte," says Latour, *' had perused these papers. Cap- tain Lockyer "enlarged on the subject of them, and pro- posed to him to enter into the service of his Biitannic Majesty with all those who were under his command, or over whom he had sufficient influence ; and likewise to lay at the disposal of the officers of his Britannic Maj- esty the armed vessels he had at Bai'ataiia, to aid in the intended ai.t<»''^^ of the fort of Mobile. He insisted much on the great advantages that would thence result to hipiself and his crews ; offered l im the rank of Cap- tain in the British service, and the sum of thirty thou- sand dollars, payable at his option, in Pensacola or Ne^^^ Orleans^ and urged him not to let slip this opportunity of acquiring fortune and consideration. On Mr. La- fitte's requiring a few days to reflect upon these offers, Captain Lockyer observed to him that no reflection would be necessruy respecting proposals that obviously preluded hesitation, as he was a Frenchman, and of course now a friend to Great Britain, proscribed by the American Government, exposed to infamy, and had a brother, at that very time, loaded with irons in the jail of New Orleans. He added that, in the British service, he would have a fair prospect of promotion ; that having such a feoowledge of the country, his services would be of the greatest importance in carrying on the operations which the British Government had planned against Lower Louisiana ; that, as soon as possession was ob- tained, the army would penetrate into the upper coun- '■i'i 't !.' ■ ; v» • v^.-i ' .■■1 .! ' /*V ■ *•'. .'■•'.■■<'■■.•',•■■. '■"■ <:, •. <-^;jV-,- '.. : ■-...■..■■■ ■■-' ■ ' ,, . ' >-»■ '■:■ . .^-.t-V <.'S .' ' •';■'• •'■' ; '^';b^' ■ . . '.■.*,:'■ •\**:\Y^ . , ■■ ■ •'■:•/. •I.;'-'!.*.' •:. a ' ■ ■■, ■ |. .•■■. tr,lr'h " '.'. •, ■■('■ k^i M 'ti:J ,-1; I,-- 'f *» ('■•-. f.: »i - , ■ . *♦■ ft-ii"-..'- .•■■■• ■•■■■••4'-'r . ■ ; ■ ,,.. ■*' ■■.■■■,riiy 1 .J " ■ ,-vvV';r", . ■ |)k ,■ ■•■■■v^^^:■ T^.:•'■" 7^':'i«;- •& ■ 360 JOHN LAFITTE AND BRITISH EMIB8ABIE3. [1814. try, and act in concert witli tbc forces in Canada ; that everything was already prepared for carrying on'the war against the American Government in that quarter with uuasual vigor ; that they were nearly sure of suc- cess, expecting to find little or no opposition from the JVench and Spanish population of Louisiana, whose in- terests, manners and customs were more congenial with theirs than with those of the Americans ; that, :finally, the insurrection of the negroes, to whom they would offer freedom, was one of the chief means they intended to employ, being confident of its success. "To all these splendid promises, all these ensnaring insinuations, Mr. Lafitte replied that, in a few days, he would give a final answer ; his object in this procrasti- nation being to gain time to inform the State officers of this nefarious project. Having occasion to go to some distance for a short time, the persons who had proposed to send the British officers prisoners to New Orleans went and seized them in his absence, and confined both them and the crew of their pinnace in a secure place, leaving a guard at the door. The British officers sent for Mr. Lafitte ; but he, fearing an insurrection of the crews of th^; privateers, thought it advisable not to see them, until he had persuaded their captains and other officers to desist from the measures on which they seemed bent. With this view, he represented to the latter that, besides the infamy that would attach to them, if they treated as pr' oners persons who had come with a flag of truce, they would lose the opportunity of discovering the extent of the projects of the British against Louis- iana, and learning the names of their agents in the coun- try. While Mr. Lafitte was thus endeavoring to bring over his people to his sentiments, the Bntish remained prisoners t'le whole night, the sloop-of-war continuing at anchor before the Pass, waiting for the return of the 1814.] JOHN LAFITTJiJ TO BLANQUB. 861 officers. Early tbe next morning, Mr. Lafitte caused them to be released from their confinement, and saw them safe aboard their pinnace, apologizing for the dis- agreeable treatment they had received, and which it had not been in his power to prevent." Immediately after the departure of the British officers, John Lafitte addressed, on the 4th of September, to John Blanque, a leading member of the Legislature, a letter^ in which he began with saying : " Though pro- scribed by ray adopted country, I will never let slip any occasion of serving her, or of proving that she has never ceased to be dear to me. Of this you will see here a convincing proof." He then related to Blanque what had happened, and for\^arded to him the papers which had been left in his hands by Captains Lockyer and Mc Williams. " You will see from their contents," con- tinueji Lafitte, " the advantages which I might have de- rived fi'om that kind of association." Three days later, on the 7th, he addressed to Blanque this second letter : " Sir, you will always find me eager to evince my de- votedness to the good of the country, of which I en- deavored to give some pr(iof in my letter of the 4th, which I make no doubt you received. Amongst other papers that have fallen into my hands, I send you a scrap which appears to me of sufficient importance to merit your attention.* Since the departure of the officer who came with the flag of truce, his ship, with two other ships of war, have^ remaLoed on the coast mthin sight. Doubtless this point is considered as important. We have hithei'to kept on a respectable defensive ; if, how- ever, the British attach to the possession of this place the importance they give us room to sus^ct they do, they may employ means above our strength. I know * It was an anonymovis communication firom Havana, giving information of the intended operatiouo of tlie«nemy. ,..X.i-V'y);..- ■ .-■ • >f-\l%'-t , ;:• ' 1 ^r: " I- '.'''■\i ■■'■ hf »' ;^-.,.;t: ■^>^;^yx:,i .«y. i^i!*^ V. ...' l!^ B 362 JOHN LAFITTE TO CLAIBORNE. [1814. v'!^' not whether, in that case, proposals of intelligence with the Government would be out of season. It is always from my high opinion of your enlightened mind that I request you to advise me in this affair.'^ Within this letter was inclosed another, which was addressed, and to be delivered, to Claiborne. " In the firm persuasion," wrote the outlaw to the Chief Magis- trate of the State, who had repeatedly made everj' exer- tion to have him captured and punished as a bandit, " that the choice made of you to fill the office of First Magistrate of this State was dictated by the esteem of your fellow-citizens and was conferred on merit, I con- fidently address you on an affair on which may depend the safety of the country. " I offer to you to restore to this State several citizens, who, perhaps in your eyes, have lost that sacred title. I offer you them, however, such as you would wish to find them, ready to exert their utmost efforts in defence of the country. This point of Louisiana which I occupy is of greac importance in the present crisis. I tender my services to defend it ; and the only reward I ask is that a stop be put to the proscription against me and my adherents, by an act of oblivion for all that has been done hitherto. I am the stray sheep wishing to return to the sheepfold. If you were thoroughly ac- quainted with the nature of my offences, I should appear to you much less guilty, and still worthy to discharge the duties of a good citizen. I have never sailed under any flag but that of the Republic of Carthagena, and my vessels Kxe* perfectly regular in that respect. If I could have brought my lawful prizes into the poi-ts of this State, I should not have eraplojed the illicit n^ans which caused me to be proscribed. I decline saying mort on the subject until I have the honor of your Excellency's answer, which I am persuaded can be -''i.''*' meaBS saying of your can l)"'^"v'::.'';'iiiJ''' ' > ", .' -■■ ■:■■■ T- ,!■ $• ».':<•&,.' a -^Mi'u.: ^■':km ..-^t^i all : ■ •'• f/ -■« " 864 EXPEDITION AOAmST THE BABATAEIANS. [1814. that there be no intercourse or correspondence whatever with any of " those people." ]^ti^or-General Viller6 was the only one who expressed a different opinion. Gov- ernor Claiborne agreed with him, but acquiesced in the decision of the majority.* Whilst the two outlawed brothers were thus generous- ly sacrificing their own private interest and the most advantageous offers, to the desire of protecting Louisiana against invasion, there was in preparation for their de- struction an expedition which was carried through, not- withstanding a full knowledge of the patriotic course they were pursuing. That expedition had been got up at the earnest mstigation of Claiborne, and organized under ther command of Commodore Patterson, and of Colonel Ross of the U. S. Army. It succeeded in com- pletelv breaking up the establishment of the Baratarians, and in capturing many of them. Some made their escape, and among them the two Lafittes, who fled to the Gennan Coast, where they found friendly aid and eiScient shelter. Commodore Patterson and Colonel Ross returned to New Orljpans with the vessels of the Baratarians and a very rich booty, which they claimed as lawful prize. On the 19th of September, Claiborne wrote to Gen- eral Jack/^on, informing him of the success of the expe- dition, ftnd of the seizure of the "ill-begotten treasures of the pirates," as they were called. He farther said : " The only difficulty I have hitherto eicperienced in meeting the requisition has been in the city, and exclusively from some European Frenchmen, who, after giving in their adherence to Louis XVUI. have, through the French Consul, claimed exemption from the • dr&ft as French subjects. The question of exemption, however, is now under discussion before a special court of inquiry, * Martin's Histoiy of JboaisianB, p. 839, vol. 3. '> t. 1814.] OLAIBOBinS OK THE OOLOBBD MEN. 865 and I am not without hopes that these ungrateful men may yet be brought to a discharge of their duties. The body of city militia begin to manifest a proper feeling and conduct, and perform with cheerfulness patrol duty. ^' I have taken means to acquire information daily from the Pass of Chef Mcntenr, as also from Hhe various Pascj< r, in the vicinity rre aux Boeufe. But I am vasth tv; licitous abou Nss of Barataiia. Excuse me for suggesting th acy of your directing immediate possession to ) ..it^i of Grande Terre, the spot from which the pirates were recently ex|)elled, and of occupy- ing the place called the ^ Temple.' " The next day, he resumed the pen, to infoim General Jackson that Louisiana had much to apprehend from domestic insurrection, and that he had every reason to believe that the enemy had been intriguing with the slaves. " In my letter of yesterday," he said, " I men- tioned that many of the fugitives from Bai'ataria had reached the city. Among them are some St. Domingo negroes^ of the most desperate character, and no worse than most of their white associates." He added,. that he had called the attention of the Mayor and City Council to these facts ; that he had strongly urged the necessity of adopting stringent measures ; and that the city au- thorities '* seemed fully impressed with the importance of the crisis.*' In relation to the address of General Jac^ou to the free p&ople of color, dated on the 2lBt of September, which I have recited in the preceding pages, Governor Claiborne sent him. the following observations, on the 17th of October: "The publication of your address to thii free people of color is delayed a few days. An un- fortunate misunderstanding between .the officers of the battalion of color, which excites much interest, is the .1 «■' ' ■ i ,■ ■"■•■:-' ■ .. 1 • • ' .■}!■■ .a •'• t ' -• ' ■:'■ 9- ' ".■■..■■ f • .rri^' ■'■>'■ ■'."'- ;i. > ^, ^.. ^ ^ >, "^^^^ Ijr, IMAGE EVALUATION TEST TARGET (MT-3) A Kiif ^ /v;^ ^^* <^j^ 4(g 4^ 1.0 121 I.I lu lift ^" Z IJ£ i2.0 u 1^1^ Ii4 ^1 ^« ^ ^SdSioes Corporation ^^ al WKT MAM tTMIT WIUTIII,N.Y. I4SM (7U)t73-4509 ;\ \ <\ w mm- km: MM 866 OLAEBOItNB ON THE GOLOBED MEK. [1814. siibjecfc of investigation before & court of inquiry now sitting. The difficulty wtIIj I hope, soon be arranged. In the mean time, I have deemed it best to postpone giving pubKcity to your address. I cannot di^uise from you the fact that many excellent citizens will disapprove the policy you wish to observe toward the free people of color. The btfttalion already organized, limited as it is, excites much distrust, and I should not be surprised i^ at the ensuing Legislature, an attempt should be made to put it down. I must confess that, for myselt^ I have no cause to lament the confidence which ^^he Local Gov- ernment has placed in these meb. Their genial deport- ment has been correct, and they have done nothing to create in my mind any doubt as to their fidMity. It does appear to me that, at the present crisis, these men ought to be attended to ; that it-is not probable they will remain careless and disinterested spectators of the pres- ent contest, and more particularly if the war should be brought into the bosom of Louisiatia ; but, on the con- trary, that their feelings and best wishes would be en- listed in some way, and that if we distrusted their fidelity, the enemy might the more acquire their confidence. But this mode of reasoning makes no impression upon some respectable citizens h&te. They think that, in putting arms in the hand» of men of color, we only add to the force of the enemy, and that nothing short of placing them in every respect upon a footing of eqnaility with wliite citizens (which our Constitution forbids) could condliate their affections. To two gentlemen of infiuence, members of the Committee of Defence, with whom I con- versed on last evening, your policy of raising a regiment of free men of color was suggested^ with the observation that, by removing it from the State, the Jealousy and distrust of thd citizens wotild surely cease. They, hoyi^ ever, seemed to think that the measure was advisable, •>i': :f-'JI l'^':- 1614.] ClfAJBOVSE ON THE 0OLOP.IED MEN. mt r> provided there would be a goarantee against the rotors of the regiment ; bat that if, at the close of the war, the individuals were to settle in Louisiana with ihe knowl- > edge of the use of arms, and that pride of destinatioii c which a soldier's pursuits so naturally inspire, they would prove dangerous. Such are the sentiments of men well informed and well disposed, and I transmit them for your perusaL My impression is, that several companieei' composed of men of color nmy be raised upon the plan you suggest ; but I cannot say to what number. Such as are natives of Louisiana are much attached to thei^r families and homes, and I am inclined to think would not enlist during the war • but such as have emigrated from St. Domingo and Cuba may probably be desirous to j I am iei^ioaBl^ eup^ported by MijoriGenerals V91ef6 and ^omal^'aiid hat» vea^oii 4io be^^eofitent with th6 patrioHeH^ifiC 'i^hioh pervades' the Btiite. There are, if 'm ■km ^l...f^ IS !■>'■■»'. ill 4 i'ii ■"■^i^ [;.*.: sT^ ?!; ;?:;'^i?.. <•}•••.<" f'J-..>><:;,. l^'f .1 . .1 • •• 868 OLAXBOBNS TBV8TS THS LOUI^IAinANS. [1814. indeed, individuals on whose fiiendly disposition toward the American Government I cannot depend, but I calcu- late with certainty on the fidelity of the great mass of the population. There has unquestionably been of late a change in the public opinion, , Hkd natives of liouisiana are for t^ niost pu jfitant and virtuous people, and { am p^u^ M i^e oelieC iiuit, in any event, they will prpTe £(iitJi|iil to the United States." As to the address of t|ie G^f^i to the free peofde^ of color, X have aim^y said that Qm3imo» had been Sfswne- what startled by, its toip ; thi^t l|e h|M| mSdly iinin^ted to its aathor tl^at it would be pipalatilile tOvthe wlute popiila^on, and that t||0 piyif%»tion of it ^ had ripen suspended for the preientf IIms welld,C51ai. bee^me itionby •Uowiog louisiiiii- impres- {Ti^ed yle and The it and tiiat^in Btatei." id of {bffa of libaliope iblo0t It does not seem that he proved more pliant on this occasion than on any other, ibr, on the 24th of October, Claiborne wrote to him; "Your address to the chosen men of coAot will be printed on this day. I will use my best efforts to promote your wishes, but I do not know with what success. I have already apprised you of the distrust which exists here against this class of people. I believe it to be ill-founded ; but its existence may, and I fear has, in some degree, indisposed them toward us. The diffipulty among the officers of the battalion of color of which I informed you is nearly arranged, and I con- tinue to think that, in the hour of trial, they will prove a meritorious oorpa FortBt. Philip, at Plaquemine, is in need, I learn, of a reinfortement. If it meets youi* approbation, I will detach to that post a lieutenant and forty men of color." Certainly nothing could better prove than l^is proposition the real confidence which Claiborne professed to repose in the men of color. The best way to narrate events &ithfully, and to con- vey impressively a correct Idea of the moral tone and of the manners cf society at any particular epoch, is, in my opinion, to borrow the very language of those who have described them as witnesses, and frequently as participa- tors in what they recorded. Under this impression, I give in fiill the following letter addressed by Claiborne, on ike 80th ai October, to Mn Rush, the Attorney-Gen- eral of the United States at Washington : MYoxt no doubt have heard that the late expedition to Baratsria had eventuated in the entire diipendon of the pirates and smuggle a^ ei^ture bf ndtirly all their cinisersw It is greatly to l»e regretted thttt nei^dier the General nor State €k>v«mmeiit had n^nt soon^ Tieea ena- bled 4o^ down these banditti The length of time they wei« pwmitted to continue their evil ptaetices added much to ^«ir strength, and led the people here 24 Amp * 370 8MUOOUNO IfO OBIHE. [1814. M '143 ;>'^. i.-'^:*^.-- P . ■.' * - .!> ■^■^ to view their course as less vicious. Measures tending to the prevention of crimes can alone relieve us from the distress of punishing them. Had such measures in rela- tion to the offenders in question been earlier taken, we should not have to lament the frequency of their com- mission. I have been at great pains to convince the people of this State that smuggling was a moral offence. But in this I have only partially succeeded. There are individuals here who, in every other respect, fulfill with exemplary integrity all the duties devolving upon them as fathers of families and as citiasens ; but as regards smuggling, although they may not be personally con- cerned, they attach no censure to those who ara It is the influence of education, of habit, of bad example. Formerly, under the Government of Spain, smugv^ling in Louisiana was universally practiced from tho highest to the lowest member of society. To show you the light in which it was then viewed, I will only observe that, occasionally in conversation with ladies, I have de- nounced smuggling as dishonest, and very geaerally a reply, in substance as follows, would be returned : That is im^yssihley for my g^'andfather^ or my father^ or myhm- hand waSj vmder the Spanish Government^ a great miug- ghr^ amd he was of/ways esteemed an honest mmi. It takes time to remove the influence of prejudice, of exam- ple, of former habits. Much has already been done to reconcile the Louisianians to the Government, laws and usages of the United States, and more must yet be done to do away all traces of thoie improper feelings and sen- timents whi4^ originated with, and wen fostered under, the corrupt Government of Spain. Proseeu^ona toe now pending in the District Court against several of the Bar- ataria offenders, aftd, in the course of ihe invegtigation, it is probable that the number implicated wUl be very con- siderable. Justice demands that the most culpable be .' 'Ei,' ^-^ ■■ * [1814. ling to xa the in rela- Len,we r corn- ice tbe offence, lere are BUvfitli m them regards ftlly con- re.' It 18 example, ggllng in li^uest to the light jrve that, have de- emeraUy a \: l%atis e, of exam- en done to 1, laws and et be done gndsen- under, jntaionow of the Bar tion,it very ooi^* "' he 1814.] BTMPATBT FOR SlfUOOLEBS. 871 punished with severity. But I see no good end to be attained by making the penalties of the law to fh)l ex- tensively and heavily. The example is not the less im- posing, by circumscribing the number of its victims ; and the mercy which should dictate it seldom fails to make a salutary and lasting impression. Should the President think proper to instruct the Attorney for the District of Louisiana to select a fbw of the most hardened offenders of Barataria for trial, and to forbear to prosecute all others concerned, I think such an act of clemency would be well received, and be attended, at the present moment, with the best eiltects. A sympathy for these offenders is certainly more or less felt hy mam/y of the IxnUskmians. With some it arises from national attachment, but with most from their late trade and intercourse with them. Should the Attorney for the District be instructed not to prosecute the case of minor offenders, it is desirable that such instructions be accomjMinied with the opinion of the Executive as to the offence of smuggling, and that publicity be given to the same. Such a do<^ument would, I am persuaded, be productive of gpert good. It may be I am in enter. Some of my cour.crymen of talents and virtue think differently. But, for myself, I have always thought that ad much ttiay be done with the Louisianiand by a mild policv as With toy people I ever knew. Such impression has always Influended my pub- lic conduct. It IS true I have often firiled in my objects, but a dilef Magistrt^e, vdth moiie taleuls and discretion than 1 posses, who e&ouM i(tirsue sttch a course of poli- cy, cotild not fllil to Succeed.*' TheBiB iif§' Hobte wsttti- ment8,'and th^^ are e2t|>r^ssed Wll^ a i^|>Hdtf of man- ner atiid a modestjf (libeling Whl^ ^^otn mtteh honor on the meinoi^ of Claiborne, whdl*b bent^fence «nd kindnes^of heart haVe already bee^ f^Hy^ €iirfiaAi!ished in the pages of this History. ;♦■■•.' V '■' - *i^ii M Aim it " - .•j;ir'«\J'>"i .,<:. t * , ►'J. . 1 r . . . M ■ If '"fiSi • Mm:. ■-.:.». •■^> 372 JACKSON AIID THE 8PAKIABDB. [1814. A treaty of peace had been signed between the Creek Nation and the United States in the month of August, as previously recorded in this narrative, but some of the tribes constituting that nittion had reused their assent to the treaty, and continued their hostilities. They used to procure clothing, ammunition and arms fi*om the Span- iards, and sell in Pensacola the fruits of their depreda- tions on American property. Generel Jackson had de- manded satisfaction from the Governor of Pensacola, but it had been refused. To make matters worse, the Brit- ish force which, allied with six hundred Creek waniors, had lately attacked Fort Bowyer on Mobile Point, had departed fr^m Pensacola, and, afber being defeated, had returned to that town, whose forts were suffered to bo ganisoned by the British. Moreover, the Spanish au- thorities had even arrested and imprisoned some Ameri- can citizens who were suspected of being unfriendly to the British Government. » Jackson, thinking that these fitcts constituted a breach of neutrality and a violation of the laws of nations, con- cluded that he was authorized to dispossess the British and their Indian allies of the shelter which they had found in Pensacola, and which they used as a base of operations. He, therefore, assembled near Fort Mont- gomery, on the Biver Alabama, an army of about four thousand men, composed of a detadiment of r^ulars, of militia of Tennessee, and of a battali(« of volunteer dragoons of Mississippi. On the 6th of November, this army encamped within three miles of Pensacola. General Jackson seiit Major Peire* to demand that an American garrison be received in the fort Sk;. Mchael and Barrancas, until i&e Spanish Government could pro- cure a sufficient force to enable it to maintain its neu- trality against the British, who hod possessed them- * Lacarriere Latonr's IliBtoxical Hmiioir, p. 4A. [1814. 3reek IgUfit, of the Etssent loused Span- spreda- ad de- ►la, but e Brit- amors, nt, had ed, had i to bo lish an- I Ameri- Bndly to breach ons, con- British hey had )aee of Mont- )out four ulars, of ol«nteer ovember, ^isa^la. that an ]^ehael ould pro- D itg neu- ed thetn- 1814.] PENSACOLA TAKEN. 373 selves of these fortresses, notwithstanding the remon- strances and protest of the Spanish Governor, with the assurance on the part of the American General that his forces should be withdrawn as soon as a Spanish force sufficiently numerous to make itself respected should an'ive. On these propositions having been refused, Major Peire declared that recourse would be had to arms. On the next day, the 7th of November, the attack was made. The Spaniards were too feeble in numbers to make any effective resistance to the four thousand men who were iinder the control of General Jackson, and the small town of Pensaoola was taken without much difficulty. It had no fortified walls, and the Amer* lean column eas^y penetrated without any opposition into the principal street, where it met a Spanish battery of two pieces, which, having fired once, was carried at the point of the bayonet. Then all further resistance ceased. The loss of the Americans was eleven killed and wounded; that of the Spaniards still less. Shortly after, Fort Mi- chael surrendered, and Fort Barrancas was evacuated^ after having been partially blown up by the Spanish com- mandant, who, with his men, took refuge on. board ( the British slups in the Bay, which departed unmolested. The object of the expedition having been obtained, Jack- son hastened to return to Mobile. Bonaparte, whose fall from ihe imperial throne I have already mentioned, had many enthusiastic admirers in Lou- isiana^ pactlcnlarly am(«g the French population, by whom the Bourbons were proportionately hated* When the French Consul, the Chevalier deTousard, who had been ap- pointed to that office in New Orleans by the recently es- tablished .Gavemment of Ix>uis XVin.» arrived at his post, he found that hfi had to overcome strong pr^udices, and even decided hostility. His person was insulted, and '■■H^^ i*l ^ :■,• ■:■■■ *■ .j, ir »>(. *'t m''^ f • ,■-. - ..-i;i?4'"V.u':' ■>^i^:: .) ' I'vr-,,;-. f^v; •1;V' .. .' ;Wi.., ^V^M'l .-.-■■■v. 1^ .'ni -4.>'„ 874 THE FBENGU CONSUL INSULTED. [1814. violence was offered to his house, from which the arms of the King of France, appended to its front, were taken down and carried away. Some of the rioters were ap- prehended, and bound to good behavior ; but the out- rage having been renewed, Claiborne, on the 2d of No- vember, issued a proclamation, in which ho announced that, whereas it was essential to the preservation of order, and especially due to the good understanding which happily existed between the government of the United States and that of France, that such indecorous and unprovoked attacks and indignities should not be continued, or remain unpunished, he thought it his duty to notify the good citizens and the inhabitants of the State, that the Chevalier de Tousard was to be re- spected as the accredited Consul of th^^King of France in Louisiana, and to recommend to the civil officers of the State to be active and vigilant in suppressing any attempt that might be made to ilLtreat or to insult the said Consul, or to offer any violence or indignity to his dwelling. He furthermore offered a reward of two hun- dred dollars for the discovery and apprehension of the person or persons who had forcibly taken and carried away the arms of the sovereign of France, which the Consul, accordihg to custom, had placed on the door of his dwelling. On the 5th, Claiborne thus wrote to General Jackson : ^'In this city there are several uniform militia corps of much promise, and my impression is, that on these, with other companies of the nulitia, much confidence may be reposed in the moment of trifd. There arc indi- viduals who believe otherwise; it may be I am in error, but there certainly has been a sensible change in the public mind^ There is not displayed by. the people at large that enthusiastic ardor which is to be found in the Western States, but there is no symptom of opposition to ''■VI 1814.] EXTBA SESSION OF THE LEOISLATUBE. 375 the Government and lawR. A strong hatred is manifested toward the enemy, and a determination ezjuressed to unite in the defence of the State. You will observe, Sir, that I speak of the people at large. I know there are some disaffected characters, and in this city there are many vagabonds, who, if the occasion served, would be disposed for mischief. The Legislature of the State will be in session on the 10th instant, and their zealous sup- port, at this moment of danger, will confirm the Louisi- anians in their present good disposition. But if, unfor- tunately, a spirit anything like that which led the Legislature, the last winter, to oppose a militia requisi- tion, should again prevail, I shall encounter great em- barrassment. But, as I have already observed, a great change in the public mind has apparently taken place; many members of the Legislature have always had American feelings and sentiments; others, whom I have lately seen, profess the most patriotic intentions, and all wUl, I hope, act a part which the crisis advises, and the surety of the country demands.^' On the 10th, as Claiborne had informed General Jack- son, the Legislature met in extra session at the request of the Governor, who, the next day, sent them a mes- sage, in which he said : '' An English commander has dared to make his first call on the LomsiUiniam^ and to invite them to outrage the very ashes of their fathers, and welcome an English army on their paternal mil I He has added insult to injury, by first inviting us to the desertion of our country, and then by supposing us capa- ble of cowardly displaying at our dweUings a foreign flag as a passport to his protection. I am, how- ever, ftiMy apprised' of the profound contempt with which this base address has everywhere been received ; and in the patriotic ardor which p«*vades the State, I behold a pledge of its fidelity and devotion to the Amer- t ' V. ."•■; ! V.'. •^ ■;'*5 ?*•• SJiSP 3*J : 876 CLAIBORNE TO TIIE LBOI8LATLBE. [1814. ican Union. This ardor, this American spirit, has been tented by the facility with which the late requisition for an auxiliar}' force of militia infantry has been carried into effect." He added : " In addition to the fbrces now in the field, and those expected fh>m Tennessee and Kentucky, I shall, if the danger of invasion increases, order out the whole, or such part of the militia as may be deemed expedient ; but, to do so with effect, the Executive arm must be strengthened, and snoh funds provided as may be re- quisite to procure all necessary supplies. In times of public- danger no able-bodied citisen, when ordered into the field, should be excused from serving, either in pei-^ son, or by substitute. When our homes and families are menaced, we should not commute the personal ser- vices of a citizen for a sum in money. The expenses incident to all movements of militia under the imme- diate authority of the State mus^ be defrayed by the State. As these movements, on the present oooamn^ will have for object the common defence, the expenses will probably hereafter be reimbursed by the General Gov- ernment, but the State must make the advance." The object of Claiborne in convening the Legislature was '^ to strengthen the arm of the Executive, and pro- vide such funds as might be requisite to procure all necessary supplies." Beyond that^ their services were not needed, in his opinion. Olsibome, whose views had frequently been thwarted by both Chambers) and who was not on the best of terms with either, particularly with the Senate, felt a nervous anxiety to get rid of them as soon as possible. He therefore, in his Message, gave them the following hints : ^To all the subjects which may come Under your deliberation I reeomm^id the most unwearied attention. The Treasury is illy calcula- ted to meet the expenditures incident to a protracted ses- If.' '-i- ■••.■ui"*^ '*■ ■ ■■• <>\v . M y- 1814.] CALL FOB THE WHOLE MILITIA. r.n Hion, and I Hincerely hope you may be enabled Hpcedily to dispatch all necessary business. The tiini:;^ are event- ful, and your early return to your respective parishcH may become desirable. We are expose'^ to many perils. The enemy is disposed to do us every ill, and will use all his means. We know not how soon we may be called upon to defend everything dear to us as citizens and fathers of families. I have exacted from the military officers throughout the 8tatc a faithful discharge of duty, and endeavored to awaken all the vigilance which the crisis demands. Your counsel and example in your re- spective parishes will tend greatly to the support of measures for the public good. "They wDl particularly invite to that harmony, mutual confidence and mutual exertion, so promotive of tranquillity within, and so es- sential to our security from without.*' Five days later, lie laid before the General Assembly an eictract of a letter from Jackson, which gave positive assurance of the danger with which Louisiana was threatened. " Recent information from the most correct sources," said the General to Claiborne, " has been re- ceived of an expedition of twelve or fifteen thousand men, sailing from Ireland early in September last, intend- ed to attempt the conquest of Louisiana. You will therefore see the necessity of preparing for service, at an hour's notice, the whole body of the Louisiana militia. I rely on your patriotism and activity, and hope not to be disappointed." On the lYth of November, Claiborne wrote to General Jackson: **It is certainly true that the Louisianians have of late manifested the most patriotic disposition, and that, if the spirit which exists be cherished and en- couraged, we have everything to hope from the majority of this population. The Legislature have not as yet done anything to diamp the public ardor. But I hope ' •"• it: % 1 > r . . ■'mm ■•■■ :'^^^'■*^':^KWt . '.■■;■.'■ ■'■'--.■; '',.T.t " * ,..■•.';■.'»'!■.■•■.■;■■;-/(;:..':■ ' ■ ; ,^■ .■ . V. , ,~i: %H\ ,«,f t-.,-4.-..;v>,«j,-*.|' ■ ■■...■■••*'•)?.■',' >r'.«^-:' • '•■» . ¥ u km " » 'I'J '-J. .» t-«' '•*»■■■ V.' 1 ■ : ■••■ • 1% '■''■•->•■ r . 373 CLAIBOBNE ON THE LEOI8LATUBE. [1814. II m this body will be justly impressed with the dangers to which we are exposed, and will warmly second all my efforts. But I tear, I much fear, they will not act with the promptitude and the energy which the crisis demands." Such language from a man who had been, without any interruption, the Executive of Louisiana since 1803, and who was supposed to be thoroughly acquainted with its population, could not but produce a deep impression, and will explain subsequent events. About this same time, he e3q>ressed the same appre- hensions to Governor Blount of Tennessee : " But," said he, " we shall, in any event, be made secure by those brave and determined men who are hastening from Ten- nessee and Kentucky. I await their arrival with much anxiety." Such was the condition of Louisiana as desmbed in the preceding pages, when Jackson departed by land from Mobile for New Orleans, on the'2lBt of November. Mt .ft iV.34!^J^i^.^ I'ft^'i i 'mmm' 4%i OHAPTEB IX. GOVEBNOB CLAIBOBl^'S ADHINISTBATION — NAVAL ^OTGAGEMENT ON LAKE BORGNB — BEFUSAL OF TE^ LEOISLATUBE TO SUSPEND THE WBIT OP HAfitEAS C0BPU8 AND TO ADJOXJtor — 'ABBIVAL OP GENEBAL JACKSON — BATTLE OP THE 28D OP DECEMBER. iai4. Genebal Jaokson arrived in New Orleans on the 1st of December.* He was emphatically the man for the occasion ; for not only did he possess military talents of ^ the highest order, but his love of country was intense, his energy of character unsurpassed, his decision as prompt as his con^prehension of exigencies was clear and rapid. He was, above all, pre-eminently gifted with, that precious faculty which Nature imparts to some of i her favorites among the predestinated rulers of men — ^the, faculty of subjecting the minds of others to his own by;^ that kind of magnetism which seems to en^anate from an iron will. Where that man was as a chie^ there could be, within the legitimate sphere of his action, but one controlling and directing power. All responfflbility would be unhesitatingly assumed and niade to rest entirely on that unity of voHtion which he represented. Such quali- fications were eminently need^ for the protection of a city containing a motley population, wlii(^ was without any natural elements of cohesion, and in which abounded distraction of counsel, conflicting opinions, wishes and • OUibome'B Dlspftteh to Monroe, December 9, 1814. (879) '■'. V *'• • .'0^L.-^ .-.tl I 380 THE BANKS SUSPEND PAYMENT. [1814. feelings, and much diffidence as to the possibility of ward- ing off the attack with which it was threatened by a powerful enemy. Various measures had been discussed, but none effectively executed. Governor Claiborne, Commodore Patterson, the Military Commandant of New Orleans, and a Joint Committee of both Houses of the Legislature, had frequently met on the subject, but their deliberations had led to no practical results. There was a multitude of advice and schemes, but nothing was done, whilst the population was becoming daily more excited and alarmed on hearing of the nearer approach of the enemy. " There was wanting," says Major La- carriere Latour,* in his very interesting memoir, page 53, " that concentration of power so necessary for the success of military operations. The citizens, having very little confidence in their civil or military authorities for the defence of the country, were Ailed with distrust and gloomy apprehensions. Miserable disputes on account of two different Committees of Defence, unfortunately countenanced by the presence and influence of several public officers, had driven the people to despondency; they complained, and not without cause, that the Legis- lature wasted time, and consumed the money of the State in idle discussions on empty formalities of election, while all their time and all the wealth which they squandered might be profitably employed in the defence of the country. Credit was anniMlated ; ahready for several months had the Banks suspended the pajTuent of their notes ; to supply the want of specie one and three dollar notes had been issued^ and doUars had been cut as a substitute for small change. On the Banks refusing specie, the moneyed men had drawn in the^ ftinds, which * MiOor Laeatriere Latoar wf» • FtMMbman, and a very able oiBow. He was employed as Principal Engineer in the Seventh Mllitaty District of the U. S. Army. «, , «■*■ 1814.] Xmi-T 4 OF GENERAL JACKSON. 381 they no longer lent out without a usurious interest of three or four per cent, per month. Every on© was dis- tressed, confidence had ceased, and with it almost every species of business. Our situation seemed desperate.'' It was in these circumstances that General Jackson made his appearance. His- very physiognomy prognos- ticated what soul was incased within the spare but well- ribbed tbim which had that ^ lean and hungry look '* described by England's greatest bard as b««peaking little sle^ dF nights, but much of ambition, self-reliance, and impatienoe of control. His lip and eye denoted the man of unyielding temper, and his very hair, slightly silvered, stood erect like quills round his wrinkled brow, as if they scorned to bend. S6me sneered, it is true, at what they called a military tyro, at the impromptu gen- eral who had sprung out of the uncouth lawyer and the unlearaed judge, who in wms had only the experience of a few months, acquired in a desultory war against wild Indians, and who was^not only without any previous training to his new profession, but also without the first rudiments of a liberal education, for he did not even know the orthography of his own native language. Such was the man who, vrith a handful of raw militia, was to stand in the way of the vet^^n troops of Ex^land. whose boast it was to hare triumphed over one of the greatest captains known in history. But those who entertained such distrust had hardly come in contact with General Jaokson, when they felt that they had to deal with a master*8pirit True, he was rough hewn from the rock, but rook he was, and of that kind of rock which Provi- dence chooses to select as a fit material to use in its struc- tures of human greatnesa. True, he had not the educa- tion of a lieutenant in a European army ; but what lieu- tenant, educated or not, who had th« will and- the remarkable military adaptation so evident in General •• V 1.' •'« '. ■■■> i mm i l» .' . '}^^- LCo" ..Ml *■ <«;» 882 GENERAL JACKSON'S OHABAOTEB. [1814. Jackson's intellectual and physical organization, ever re- mained a subaltern ? Much less could General Jackson fail to rise to his proper place in a country where there was so much more elbow-room, and fewer artificial ob- stacles than in less favored lands. But, whatever those obstacles might have been. General Jackson would have overcome them all. His win was of such an extraordi- nary nature that, like Christian :foith, it could almost have accomplished prodigies and removed mountains. It is impossible to study the life of General Jackson without being convinced that this is the most remarkable feature of his character. His will had, as it were, the force and the fixity of fate ; that will carried him •triumphantly through his military and civil career, and through the difficulties of private life. So ilitense and incessantly active this peculiar faculty was in him, that one would suppose that his mind was nothing but will — ^a will so lofty that it towered into sublimity. Inliim it supplied the place of genius— or, rather, it was almost genius. On many oeeasdons, in the course of his long^ eventftil life, when his shattered constitution made his physicians de- spair of preserving him, he seemed to continue to live merely because it was his will ; and when his unconquer- able spirit departed f^om his enfeebled and worn-out body, those who knew him well might almost have been tempted to suppose that he had not been vanqiushed by death, but had at last consented to repose. This man, when he took ther command at New Orleans, had made up his mind to beat the Englii^; and, as that mind was so constituted that it was not suaeeptible of entertaining much doubt as to ihe resultB 6i any of its resolves, he went to work with an innate confidence whieh transf^ised itself into th6 population he had been sent to protect. Genera] Jackson arrived in New Orleans after a fati- guing journey of eleven days through a barren and thinly- ;>,r:?^;j!;.' ■r^-^." 18U.] DEFENCELESS CONDITION 01* THE STATE. 383 settled country, and yet, without 11 owing himsett' any time for repose, cm that very day he reviewed the bat- talion of the uniform companies of the New Orleans mi- litia, commanded by Major Daquin. These companies were composed of natives of Louisiana of French descent and of Frenchmen. They were completely equipped, well drilled, and manoeuvred with admirable precision. The General was highly pleased, and expressed his satisfaction to the officers. The next day, true to the natural activity of his disposition and to his constant practice of seeing everything himself as far as practicable, he went to visit Fort St. Philip, in the Parish of Plaquemine, and to de- termine what other parts of the Kiver Mississippi, below New Orleans, it m^ht be expedient to fortify. Fort St. Philip was but an indifferent fortification, which had been constructed as far down the river as the nature of the groimd had permitted. On that visit to Fort St. Philip, General Jackson ordered its wooden barracks to be de- molished, and several additional pieces of artillery to be mounted on its ramparts. He also ordered a thirty-two- pounder and a mortar to be put in its covered way, and two batteries to be ccmstnicted—^the first, on the right bank opposite Fort Sti, Philip, and on the site of a former fort now entirely in ruins, called Font Bourbon. The second battery was to be half a nule above the fort, and on the same bank. These wero to be mounted with twenty-two-pounders* The latter, ia partieular, was in a situation extremely advaatageous for commanding the river^ and eould join its fire with that of Fort St. PWlip.* On his return to New Orleans General Jackson pro- ceeded io visit that port of the country which is back of ' , ■' ' • . ■ ■ . - ■ . - -; » U«MiT% mskaieal M«noir, p. as. ■■■■ :':f /^ly' M l:- '•Jf^^- 384 JACKSON 'b preparations. - [1814. the city, and which tbrms a kind of peninsula bordering on Lake Pontchartrain. At the coikfluence of Bayou Chef Menteqr and Bayou Sauvage, or Gentilly,he ordered a battery to be erected. At the, same time he had sent orders to Governor Claiborne to cause all the bayous leading fiom the Gulf of Mexico and fi'om the adjacent lakes into the interior of the country to be obstructed. In obedience to these instructions, Bayou Manchac, a well-known and much used outlet from the Mississippi to Lake Pontchartrain, was closed, where it meets th^ Mississippi a few miles below the tovm of Baton Bouge, and has remained closed ever since. General Jackson found that the country he had come to defend was in the most defenceless condition. It had a considerable extent of coast connecting with the inte- rior through many water oommunicationii ; and having hai'dly any fortified points, it was open on all sides. It had, besides, in its neighborhood the'Spanish harbor of Pensaoola, which, until General Jaeksou put an end to it, had freely admitted the enemy's ships, and the greater part of whose population was hostile to the United States. For the de^.nce of its extensive shores it had six gun-boats and a sloop'Of-^war, with Fort St. Philip on the Mi8sissi{^i) and Fort Petites Coquilles on the Rigolets between Lake Borgofi and Lake Pontchartrain, on the present site of Fort PUce. Both weiie thought incapable of standings a regular siege. The supply of amis of all sorts «ndt}f ammunition was very deficient, particularly in aitiBery. As to mortars, there were but two ; they had been landed from bomb-ketches v^^ch had been condemned, a&d Hken were not a hundred bombs of the cidibre required by these mortars. Besides, from the construction of th^ carriages, they were only fit to be mountsd on board of vessel^ and by no means 814. ring lyou ered Bent yous iceut oted. ac, a sippi B th« ouge, thad inte- tavlng m. It »or of snd to ;reater Jftited t had Philip HI the rtrun, lought ply of ficient, ire but wlMh mdied ke^des, only means / 1814.] IHPOVTAirOE OF LOUISIANA. 385 adapted to land-batteries. The Fort of Petitea Coquil- les was not Aniahed, nor waa it in a oondition to make an ordinary resistanoe.* "Such waa the iaeonaideiable defence," aaya M^jor Latonr, " that protected the Bh<»ea of Louisiana and cov- ered a country that haa an extent of ooaat of upward of six hundred miles, and of which even a temporary pos- session by an enemy might be attended with consequen- ces baneful to the future prosperity of the Western States. The General Oovernment might and ought to have been well informed of the vulneraUe points of Louisiana. Accurate maps «of the country ou a large scale had been made by the engineer, B. Lafon and my- self, and delivered to General Wilkinson, who, it is pre- sumable, did not fail to forward them to the Secretary of War. That part of the State in particular by which the enemy penetrated was there laid down, and, in 1818, Brigadie^Generikl Flournoy ordered Migor Lafon, the Chief Engineer of th« Dirtrict, io draw up an exact ac- count of fdl the points to be Ibrtified for the general de- fence of Louisiana. The dvaughts, whieh were numerous and formed aa atlas, were accompanied -with very par- ticular explanatoiy iiottft That work, wluch iieflects great credit on its author, pointed out in the meet pre- cise and dear maao^ what was expedient to be done, in ; order to put the country in a state of security against i all suiprifiei. I have always understood that those drains were ordeveil and «zeeBted lor the purpose of being sent i to the then Secretary of War, to enaUe Uie Govemmoit to determine in their wisdom the points proper to be fortified. To what &iidily then was it ovpiag thst Lou- isiana^ Whose imeans of dtfence were so macbquate, which had bat a scanty white population composed in • ipreat 26 * Liktoto'i Meuudr, p. 7. '.r ' Kh: i i'^- • .7..'? iW^t-'^K .'■'i'J"'' '■'i^^SlKi : .-■ ^^,,,i,ivv•-,/'■.tti:■|pJf■•, ^'V, '.._, '*', lit; xm ):* V 886 IMPOBTANCE OF LOUISIANA. [1814. i^f- proportion of foreigners speaking various languages, and which was so remote from any succors, though one of the keys of the Union, was so long left without the means of resisting the enemy 9 I shall be told that to fortify the coast in time of peace were to incur an unnecessary expense. This position I by no means admit; but I further observe that the war had already existed two years ; and we ought to have presumed, had positive proof been wanting, that the British, having numerous fleots, and every mem the oession of that prov- ince by France in 1803, until its admission into the Union in 1812, with harshness and injustice, and with very little regard for their feelings, as I have shown in the preceding pages, had been very negligent in pro- viding for their defence in time of war. It must be re- membered that several of the States, and particularly the Ifew England States, had seen its incorporation into the Union with such aversion as to threaten, in conse- quence of it, a dissolution of the ftindamental compact ; and some of their most distinguished BefffeBentatives in Congress had evtn declnred that ^y would forever con- sider it as foreign territory. One is almost' tempted to suppose thiat the Gteeral Government had at kit adoptr ed the same viewia, from the defenceless condition in <'.'■■'. fmmm ,v#^5^,. - '.'•■'#.■/'-■-■'•■• -l-ISti'li' V .. i - V. .. 5' .i'.'Yi^'V .. |» p. ••■(..'■1 V. -•■ ■■» • * .' t - ty-'f \ ■■■■■ .V •-«' iU' i 888 OENEBAL JACKSOir's OATH. [1814, which it had left an acquisiticm which had proved so objectionable to a powerftil minorit j — ^a minority whose delegates were now assembled in Convention at Hart- ford in the State of Connecticut, and threatening, if not to side with England in the present war, at least to throw every obstacle in the way of its successful prose- cution. Fortunately the man who was sent for the de- fence of Southern Territory was southern bom. He was a native of South Carolina, and had grown to hardy manhood on the forest-clad hills ot Tennessea It is Rtill more fortunate that he was equal to the occasion. He did not deplore, in helpless despair, the scarcity of his resources ; he did fiot write to his Government that he could not defend New Orleans with his limited means ; he never thought of retreating, or abandoning one inch of territory ; he 'saw that he had to create everything for defence, and everything he did create. In reply to timid insinuations he swore his fkvcnite oath — ^that well-known oath which always escaped fif the United Stat(Bs who had no .^eater military experience than myself^ and less knowledge of % 'x-f ■ 't^ ' ri? '•■spy N '<■■•■ Wm ■:'■ '''^m'mm « .'.i'^,'"'- •■ '••Jji;','-"' 800 OLAIBOBNE TO THE SENATE. [ISU. •fK /■■"'^ the country. I solicit, therefore, that whenever, in caHe of invanion, or imminent danger of invasion, I should in my character as Governor of Louisiana order out any portion of the militia and place myself at their head, General Jackson may be instructed to consider me as second in command of the forces to be employed within this State." It is not known what reply the General Government made to this communication. Whilst the city of New Orleans was resounding with the clash of arms and full of military preparations, the Governor was in vain endeavoring to fill up the seat which had been so long vacant on the bench of the Supreme Court, and to make nominations which continued to be rejected by the Senate. On the 6th, he sent in the name of the Attorney-General, Xavier Ma]i;in, but ou the 9th he wrote to Senator Fromentin in Washing- ton: "I do not at present know^an individual who would unite a majority of the Senate. Seven members have voted for Martin, and will, I believe, be satisfied with no other person." Thus the Governor found the Senate as refractory at this session as at the preceding one ; and ho did not seem to be better satisfied with the Lower House, for in the same letter he said : ^^ The House of Representatives consumes much time in debate, and as yet the Legislature have answired no one of the ob- jects for which they were called. I trust and hope, however, that they will unite in some measures which the interest and safety of the State imperiously demand." I write these lines when the State of Louisiana has been invaded by Northern troops, when a general fix>m New England is a military dictator in New Orleans, when Louisianians are called traitors and rebels, when their property is confiscated, and all sorts^ of outrages are heaped upon them by the 80)\s of sires who sat in the Hartford Convention, where •'eason was meditated, 1814.] UTEBATURB IN LOUISIANA. 391 but foQud not hearts bold enough to cairy it into execu- tion. It may not be here ou< of place to record what a GoTemor of Louisiana then thought of the purposes of that Oonventioti. In the communication of the 9th of December to Monroe, which I have already quoted, Claiborne said : ^ What is likely to re«nlt from the New £ngland Convention 9 For mysdf, I view this proceed- ing with much anxiety and inquietude. It surely pre- sents an alanning aspect to the friends of the Union, and will not fail to encourage the enemy to attempt the overthrow of our Govermnent" Whilst treason was thus lurking in more than one Northern breast, Louisiana was preparing to show that such a crime was not of Southern growth. * It is, however, mortifying to a Louisianian to know that a Governor of Louisiana, on the same day on which he expressed these patriotic anxieties about the fidelity of New England, felt himself justified, perhaps with too much reason, to wtite the' following lines to one David M'Gee : " As regards the literary work you contemplate, I am assured of its usefblness, and desire its completion. I fear, however, that in this city and State, useful as the work would be to its inhabitants, it would not meet with liberal encouragement. A love of letters has not yet gained an ascendency in Louisiana, and I would ad- vise you to seek ft>r your pi-oduction the patronage of some one of tlie Northern cities." How bitter is the thought that this is true ! How hard it is for the vera- city of the Southern historian to admit that, even in 1864, a judicious and frank adviser would be compelled to say to a man o( l<3tters in the language used by Clai- borne in 1814 : ** I would iidvise you to seek for your production tl^ j patronage of some one of the Northern cities." * On the 14th of December, iovernor Claiborne laid '!:t^ '•ft"< ■;< ■ ■:.■■' *:'■••- './rt' • * ■ > ' ■■'C-'lr'-.'M WKl, 1 .t . '- \v>- /:*■■ IIP i|v>''^.''f%^ -^ V,.'-- ,^^.- 392 APPROACH OP THE BBITISH. [1814. before the Legislature a commamcation from Commodore Patterson, which informed him of the approach of the enemy in considerable foroe, and another communication from General Jackson whidi requested him to hold in readiness to take the field the whole militia of the State. Accompanying these two communications was a message in which he said: "Among the measures which our safety requires, permit me to recommend the suspension for a limited time of the Writ of Habeas Corpus. This will, as the Commodore suggests, enable him to press hands for manning the vessels of the United States under his orders ; nor is there any doubt also, i& case of the landing of the enemy, but it will be found expedient to enable the commander of the troops of the United States and of the militia of the State to apprehend and secure disaffected persons." This message gave rise to wu'm debates in both houses of the Legislature. A Statd, it was admitted, could suspend the Writ of Habeas Corpus in its own courts, but could its authority extend to the Federal courts? Besides, many entertained great doubts on the question, whether any person arrested by any of the commanding officers of the land or naval forces of the United States could be relieved on Writs of Habeas Cor- pus issued by a State court. All knew that Judge Hall, who presided in the District Court of the United States, was of opinion that Congress alone had au- thority to withdraw the protection of that writ by which the Constitution of the United States intends that the humblest citizen shall be made as secure in his person as if covered with a shield of divine manufacture. AH knew that, in 1806, General WilMnson had treated with contempt the writs of territorial judges, but had not dared to disobey those of Hall. The firmness of that magistrate, and his inflexibility in the discharge of what 1814.] DEBATES IN THE LEGISLATURE. 393 he thought his duty, made it a matter of certainty that he would disregard the State legislation in rdation to the suspension of the Writ of Habeas Corpus. Why, therefore, should the State place itself in the undignified position of J^slating in vain, and of assuming an au- thority which would be set at naught 9 Such was the language of those who were adverse to the measura General Jackson, Governor Claib<»iie, and many of the military, they further said, are incessantly talking of sedition, disaffection, and treason. But we are better acquainted with the people of Louisiana tiian those who are vociferating against them* We have come from the bosom of that people ; we have ^me from every payt of the State ; we have witnessed the universal alacrity with which General Jackson's requisition for a quota of the militia has been complied wit^ ; we know that our con- stituents can be depended on ; we know that no State is more free from treason, and if we suspended the Writ of Habeas Corpus, we would admi^ that there are grounds for the vain and injurious apprehensions entertained by those who do so much iiyuatice to liouisiana. We re- member but too well the days wh^ General Wilkinson, arresting and transporting wh<»n he pleased, fill^ New Orleans with ao much terror. Did not, in those days, the President of the United States, the illustrious Jeffer- son, make application to Congress for a suspension of the Writ of Habeaa Corpus, on the ground that the safety of the country was endangered by Burr's conspiracy ? Did not Congress refiiae to grant ^hatl^e President desired? Itiis a sale precedent; aad General Jackson has no right to complain, ^ w@ c^i^iid to, him what was refused to the President by" Congress. These argpuments prevailed, and both houses votefil against the. measure desired by General Jackson, and recommended by Gov- ernor Claiborne. *i^. i,' 'i- - *i.'.-^. % :v-' ■"'•■i»''e»'.-'-«KvtrW-'.i - ■■ ' "■ •■■. i- ^V--'';'V'il ■ - ■•,': /.■*''-j,-*l '->•■' •.! .v....,...;-.v;*^t??;: ; • .-■. -.v-'* ■'■"■■ "■.''»^.' • :^ ■:-:■v■■■■■;c■ ■>V.u: 1-^^ m uv-1 '^M-^€mi-'i 394 louaillieb's bepobt. [1814. Louaillier, whose name will figure somewhat conspicu- ously in the sequel of this History, in consequence of his arrest by order of General Jackson, and who, at this time, acted as chairman of a " Committee to whom was referred the consideration of suspending the "Writ of Ha- beas Corpus, in order to enable Patterson to impress sea- men, i-eported* the recommended measure as inexpedient. The Committee thought the countrj' would be iU de- fended by men forced into service ; and that it was bet- ter to induce sailors, by the offer of ample bounties, to repair on board of the ships of the United States, than forcibly to drag them on board. A sum of «ix thousand dollars was therefore placed by the Legislature at the disposal of the Commander, to be expended in bounties, and, with a view to remove from seamen the opportunity to decline entering the service of the United States by the hope of a more profitable employment on board of merchant vessels, an embargo law was pa8sed.f It is difficult to conceive how the same Legislature which had refused to suspend the "Writ of Habeas Corpus, on the ground that it could not legislate on that matter for the Federal courts, did not doubt its authority to arrest the commerce of the United States by an embargo law. The adverse i-eport made by Louaillier to Commodore Patterson's application cannot be looked upon as having been dictated by a want of patriotism, because the same member of the Legislature had, as chairman of the Com- mittee of Ways aild Means, made the most spirited and earnest report on the necessity of taxing all the resources of the State for defensive preparations. " Who has not admired,'' he said in that document, '^ the patriotic ardor which was displayed ia the execution of the works, deemed by the principal cities of the Union sad our sis- * Martin's History of Looisiana, p. 846, vol. 8. f Do., p. 846, voL 3. 1814.] louaillieb's bepobt. 395 ter States necessary for the protection of such as could be assailed by the enemy i The magistrates, the citizens, the officers of the Geneitil GoTemment, manifested tho utmost zeal to obtain the desired object ; their safety and the ignominious retreat of the enemy were the glorious result of their efforts. How does it happen that such a noble example has not been followed in this part of the Union ? Are we so * situated as to have no dangers to dread ? Is our population of such a description as to secure our tranquillity ? Shall we always confine our- selves to addresses and proclamations ? Are we always to witness the several Departments intrusted with our defence, languishing in a «tate of inactivity hardly to be excused even in the most peaceable times ? No .'. mm *^'i ^ mm r *.,■■•» ^ JH!>^^-* t' ; ,■ iitj-,,^'- fi'' ;■;»/': ■'TV. 396 louaillieb's bepobt. [1814. vading foe. The Legislature has been convened for tlie purpose of supplying a Aind adequate to the expenses necessary to ward, off the danglers by which wfi are threatened. This is the object which we must accom- plish. Little does it matter whether this or that expend- iture oi^ht to be furnished by the Federal administra- tion, or by the State Government ; let us not l^esitate in making such as safety may require. When, this shall have been secured, then our didms to a reimburs^^||L^, will be listened to." ^ This document demonstrates the zeal which actuated this distinguished member of the Legislature^ but^ at the same time, con^dering i^e source frcHU which it came, it is a singular bill «f indictment against th« Federal Govern- ment, against the L^slature itielf and all the State authorities, as well *as against the whole peculation. It proclaimed " that the noble example^ ven by the prin- cipal cities of the Union and oiu* sister States had not been ibllow«d by this parti of the Union ; that our popu- lation was not of such a desoraptiott as to secure tran- quillity ; that we had confined ourselves to addresses and proclamations; that the sev^al Departments introsted with our defence had been languishing in a state of in- activity hardly to be excused even in the most peaceable times; that no other evidence of patriotism was to be found than a disposition to^avoid Qvery expense, every fatigue ; that nothing as yet had been performed when the enemy was abready on 4he threshc^d of the country ; and that if the Legialatuife added its own indolence to that which genera^ pr&s^ioledtt it was easy to foresee that, ere long, a ca{»tulationy similar to that obtained by the cit}' of Alexandria^ would >bei th^i «opaequeQce of a conduct so highly eulpable.^'. ; Tbam oensorious report wa^ adopted without any denial of the facts which had elicited such harsh comtnents. It was ^eedily followed 1814.] ACTION OF THE LEGI8LATUBE. 397 by aotiotn; the Legislature sanctioned the loan of twenty thousand dollars which the Governor had effected during its recess, to provide for the defence of the State. The sum of seventeen thousand dollars"* which remained w the TreasoHy out ot that loan was dired«d to be ap- plied, under the orders of General Jackson, to procuring materials and wc^kmen for the completion of such bat- teries and other fortifications as he had directed; and a further sum (^eleven thousand dollars was appropriated to the same subject. Such was the condition of the country as described in Louaillier's report on the 22d of November, before the arrival of G^neralJackson, which took place on the lat of December, as I have alseady stated. It is probable that General Jackson had heard of this state of things. It is known that, from various sources, he had been in- formed that the country was full of spies and traitors.f It is known that he Irad written to that« effect to Clal-^ borne, and that ClMborne had replied: '^ think with you that the country w fuU of spies and traitors." To this must be added what Judge Martin, who was an eye-witness to all that happened at that epooh^ says in his valuable work on Lovisiana : " The Governor, who was not unwilling to iscvease his own merit by magnify- ing the obstacles he had to surmount, stated in his cor res^ndence with Jackscm every opposition he met with, and did not f ail vo represent eveiy one who did not thinlrtts he did^ as ininicfd tothe oouatry* Those who immedsAtiely sorroimdeck Jaokson on this aerival, with a ^Yiew to enhasce his reliance on tfaem^ availed theaBselves ^'of evei^^oppiartimityr ts uierease hit sense o$ danger." ^Is it thin^'W%» wondca^ a# if ^l^enerfd Jad^on, who was ' an utter stranger to the population c^ New Orleans, came /■ '■ ' V •llar^»VHUitei]rofLoiiiBia|ia,p. 844,yol. S. f Martin's History of Louidana, p. 840, vol. 3. fm ' " V- ..■•*7-.':.' *^ 398 EFFECTS OF JACKSON'S PRESENCE. L1814. S.'v. M ^Mh H^^^-'Sls'.''- ■■'■■ to that city witb a mind somewhat unfavorably preju- diced, and that he should have act«)d as he did hereafter, on the occasion which is to be recorded in the pages of ^is History ? But the state of things described in Louaillier's report had changed as soon as General Jackson had set his foot on the soil of Louisiana. Indolence had given way to zeal and activity, distrust to ccm^dence, confusion to order, diversity of counsel and action to the sole direc- tion of one controlling mind which made itself felt every- where, and which gave an impulse to everything. Throughout the State, in obedience to the call of the General, the whole militia was organising and preparing to mardi to any threatened point. In New Orleans and in its environs every man capable of hearing arms was already in the field, and the planters of the neighboring parishes of Plaquemine, St. Bernard, St. Charles and St. John the Baptist, had sent more negroes than the General needed to erect his intended fortifications. ^ In the mean time, the enemy was approaching and pre- paring to land. The naval armament which protected Lakes Borgne and Pontchartrain consisted of five gun- boats, with 28 gmis and 182 men. To this force must be added the schooner Seahorse with one six-pounder and fourteen men, and the skx^ All^tor, armed with one four-pounder and manned by a crew of eight men. This sloop acted as tender to the little fleet. On the 12th of December, the commander of ihis flotilla, Thomas A. C. Jones, observing that the enemy's fleet off Ship Island had increased to such a force as to rendw it no longer safe or prudent for him to ^ontsnue on that part of the Lakes, determined to gain, as soon as poasibk, a station near lie Malheureuse, because it would enable 1dm to oppose a ftirther penetration of the enemy up the Lakes, and at the same time afford to the American gun -boats k*< •'■ vk. .^ .til i814.] BATTLE OK LAKE BOBGNE. 899 the oppoitunity of retreating to the Fort of PetiteB Co- quilles, if necessary. On the ISthy ivb 10 a. h., a large number of barges lefb the English fleet, and moved toward Pass Christianne. At first, it was supposed that they intcfnded to disembark trc jps a& that place, but, as they continued their course to the westward, Commander Jones became convinced that they meditated an attack on his gun-boats. These gun-boats were aground on account of a strong westerly wind which had prevailed for several days, and which had made the water in the lakes uncommonly low. They were got afloat by throwing overboard all articles of weight that oould be dispensed with. At last, at 3.30 p. iL, the flood-tide conunenced, the fleet got under way, and began to faU back toward the Kigolets ; but un* fortunately, early on the momiag of the 14th, the wind having died away entirely, the vessels were compelled to anchor in the channel which exists at th?) west end of lie Malheureuse. At daylight, the barges of the enemy were ascertained to be at anchor about nine miles from the Americana ; but they soon got in motion and rapidly advanced. This flotilla consisled of foity-five launches and barges with forty-three cannon and twelve hundred men, including officers, under the command of Capttdn Jjockjer. They had already cut off the schoon- er Seahor"<), which had been sent to Bay St. Louis to as- sist in the removal of the public stores. The captain of the sehooner, after having bravely and suoeesBMly re- pulsed seven of the enemy's boats, which hftd attacked him^ and aftep having done them miH^ damage, had blown up his ship and destroyed the public sUareB. The AIligat<»^ (tender), whieh had been separated from the gun-boatiy had ake been captured while endeavoring to rejoin them. At the time when the British were pressing forward ml £r} I.- ? ..•;?'ftS-''C '.-v^vi.:,4'';t;-, ,ij, ■..«■>.. r;-- ■^ ■;}.^■.^■•• mi 400 BATTLE ON LAKE BOBONE. [1814. '«>«.•,••''. ,;'i^.-.-: with the utmost power of their well-mani^^ed oars, there cont?nu«^d to be a dead calm, and a Btrong ebb-tide was setting through the pass, or channel — which circumstances were unfavorable for manoeuvring the gun-boats. The American commander had but one alternative, which was, to put himself in the most advantageous position he could take and give the enemy as worm a re .'eption as posmble. With this view he formed a close line abreast across the channel, anchoring each vessel by the stem with springs on the cable, aad having boarding nestings triced up. Unfortunately, that line was soon broken up by the force of the current, which drove two of the gun- boats about one hundred yards in advanca At ten minutes before eleven, the enemy opened fire from the whole of his line, when the action became general and destructive on both sides. Jones was on board of one of the gun-boats which hiid been dri¥e^ tbrwai^ by the current. Three boats attempted to board his ship, but were repulsed with the loss of nemrly every officer killed or woundedv and two boats sunk. A second attempt was made by four other boats, which shared almost a similar fate. At that moment Captain Jones received a severe wound which compelled him to quit his deck, leaving it in charge of George Parker, master^s mate, who gallant- ly defended it until he also was disabled by a wound, when the enemy by his superior number o%ereame all resistance. The guns of the prize were immediately turned against the other gun-lK>aite, and the action con- tinued with unabating severity until aK the guihboats fell into the hande of the assailants.* The engagement lasted an hour and a hal^ and does iniinite cre„., V-'.-;,.- • ' . \' h- * - ' . ■--**. *"-,,' ' ■ «: I* ■ ' , ■ " •*, -i t.^ 1' I ' '-i-.- f T ■ * '■ ■ ■ w ^ , •■■ *■• ■ .' *' ■ <& 404 ,»c JACKflON'fi ADDRiSS TO THE CITIZENS. [1814. "The Ocnoral calls upf n the InhabitnntR of the city to traoo thia unfounded report to its iCKiroe, and bring the propagators to con* dign punishment. The rules and articles of war annex the punish- ment of death to any person holding secret correspondence with the enemy, creating fulso alurm, or supplying him with provisiouH ; and the General Announces his unalterable determination rigidly to execute the martial law hi all i^sos which may come within his province. " The safety of the District intn|ited to the protection of the Gcn> ernl must and will be mainti^ed with the best blood of the coun- try ; and he is confident all good citizens will be found at their posts, with their arms in their handn, determined to dispute every inch of ground with the enemy; and that unanimity will pervade the country generally ; but should the General be disappointed in this expectation, he will separate our enemies from our friends. Those who are not for us are against us, and vrill be dealt with ac- cordingly." J 81 4, fort, no ir he ai the( th^c He 3( as, w Heea edat that ]( attack War,, inent but it This address was signed by Thomas L. Butler, aid-de- camp to the General. Fully aware of the importance of the advantage which the enemy had gained on the lakes, General Jack- son lost^no time in protecting every assailable point. He immediately ordered the bfitalion of men of color com- manded by Major Lacoste, who must not be supposed to be of African descent, but who was an influential plant- er of Caucasian blood, to take post with tho dragoons of Feliciana and two pieces of artillery, at the confluence of Bayou Sauvage or Gentilly and Bayou Chef Men- teur, in order to cr ver the road to the city on that side, and watch the enemy's movements. Major Lacoste was also instructed to erect aldose redoubt surrounded with a fosse, according to a plan drawn by Major Latour in compliance witb General Jackson's orders. To Captain Newman, who commanded the fort of Petites Coquilles on the Rigolets, lie sent these instructions:" "Defend your post( to the last extremity, and in case you should not be able to hold out, spike your guns, blow up the 1814.] J^OKHON'b MILITAflV MEASURES. 405 fort, and evacuate on Post Chef M^teur." Neglecting 110 means of astiHtniice, howeveri^jltagntlY unimpoi-tantf lie authorized Captain Juzan to form^nto compamen all the Choctaw Indians he could collect hi the environs of th^ cicy, and on the other side ttf LaVfe^Pontchartrain. lie »ent expresses to GeifrAli CoitSee, Carrl^ and Thom- as, who were on their wajyto pccelerate'their march. He earnestly charged Geuerfli Wmchester, who command- ed at Mobile, to use the greatesrvigilance in protecting that locality, as the eneo^ might endeavor to make an ^ attack in that quarter.* He wrote to the Secretary of ■ War, complaining of the neglect of the Federal Govern- ment in providing him with proper means of defence, ' but it was in no dejected mood, and not as a prepared excuse for anticipated disaster. " Should the enemy," he wrote, " effect a landing, I will, with the help of God, do all I can to repel him." He also acquainted the Sec- retary of War with the destruction of the gun-boats and with the taking of the Pf^ t of the Balize, including all the pilots, and a detachment of troops that was there stationed; He further informed him that theftiroope from Tennessee and Kentucky, although expected, had not ytt ariived. " But," said ho, " the country shall be defended, if in the powep of the physical force it con- tains, wi^ the auxiliary force oi-dered. T/e have no arms here. Will the Government order a supply? Without arms a defence c^inot be made." Major La- ■• tour relates that during the summer, General JacksoniiM while yet among the Creeks, ha<|fniade a requisition of a quantity of arms, ammunition, heavy cannon, balls, bombs, Ac, to be sent to New Orieans ; •* hut such was the fatality," observes the Mftjor, "which happened to be attached to all the measures adopt^ for our defence^ ;•;?>■>. 4 * Latour'e Historical Memoir, p. 6S. ■-•''..■ ♦.>;.>'-■/ V, .,;■...',-(. , , ! ' r ■<-".-. .1 ■-■■I.' ,' » I i•^f.;^^^ % ■■sai' #. It 406 SAY ART, THB COLORED ilLAlT. [1814. that it was not till |be middle of January, 1815 (after the decisive battle j^ the 8th had been fought), that a very small prop)rtKn[i of wiat had been ordered arrived at New Orleans." General Jac]yi%n ha^been so well pleased with the battalion of colored men i|||d^ Major Laco8te,*that it waSithought^oper to levy a nmv battalion of the same description. A colored man "ftaBpied Savaiy, who had dis- tinguished hinwelf in thW wai's of St. Domingo, by fight- ing ably and valiantly against lihose of his own race, un- dertook to form a battalion of refugees from that island, who had cast tbeir lot with the whites when they had fled to Louisiana on being overpowered by theip.enenjies. They had thus given a remarkable proof of attachment to the superior race for which it might have been su^^posed that they entertained feelings of hatred and envy. Savary obtained the grade of Captain, and was remarkably suc- cessful in his efforts to rftise a company. The new bat. talion was soon formed, and its command was intnisted to Major Daquin, of the Second Eegiment of Militia, who WAS oniPof the white refugees from St. Domingo. -. Michel Fortier, a native of New Orleans, and one of the wealth- iest merchants of the city, was appointed Colone^ and took command of the whol# corps of colored men, who, it must be understood, werf) all free. None had been taken from the slaves,. Many of them had received a certain degree of ediica^£^^nd some possessed consM- erable property. On the 18th of Dep^beP) General Jackson reviewed such of his forces as werie in New Orleans, and, on their being drtiwn up on thw respective parades, the follow- ing eloquem address was isad to them by Edward Liv* ingston, one of hi^ds : t 1814.] jaokson's address id the militia. 407 '"'To THE Embodied Mhitia," *^ Felhw- Citizens iind Soldiers : '•La. ^ "The General commanding in-ohief woulcPuot do justice to the noble ardor that has animated you in the hour of danger ; he w'>.'J!!.>-.VN;tll''"-, .•■■•■' ■■'iT- "f ■*•• .... .;>'%-;ri.'j. .:■.'. '■\ ■. ^if^:--*' t mm 'in m t »♦ 408 JACKSON'S ADDHE88 TO THE MILITIA. [1814. Now leading men who know their rights, who a»e determined to defend them, he salutes ^ou, brave Louisianian^ as brethren in arms, and has nqijf a liilnr motive to exert i91 hi|^ faculties, which shall be strained to the utmost in your defence. Continue with the energy you have begun, and he promises you not Only safety, but victory over the JMOlent enimy who insulted you by an affected doubt of your^tuiehment lb the ConMitution of your country. "To THE Battauon or Unifoem GoMPAmEs. " When I first looked at Hpu on the day of my arrival, I wast sati'fied with your appearance, and every day's inspection since has confirmed the opinion I then formed. Your numbers have in- creased with the increase of danger, and your ardor has augmented since it was known that your post would be one of peril and honor. This is the true love of country I You have added to it an exact discipline, and a skill in evolutions rarely attained b^^ veterans. The state of your coifps does equal honor to the skill of the officers and the attention of the men. "With such defenders our country has nothing to fear. Everything I have said to the body of militia applies equally to you — you have the same sacrifices to make — you have the same country to defend, the san^ motive for exertion — but I should have b^n unjustf had I not noticed, as it deserved, the excellence of your discipline and the martial appearance of your corps. t M, "To *.. M,=K 0, Co«* " Soldiers I From the 'shores of Mobile I collected you to arms ; I invited you to share in the perils and to divide the glory of your white countrymen. I expected moolit from you, for I was not unin- formed of those qualities which most render you so formidable to an invsicling foe. I knew that you would endure hunger and thirst and all the hardships of war. I knew that you loved tke land of your nativity, and that, like oar8$j^eB,;';•«■. .' >', 1814.] Jackson's militabt obdebs. 409 This exceedingly complimentaiy addi'ess to the men of color was expressecl in language whi^h, like that of the one he had sent from Mobile, did not meJf with general approbation. True, the assistance of those men was of groiat importance, as it was thought that|ix hundred oft them cotild be brought under arihs, which was no des- picable number, when the force we had to oppose to the enemy was so scant. But still it was deemed bad poli- cy by many to address them in terms which were not in accordance with the inferiority of their social position, and which might tend to raise hopes that could never be gratified. There were some who predicted that it was a precedent of a <|angerous nature. These apprehensions, in the course of time, have been strangely realized ; fcM* these two addresses of General Jackson to the men ot color, and the use which he made of their services, were afterward seized upon by a far more barbarous foe than the English, as a pretext for putting in Louisiana the Blacks on a footing of equality with Ihe Whites, and were even quoted as a justification for arming the slaves against their masters. * M There was a small fort at the mouth of Bayou St. John on Lake Pontchartrain, whose garrison had lately been reinforced by a volunteer company of light artillery. On the 18th, immediately after the review. General Jackson ordered Major Plauch4, with his battalion, to take command at that post. To a]| ofiScers commanding detachments, outposts and pickets, he gave the follow- ing instructions : " On the appi^ach of the enemy, re- move out d his reach every kind of stock, horses, provis- ions, etc. ; oppose the invaders at every podnt ; harass them by all possible means." To the people at large he said : " The Major-General, expecting that the enemy will penetrate into this district in a few days, requests of the people of Louisiana to do their duty cheerfully, y-mM i-v ■ »i'^i'*'>lii,,J.»J,i 'mm "■■'•:\i - ■ ."0,-,» '» . ■ • ■ .vv.j,-.',,*c."''''-'..iV* ; . ..■-...,. ■,•,■■■* y.-t^'i: ■r^m Jftp. i-'- <•■■•'■"»■';'- , ' . -v-if-..'-!. i -}".'r ?»i; hT i%, tj^''^- J-'s,■J^^:'■ Sir; >.'*.■. t 410 Jackson's military orders. [1814. and bear the fatigiies incident to a state of war as be- comes a great Deople." The guard of the city was com- mitted to a co^s of veterans and fire-enginemen under the command of General Ldbatut. They were to occupy the barracks, hispitals and other posts, as soon as the troops of the line and the militia should be ordered into the field, and the following military regulations were established for New Or^^ans and its environs : ^ 1. Every individual entering the city shall report him- self to the Adjutant-General's office, and on failure shall be arrested and held for examination. 2. None shall be permitted to leave the city, or Bayou St. John, without a passport from the General or his staff. 3. No vessel, boat or other craft shall leave the citv or Bayou St. John without such passport, or that of the Commodore. 4. The lamps^of the city shall be extinguished at nine o'clock, after which, every person found in the streets, or out of his usual place of residence, without a pass, or the couiitersign, shall be apprehended as a spy and held for examination. COT)tain W. B. Carrol, the officer who had the com- mand of the navy-yard at Gheftincte, was ord'^'-ed by Commodore Patterson to cause the bri^ Etna to ascend the bayou, and take a station opposite the unfinished frigate which I have already mentioned, in order to pro- tect her in case of the approach of the enemy. Captain Can'ol was further ordeied not to suffer any boat to leave Chefuncte for Fayou St. John without a passport, and in the event of the enemy's entering Lake Pontchartrain, not to let the mail-boat pass.* Certain offenders against the law, who were in prison, having begged to be released and to be permitted to • Latour's Historical Memoir, p. 74. 'm 1814.] SEBVIOES OF LAFITTE ACCEPTED. 411 meet the invaders of their country, their request was granted. In relation to individuals of this description, I have already recorded in the course of thia History, that John Lafitte, his brother and his companions, had offered their services against the British before the arrival of General Jackson, and had been refiised. He now waited in person on the General to renew his patriotic offers, and this time they were accepted. It must have been a highly interesting sight to witness the interview between the outlaw and the stern chief whom it was so difficult to move from any of his resolves. General Jackson had determined to have nothing to do vsdth those he called " pirates and infamous bandits," unless it was to have them speedily hung, as he thought they richly deserved to be. He had said in an official proclamation, which was on record, "that no confidence was to be placed in the honor of men who courted an alliance with pirates and robbers." He had designated the Baratarians as " hellish bandits.'' He had emphatically declared that, unlike " the hateful and despicable Englishmen, he would not call upon either pirated or robbers to join him in the glorious cause he had to defend." Notwithstanding all this, the two men met — Jackson and Lafitte — and Gen- eral Jackson, fettered as he was by his own words and acts, revised his decision, changed his mind, and hence- forth trusted to the utmost Lafitte and his ^^ bandits." Some of them he sent to assist in the defence of forts Petites Coquilles, St. Philip and Bayou St. John. The rest formed a corps under two of their leaders, Dominique and Beluchtt, and they were so far trusted by General Jackson as to be put in command of a poHion of his ar- tillery. They subsequently proved by their skill and bravery that General Jackson had been a correct judge of human nature on that memorable occasion. In the mean time, all judicial proceedings on the part of the ^m if II :;^s . ,; «,.'^''i'.'iHl»f« •■ '**'"(■■' /-■■ ■■■'■ '\ ■ ■ ■..-• .■ ■ V-- >- '■■■..•-■•• '!> . :-a-''-- '.:.:'--^'i. ■■.■ . ..■■ :■ ■ » '. ^, :.: *.*■!.- ■■'■ ■ 412 A STAY LAW ENACTED. ^'■-. [1814. m m-s ?•.«l-v.'i.''";':!«,\'';'. ■ ^' '•'L*. 414 FEELINGS IN NEW ORLEANS. [1814. Judge Martin, then acting as Attorney-General, and who afterward occupied mth so niuch distinction, for more than a quarter of c century, a seat on the bench of the Supreme Court. >. " At this period," says this highly respectable witness, wJiose testimony is entitled to so much weight, ''the forces at New Orleans amounted to between six and seven thousand men. Every individual exempted from militia duty, on account of age, had joined one of the companies of veterans which had been formed for the preservation of order. Every class of society was ani- mated with the most ardent zeal ; the young, the old, women, children, all breathed defiance to the enemy, firmly disposed to oppose to the utmost the threatened invasion. There were in the city a very great number of French subjects, who, from their national character, could not have been compelled to perform military duty ; these men, however, with hardly any exception, vol- unteered their services. The Chevalier de Tousard, Consul of France, who had distinguished himself and had lost an arm in the service of the United States dur- ing the Eevolutionar}' War, lamenting that the neutial- ity of his nation did not allow him to lead his country- men m New Orleans to the field, encouraged them to flock to Jackson's standard. The people were prepaiing for battle as cheerfully as if for a party of pleasure ; the streets resounded with martial airs; the several corps of militia were constantly exercising fr^m morning to night; every bosom glowed with the feeling of national honor; everything showed that nothing was to be apprehended fix)m disaffection, disloyalty or treason." Such is the description left us by this distinguished civilian, who himself was a participator in these scenes. Anoth6r, given by the graphic jpen of a military wit- ness j is no less empJiatic: !W^r •■(.tZ [1814. I wlio more of the itnesB, ;, ''the ix and id from , of the for the ras ani- bhe old, enemy, •eatened number aaracter, pyduty; ^on, vol- ousard, self and ates dur- neutral- ccuntry- them to )repaiing sure ; the corps of tonight; al honor; rehended jiguished ise scenes. Uary wit- 1814.J FEELIKG8 IN ^^W 0BLEAI7S. 415 " General Jackson had electrified all hearts," wrote Major La- tour : " all were eensiblo of the app ching ianger ; but they wait- ed for its presence undismayed. They knew that, in a few days, they must come to action with the enemy ; yet, calm and unalarm- ed, they pursued their usual avocations, interrupted only when they tranquUly left their homes to perform military duty at the posts assigned them. It was known that the enemy was on our coast, within a few hours' sail of the city, with a presumed force of betWw <: nine and ten thousand men; whilst all the forces we had yet to oppose him amounted to no more than one thousand regu- lars, and from four to five thousand militia. " These circumstances were publicly known, nor could any one disguise to 'limself, or to others, the dangers with which we were threatened. Tet, snch was the universal confidence inspired by the activity and decision oi the commander-in-chief, added to the de- testation in which the enemy was held, and the desire to punish his audacity should he presume to land, that not a single warehouse or shop was shut, nor were any goods or valuable efiects removed from the city. At that period, New Orleans presented a very af- fecting picture to the eyes of the patriot, and of all those whose bosoms glow with the feelings of national honor, which raise the mind far above the vulgar apprehension of personal danger. The citizens were preparing for battle as oheerfullv as if it had been for a party of pleasure, each in his vernacular lK>ngue singing songs of victory. The streets resounded with Yankee Doodle, La Mar- seillaise^ Le chant du Dipart, and other martial airs, while those who had been long unacoustomed to military duty were furbishing their arms and accoutrements. Beauty applauded valor, and prom- ised with her smiles to reward the toils of the brave. Though in- habiting an open town, not above ten leagues from the enemy, and never till now exposed to war's alarms, the fair sex of Kew* Or*' leans were animated with the ardor of their defenders, and with cheerful serenity, at the sound of the drum, presented themselves at the windows and balconies, to applaud the troops going through their evolutions, and to encourage their husbands, sons, fathers and brothers to protect them from the insults of their ferocious ene- mies, &nd prevent a repetition of the horrors of Hampton. The several corps of militia were constantly exercising from morning till evening, and at all hours was heard the sound of drums and of military bands of music. New Orleans wore the appearance of a camp ; and the grestest oheerfhlness and concord prevailed among all ranks and conditions of people. All countenances expressed a ■■ .*' V ■■;:-■;' .'/^';V,i.->r y;^-^^-:K: ,-!« ^y'ii' C'. ^ -m ^ "♦• iTVl !.^- "%,#.■•--» ';V. '? ,. 'fi::'-^..' mm m m * 416 FOBOES OF TUE INVADEKS. [1814. wish to come to uu ::ugagemcnt with the enemy, and announced u foretaste of victory." Thifl was a traiiBformation indeed, and it was all due to General Jackson I On the 20tli, Governor Claiborne, in a communication addressed to our Senator in OongreBs, Fromentin, in which he spoke of the approaching force of the enemy, remarked : " We, hoTv -■ rerj feel ourselves secure ; there is but one sentiment, one mind ; and old and young are alike prep£ured to meet and repel the foe." The expedition against Louisiana was composed of 14,450 men, forming three divisions. Sir Edward M. Packenham was Commander-in-Ohief. Major-General Samuel Gibbs commanded the First Division, General Lambert the Second, and General Keane the Third. The fleet which had transported these large forces, and which was to aid them with its cooperation, was of proportion- ate strength, under the command of Admirals Cochrane, Godringti n and Malcolm. These three divisions of Brit- ish troops were composed of regiments which had cover- ed themselves with glory on many a battle-field, and which were again, on the banks of the Mississippi, to be- have with their usual gallantry, but not with such suc- ':■ cess as they had met with elsewhere. The water-course through which they penetrated into Louisiana, and which is put down in old French maps as the River St. Francis, . was also called by the people of the neighborhood " Bayou vdes Pecheurs." By Admiral Cochitme and the other British officers it is designated in their dispatches under the name of Bayou Catalan, b;it it is more generally known as Bayou Bienvenu. It requires a short de- scription, which I cannot give in more accurate words than in those which I shall borrow from M(0or Zaoar- riere LatoWy who ackys : "Through this bayou nm all the waters of a large baidn of a .814.] BAYOU BIENVENU. 41' triangular form, eighty milos squaro in Burfacc, boun<1cil on the Bouth by the MisHisslppl, on the wist by New Orleans, on the north- west by Bayou Sauvago or Chef Mentcur, and on the east by Lake Borgne, into whioh it empties. It ret ives the waters of several other bayous formed by those of the suiTounding rypress swampn, and of innumerable little streams from the low grounus along the river. It commences behind the suburb Marigny at New Orleans, divides the triangle nearly into two equal parts from its summit to the lake which forms its basin, and runs in a southeasterly di- rection. It is navigable for vessels of one hundred tons as far as the forks of the canal of Piernas' plantation, twelve miles from its mouth. Its breadth is from one hundred and ten to one hundred and fifty yards, and it has six feet water on tlie bar at common tides, and nine feet at spring tides. Within the bar there is, for a considerable extent, sufficient water for vessels of from two to three hundred tons. Its principal branch is that which is called Bayou Mazant, which runs toward the southwest, and receives the waters of the canals of the plantations of Yillere, Lacoste and La Ronde, on whioh the enemy established his principal encampment. It was at the ^orks of the Canal Yilleru and Bayou Mazant that the British ascended in their pinnaces, and effbct?J a landing.*' On the left bank of this Bayou Bienvenu, a mile and a half from its entrance into Lake Borgne, there was a village of Spanish and Italian fishermen, who used, through the canals which 1 have mentioned, to bring fish in their boats for the market of New Orleans. General Jackson, having given a general order for the obstruction of all the bayous below Manchac, was under the impres- sion that the navigation of Bayou Bienvenu had been stop- ped. " This impoiiiant service," says Jackson to the Sec- retary of War, in his Report of the 27th of December, 1814, " was committed, in the first instance, to a detachment from the Seventh Bc^^iment, afterward to Colonel de La Ronde of the Louisiana Militia, and lastly, to make all sure, to Major-General Viller4, commanding the district between the river and the lakes, and who, being a native of the country, was presumed to bs best acquainted with all those passes." But, from some unknown 27 IM Tm\ •5V.-^' ■v'-ii*; rt - V:,.- ■•i i-j^::.i; .f <»-«'^-- ■M'. ,i'< i 418 THE nSIIEBMEN 8 VILLAGE. [1814. cause, General Jackson's intentions were defeated, and be it from the want of time, or of materials, or from neg- lect or oversight, it wa8 veiy near producing the fall of New Orleans into the hands of the enemy. M^jor Vil- ler<^, however, the son of the migor-general of that name, who was stationed at his father's plantation with a small force, knowing that the British were hovering on Lake fiorgne, sent in a boat, on the 21st, a squad of nine white men, two mulattoes and one negro, to the village of the fishermen, for the purpose of ascertaining the movements of the enemy. Unfortunately these fisher- men had been bribed by the British, to whom they used to carry all the information they could pick up in New Orleans, where they were permitted to come daily and without suspicion to sell their fish. Three of them had even piloted, on the 20th of December, a British captain disguised like one of them, as far asj;he bank of the river, whose water he boasted of having tasted with impunity on that occasion. He had thus the opportunity of making a full 8ur7ey of that part of the country, and, on his report, the commander-in-chief determined to pene- trate into Louisiana by Villere's canal, the banks of which were found, at the time, to afford a firm footing for a landing-place in the prairie which skirts the lake, and a practicable highway to the river. The village of the fishermen was inhabited by about thirty men. When the detachment sent by Major Viller6 arrived there on the 21st, they found only one fisherman, who was lying in bed from sickness. The rest were said to have gone away the day before, in pursuit of theh* usual avocation, but in reality it was to serve as pilots to the British. The eoramander of the detachment im- mediately ordered a few men to proceed to some distance into the lake, and ascertain whether they oonld see any- thing of the enemy. They reported that they had ob- ■^»' >v.;,''; i '■X 1814.] THE FIBUERMEn'b VILLAGE. 41U served nothing of a suspicious nature. A Rentincl, how- ever, was posted at some distance in advance of the last cabin toward the lake for the rest of the night, which was already partly spent. The same vigilance was ex- ercised during the whole day of the 22d ; at regular in- tervals, men were sent as far as two miles into the lake, and they saw nothing. Toward evening, three men arrived in a pirogue from Ohef Menteur. They had traversed a considerable portion of the lake, and their report was that no enemy was to be seen. That night a sentinel was again posted near the mouth of the bayou in advance of the cabins. During the preceding night, the numerous dogs that were in the village kept up an incessant barking from some unknown cause, but during the next night not a bark was heard. The reason was, as discovered subsequently, that the fisherman who pre- tended to be sick had got up and locked all the dogs in one of the cabins. Some time after midnight the sentinel heard a noise in the direction of the lake ; he gave the alarm, and the detachmf^nt ran to their aims. At that moment, the moon was disappcairing behind the horizon, but by its last gleams they saw five barges rapidly ad- vancing up the bayou with glittering bayonets and some light pieces of artillery. The disproportion of numbers was so great that they feared to fire, and retreated for concealment behind one of the cabins. As soon as the five barges had shot ahead of this cabin,* seven men of the detachment jumped into a boat, to escape by the lake, but they were cut off before they could push the boat from the shore. Then they attconpted with the rest of their companions to escape in different other ways, but they were, some at the time, and others in a few hours afterward, all made prisoners, with the exception of only * LMMikra LAtPur** HistorlMl Memoir, p. 8B. ■r ; • ■ ■':^'^:?i: ■tm: . "> ■ ■f.'.'-^'K'.i'--': '. 420 TREACHERY OF FISHERMEN. [1814. WtTt iA:r. '*•. r-i^'ii-vL^^I; Em '■"**';■-■■' one, named Rey, who, after tliree' clays of uncommon fatigue, hardships and perils over trembling prairies, bayous, lagoons and canebrakes, arrived at the post of La Bertonniere on the road leading from Gentilly to Chef Menteur, too late to give timely information ; for the battle of the 28d had already been fought. Among the prisoners was the son of a respectable planter, called Ducros. He was interrogated as to the number of troops in New Orleans and its environs. His reply was, that there were from twelve to fifteen thou- sand men in New Orleans, an i from three to four thou- sand at the English Turn. The other prisoners agreed in the same statement, v/hich seems to have been the re- sult of a preconcerted understanding among them on the subject. The fishermen had represented the forces in New Orleans as being insignificant, but as they were men of low character, very little weight was attached to their declarations, particularly when contradicted by more re- liable testimony, according, besides, with the conjectures of the British, which were founded on what they thot^ht strong probabilities. If this picket had been established on the shore of the lake itself, instead of its being per- mitted to take more comfortable quarters at the fi^ier- men's village on the bayou, our men would not probably have been surprised, ub they would have commanded a full view of the lake. It is also to be regretted that Major Vili€r6 had not posted several intermediate pickets between the lake and his own quafters on the river. This omission was rendered more tatal by the unforeseen treachery of the fishermen and by the failure to obstruct the bayou according to ordei-s. As it was, it seems that a sort of fatality was attached to the spot, and militated in favor of the invaders. It is due to the memory of that high-minded and patriotic gentleman, Major Viller^, 1814.] LAl!7DINa OF THE BBTTISH. 421 to state that a court-martial held on the 15th of March, 1815, acquitted him ol* all blame, although he did not choose to introduce any testimony in his favor. At four o'clock in the morning of the 23d, the first division of the British troops under General Keane had ♦ anived at the mouth of Viller^'s Canal, where they rested some hours. The forces which were destined for the attack of New Orleans liad been collecting at He Aux Poix, or Pea Island, at the entrance of Pearl River, since the l7th. General Keane's division, which had thus reached the mouth of Vjllere's Canal on the morning of the 23d, had sailed the day before, at 10 a. m., from lie Aux Poix. From the head of this canal to ]the skirts of the woods which lined the rear of M^jor-Gen- eral VUlere's plantation, there was about a mile, and from the skii-ts of the woods to the river about two miles. At about half-past eleven in the morning, the British troops had emerged from the woods, and a de- tachment headed by Colonel Thornton had surrounded the house of General Viller^, in which was stationed a company of militia, who were all captured, with Major Viller^ and another of the General's son«i ; but, a short time after his capture, the Mfgor, with grciat presence of mind and cool intrepidity, availed himself of an opportu- 1 nity to escape, and, jumping through a window, was soon out of the reach of the enemy, who fired at him many shots §8 he fled, and pursued |iim hotly for a con- siderable distance. It was during this pursuit that he is reported to have sheltered himself in the dense foliage of one of those magnificent live oaks so common iM Louisiana, and an affecting anecdote is told of his having been compelled, with teaaes in his eyes, to kill at the foot of . the protecting tree a favorite dog who had followed him in his flight, and w^o might have involuntarily betrayed his master. '^t^ ■J:f I'M m li m M u'H%9 lUWf'*^"* v'tran w^* ^• riwRp Hfctjk'*"* Iit'iSh 3**T^^ K 'VfK WmJ"*;'. iJiMi j|v-t ^•"^a S^'' ^' m^' EMw^ I ' wa^ cSP/ jp'jpxj □fliflN^' l'1^\ i^"^ h'Wm ^te>4 I'totS i^S^j hW^ ^^ 1 m m K mS^ ^^"^^^ \ \ im j|^r^'°^ ^»^i !ii ^P^ 11 ^P Pi p!^' Mi^ T^tt^f./v Iw j^^i: S||| I'iif'iH ^l|^ u^ W^^ ^^§ l&^ l^.y.- 422 JAOESON MABOHING. [1814. At about 2 o'clock p. m. General Jackson was in- formed of the close proximity of the enemy and of the position he had taken. With his characteristic eoergy and clearness of perception he instantly decided to at- tack what he considered the vanguard of the invaders and give them no breflthing-time. In half an hour after he had received the information, he had thrown forward, as fai' as Montreuil's plantation, one detachment of ai'til- lery with two field-pieces, one regiment, the 7th of the line^ commanded by Major Peire, and a detachment of marines. Subsequently, General Ooflfee, who was in command of the Tennessee mounted riflemen encamped four miles above the city, the volunteer dragoons of Mississippi under Colonel Hinds, and a company of New Orleans riflemen under Captain Beale^ were hurried for- ward in the direction of the enemy, and at 4 oclock p. m. they had taken a position on the Rodriguez Canal. At 5 o'clock, the battalion of men of color under Major Daquin, the 44th Regiment of the line under Colonel Ross, and Plauch^'s battalion of uniform companies, composed of the elite of the native population of the city, of French origin, and of Frenchmen who had made it their home, came from Bayou St. John at a running pace, and traversed the city with the utmost eiqjedition, while the windows and balconies were lined with women, children and old men, who waved handkerchiefs, bestowed cheerful tokens of encouragement with tears in their eyes, and warmed the hearts of the citizen soldiers with all the demonstrations which anidous affection can suggest. Governor Claiborne was ordered, with the First, Second, and Fourth Regiments of Louisiana MUitia, and a volun- teer company of hor^e, with Carroll's Brigade of Tennes- seeans, to take a position between the Colson and Dar- cantel plantations, in the plain of Gentilly, in order to cover the city in case of an attack on the side of Chef Menteur. f.< -^T^^'' -." |::;lSi; 1814.] SKIEMISHE8 WITH THE ENE31Y. 423 ^' In the mean time the British had been leisurely estab- lishing their camp on the bank of the Mississippi. Out- posts and pickets were set out ; toward the city a strong detachment was thrown out on which might fall back, in case of need, the advanced posts which had been stationed behind fences and ditches ; and the Command- ing General, having established his headquarters in General Viller^'s house, before which he placed in battery the three small cannons he had brought with his division, determined to wait for his expected reinforcements, with his left resting on the river, and his right on the swamp and forest from which he had just emerged. About four o'clock, a picket of five mounted riflemen, belonging to the di*a- goons of l^eliciana, who had been sent to reconnoitre, having ' r >ached the enemy with too rash dering, re- ceived ,ii-directed fire of musketry from a British outpost concealed behind a fence on the boundary of Lacoste's and Laronde's plantations, bjjr which they had one horse killed and two men wounded. Colonel Haynes, with Hinds' Mississippi troop of horse, composed of one hundred and seven men, next made his appearance ; but, not being able to proceed beyond the strong advance which the British had thrown forward on the road to, the city, he could not make a correct estimate of the strength of the forces which had landed. It was then that a negro was arrested^ who had been sent by the British with printed copies of a proclamation in French and Spanish, neariy in the following lines : ^' Louisianians, remain quiet in your homes ; your slaves shall be pre- served to you, and your property respected. We make war only against Americans." This was signed by Ad- miral Cochrane and Major-General Keane. The same proclamation had been stuck up on the fences all along the road below Laronde's plantation.* In confirma- * Lacarriere Latour'a Historical Memoir, p. 91. WM v^'' \*'- ;■ ~i"' . *"■» 424 ATTACK BY THE CAEOLINA. [1814. m !'«i* &>¥'■, "(j'M."*;; ; X*V.> '^ A'* ' .'.5 v tion of their benevolent intentions for the native popula- tion!, they had b^un to make it known by every means in their power that they had on beard of their fleet, as a sort of Mends, guests, or spectators accompanying the expedition, three natives of Louisiana, then officers in the Spanish army, and whose names were E^gio, Guille- mard and Grandpr^. At about seven o'clock p. m., night having completely sot in, a part of the British troops, exhausted by fatigue, had lain down in their bivouacs in perfect confidence and security • others in the camp, and some pickets of the outposts, had lighted up large fires, at which they were cooking their suppers. At that moment a vessel made her appearance, gliding down the river with the cu'-rent. She was frequently hailed by the British sen- tinels, but no answer was i^tumed. It. was the United States armed schooner Carolina, commanded by Captain Henley, and hfmng on board Comm^yuore Patterson, who, in obedience to the orders of General Jackson, had hur- ried from Bayou St. John, where he had been examining the batteries erecting by the navy, under Capt. Henley. His instructions were to anchor abreast of the enemy's camp and open fire upon them, whilst General Jackson should attack them on land. With the aid of sweeps and a strong scope of cable the ship sheered dose ashore at the designated spot, and anchored quietly and silently, whilst her manoeuvres were examined with wondering curiosity by about a hundred of unsuspecting English- men who had taken her for a common boat plying on the Mississippi. Suddenly the stem and measui-ed voice of n^mmand was heard, uttering distinctly these words : " Now, boys, give it to them for the honor of America." Then the vessel poured a heavy fire from her starboard batteries and small-arms, which was returned most spir- itedly by the enemy with Congreve rockets and mus- 1814.] ATTACK BY THE CABOLINA. 425 ketry from their whole force, when, after about forty min utes of most incessant fire, the enemy was silenced ; but although it was too dark to see anything on shore,* the fire from the ship was continued until nine o'clock, on what was supposed to be the enemy's left fiank, whilst engaged with our troops, as I shall presently describe. No injury wa* done to the schooner, nor to any of her crew, whilst it h belie\ed that the British suffered a loss of about a hundred mei\ from her fire. It is strange that Major-General Keane, in his report to Major-General P:ii;kenham, should have stated that " he. was attacked by a large schooner and two gun-vessels, which had an- chored abreast of the fires of his camp." There could be no possibility of mistaking one ship for three, partic- ularly by so cool and so brave a man as Colonel Thorn- ton, who, " in the most prompt and judicious manner, placed his brigade under the inward slope of the bank of the river," and by so experienced an officer as Lieuten- ant-Colonel Brooke, who, " with the 4th Kegiment, took shelter behind some buildings which were near at hand." General Keane adds: "This movement was so rapid that the troops suffered no more than one casualty." It is fair to presume that this statement was as erroneous as th?+- which he made concerning the number of the attacking vc««sels. "Whilst this engagement was going on betwean the Carolina and the British, the land attack began as it had been preconcerted, it having been understood that the fire from the Oai'olina was to be the signal. At five o'clock, General Jackson had put himself at the head of all his available forces, which, he says in a dispatch to the Secretary of War, " did not exceed fifteen hundred men, with an artillery composed of only two six-pound- although it appears that he had in reality two • CJommodcre Pattereon's dispatch to the Secretaiy of the Navy. ers, n .r. •'•'?»-t-jJ ':<;-'^ ■ WM ■■-^T--'-- V- ^:' V1'-1.'. • ■■■ ' '; r ■ .' '.*•': i ' ''■■■; '■■.■'■•■■■•;>' rSi' - v. .•!■ ■ •i-~-iE". .J . :;v. ■■:::/?: :-i;.;n;(ij,v;r., ■ 3^ 426 ATTACK BY GENERAL JACKSON. [1814. ^ V;f ^' ■-"■•i> .i^T' ?'-.»..» ■'■•J >'-' thousand one bundred and thirty-one men, of whom about eighteen hundred were engaged. * At seven o'clock, General Jackson had arrived near the enemy's encampment, which he estimated at three thousand strong, drawn up in echelons half a mile on the river bank, and extending their right wing nearly to the woods. The American General immediately made his dispositions to attack. He ordered General Coffee, who had about six hundred men under his command, to turn the British right, whilst with the residue of his force he would attack his left near the river, which was his strongest position. Colonel De Laronde, the owner of the plantation on which our troops were formed, and who therefore knew every inch of the ground, was or- dered by General Jackson to accompany General Coffee as a guide. Colonel Piatt, quartermaster^general, with a company of the Seventh Regiment, jcommanded by lieu- tenant McKlelland, was the first to drive the enemy's outposts on the high road near the river ; but the Brit- ish having i-eceived reinforcements, and being now about three hundred strong, resumed their former position, and kept up a brisk fire of musketry against our detachment, who as briskly returned it. Colonel Piatt received a wound in the leg, Lieutenfmt McKielland and a sergeant were killed, and a few privates wounded. In the mean time, the Seventh Regiment of the line, coming to the support of the corps thus engaged, had advanced by heads of companies, parallel to the right resting on the high road near the river, until within one hundred and fifty yards, where it formed in battalion before the enemy, with whom it instantly exchanged a very brisk and close fire.f The Forty-fourth came up at the same time, formed on the left of the Seventh, which had begun the • Latour's Historical Memoir, p. 106. f Latour's Historical Memoir, p. 06. *•-».« 1814,] BATTLE OT THE 23d DECEMBEB. 427 action, and, an the right of the artUlery, the marines were drawn up on the river bank. The engagement now be- came general on both sides. The enemy, seeing that he could not make our troops give way, attempted to flank ns on our left about three hundred yards fix)m the liver, and the Forty-fourth, com- manded by Captain Baker, had already begun to oblique to meet the flanking column of the enemy, when Major Plauch^'s battalion, with M^jor Daquin^s battalion of colored men, and a piiall number of Indians under Cap- tain Juzan, advauced to meet the movement of the Brit- ish, with their right a little in the rear of the Forty-fourth, and their left resting on the angle of Laronde's garden. The eneniy's colunm, which had advanced silently in the dai'k to flank the Fo^v^-r^orth, almost stumbled within pistol-shot on the extremity of Daquin's battalion, and instantly a well-sustained fire began, and was warmly kept up on both sides. Plauch^^s battalion, which was now between the Forty-fourth and Daquin^s coloi^ men, and therefore forming the centre, advanced in close col- umn and deployed under the enemy's flie, which ex- tended along our whole front from the bank of the river to Laronde's garden, where it formed a kind of angle or curve, on account of the attempted flanking movement. At this moment some confusion occurred, because some of the men of Plauch4's battalion mistook the Forty- fourth for the English, and flred into them, but the dis- order was iioon repaired and already were our troops, carried away by their martial enthusiasm, clamoring from rank to rank to charge vrith the bayonet, and al- ready was Planch^ giving the desired order, when it was countermanded by Colonel Ross, who had the superior command of the two battalions, and who inopportunely came up in time to check this able and judicious ma- noeuvre. Had it been made j had Plauch^'s battalion }^: i *,1-. 'm '}:^^ ■/f^i \f^ :^f^h '>jj M W{ m !. ■?.■»< ■"■■!'4>)., W ..: 'V,; \ •*>*' 'rt« «3 Wk^'' '■' *li 'a r«i *^ KK*" .'iSi Q'vfit' ^i kmE^' sK^ •lOu Sra[>*v k'*^ /^GuH ia'.*- 9t\ ■;• m >iM ■*;-'■ '• r,»..i->'.» ,. ■^«;"Rfc■ l^;i>■••''.:-i■.>.; iw "'.U; . :.• ■•■■ >; '■X-'^ 428 BATTLE OF THE 23d DECEMBEB. [1814. advanced to tho cLarge, observes a competent military critic,* the enemy's retreat would have been cut off on his right, aid he would have been completely sur- rounded by General Coffee's biigade, which was advanc- ing in his rear, by PlauchiVs battalion on his left, Da- quln's in front, and Laronde's great hedge of orange-treea on the right ; so that most of that column would have been compelled to lay down their arms. As it w&s, the enemy gradually gave way, and retired in safety, favored by the darkness which was incref r^ed by a rising fog, and the smoke which a light breeze blew full in the face of our men. The British must have retreated with the conviction that their hopes of neutrality on the part of the French and of the natives of Louisiana were en- tirely frustrated, for they heai'd everywhere, during the engagement, the French words of command with which they had become so familiar on the European battle-fields. Whilst this was going on, our two six-pounders had been playing successfully upon the British, who attempt- ed to seize them ; but the marines rushed to the rescue on the right, and a close and rapid fire from the Seventh of the line, on the left, effectually kept them off. It was, however, a critical moment, for the British attacked with their usual impetuous gallantry. But General Jackson in person, in advance of all who were near him, within pistol-shot of the enemy, in the midst of a shower of bullets, was spiriting and urging on the ma- rines and the men of the Seventh. Animated by such a voice, and with such an example before their eyes, our men could not J'";, act heroically, and the enemy's charge on the artUlfii" , : repulsed with a heavy loss on his side. While sucii were the operations on our right. General Coffee's Division on our left had attempted to execute * Latour's Memoir, p. 110. 'j^*:;? y-i^; 1814. L itary iff on 8ur- Lvanc- ,, Da- j-treea . have IS, the ivored ig fog» in the d witli le part ere en- ing the , which e-fields. jra had ittempt- rescue venth off. It tacked General 3re near ist of a the ma- sucli a eyes, our s charge on his General execute 5e 1814.] BATTLE OF THE 23d DECEMBER. 429 the movement of flanking the enemy's right near the woods and swamp. Arriving at a ditch and a fence separating Laronde's plantation from Lacoste's, on his way to Viller^'s plantation on which Keane had estab- lished his camp, and which was next to Laronde's, Gen- eral Coffee ordered his riflemen to dismount, and left one hundred of them to take care of the horses and have them ready when wanted. He then with the rest of his ti-oops pushed forward, followed by Oapt. Beale's Or- leans Ri(lem(;n, and by the Mississippi dragoons under Hinds, numbering one hundred and seven men. But this detachment of cavalry, finding that it was impossi- ble for them to manoeuvre in fields cut up with ditches at very close intervals, remained drawn up on the edge of a ditch in the middle of Lacoste's plantation. Cof- fee moved on rapidly after having ordered his men to advance in profound silence, and to fire without order, taking deliberate aim with their utmost skill. He knew from experience what that skill was, and what destruc- tion it would produce. He briskly drove the enemy's outposts before him until he met the Eighty-fifbh drawn up on Lacoste's plantation, but on the first fire of the Tennesseeans, that regiment fell back toward their camp behind an old levee near the river. About that time General Coffee discovered that several parties of the enemy wei*e posted among Lacoste's negro huts, and ordered his men to drive them out, which was soon effected. These negro huts long exhibited evident proofs of the unerring aim of the gallant Tennesseeans. In one spot particularly were Been half a dozen marks of their balls in a diameter of four inches, which w^re jHrobably all fired at the same object. Some British soldiers were killed or taken prisoners in endeavoring to es- cap< toward the ^voods, in a diredion opja^site to their camp ; " so true was it," as observed by Major ..-11 :, » If .^.tfifii .'•■■' • • , -,/..' •••.'."■.-'ji*'* ; '.■■f- ■ ■ .- ■',■■»>■.■ ' . f .. , ■»; » ^ ¥. 1 r- . >...■■" '/. • ''• * '%# :;>''■-• r**'' i ,'■."■ * "^r I. ^^^jtsiy i 430 BAITLE OF THE 28d DECEMBER. [1814. '■■2h ■■■■' ■JM-' .*' S'sKlv, % t7 7 V >i :. Latour, " that the British troops were struck with con- sternation on being attacked in so vigorous, judicious and unexpected a manner." Captain Beale's Riflemen, having become separated from Coffee's Division, ad- vanced within Viller6's plantation, penetrated into the very camp of the enemy, and after having made several prisoners, woie attempting to rejoin General Coffee, whose movement had been steady from our left to our right, when unfortunately, through a mistake OT«ing to the darkness of the night, some of these intrepid men fell among a strong body of British troops who were just arriving from the Lake, and moving rap- idly from the woods toward their camp. They took those troops for Coffee's Division, and were captureu. The rest of the company had succeeded in retreating to our lines with several prisoners.* General Coffee's Division was -now maintaining its position in ftvnt of the old levee on Lacoste's planta- tion, where it continued to keep up a galling and well- directed fire on the troops it had driven toward the river, and which it thus exposed to the fire of the Caro- lina It was half after nine o'clock, and the enemy, who certainly had got the worst of the battle, finding his position, if not untenable, at least dangerous, fell back to his camp on Viller^'s plantation, where he passed the night under arms and vnthout fire. General Coffee, aware of the retreat of the enemy, and thinking it prudent not to remain in a position whidi ex})OBed him to the broadsides of the Carolina, when, owing to the dark- ness, friends could not be distinguished frr»r^ foes, fell back also, and took a position for the night in front of Laronde^s garden, on the left of the other troops. When this engagement began on the plain extending from the river t^he swamp, the second division of British troops * Latonr's MeUolrs, p. 99. [1814. I con- icious emen, a, ad- bo the everal Coffee, left to aistake : these troops ng rap- »v took iptureu. ating to ning its , planta- ad well- rai'd the ;he Caro- 5 enemy, !, finding rous, fell le passed a Coffee, . prudent |m to the the dark- foes, fell front of )8. When from the [ish troops 1814.] BATTLE OF THE 2dD DECEMBER. were omving at the fishermen's village. They were disembarking, when they heard the firing which an- nounced to them that their first division was engaged. Admirals Cochrane and Malcolm, who we'.e present, hurried the disembarkation of the troops, and pushed them forward with such rapidity that, in less than an hour, a considerable portion of them had reached the scene of action, in which they were enabled to take an active part. Although thus reinforced, the enemy, after retreating to their camp, were very much alarmed at the prospect of being cut off from the on]y communica- tion they had through Viller^'s canal with their fleet, and took every precaution to prevent such a disaster. Such were their apprehensions,* that they posted double lines of sentries, so that, in walking in a contrary direc- tion, they met and crossed each other. In this battle the British artillery consisted only of two three-pounders. They went into it with about eighteen hundred men^ but with the reinforcements which they received before it was over, the British force engaged may be estimated at two thousand five hundred men. There was little method or system observed in the course of this action, on account of the obscurity of the night and the nature of the ground, which was intersected with ditches and fences. The difficulty on the part of the combatants to ascertain their respective positions naturaUy produced a good deal of confusion. There could not be any concert of action ; detachments and small bodies of men, being accidentally separated from the larger corps they belonged to, acted for themselves according to circumstances. It was a series of duels between regiments, battalions, companieti, squads, and even single men. There was a great deal of hanC lo- * Latou'i Memdr, p, 100. ■ J- «.<■,,(■ ■Tfi r- t?i'>¥layed. In such a mUee many a lamentable mistake was made, and iriends fired at friends on repeated occa- sions. Major-General Keane, in his report of the 2Cth December to the Commander-in-Chief, Sir Ed\^.u*d Packenham, says, particularly in relation to the conflict between his troops and Coffee's Tennesseeans and Bealo'n Orleans Riflemen : " A more extraordinary conflict haw perhaps never occurred ; absolutely hand-to-hand, both officers and men." He erroneously estimates Gen- eral Jackson's forces in the battle at five thousand men, which may be accounted for on the ground that the British took every uniform company of the Louisiana militia for a battalion, as each of them wore a different unifoiTn. But another error which cannot be so easily explained is, that he claimed to have remained master of the battle-fleld ; which is not. the truth. General Jackson, with much more correctness, says in his report to the Secretary of War dated on the 27th of December : " Thei-e can be but little doubt that we should have succeeded, on that occasion, with our in- ferior force, in destroying or capturing the enemy, had not a thick fog which rose about eight o'clock occasion- ed some confusion among the different corps. Fearing the consequences, under this circumstance, of the further prosecution of the night attack with troops then acting together for the first time, I contented myself with lying on the field that night." The fact is that General Keane's repoH is written with remarkable inacoui'acy, for he states that the battle began at eight and ended at twelve, whilst it is beyond doubt that it began at seven and was entirely over at half-past nine. The time of its duration, according to his statement, is as apocryphal as the \'ictory he claims. The loss of the enemy in this affair was about four hundred. Ours was 24 killed, .P ,:i,■^V .'-"' ;i8i4. (lis- iStake ouftict Lct ha» \, l)otli i Geii- lousand ;hat tbe >\usit*na liffereTit \o easily I master General in his lie 27tli ibt tliat |b oar in- jmy, had occasion- Fearing le farther [en acting ith lying General [uracy, for ended at at seven [ime of its •ryphal as ly in this 1 24 killed, 1614. J jaokson's beport. 433 115 wounded, officers included, and 74 prisoners'— in ail 213. The death of Colonel Lauderdale, of General Codec's brigade of mounted riflemen, was particularly regretted. He fell at the post of honor, leaving the reputation of a brave and accomplished officer. In his official report on this battle, General Jackson uses the following language : "In this afiair the whole corpH under my coramaud d^gcrve the greatest credit. The best compliment I can pay to General Coffee and his brigade, is to say, they behaved as they have always done while under my command. The 7th, led by M^or Peire^ and the 44th, commanded by Colonel Ross, distinguished themselvos. The battalion of' city militia, commanded by M^or Pluuchu, realized my anticipations, and behaved like veterans ; Savary's volunteers manifested great bravery ; and the company of city riflemen, ha • ing penetrated into the midst of the enemy's camp, were surroun i- ed, and fought their way out with the greatest heroinm, bringing with them a number of prisoners. The two field-pieces were well served by the officer commanding them. " All my officers in the line did their duty, and I have every reason to be satisfied with the whole of my field and staff. Colo- nels 'Butler and Piatt, and Major Chotard, by their intrepidity, saved the artillery. Colonel Haynes was everywhere that duty or danger called. I was deprived of the. services of one of my aids. Captain Butler, whom I was obliged to station, to his great regret, in town. Captain Reid, my other aid, and Messrs. Livingston, Duplessis and Davesac, who had volunteered their m" ,?.oes, faced danger wherever it was to be met, and carried my ovul /s with the utmost promptitude. Colonel De Laronde, Major Yilleru of the Loubiana militia, Miyor Latour of Engin <)rs, havmg no command, volunteered their services, as did Drs. Kerr and Flood, and were of great assistance to me." A detachment of the LouislAna drafted militia, three hundred and fifty men strong; under the command of Brigadier-General David Morgan, was posted at the . English Turn, below Yiller^'s plantation. It wm ftbout 0L3 o'clock in the afternoon when they became aware of the appearance of the British on the h&tk of the river, 28 ■■■■ * •%Vf!'i- 1 ■•■■■ rfe^Mi V/*f' •f,": . ...- « »',' '., '•'• «:«■ BS^ KB m||^H Is Ik n^K' BBUR: •4:'?j;;ir ;j§4 GENEBAL D. MOBaAN'S COBPS. [1814. one hour sooner than the news reached General Jackson. The men ran to their arms, and both privates and offi- cers were clamorous to be led to meet the foe. But General Morgan, in the absence of orders from head- quarters, and acting under the impression that it would be better to wait for some indication of what General Jackson intended to do, refiised to gratiiy the importuni- ties of his subordinates, whose impatience at their inac- tivity increased every hour. But when they heard the roar of the artilleiy and the discharges of the musketry, it became impossible to restrain their ardor any longer, and the consent of General Morgan to their marching instantly was hailed with universal acclamation. Full of enthusiasm^ they pushed forward so rapidly, that the action was at the hottest when they ai rived at the spot .where the road which leads to Terre aux Boeufs diverges from the one which runs along the bank of the river, and they continued to advance, preceded by two pickets, the one on the high road, and the other in the fields near ^.the woods. On reaching Jumonville's plantation, which preceded Viller^'s plantation, our pickets which were coming up on the high road fired at a party of the enemy posted at a bridge thrown 6ver a canal running perpen^iculariy to the road. The British, after having returned the fii*e, retired behind the canal. It was now half-past eleven, and the battle between Jackson's foxces and Keane's had ceased for two hours. Vain efforts 'were made to reconnoitre, and to ascertain the strength of the enemy. The obscurity of the night was such, and the danger of falling into some ambuscade was so probable, that General Morgan ordered his battalion to take a po- sition in a neighboring field, where it remained until about three the next morning, when General Morgan held a council of war, in which it wa>s deemed expedient by "the officers, on account of their ignorance of what ;#-' '* x9 kson. I ofii- But head- ivould eneral jrtiim- T inac- • rd tlie sketry, longer, etrcbing . Ml ;liat the the spot iiverges be river, pick^B, >ld8 near |n, which ich were of the 1814.] OENSBAL D. MOBOAN's COBPS. 435 had become of our main forces under General Jacksbn, to retreat to their former position at the English Turn, where they arrivet! early on the morning of the 24th, after fatiguing marches through mud and darkness. Sev- eral soldiers belong^ ig to this battalion, who had just left the hospital to march against the enemy, had been obliged to remain behind from exhaustion, when the battalion retreated. At daybreak they could recon- noitre to some extent, and on their return they reported that in the same field in which the battalion had formed in the night, there was, within a short distance, a British corps of six hundred men,* who, probably thinking the Americans stron^Jer than they were," had not dared to attack them. The discharges of artillery and musketry were as dis- tinctlv heard in New Orleans, whilst the battle was going on, as if the event had taken place in its suburbs. Describing the condition of the city during this period of suspense and anxiety, Judge Martin, who witnesse^J all that occurred, who, in hid History of Louisiana, does full justice to the patriotism displayed by the State dur- ing the invasion, and who treats with much asperity the attitude which, five days after the battle of the 23d, General Jackson assumed toward the Legislatui%, says : ''A report was spread that Jackson, before his departure, had taken measures and given positive orders for blowing up the mag- azine and setting fira to various parts of the city, in case the British succeeded in forcing his ranks. His conduct in this respect was considered by some as an evidence of his deeming his defeat a probable event. The old inhabitants, who had great confidence in the natural obstacles which the situation of the capital presents to an iuvadLig foe, and which they thought insurmountable if pr.^ ,:' attention was bestowed, concluded that it had been neg- lected. They lamented that the protection of the city had been confided to an utter stranger to the topography of its environs, * Latonr*! Memoir, p. 19B. mm I ■■:? '^' L •*■■' fiV*' wt i '1 »yr'T-- It ¥i: r.*\: •■'^> ; V ■\j ''■^'' .'f>' '^ •^ ^■^ EXCITEMEirr IN WRW 0BLEAN8. [1^1 4. and while frequent explosions of musketry and artillery reminded them that their sons were facing warlike soldiers, they grieved that the commander was an officer who, in the jbeginning of the year, had hardly ever met any but an Indian enemy, and whose inexpe- rience appeared demonstrated by the rash step attributed to him. The truth or falsity of the report was sought to be ascertained by an application to the officer left in command at the city, who de- clined to admit or deny t^at the steps had been taken, or the order given. " A circumstance tended to present the conflagration of New Orleans as a more distressing event than that of Moscow. The burning of the houses of sevei^l planters above the city, in 1811, was remembered, and apprehensions had been entertained that British emissaries would be ready, a short time before the main attack, to induce the slaves toward Baton Rouge, or Donaldson- ville, to begin the conflagration of their owners' houses, and march toward the city, spreading terror, dismay, fire and slaughter ; and a dread prevailed that Jackson's firing of the city would be taken by them for the signal at which they were to begin the havoc, even in case their apprehensions from Briti6h.i,emissarieB were ground- less. The idea of thus finding themselves with their wives, chil- dren, and old men driven by the flames of their houses toward a black enemy bringing dqwn destruction, harrowed up the minds of the inhabitants. Persons, however, who hourly came up from the field of battle, brought from time to time such information as gradually dispelled these alarms, and in the morning a sense of pre- sent safety inspired quite different sensations, and the accounts which were received of Jackson's cool, intrepid, and soldierlike behavior fexcited universal admiration." r. ■t^«'■jwfRS£■ A' ■■•■ 4^ If tliis is the truth; if General Jackson was informed, as he must have been by those who were thjought to be interested in prejudicing his mind, that while he was confronting the enemy, and doing his best to save New Orleans from the direful calamity with which it was threatt^ned, his conduct was considered by " some" in the city " as an evidence of his deeming his defeat a probable event ;" and that the old inhabitants had come to the conclusion " that he did not know how to avail himself of the naturally insurmountable obstacles which the cap 1814. )f New V. The in 1811, ed that he main naldson- id march ter; and he taken voc, even I ground- ives, ohil- towarda le minds up from [nation as aseofpre- accounts fcoldierUke nformed, ^ht to "be lie was ave New it was ic'^ in the probable Le to the Hmself the cap- 1814.] • EEFLECTIOJSfS. 437 ital offered to an invading foe ;" if they lamented that the protection of the city " had been confided to an utter stranger to the topography of its environs;" if, while fre- quent explosions,, of musketry and artillery reminded them that their sons were facing warlike soldiers, " they grieved that their commander was an officer who, in the beginning of the year, had hardly met any but an Indian enemy, and whose inexperience ajf^eared demonstrated by the rash step attributed to him," in ordering the burning of the city, is it not to be supposed that, in this convulsive state of terror and distnist, those who thus suffered in mind may have used imprudent expressions, and been betraye^ into the uttering of sentiments liable to misconstructions, which, being reported to General Jackson with the usual exaggerations in such cases, may have produced an impression that explains what he did subsequently, much to the*mortification and* resent- ment of those for whom it was perhaps but too natural that they should not be able to take a dispassionate view of the whole question? We must also bear in mind that an application was made to the officer left in command of the city, at the time when the issue of the battle was doubtful, to ascer- tain what orders the commander-in-chief had given him. That officer very properly refused to reply to such in- quiries. Who took such an extraordinary step ? Could they be others than citizens of note and influenc** ? Were they members of the Legislature, although acting in an unofficial capacity ? Judge Martin does not say. What could be the object, when the battle was going on, in thus attempting to ferret out the orders left by General Jackson with the commanding officer in the city ? Was it to facilitate those orders ? Was it to obstruct them ? However pa)fcriotic or guiltless the intention was, the act itself was highly injudicious ; it was probably the mere ?# £>' ■J ■ A^.-f''2^if''' " t ■^^2-^.X^ y.'ji wm '■./■■ 483: REFLECTIONS. [1814. i:> consequence of extreme fear. If these facts were report- ed to General Jackson, they certainly must haive pro- duced an unpleasant impression, and njay have revived some of those suspicions which he hadaisfortunatelj en- tertained, and whi'^h see n* i lately to have entirely died away, although he mut. have made a large allowance for the thoughtlessness and imprudence of minds " har-. lowed up by the recollection of the burning of Moscow," by the apprehensions of a worse fate in consequence of a negro insurrection, or by the prospect of a Saragoza conflict from street to street in New Orleans, and of the horrors which might be perpetrated by an infuriated foe. All these circumstances we shall haven^to take into con- sideration, when we shall relate and appreciate, like an honest and truthful historian, an event which has pro- m duced so deep a feeling of resentment that, to the present day, a t^e of anger frequently pervades the pages of g. history when treating of the subject. We shall endeav- ^ or to divest ourself of all passion and to do pober jus- tice to all parties. ■ ^ Well, however, might the citizens of New Orleans on the next morning feel their alarms of the preceding night " gradually dispelled ;" well might, when rose the sun of the 24th, "a sense of safety have inspired them with quite different sensations;" well might "the accounts which they received of Jackson's cool, intrepid and sol- ^ dierlike behavior have excited universal admiration f for the battle of the 23d had saved Louisiana. Jackson had accomplished all that he wanted; he had successfully opposed his raw troops to far-famed veterans, and glo- riously administered to his undisciplined and new-fledged soldiers the baptism of fire. The residt was that they now had confidence in him and in themselves. He had stunned the enemy by giving him a sudden and unex- pected blow which made him reel back. He gained '>'^■"*« ■^ 1814.] BEFLEf nONfe 439 time by it — the time which he needed to fortify, and re- ceive reinforcements. He made the enemy believe that he was stronger than he was, caused him to hesitate, and inspired him with doubts and apprehensions which he did not entertain before. The British now felt that there were no despicable obstacles before them. If General Jackson had wavered, if he had not marched to attack the foe with such well-devised impetuosity, it is not im- probable that at daybreak, on the 24th, the two divis- ions of the British troops, having operated their junction and being five thousand strong, would have marched against New Orleans, which was situated in an oper. plain without the shadow of any fortification. General Ja.-'k- son could at best have brought into the field no more than an equal number of men to those of the British, who, in broad daylight, would at a glance have seen the small number of badly-ai*med militia they had to con- tend with. Most of the militia were unprovided with bayonets, that terrible weapon which the highly disci- plined troops of Great Britain would have used with its usual efficacy. It is not, therefore, too much to say that, according to all human probabilities, the British would have won the day, and the consequences of such a disas- ter can easily be appreciated. Fortunately, General Jackson gave them no such chance. He fought the battle of the 23d under circum- stances whicli |. ^-rmitted him to hope for the victory which he gained. After that victory he acted with con- summate prudence. Aware of the necessity of imme- diately assuming a position where he might throw up intrenchments, at 4 o'clock in the morning, after ha\'ing passed the night on the battle-field, he fell back about two miles nearer to the city, where he determined to remain encamped behind a canal known as the Rodriguez Canal,, and wait there for the arrival of the expected .;i^v;*^;,;,.\W^,'.v..V. . Ht^^^:- W^ -■,.; ,.-f,p. . >^r:-:;i!-,>,?f:-r),. i;.;^ **-wW.,^t'-r xM im UO UNITED AS ONE MAN. [1814. fe 'S'?'' A V''- Kentu^iky militia and other reinforcements. "As the safety of the city, " wrote Jackson to the Secretary of War, " will depend on the fjste of this 'army, it mu.«>t not be incautiously exposed." Governor Claiborne, in the relation* whicli he serit of this affair to Governoi^ Bloimt of TeriiieRsee, rendevc^d fiill justice to the Louisianians and to the patriotic con- cord which existed among all the troops : '' The enemy," he aaid, "suffered considerably, and, but for the drnkness of the night ^diich caused some little confiisior' in our ranks, the afi'^ir would have been deci^sive. Tbe Ter nessee troops {j^oal tlie high expectations which were formed of them. It is impossible for» men to display more patriotism, iiriiinesa in battle, or composure under fatigue and privations. The Louisianians also deserve "ud will receive the highest approbation. We are imited as one man, and a spirit prm-ails which insures our safety." * Claiborne to Qoy. Blount of Nashyille. Dec. 80, 1814. PI CHAPTER X. ' "^ iv r- ■ li SNCi* ,j«*. GOVERNOii Claiborne's administration — blowing up op the CAROLINA — BATTLE OP THE 28tH OP DECEMBER — BATTLES OP THE IST AND 8TH OP JANUARY — DEPEAT AND RETREAT OP THE ENEMY — PUBLIC REJOICINGS IN NEW ORLEANS. , 1814—1816. Ctenebal Jackson, on falling back two miles toward the city, left the Mississippi mounted riflemen, the Feli- ciana dragoons and the Seventh Regiment of the line near Laronde's plantation, in order to watch the enemy's movements. Early on the morning after the battle, the enemy was seen to be drawn up and to have thrown forwftfd strong detachments, as if he had expected a re- newal of the late attack ; but, about eight o'clock, the British, discovering no probability of such an event, broke their line and returned to their encampment, after having taken, however, all the precautions which military foresight suggested. A strong body of British troops were posted behind the principal ditch on Lacoste's plantation, anditheir advanced pickets covered their whole front, extending from the high road near the river to the woods and swamps. In the mean time the American troops were actively engaged in widening and deepening the Rodriguez Canal. The two four-pounders which had already done such good service in the late battle were mounted, in order to command the high road, behind the embankment thrown up ; and the levee which confined the waters cf the river to (441) ,*i4>'p"^'tj^ 11 . ;:;''t'it- ■ ■ w 442 PREim RATIONS OF THE BRITISH. [1814. i t_>, ...»,*,V*\«3()r-, / :..».■,<, ^ »•;•■. . their channel was cut f r the purpose of overflowing the ground in front. A suiH rent quantity of water was let in to render the road impia^jicable for troops,* but un- fortunately this measure proved of very little efficiency, for the jiver suddenly subsided, and the water retired from the inundated road. The enemy, however, showed no disposition to advance, and although Major Hinds, with his cavalry, frequently deplojed in his sight, and although many reconnoitering parties were sent forward and close to his lines, he could not be tempted out of his position. But, apparently inactive, the British were not wasting their time, or enjoying any unseasonable repose; they were landing more troops, artillery, stores and provisions. On the 25th, the commander-in-chief. Sir Edward Packenham, Wellington's brother-in-law, who had ac- quired some military renown, and who, it was said, had been promised an Earl's coronet a,s the future reward of his expected conquest of Louisiana, arrived and took command of tha army of invasion. On the next^day, the 26th, the enemy was employed day and night in erecting a battery near the upper line of Villere's pi" n- tation, for the purpose of firing at the schooner Carolina, which, immediately after the battle of the 23d, had moved to the other side of the river, where she had been joined by the Louisiana. It was evidently of extreme importance for the British to destroy these two vessels, which otherwise, by firing at their left; flank, would so eftectually interfere Avith their operations against Jack- son's lines, and which would be so serious an obstacle, if they deemed it expedient to cross the river; in pre- vision of which event. General Jackson had ordered a great quantity of powder stored on the right bank opposite the city to be put on board of a vessel, with ©:; * Latour's Memoir, p. 118. W- '-:! "»»i 1814.1 COTTING OF THV. LEVEE. 443 a view to its transportation to Baton Rouge in case of necessity. Whilst General Jackson was giving all his attention to the strengthening of his position in front of the enemy, there came an alarming report that some British troops had landed at Chef Menteur. The report was credited at first, because the prairies of that locality were at that time very dry, and some British sailors had been seen and pursued in them by our soldiers. Probably to facilitate their escape, these sailors had set those prairies on fire, and given rise to this report of the landing of the enemy in that dii'ection. Some excitement and some movements of troops were produced by this false alarm, but the truth being soon discovered, all a|>prehensions were dispelled. ' Thinking that the forces 9f General Morgan were no longer necessary at the English Turn, General Jackson ordered him to evacuate that post, to cross the river with his artillery, and to take a position opposite our lines. He also caused the levee to be cut at Jumonville's plan- tation, below the British camp, as naar as possible to it, and within musket-shot of the ad\anced sentries. If the river had continued tp rise, as it promised to do, this operation would have made an island of the enemy's en- campment, because trenchep from the river had been open- ed in its front, as already stated, and the British would have been compelled to resort to their boats, and evacu- ate without being able to attack the American line^. But the river not rising as- expected, this measure had the reverse of the desired result, for instead of introdu- cing a sufficient quantity of water to injure the British, it let in barely the volume of water which was necessarj'^ to fill up the canals and bayous leading to Lake Borgne, and to facilitate the enemy in bringing up his heavy ai-tillery. . \':f »'r ■''■■■■ ^*h ■I ," : ." K .', •'!/■;,;'«», < 1 iU TUE OABOLmA BLOWK UP. [1814. I' I f '■J ■J Captain Heuley, th*^ Commander of the Carolina, liad not suiFered to pass unnoticed the preparations made to destroy his vessel, and had made every effort to move her higher up the river and near General Jackson's camp.^ The wind was adverse, and the current was too rapid t^ propel the ship by warping, although the at- tempt was made. At daylight on the morning of the 27th, the enemy* concentrated on the Carolina the fllre of a battery of five guns, from >\'hich they threw shells and hot-shot. The vessel returned the fire with a long twelve-pounder, which was the only one on board that could reach across the river, the remainder of her bat- tery being light twelve-pound carronades. The wind, being very li^ht, rendered it impossible for her to get under way. The engagement was verj- short, hardly more than fifteen minutes, the British firing with extra- ordinary accuracy. Their second -ehot lodged in the schooner's main-hold, under her cables, c*iid set her on fire. Finding that red-shot were passing through her cabin and store-room, which contained a considerable quantity of powder, that her bulwarks were all knocked down, that the fire was increasing, that the vessel was in a sinking condition, and exj>ecting at every moment that she would blow up, Capialn Henley, a little after sunrise, reluctantly gave orders for the crew to abandon her, which was effected with the loss of one killed and. six wounded. So rapid was the progress of the fire, that every article of clothing belonging to the officers and crew was lost, and the men had hardly got on shore when she blew up, to their extreme mortification. The British, having accomplished this success, now directed their fire against the Louisiana, which it was so import- ant for us to preserve, as she was the only remaining armed vessel on the river, but her preservation was rendered Henley to Commodore Patterson, Dec. 28. I • 1814.] ATTACK OF THE 28tH DEGEMBEB. 445 more difficult from the fact of her having her powder magazine above water. Fortunately her ooramander • succeeded in having her safely towed up beyond the range of the enemy's guns. ^ .^ Notwithstanding our falling back to the Bodnguez Canal, our outposts had still continued to occupy La- rofide's plantation, and every day saw our reconnoitering parties extending as far as the British lines. Major Hinds, with his cavalry, was constantly in the field molesting the enemy, with whose pickets and outposts ^ ours exchanged shots almost without intermission, and the 7th Regiment of the line, which had been thrown forward to support our pickets, lost no opportunity to harass the foe. But in the evening of the 27th, the British camo forward with such a superiority of force, ' that we had to rail baclq| They occupied Bienvenu's and Chalmette's plantations, and, during the night, it was discovered that they were engaged in erecting sev- eral batteries on the bank of the river. There was there- fore ever}' indication of an action for the next day, and our troops prepared for it with martial alacrity. Early in the morning, on the 28tli, the eneimy commenced hos- tilities, as was anticipated, and advanced in serried col- umns on the high road, driving in our advanced posts.*' He was preceded by several pieces of artillery, some of which played on the Louisiana, and the others on our lines^ which had only five pieces in battery. The Louis- iana su^ered the enemy's columns to advance a considier- able distance without attempting to check them, but as soon as they had come as near as ber captain desired, she opened on them a tremendous fire, which was briskly Returned, but their guns were silenced by the combinedt fire of the Louisiana and of our lines, which soon dis- mounted one of the field-pieces they had put in battery . "' * Latooir'B Historical Memoir, p. 110. i i '. '*■'■;•■; ■■•■ ■ I '^- ^'■•^s; •r •» f ■>''.'. ^.tA. ■■■:.^■-)■i^l■ ^. 4^ 9 'iSii' 446 DlATn OF COLONEL HENDERSON. [l»H. on the high road. 8o destructive was the fire of onr artillery from the ship and from our intrenchmenta, that the British columns broke, dispersed, and fell back to )} # Bieni^enu's plantation, \d|ere they took sl&elter under some bladings, after having abandoned the several bat- - teries the}' had established on the bank of the river in the preceding night, and suffered a loss of two to three hun- dred men. The casualties in Jadkson's lines consisted of seven men killed and ten wounded. The Louisiana * had but one man slightly wounded, and shd "^as struck under her bowsprit by a red-shot, but without much damage. The lives^ of the few men wbom we lost would have been saved, if Colonel Henderson, of the Tenilessee Division under OaiToll, had not, in j^uting a manoeu- ' vre, committed an eiTor which proved fatal to himself. He had been ordered by €||p»neral Cfarroll to take ad©*" taohment of two hundred men,^j|ncl with that Ibrce to dislodge some of the light Brlitdsb troops who were ^ posted behind a fence and a ditcb. and whose fire was beginning to be a serious annoyance. His order was to file along the woods, and turn the British by moving t to the left between the woods and the fence ; but instead of moving to the left, h6 moved to the right, leaving the fence between him and the woods. Thus covered by the fence, the enemy opened, on our detachment a well-directed fire, which killed Colonel Hendorsqn and some of his men, forcing the rest to fall back. ^In an afecount given of this affair to the Secretary of War, General Jackson said : '' I lament that I have not the means of carrying on more offensive operations. The Kentucky troops have riot arrived, and my effective ; t force at thifei point does not exceed three thousand. Theirs must be at least double ; both prisoners an^? de- serters agi'ee in the statement that seven thousand landed from their boate " * s^f : i ^■ .t • 1814.] TIIK CONG REV B lUK}KI<:rd. 447 The British pretend U* have intended merely a de- monstration on that day, or a sort of feigned attack, to ^i test our spirit and strength. If such was their intention, they must have been satisfied by their experiment that we were determined to defeira our homes to tip. utmost, i^that our artillery was served with remarkaole skill, promptitude and precision, and that their marching, de- ploying and forming in order of battle, far from eliciting • on our part the slightest evidence of wavering, hesitation or intimidation, broiigbt out the proof that our military organization was excellent, and that they had to expect the most obstinale resistance from the valor, patriotism and ability which defended the avenue to l?ew Orleans. They were also much disappointed as to the v'^flfect of their Congi-eve rockets, which they used largeiy on that day. ^ .They thought that the very, noise which accompanies the cpur^e^of those rockets through the air would strike terro^into the Americans, who had never before seen that kind of ntissile. But .they discovered- that we had very soon grovgii aeicustQped to its harmless explosions, for we were not long in ascertaining that it was more formidable \x^ souad thah in anything else. The fact is that these rockets, although u^d with the utmost profusion, only wounded ten men and blew up two caissons during the whole campaign. * .^General Jackepn d^s not appear to have been of opinion that this ^aiir of the 28th was a mere demon- stration, as^English writers affirm, for in his dispatch of the *29th to the Secretary of War he said : " Emboldened by the blowing up of the Carolina^ the enemy marched his whole, force jie next day up the levee, in the hope of driving, us from^ur position, and, with this view, opened upon us, at ihe distance of about half aniile, his bombs and rockets* He was repulsed, however, with considerable loss. Commodore Patterson, in his dispatch % *• ■ ■'^'^^' .' - * t, ^ V \^ M 1 ■ ''r,■•■■••^ V.JI '■ ;, , ••.,;-*'^/' ' .:•)?■ */^.;: ■mm t» ■i -^ •' B q ^^^^v w |i ^si if ^M>^' Pi ^^,^' ji ^M^^' ;| ^^S" 1 m 1 K 448 AETILLERT DUEL. [18M. to the Secretary of the Navj^, endorses General Jackson'a opinion, for his words are : " The enemy drew up his whole force, evidently with an intention of assaulting General Jackson's lines, under cover of his heavy cannon ; but his, cannonading l)eih§ so warmly returned from the lines aiid ship Louisiana, caused him, I presume, to abandon his project, as he retired without making the attempt." He added that, ** although the crew of It e Louisiana was composed of men of all nations (English excepted), taken from the streets of New Orleans not a fortnight before the battle, yet he had never known guns better served, or a more animated fire than was support- ed from her." But whatever it was, a feint, a demonstra- I tion, or an intended attack which had miscarried, the ' affair of the 28th turned out 4)0 be a mere artillery auel, which lasted seven hours, and which terminated glorious- ^|y for the Americans. ^ # , It was on this day, the 28th of December, toward noon, that membei's of the Legislature were prevented by an armed force from meeting as usual in ^ the State House in the city, and although that interference was but momentary, and the result of error and niisconstruc- tion, it nevertheless produced the deepest sensation, and an • excitement which, for a long time, it was found im- possible to allay, whenever this event became a subject of discussion, or even reference. We shall postpone its consideration, in order not to interrupt the thread of military operations. Encouraged by the results of the fire kept up by the Louisiana, on the 28th, against the flank of the enemy. Commodore Patterson, during the night of the 29th, had brought down from the New Orleans Navy Yard, and mounted in silence a twenty-four-pounder on the right bank of the river, in a position where it could most annoy the enemy when throwing up works on the levee or in Bv » ■"» ilsy^cSP " ' '• •• ■'»',' ■- m. 1814.] EFFECTIVE FIBma FROM THE JiOUISIANA. 449 the fields. On tlie dOth, he opened upon the British with this twenty-four-pounder, which drove them from their works, whilst the ship Louisiana was firing at the same time upon their advanced guard, who retired from the levee, and sheltered thetnselves behind buildings and some epaulments which had been raised lor their I rotection* 3ome other works of defence were erected by us on the light bank of the Mississippi ; among which was the conversion of a brick-kiln, opposite the city, on the verj' margin of the river, into a redoubt, of which Captain Henley, of the late Carolina, took command. A Ibase twenty-five feet wide was dug all around it, and the earth from it was used to form a very steep glacis from the summit of the waU, seiving as a parapet to the brink of the fosse. A palisade extended along its whole length on the inside. This redoubt was furnished with a small powder magaisine, and was mounted with two twenty-four-poundera. Its battery commanded at once the high road and the river.* Back of Jackson's lines on the Rodriguez Canal, there was another canal on the Piernas plantation, which com- municated with Bayou Bienvenu. As it was possible for the enemy to ascend this bayou up to the mouth of the <»miU, and by that canal to penetrate to his rear. General Jackson had an advanced post stationed at the spot where the canal empties into the bayou, and ordered the ITirst Begiment of Louisiana Militia, tmder Colonel D^jean, to take a position in the wood on the bank of the canal, with intennediate posts to its connection with Bayou Bienvenu. . Every day, tbe Louisiana dropped down to the station wbich she had occupied during the engagement of the • y, -.If- "t;/'Wl '■-.■^'■•.l,'^^*7:?fe#f.'-'| ,>'.i,..',.-»*--r,i'..V.l.',: J * -, ■'■ .IS''. ?K >>;- «■; ^vi- * Latoar's Historical Memoir, p. 12S. 29 ^•j: ' r Jt ^f i: 2^'if 450 AMERICANS STBENGTHENING THEIR LINES. [1814. 28th, annoyed the enemy greatly by her fire, and returned every night to a safe position up the river. Every precaution was taken to guard against any at- tempt which the enemy might make to turn our left, which rested on the wood and swawp. Colonel Haynes, Inspector-General, accompanied by intrepid hunters and pioneers, was kept actively engaged in reconnoitering in that direction, and in looking to the safety of our lines. On the 30th, in the morning, some reinforcements came from the Acadian coast, whither Major-Genial Viller6, commanding the First Division of Louisiana Militia, had been sent to forward their arrival. He made his appear- ance at the head of three hundred men, who encamped back of our lines, and he subsequently took the com- mand of the troops stationed on thePiernas Canal. On that day, Major Hinds was sent reconnoitering toward the advanced posts of the enemy. He performed that duty with much intrepidity, and returned with several of his dragoons wounded. In the mean time, we were strengthening our lines with the utmost expedition, and a patriotic rivalry prevailed among the several corps as to which of them would make the greatest show of work done, and done skillfully and efficiently, althoi^h they were composed of men very few of whom were used to manual labor. Our batteries were increasing rapidly on the left, right and centre, and the centre batteries particularly, which were of heavy metal, galled the enemy without discontinuanoe. It being discovered that he was throwing up a redoubt toward the woods^ a thirty two-pounder commanded by lieutenant. Grawlegr, ajid a twenty-four-pounder under Captain I^ominique, one of the Baratarians, were directed against it with splendid effect. Notwithstanding the great distance, wmtof the balls struck the parapet, demolishing the works and killing many men. Meanwhile, the marine batteiy * ;■ vi''V'' 18U.]: BBinSH BLACK TBOOPS. 451 established by Commodore Patterson on the right side of the river was playing with efficacy on the camp and outposts of the enemy. To meet our galling fire, the British attempted, without much success, mi innovation in the art of war, which was the erection on the levee of a battery with hogsheads of sugar, in front of Biea- venu's house. It was evident, besides, that they were engaged in many other preparations, and deserters re- ported that considerable reinforcements were expected shortly, and that heavy artillerj^ was on the way to bfttter down our breastworks. From all accounts* it appears that, at that time, the British troops of the line amounted to between nine and ten thousand men. Their hospitals were established in the buildings of Jumonville's plantation, where some black troops which thej'^ had, and which like all black troops proved of no account, were stationed ; the head- quarters of the Commander-in-Chief were in General Vil- lei'^'s house. All the horses of the neighboring planta- tions had been swept into the British camp, and the best appropriated to the use of the officers of the staff. The rest served to mount a squadron of dragoou , or draw the artillery. The British extended their reconnoitering parties down the river as iar as Philippon's plantation, where they established a post of black troops, which re- mained there in a kind of frozen torpidity until the final evacuation of the country. It follows, of course, that all the cattle of the planters within the reach of the beef- lo\ang and beef'-eating Englishmen were entirely de- stroyed. These predatory excursions of the enemy were pushed with lamentable effect as far a« the English Turn, and the farthest end of that section of the country known under the appellation of Terre aux Boeufs, '* land of oxen," in the present parish of St. Bernard. * Latoar's Memoir, p. 130. ii ■ ■ c ■ * * • V " ■ ■ J : ,'; - ^ ■: ■ / '■l^■• ■ ' •■.' '■■'■ i ' -■■ • • *'••#■• 'i si '■■"*. '- w. ' .1 >a.;':. ■ '--Ad''" ( t 452 THE EIFLE AND THE DISTT SHIRTS. [18U. ■ *■ If,';,,' ..';;y;.,4' r.'Vi . '■ .. ' ' tl* . S ^ .' ' 'i***.'' I'll '•■• W t ' \ l-^''^;'' ■ '/'^W-''-S- ^ ■►■ .• |-%«'*(" I '. .;;■ V' • -t' ■ '■ ■■'^ ]%'•■ ■■' r*' *.::'-; .^*i'.'r --■.•■ 11;-"' •.;■'*''"'■• < •■■ >•■"■' • li* A '■•..■ V,.. ' . •'; 5\V.. ' ■ *t'» .' 'a .. I Hr9-:.v' ■■.,:,,,■*■•■ , ■;• •'"''0--. S' ' '■ ° ■' As there was a strong apprehension of an attempt on the part of the enemy to turn our lines on the left, great efforts were made to prolong them as rapidly as possible into the wood, to the most impassable part of the swamp ; but fortunately the enetoy seei s to have entertained a kind of salutary terror of that very wood and swamp, and had for it a very good reason. He apprehended that every tree, bush, or other place of concealment might hide from his view the unerring Tennesseean rifle, which already had scattered death and dismay among the Brit- ish sentinels and advanced posts. Even while confining himself to open fields, he had experienced that it was with much difficulty that he could keep sentries at some distance from his camp, without exposing them to certain death from the unsparing Tennesseean bullet, which never missed its aim. The dress of those riflemen consisted chief- ly of a kind of brown homespun cunic, which the Briiish called in derision a " dirty shirt," and the xr of which prevented the wearer from being distil ,uished from the bashes and tall dry grass through which he crept like a snake, now in ditches, now behind ^^iices, toward the British outposts. The Tennesseean? vere fond of indulg- ing in these expeditions, which they called " hunting parties," and it is related that one of them, on such an occasion, made himself famous by killing successively three sentinels who had been posted one after the other at the same spot, carrying away, every time, the arms and accoutrements of these unfortunate victims, as proofs of his exploits. The British at last gave up the idea of keeping a sentinel at that fatal spot. By such daily oc- currences in the open fields they were admonished not to hazard themselves into the woods and swamps, on the skirts of which they never even ventured to po*!t a single picket throughout the whole campaign ; such was the dread which they entertained of the ** dirty shirts !" 1814.] OUE MODE OF WARFARE. 453 They bitterly complained of this mode of warfare as being contrary to the usages of civilized nations, and as no better than assassination ; but we shall reply to this accusation in the words of one of theii* most distinguished historians, who thinks that, in a war of invasion, when every man among the invaded is a soldier, and a soldier fighting for his nearest interests, when his own trees have been cut down, his own com has been burnt, his own house has been pillaged, his own relations have been killed, he cannot entertain toward the enemies of his cou ntry the same feelings with one who has suflfered noth- ing from them, except perhaps the addition of a small sum to the taxes which he pays.* "In tuch circumstances,*' says Macaulay. ''ruen cannot be gen- erous. Tb=?y have too much at stake. It is when they are, if I may so ex.^reas myself, playing for love, it is when war is a mere game Cit cuess, it is when they are contending for a remote colony, a frontier town, the honors of a flag, a salute, or a title, that they can make fine speeches, and do good oflices to their enemies. The Black Prince waited behind the chair of his captive ; Villars inter- changed repartees with Eugene } George IL sent congratulations to Louis XV., during a war, upon occasion of his escape from the at- tempt of Damlen ; and these things are fine and generous, and very gratifying to the author of the Broad Stone of Honor, and all the other wise men, like him, who think !:hat God made the world only for the use of g ntlemen. But they spring in general from utter heartlessness. No war ought ever to be undertaken hut under circumstances which render all interchange of court- esy between the combatants impossible. It is a bad thing that men should hate each other, but it is far worse that they should contract th6 habit of cutting one another's throat without hatred. War is never lenient but where it is wanton ; when men are com- pelled to fight in self-defence, they must hate and avenge ; this may be bad, but it is human nature, it is the clay as it came from the hand of the potter." The Tennesseeans were the clay as iiu came from the hand ' '«',.' '-.K'*-- : I • • Macaulay'a Essayi, Milfoid'a Greece, vol. 8, p. 873. M R I'.^JHM Kn^***^ ^M ^^^ ''wi ^^ i'^ Mti jiffii a^<^ ' 4^M WKk'i ^£«i Sr^«"' uXg|^ BfSj'^ 1^ m- i;SR W^'i [}'■-■ I. ■;•* -^ ■ •■•■''■ V.» '^^ . '•€;- ■■■,■-'■■■ -i U ■ '■''I ■ ■ ' -■'♦.f '■■■I .-v-.j*- ■ ■ ;■. •■li •■ ^z' , ■ V . Is ■ •■ ■• ■ '\ '■ 454 GAITNONADB ON THE 31bT OF DEOEMBEB. [1814. of the potter. They knew nothing about the code of chivalry and the customary rules of conducting war ac- cording to the artificial standard of European courtesy. They only knew that their country was invaded, and that their sacred duty was to kill the invadw by day or by night, as long as the foe had arms in his hands and did not sue for mercy, whether they shot at him fii'om an ambuscade, from behiud a tree, a bush, or a parapet^ or \ je.her they met him, face to face and hand to hand, in the open field. ITiose untutored, rough-hewn and un- •nuth patriots were right, and may " war to the knife an ^ the knife to the hilt " be forever the motto of every Louisianian whenever his native State shall be invadexl ! The British, however, were industriously preparing to pal an effectual stop to this shooting down of their sen- tinels, by making a bold effort to drive Jackson out of hie intrenchments, and, on the Slst, having succeeded) notwithstanding the fatal eflfects of our batteries, ia com- pleting the redoubt which they had begim on our left near the woods, and which had been demolished once or twice, they opened a fire on our advanced posts which had been skirmishing with their own ; in consequence of which, a spirited cannonade was kept up on both sides for tne greater part of the day. The Louisiana, as usual, joined her fire to that of our lines and again drove the enemy to shelter. We suffered very little from this artillery encounter, w'i ^Ist ,. e inflicted several casualties on the enemy, among which he bad * regret the loss of an officer of engineers, who was rccounoitering aud was killed by our advanced posts. The ycM" was closing with plain indications from the movements of the enemy that he meditated an immedi- ate attack. When night came and when he could labor with comparative security, noises were heard which man- ifested to us that he was working at platforms and 1816.] BATTLE OF THE IST OF JANUABY. 455 moTinting pieces of eannon, and it was subsequently dis- covered that he had, during that night, constructed two batteries behind a ditch on Ohalmotte's plantation, at the distance of about six hundred yards from our lines, and about three hundred yards apart. The one nearer to the river was about three hundred and fifty yards from its bank. On the morning erf the first of Januaiy there was one of those dense fogs which are so common in that season on the banks of the Mississippi, but, at 10 o'clock, when it cleared off, the enemy opened upon us a heavy cannonade proceeding from three batteiiea The one which was mounted on the road near the river, and which played upon our right, consisted of two twelve- pounders ; the next, acting against oiir centre, had eight eighteen-pounders and twenty-four pound carronades; and the last, on our left, eight pieces of cannon and car- ronades — ^in all twenty-eight guns. The missiles which they sent were accompanied with innumerable Congreve rockets. The first discharges of the battery on the road were directed against a house in which it was known that General Jackson had established his headquarters, and where he happened to be at that moment with his stafl:' and other officers. In less than ten minutes, up- ward of one hundred balls, rockets and shells struck the house, and drove everybody out of so dangerous and ex- posed a situation. It is Strang that, notwithstanding this sudden gush of fire and iron which swept over the house in at* instant and surprised its tenants, notwith- standing bricks, splinters of wood and fragments of fur- niture were flying in every direction, not a death, not a wound was iafiicted. Our reply was as fierce as the enemy's attack, altlKHigh we had only ten guns to op- pose bk twenty-eight, and for an hour a hot cannonade was steadily continued on both sides ; at the expiration -■ >4^ " ' ;■«'.; ■ y'i ';i..-.&;:V?' ;1 .lb . *": H , :-■■:?<"• 456 BATTLE OF THE IST OF JANUABY. [181C. if :i:^m ^■•^^.'■> If i;i»-io V -iT^ ;:W ■w."- It« ^' - ■ "i* of that tiine it became perceptible that the enemy's fire was slackeuing. It was, however, still vigorously kept up ; but it was evident that ours was more precise and effective. ''Yet," says the engineer, Major Latour, " every advantage was on the side of the enemy ; his ])atteries presented but a narrow front and very little elevation on a spacious plain, the soil of which was from four to six feet below the level of our platforms ; his gun- ners had for a target a line about one thousand yards long, the top of whose parapet was eight or nine feet higher than his platforms, whilst our guns might be said to have only points to aim at ; and our balls could not rebound on so soft a soil. Our batteries were the prin- cipal object against which the enemy's fire was directed ; but we were no less intent on demolishing his ; for in about an hour's time our balls dismounted several of liis guns, and when the firing ceased, the greater part of his artillery was unfit for service." It must also be kept in luind that his artillery was more than twice ours in number ; it was, besides, well served, aud was not with- out doing some damage by breaking the carriages of a twenty-four and a thirty-two pounder, with the tbretrain of a twelve-pounder, and blowing up two artillery caissons. Some bales of cotton had been used to form the cheeks of the embrasures of our batteries; and, not- withstanding the popular tradition that our breast- works were lined with it, this was the only use which, on that occasion, was made of that great staple of our country. The enemy's balls struck those bales, scattered them in all directions and set tiem on fire. Thtd enemy's object seems to have been, on that day, to silence our artillery, make a breach in our lines and can-y them by storm. His troops were observed to be in readiness, drawn up in sexeral ^Mirallel lines between the batteries, prudently taking shelter in ditches, and '■'■W^ 1815.] BATTLE OF THE IST OF JANUARY. 457 waiting for the favorable momeDt to rush to the contem- plated assault When our cotton bales w^re knocked down in a blaase, when our two caissons with u hundred rounds in them blew up, a certain degree of contusion ensued. The enemy thought that the breach was made, and that the expected moment had come. He suspend- ed his Are at once, and the troops ranged in the ditches, with those at the battferies, gave three load cheers ; but a simultaneous and well-directed discharge from the whole artillery of our lines dampened their enthusiasm, and informed them of the frustration of their hopes. From that moment the animation of the enemy's fire went on decreasing. In the mean time he had sent some platoons of sharp-shooters into the woods to ascertain if our left could be turned, but they were no match for the "hunters" of Coffee's brigade, and Lhey soon fell back with a full conviction that nothing could be done in that direction. At noon his fire had become languid, and at one he abandoned his two batteries on our left and centre. There was but one remaining, that on the road, which, with feeble and expiring effort8,»continued to throw a few balls and rockets until three in the after- noon, when it fell into an ominous silence. Then the British troops were seen retiring slowly and in apparent dejection to their camp. Whilst this artillery engagement was going on with our lines. Commodore Patterson did not drop down the liver as usual with the Louisiana, to fire at the flank of the British. He was now appi-ehensive of coming within range of their shot, having learnt from deserters that a fiimaee of hot-shot was kept in constant readiness at each of their bal^ries to bum her;* and the guns of two marine batteries on shoae being of much greater ef- fect than those of the Louisiana, the crew of the ship was * Patterson to the Secretary of the Nav/, January Sd, 1815, ^' •,*'I-C.-. •■■■!/--■> he deemed her of incalculable value to oover the aimy in case General Jackson should retira from his present line to those which he had thrown up in his rear. With his guns on shore he kept up, however, an intense fire upon the enomy, and although the halls from the British bat- teries went through his breastworks, and the shells fell in great numbers in and about his batteries, he had the good luck not to lose a single man, nor did his fire slacken a moment. Toward the evening the enemy called in all his outposts, 8A he had done after the engagement of the 28th; during the night his batterie; were dismantled, and with much difiiculty and fatigue his guns were re- moved by being dragged through mud and darkness, with the exception of five Trhich had to be abandoned. On the next dny^ early in the movning, several parties of our men vii^it^ d the deserted batteries, and witnessed the damage wliioii had been done by our artillery. They saw peil-mell broken gun-carriages belonging to the navy, shattered carronades, barrels of powder, and a large quantity of cannon-balls and implements of artil- lery. The enemy's loss was estimated to have been heavy; ours was trifling in comparison, for it did not exceed thirty-four in killed and wounded, eleven of the former being persons who were going to or returning from the camp, and who were struck on the high road behind our lines. On the day of this engag^raient, Major-GreneralHiomas, commanding the Second Division of Louisiana Militia, arrived with five hundred men from Baton Rouge. As manj' of our men were destitute of arms, General Jack- son ordered the Mayor of New Orleans to make domicil- iary visits in that city, in order to ascertain what arms were in the possession of individuals. /■'•M^' iiv'-^ 1814.] BRirrSH BED9UBTS. iiSi 459 •4'v- t'Tbe enemy, althouj^h defeated hi his purpose, did not abandon the redoubt which he had erected neai* the woods, with the intentk>n, probably, of guarding against an attack in that direction and protecting his pickets. On the contrary, he went zealously to work to increase its strength. That redoubt ^'u?* of a quadrilateral form ; two embrasures were made on the '1 ri'ont opposite our lines, but forming an angle wi Each of the lateral fronts had likewise an emb i the middle, and that on the back had an open ^ tv\ . ve feet wide, serving as an entrance and covered by a traverse within the fort^ Along the intervals between the embrasures above the ground ran banquettes raised three feet for the musketr}'.* The parapet, which was fourteen feet thick at the base, and nine at the summit, had battle- ments for the musketry on three aspects. A fosse from twelve to fifteen feet wide and three in depth surround- ed this redoubt. Not only did the enemy retain posses- sion of this fortification, but he soon began to erect another smaller redoubt in advance of this one, with an embrasure in each of its angles toward otu* Mnes. The British suffered considerably in constructing these works under the galling fire of our heavy guns which mowed down their men. At last the officer commanding the working parties bravely stood up on the parapet, and as soon as he perceived the fiash of our guns he gave a signal to his men, who put themselves under cover. On the 8d of January, during the night, General Jack- son was informed that the enemy had ascended Bayou Bienvenu as far as the Piemas Oanal, where he was landing^ in considerable force. This, if true, would have been a serious movement in our rear. General Jackson immediatdy dispatched two hundred men of General Coffee's Brigade, with the pithy order to attack the * Latoar'B Memoir, p. 187. 4\l ■ ^ •I - • I'.'r-^ ■ > • ■■\n' IP' ■ 'I V .■•*!, ■ ■-' ■■;■ ^.v it n ■-,-:■ ;V' > • ' 'rif<- '■■' -Ut. •'-•.■;■,' . IMAGE EVALUATION TEST TARGET (MT-3) LO I.I lt&|28 12.5 lis "^ ^^ ui iiii 122 Hi u ■ 2.0 IL25 nyu 11.6 M^l 6" Photographic Sciences Corporalion '^ i\ 33 WKT MAM STNIT WltSTIR,N.Y. M5M (716)173-4903 > ^ > ^ 400 MOVEMENTS OP THE ENEMY. [1814. 'J '*■■(' r-1 .^;-t .1.' •„ :>T ^5 enemy boldly and drive him into the bayou. With great promptitude, these men, although it was raining heavily at the time, and although they sank knee-deep into the mud, pushed on to the point indicated, where they found nothing but a drear}' solitude whose silence was disturbed only by the croaking of frogs. General Jackson, however, thought it prudent to as- certain whether there was any probability that the enemy would penetrate in that direction. In conformity with his orders, a score of active and intrepid woodsmen went down the Piernaa Canal into Bayou Bienvenu as far as its junction with Bayou Mazant, occasionally climbing up trees on their banks to see if they could dis- cover any enemy. When they approached* t^e junction of the two bayo'is they perceived that the British had established at that spot a fortified inclosure, or kind of breastwork, within< which they had built magazines for stores, which were guarded by a strong detachment, and that they kept an advanced sentinel posted in a tree which commanded a view of the whole prairie and of the bayou. 0»e man also discovered five small vessels as- cending Bayou Bienvenu, with sailors looking out fi-om the mast-head. These vessels, it seems, were on a scout- ing expedition, and, as they advanced, parties would come out of them and set on fire the tall prairie grasis, in order to drive away any human being to whom it might offer a place of concealment. These precautions taken by the enemy were looked upon as indications that he was fearAil of an attack in that direction, instead of meditating one against vi» — which would not have been an unfounded apprehension on his part, if we had been better supplied \rith boats and stronger in troops. In that case, we might have surprised his post at the • liatoar'* Memoir, p. 140. :f'4 1814.] ARBIVAL OF THE KENTUCKIANS. 461 month of Viller^'s Canal and endangered his communi- cation with his fleet. On the 4th of Jannajy we were highly elated at the arrival of two thousand two hundred and fifty Kentuek- ians, under the command of Major-General John Thomas and Brigadier-General John Adair, but, unfortunately, only five hundred and fifty of those men were properly armed. " Hardly," wrote Jackson to the Secretary of War, " one-third of the Kentucky troops so long ex- pected have arrived, and the anus they have are not fit for use." It was more apparent than ever that the Fed- eral Government had done nothing for the defence of Louisiana, and that so mnch imbecility, or neglect, was to be remedied by the genius of the Commander-in-Chief and by the patriotism of the invaded State. Both were certainly left, in a great degree, to their own resources. Not only were many of the militiamen totally unpro- vided with arms, but they were also destitute even of clothing, and yet the season was inclement, and the ex- posure and hardships to be incurred were of a nature to try the most robust constitution. The indefatigable Louaillier immediately obtained from the L^islature the appropriation of a sam of money which was put at the disposal of a Committee for their relief, and a consider- able additional sum was procured by private snbsorip- tioUj m?Mng, with the amount voted by the Legislature, more than sixteen thousand dollars, with whieh blankets and^woolens were purchased and distrilmted among the ladies of New Orleans, to be made into «lothe«. Within one Week, twelve hundred blimket doakt^ two hundred Lod seventy-five waisteoats, eleven hundfiad and twenty- seven pairs of pantatoons, eight hundred shirts, four hundred and ten pairs of shoes, mid a great numbw of mattresses, were m^e up, or purchased ready made, and distributed among those of our brethren in arms who f '^ 462 THE WOMEN OP LOUISIANA* «» 11B14. km ■w stood most in need of them. On that occasion, as daring the whole war, the women of Louisiana pre-eminently showed that patriotism and complete devotion which,- on snch emergencies, their sex so frequently exhibited in all ages of the world. An old widow eokd rich inhabitant of Attakapas, named Devins Bienvenu, after sending her four sous to the defence of New Orleans, wrote to Gov- ernor Claiborne that she sincerely regretted having no other sons to offer to her country, but that, if her own services in the duty of taking care of the woimded should be thought usefal, notwithstanding her advanced age she would hasten to New Orleans for that purpose.* No less enthusiastic was aMissSauv^, Ih^i in the bloom of youthful beauty, when she replied to a Britishofiicer, made prisoner, who permitted himself to sneer at the admiration she expressed for the Tennesseeana : ^^ Major, I had rather be the wifef of one oi those hajpdy and coarsely clad, but brave and honest mtoi, who have marched tibtrough a wilderness of two thousand miles to fight for the honor of their coun^^ than wear an English eoroneV^ These anecdotes are relate as mani- festations of feelings which were oommon to all the mothers, wives and daughters of Louisianiaus in r the day of d^ Ty and which, no doubt, have been bequeathed umin; ^ed to their present posteraty^ ^ Thus far the enemy had been completely foiled, and we gaire <'him no repose in the intervak of his attacks. The boom of our artilleiy waa eonstMitly sotutding in his ears, day and nigfa^ and ourbaUs oontinaed'tocftiry destriietion into his lankt. « Wherever^ a gioup of^ four or &\pe^ ^-coats i^owed theinselvefl^tbith^ flew uistiUfi of daatk By this iaoessant'Cftnaonade we gained a doitbhi^itdYfti^)age : iMw.ex^msad our^^umeisy and<«iMk»thie iiPf •41^ ^ LAtour's 'Siem.clif, p. 320. f Alei. Walfcw'B Lift of Oonenl Jaduon,. p. 18B. 1815.] ARBIVAL OF BRITISH REINFOBOEMENTS. 468 same time interpupted the works of the enemy during the day, and his rest at night. His deserters were nu- merous and^bj them we learned that Major-Greneral Lam- bert had anived with an expected reinibrcement of troops, and that a genend attatok would shortly be made. For som<9 days we had also obseiTed that b^ween the fleet and Bayou Bienvenu there ivsoan unusually active communication. We, therefore, prepared to meet the coming confiict, which probably would be the one that would decide the fate of Louisiana. Reinforcements were sent to General Morgan o& the other side «xf the rivw, and, at the conAuence of the PiernasOantilandv Bayou Bienvenu, a post of cavidry was established, to give prompt inftjr&iation of any oocurirence in that direetiom I On the 6th, weleanM»d from prisoners that the enemy was digging out Canal Yiller6 and extending it to the river, in order to get a passage for his boatSi On t^at day, and on the following one, there was more stir and bustle m the British camp than usuaL Canal YiUere Bwanned with soldiers and Bailors, who^ thick as bees, seemed to be dragging boats ',lK>di^ o^ troops were kept in moticm^ exerokding or reviewing; imd oMier prepara- tions were on foot^ whichf eveu to axi unmiHtory eye, announced an appioacMng atcack. To resisit it, what was the condition of omr ]ine% which were drawn within oidy fi-ve miles of New Orleans? ^On theur eidremity near the river, we^had an uniinished xedoubl with two six'pottnders, and a abuAlow fosse withoa<^ waiter in con- sequence of the ML of the river. The Rodri§oez Canal, which btd Mtther the appeasaiiDe of & diAiilin^ diteh than aeaaa^ had; been ^icavated) and the «ast1i -'. l'/.^ik'-»S .Vat. - :t.- ■ ...... •;,.'^-f'v,. fi. ;,? ■■'■■)-';• 464 DESCWPTION OF OrR LIKES. [1816. ^* 5^# ml- kind of glacis. To prevent the earth of the parapet from falling into the canal, it was lined with all the rails of the fences in the neighborhood. These works were done under unfavorable circumstances, by different hands, which were frequently changing in consequence of fre- quent mutations in the disposition of our troops, and during incessant rain. Much regularity and system could not therefore prevail, although there had been much good will to do right, and earnest exertions to accomplish all that could be done. Hence the parapet was in some places thicker and higher than at others, and sometimes twenty teet thick at the top, when it was only five feet high, whilst in other places the base was so narrow that it was easily perforated by the enemy^s balls, although this defect yrjf^^^ a man aff Geiieral Jackson; ^ey were a unit;, llipyjall^ thought) and acti^ as men should, when^jthe^i^jC^ an enemy's camp has been lighted in 30 ■'•v.i;- .■'■ m^'"!:' ■ ...M.;.-:''- ^: '-'':■■■:■:■ \-/ ■ '■:.*'■■ ■■ -'is:.' • ..i ■■ ,.>. .t~.' ' 1; ■ .;^'V^'''^■K:'i'■'': " ■ ■ :■: V-,j:'". ■(: • ■ ..■;> :;•..' .K; • V. ' - ■ ' ■ i-\St-H-y<^ >'•;,'■.•. -rn,i-.' ="■,•;■;■?, -ifJi;",-' t r' ■'■•••.. <-*-i.'i---&ri^r-*' " • -" J- : ■ . .V.> V J!' 1 466 . FULL PEEPABATIONS ON BOTH SIDES. [1816. |'Hv;ji4ii sight of those paternal roofs where throb with anmety the hearts of old men, women and children. Hence it was that our lines, although weak in appearance, were strong in reality. General Jackson was fiolly aware that, on the 6th, the enemy was preparing, as stated before, for a more seri- ous attack than any he had yet made. But against what point was that attack to be directed ) Was it against our lines on the left side of the river, or against General Morgan on the right side ? All doubts van- ished on the evening of the 7th, it having become evi- dent that the enemy had made up his mind to storm our breastworks. "With the aid of telescopes we discovered a number of soldiers making fascines and scaling-ladders ; officers of the staff were riding about, and stopping at the different posts, as if they carried orders ; ^e artillery was in motion ; troops were marching to and fro ; the pickets had been increased and stationed near each other ; at sunset, the enemy's guards were reinforced, probably to cover his movements. When night came sounds wore heard, the import of which it was not difficult to under- stand. Numbers of men were evidently at work in all the batteries ; the strokes of th%ihammer were loud and distinct ; and the reports of our outposts confirmed our conjectures. In our camp there was that composure which generally is the harbinger of victory, and which in our troops was the result of their confidence in their chief and in themselves. Officers and men were ready to spring to action at the first signal, and during the night, from tim^ to time, fresh troops relieved those whiciyiad remained under arms. Our lilies were de- fended by three thousand two hundred men, Gen- eral Jackson having detached fi^>m th^ four thousand he had on h^d eight hundred, to gnai'd our camp, to pro- tect the Piemas Canal, and for other purposes. In front 1815.] BATTLE OF THE 8t1I JANUABY. 467 of this small body of militia, and of a line of defence which would have elicited a smile of contempt from a Eui'opean military man, were drawn up from twelve to fourteen thousand of the best troops of England, sup- ported by a powerful artillery. There eould hardly be a more unequal contest ; but' it was with no other feel- ing than a sort of stern cheerfulness that our troops sur- veyed this disproportion of forces. A little ^before daybreak on the 8th the enemy began moving toward our lines, and our outposts came in without noise, reporting his advance. As soon as there was suf- ficient light for observation, hif* position was clearly ascer- tained, and he was seen to occupy about two-thirds of the space extending betwt)en the wood and the river. Immedi- ately a Congrevo rocket went up from the skirt of the wood. It was the signal for the attack. One of our batteries responded by a shot, and at the same moment the British, giving three cheers, formed into a dose column of about sixty men in front, and advanced in splendid order, but with too slow and measured steps, chiefly upon the bat- tery commanded by Garrigues flaugeac, which consisted of a brass twelve-pounder, and was supported on its left by an in' %nificant battery with a smisdl brass car- ronade, which "ould render but very little service on account of the ill condition of its carriage. These two ^batteries were the nearest to the wood, aiid agahist them the main attack was evidently directed. Flaugeac'^ battery opened upon the advancing column an incessant fh*e, indifferently supported by the smaE canonade on, its left, and more powerfully on its right^ by a long 'brass eighteeh-pound culvorine and a siz-pdi!Uiaer, com- ^^ banded by lieutenants Spotts and Chauveau, and served by gunnerB of the United States altUlery. A shower ol rockeits l>l'eoeded the storming ooltiton, which was pro- vided with fiUK^nes and ladders. Tha^ part of our in- ♦ •T'i'-.ijl,,, • J .-.'■.••■*•■.. >** ; •', ■ "i -a' ! 'V **" • '"';'* )'.•'''■ ■■.' •■■'i'j' ,■■;-,'■■:■■■' fA' '■li ("■ '■';.'''••-''* * 468 BATTLE OF THE StII JANUABT. [1815. rt! trencHments was defended by the Tennesseeans and Kentuckians, who shot at will with such rapidity, that their whole line seemed to be but one sheet of fire. So eflFective were the incessant discharges of the artillery and musketry^ which rolled like uninterrupted peals of thunder, that the British, betbre they had gained much ground, gave signs of confusion. The officers were seen animating their men, and urging them onwfU'd when they wavered. An oblique movement vAd made to avoid the terrible fire of the Flaugeac battery, from which every discharge seemed to tear open the column and sweep away whole filei^ But new men would, each time, rush to fill up those fearful gaps, and the column still advanced steadily and heavily. A few platoons had even succeeded in reaching the edge of the ditch in front of our lines, when the main column of attack, stag* gering under the irresistible fire of our batteries, broke at last after an ineffectual struggle of twenty-five min- utes — some of the men dispersing, and running to take shelter among the bushes on their right, and the rest retiring to a ditch where they had been stationed when first perceived, at a distance of about four hundred yards from OUT lines. There the officers rallied their troops, ordered them to lay aside the heavy knapsack with which they were encumbered, and, being reinforced by troops which had been kept in reserve, led back their battalions to renew the attack. This time, having ex- perienced the nature of the fire which expected them in front, the British advanced more rapidly, without pre- tending tq observe the slow parage, precision and regu- lar! ty whitth had been already so' fatal to them. They came very near our lines, irregularly, with some confu- sion, but with exeufpiary couf age. They met, however, the same o^a^helming hail-storm of grape and bullets from our artillery and musketr}'. Sir £dward Packen- 1S16.] BATTLE OF THE StU JAJnTART. .69 ham, commander-in-chief, lost his life whilst gallantly leading his troops to the assault ; soon after, Majo^Gen- cral Gibbs was carried away from the field, mortally wounded ; then fell Major-General Keane, also severely wounded, with a great number of officers of rank, who had assumed the most dangerous positions to encourage their subordinates. The ground was literally strewed with the dead and wounded. Further to advance seemed to be courting destruction for every man. A feeling of consternation pervaded the ranks, whicfi broke for the second time in the utmost confusion. In vain did the officers throw themselves in the way of the fugitives ; vain were their appeals to the sense of honor and the love of counti^ ; vain were their threats and reproaches ; vain were the blows which they were see^i to give with the flat of their swords ; the men were demoralized ; and all that remained to be done was to lead them back to the ditch from which they had come in an evil hour, and which they could not be prevailed upon to leave for a third attack. In that safe cover they remained drawn up for the rest of the day. Whilst this was occurring on the edge of the wood, a false attack had been made in the wood itself, chiefly by some black troops ; but it was faint and languid, and easily repulsed by Coffee's Brigade. On our right near the river there had also been another false attack, con- ducted with tar more vigor by Colonel Rennie. This column had pushed on so precipitately, and had followed so closely our outposts, that they reached our unfinished redoubt before we could flre more than two discharges. To leap into the ditch, to get through the embrasures into the redoubt, to climb over the parapet, to overpower our men by superior numbers, was«but the affair of an instant. Colonel Rennie, although severely wounded in the leg, attempted next, at the head of his men, to clear ■■ -^ .^-mk" L ' • *"!i VT ■ • ' •■ V.v, 'i<-: ■ .■ ■■■'■ ■■■ :f-r ■ ' V rv: 470 BATTLE OF THE 8tH JANVABT. [181S. '-si.' lev -'■V.I- . -.- ■1. ffs 10 the breastwork of the intrenchmentB in the rear of the redoubt, but now he had to meet the intrepid Orleans Riflemen, under Captain Beale, who had so mnch dis- tinguished themseh'es in the battle of the 28d. Colonel Rennie, however, had the honor to scale those breast- works with two other ofBeers, and already waving his sword, he was shouting : ^* Hurra, boys, the day is ours,^' when he fell back a corpse into the ditch below with his two companions, who shared his noble fate ; and soon after, the redoubt was retaken fix>m their dis- heartened followers. It is fortunate that the two other attacks, particularly the main one, had not been con- ducted with the same impetuosity. During this attack two British batteries had kept up a warm engagement with some of our centre batteries, by which they were at last demolished. As on the 1st of January, the first discharges of the enemy^s artillery had been concentrated upon the house occupied as head- quarters by General Jackson. But ihis time he was not in it, and the only mischief done, at a prodigious ex- pense of balls and shells, was the knocking down of four or five pillars of the house, and the inflicting of a con- tusion on the shoulder of Migor Chotard, Assistant Ad- jutant-General. Commodore Patterson, on the other side of the river, had, simultaneously' with our lines, opened a heavy fire on the enemy from his marine bat- tery, until he was stopped by the landing of the British troops which had been sent to dislodge General Morgan. His fire proved very destructive, *^ as the British columns, in their advance and retreat/ says the Commodore in his report to the Secaretary of ihe Navy, ^ afforded a most advantageous opportunity for the use of grape and can- ister.^ The battle did not last more than one hour. At half-past nin^ it was all over, although the cannonade between the Mteries continued imtil two o'clock. The 1815.] t BATTLE OV THE StH JAXUART. 471 loss of the enemy was eDormous, amounting to near three thousand, which was about one^half of the number of his men supposed to be engaged. This loss will appear still more extraordinary, when it is considered that the eiiemy had encountered only half of our troops, as he was out of the range of the musketr}- of our centre, which was not even threatened during the whole engage- ment. Our loss was incredibly small, not exceeding thirteen. '^ After his retreat, the enemy/* says Major Latour, *' appeared to apprehend that we should make a sortie and attack him in his camp. The soldiers were drawn up in the ditches in several parallel lines, and all those who had been slightly wounded, as soon as their wounds were dressed, were sent to join their corps, in order to make their number of effective men appear the greater, and show a firm countenance." The same author, whose Historical Memoir on the War in West Florida and Louisiana in 1814-15 is so accurate and valuable a narrative, makes in that work the follow- ing critical conunentaries on the battle of the 8th of January : ** I deem it my indispensable daty to do jnstioe to the intrepid bravery displayed in thait attack by the British troops, especially by the officers. If anything was wanted toward the attack's being conducted with judgment (speaking in a general and military point of view), it was, in iny opinion, that they did not in the onset sac- rifice the regularity of their movements to promptitude and celer- ity. The oolumn marched on with the ordinary step, animating their courage with bnzias, instead of pushing on with^x«(f bayonets au pas de charge. But it is well known that agility is not the dis- tinctive quality of British troops. Their movement is in general sluggish and ^Uffioult, steady but too precise, or at least more suit- able for a pitched battle, or behind intrenchments, than for an as- sault. 'Die Britislvsoldiers showed, on this occasion, that it is not without reason they are said to be deficient in agility. Tho enor- tnous load they had to carry contributed, indeed, not aiittle to the dif- iioulty of their movement. Besides their knapsacks, usually weigh- ing nearly thirty pounds, and their musket too heavy by at least i ..•f-J"'V>4| \X:4-^ ;-?»•?■ • •'■•■>' fell :»■ - • "ll ■ ' 1 ' "■■" .-.t- vii.-r -1 '-/;■: 472 COMMENTS ON THE BATTLE. [1815. ■,v.V^i« Mp^^P ■■•*.■ ■', - # ^ one-third, alitnost all of them had to cany a tawine from nine to ton inches in diameter and four feet loig, made of sugar-canes per- fectly ripe, and consequeatly very heavy, or a ladder from ten to twelve feet long. "The duty of impartiality, incumbent on him who relates mili- tary events, obliges me to observe that the attack made on Jack- son's lines by the British, on the 8th of January, must have been determined on by their Generals, without any consideration of the ground, the weather, or the di^culties to be surmounted, before they could storm lines defended by militia indeed, but by militia whose valor they had already witnessed, with soldiers bending under the weight of their load, when a man, unencumbered and un- opposed, would, that day, have found it difficult to mount our breastwork at leisure and with circumspection, so extremely slip- pery was the soil. Yet those officers had had time and abundant c pportunity to observe the ground on which the troops were to act. Since their arrival on the banks of the Mississippi, they had sufficiently seen the effects of rainy weather, to form a just idea of the difficulty their troops must have experienced in olimbiug up our intrenchments, even had the column been suffered to advance without opposition as far as the ditch. But they were blinded by their pride. The vain presumption of their superiority, and their belief that the raw militia of Kentucky and Tennessee, who now for the first time had issued from their fields, could not stand before the very sight of so numerous a body of regular troops advanc- ing to attack them, made them disregard the admonition of sober reason. Had they at all calculated on the possibility of resistance, they would have adopted a different plan of attack, which, how- ever, I am far from thinking would have been ultimately successful. " It has been reported that divisions prevailed in a council of war, and that Admiral Cochrane combating the opinion of Gener- al Packenham, who, with more judgment, was for makuig the main attack on the right bank, boasted that he would undertake to storm our lines with two thousand sailors armed only with swords and pistols. I know not how far this report may deserve credit, but if the British commander>in-chief was so unmindful of what }^e owed his country, who had committed to his prudence the lives and hon- ors of several thousands of his soldiers, as to yield to the iU-judged and rash advice of the Admiral, his memory witl be loaded with the heavy chai|(e of having sacrificed reason in a moment of ir- ritation, though he atoned with his life for having acted contrary to his own judgment." h:«^' 1816.] >*.■ MARSHAL SOULT's OPIITION. 473 * It may not be uninteresting to know what so compe- tent a judge as MltMn^bal Soult thought of that battle. Major Davezac, who hfld acted on that occasion as a vol- unteer aid to General Jackson, and who, many years afterward, when Jackson was President of the United States, represented our government in Holland, having obtained a fiirlough, went to Paris, where he met Mar- shal Soult, who was then acting as Secretary of War. The old veteran expressed, in relation to the battle ^f the 8th of January^ the keenest desire to obtain such in- formation as might enable him to foim a coiTeot appre- ciation of what he called '' a most unaccountable event;'' Major Davezao hi^pened to have in his posses- sion the mr.ps and other materials which were desired, and which he accompanied with his own explanations. The Marshal's eye was soon riveted to the map, and his iinger running over its suiface rested on the wood. " Sir," said he, " this mode of attack is incomprehensible. The British should have gone through that wood and flanked you.— But that was an impitftstable swamp. — ^You may think ao ; I do not. — ^You do not know the nature of our swamps. — ^I may know more of them than you are aware of; besides, I have learned enough from your own lips to be satisfied that a horse could have gone through that swamp ; and where a horse palsses a man can. Sir, there is no excuse for Greneral Packenham.^' — Davezac maintained the contrary opipion; a discussion ensued; the Marshal grew warm, and at last, shaking his fist^ an- grily exclaimed : *^ Sir, I would have shot that blunderer for the destruction of that $ne army, had he survived and been under my commilnd. The English would have done the sune, if he had returned home. They are not in the habit of forgiving Such things. It i» well for him that he died on the battJe-field.*' Marshal Soult was right as to the nature of the swamp. Sis ^'^:'-,...,i-.*'f*<**-:;:,., . . ■ "- ■^■Mf^- ■ K ..J. ■{> :v^' .>{ ^- .■>'i' 474 MILIIABY OOMMENTABIES. [1815. ■.'2>- n 7."A- :f^: [t was not impaesable, althougli tlie nfles of tbe Ter> seeans raigbt have made it so for ail||r body of troops who might have attempted to penetrate in that direction. Alexander Walk^, who, in his " Life of General Jack- son," has put on record the most minute details concern- ing the invasion of Louisiana by the British, after hav- ing, with indefatigable industry and scrupulous zeal, consulted many of those who had been actors or eye- ^7itDesses on that occasion, says: "The British made another discovery, whicll ingenious and quick-witted peo- ple would have turned to better use. They found the horrible swamp, of which they^ stood in such dread that their outposts would not approach within a hundred yards of its edge, and of which such marvelous stories are related of men who sunk into it and disappeared forever from sight, quite practicable and passable for light troops." This seems, however, not to be admitted by the British ; for G-eneral Lambert, in his report of the 10th of January to Lord BatlTurst, says '^ that the wood had been ma^* impracticable for any body of troops to pass." But if the swamp or wood was ** prac- ticable and passable " for light troops, and we have no doubt of it from the information which we have received from men well acquainted with that locality, Marshal Soult's sagacity stands fully conirmed, and his harsh militar}' comment upon the mode of attack was founded on what he considered an unjustifiable piece of folly, stupidity or temerity. The &ct is, that the British advanced against the American lines with the same splendid, but brainless, fool-hardy temerity which, late- ly in the Crimea, drove them like madmen upon the Russian batteries, to be slaughtered and defeated. " This is magnificent," exclaimed their judicious French allies, when witnessing that Quixotic exhibition, *' but this is not war." The same exclamation might ha^e been ut- 1815.] MILITABY OOMMENTABIES. 475 tered at the sight of the assault of Jackson's lines by tho British, in 1816. The more inexcusable were they from the fact that they had their own time to make their prep- arations for the attack on both sides of the river, an■ '■< /;V ■.;-..«"( ■".■It.. .;; . '.I. • ■ - 'W-^v ■ ''*••' ' , V, ,. ■;'■■■;■ ■.•.' i... ■;( -^i;..:;.,:'.^;' 476 TBIBUTE TO OUB TROOPS. [1816. i ft b Irf*;? '\J ,' J --,;.>.; well-ascertained loss of at least two thousand six hun- dred sustained by the enemy, General Jackson, in the same communication to the Secretary of War, remarked : " Such a disproportion, when we consider thtj number and the kind of troops engaged, must, I know, excite aston- ishment, and may not everywhere be fully credited ; yet I am perfectly satisfied that the account is not exagger- ated on the one part, nor underrated on the othei*." Our troops had acted with intrepidity during the com- bat. When it was over, they manifested commendable dignity and magnanimity. We quote, with pleasure, ou this subject the testimony of Major Latour, who was a foreigner, although in the service of the United States, and who may fairly be supposed to be more impartial than a native could be. He says : " At the time of the preceding attacks, those of the 28th Decem- ber and 1st of January, after oar artillery had silenced that of the , enemy, and forced his troops to retire, repeated huzzas from the ; whole of otir line rent the air; the most lively demonstrations of joy were everywhere exhibited by our soldiers — a presage of the fate of the enemy in a general attack. On the 8th of January, on the contrary, no sooner was the battle over, than the roar of artil- lery and musketry gave place to the most profound silence. Flush- ed with victory, having just repulsed an enemy who had advanced to scatter death in their ranks, our soldiers saw, in the i^umerous corpses that strewed the plain, only the unfortunate victims of war, in the wounded and prisoners, whom they hastened to attend, only suffering and unhappy men, and in their vanquished enemies brave men worthy a better cause. Elated with their success, but overpowered by jihe feelings of a generous sympathy for those mis- erable victims of the ambition of their masters, they disdained to insult the unfortunate by an untimely exultation, and cautiously avoided any expression of joy, lest they should wound thie feelings of those whom the chance of battle had placed in their hands. In the inidBt of the hofror» of war, humanity dwell! with delightful complaoenoy on the recital of sucl^ noble traits; they soothe the heart under the pressure of adversity, and divert the mind from the contemplation of ills which we can neither avoid nor entirely remedy." 1816.] SYMPATHY FOB THE WOUNf>EI>. 477 This chivalrous delicacy was not the only honorable feeling exhibited in our ranks. As soon as the wrecks of the retreating British columns had disappeared, as soon as the fire of our musketry had ceased, and whilst our artillery was still firing at intervals at the enemy's batteries, or at scattered platoons that lingered in the woods, some of our m^n, touched with pity at the sight of so many of the wounded British soldiers who strewed the field, and whose groans of agony and cry for water made so strong an appeal to their humanity, rushed out of our intrenchments to ofPer them all the assistance in their power. In those bleeding bodies, stretched help- less on the ground, they no longer saw enemies, but fel- low-beings in distress, toward whom their hearts melted with compassion. Warm expressions of applause came from our ranks, when we saw our soldiers staggering under the weight of the wounded whom they were en- deavoring to carry on their backs vrithin our lines. At that moment, to our intense indignation, the British troops who were in the ditcb in ft-oht of our lines fired at these generous men, kilHng and wounding some of them. They fd[l, but, regardless of that inexplicable outrage and of the danger to which they were exposed, the rest continued to fulfill their mission of charity. In the evening of the 8th the inhabitants of New Orleans witnessed the arrival of a long train of wounded prisoners, whose number amounted to about four hun- dred. Immediately a lai^e qui^tity of lint and old linen for dressing thmr woulids, of mattresses and pillows and other Articles for their domfort, w6Ke furnished by privaite oontributione^ - AH kinds of i refreshments and every iM»ttii4iiu^ee*'wht^> their situation inquired were liberally prov^ed by the spontaneous action of our citizens, the eolorsd women of Hew Orleans have ac- quired an hon<^able! r«^atatiob fdf the skillful nurses ■'•^5. i>j7t'>Jtifv» .'J •' v= s? . ■<*• '^'^^ .■•; "'"• ,.■• ••-'.''>' ■••..'?• ■ 4' » ■■* V' <'-;.■ ■■' mi-- ■..i* ■• . ' -.-..l' C-j ■ '■> %< 4- ' ;'.V % f. >: ■i ■"■f- .'''• ."^C '4- 478 COLOBlto NUBSE8 OF NEW ORLEANS. [ltfi6. i gmm they supply during those fatal epidemics which have so often desolated that city. On this occasion, several of them tendered their services gratuitously, and deserved the lasting gratitude of the numerous wounded whom they attended with the roost humane disinterestedness. But our triumph was not without its alloy, and we were soon reminded that there is but one step irom ex- ultation to humiliation. In the midst of the pseans sung in his honor, the Roman triumpher was compelled to listen to words of censure, reproach, or admonition, in order that he should not forget his human fragility. Without the apprehension or the recollection of blame, praise would lose its attraction or its value. The one sets off the other, and both have an equally useful mis- sion to perform. We must, therefore, resign ourself with a good grace to the painful necessity of admitting and recording the sad truth, that a shameful panic took place on the right side of the river, when Colonel Thom- « ton attacked General Morgan's lines, almost at the same i time when General Packenham, with the main body of 1 his troops, was assaulting Jackson's intrenchments. We ■i shall console ourself with the reflection that more than 4 once two armies, inured to perils and used to glorious ^ deeds, have been known suddenly to run away from each ' other, as if obeying, by a sort of tacit understandings the i same reciprocal impidse of the most intense and unac- J countable fear. The ancients attributed it to some super- i natural cause — ^to the influence of some god or other. I This excuse, however, we shall not pleach, but we shall V give others whioh may be received in ezitenuation of I what cannot be justified. The Spaniards shiewdly say : ^^^ Such E man was brave on aueh a day," Hiereby admit- iling that on another day, or on anon 1 ,',■*;, ^ ' '-i it;/ !^ ^^ V '^^n ■ R 1 T 'i^S 'w '■'■ ;■» i~-- ' •! r . 'h: •1 ^'1 i ■I'l . 'i . ■ "i •'■.-I K If,' ^^i^' I 1 480 iboNDITION OP MOBOAN's TECu1'3. [1816. ary, to reinforce Morgan. On their arrival they i-eceived unfavorable impresBious from the nature of the means of resistance which were in the course of preparation. In the evening of the 6th, the First Regiment of Militia under Colonel Dejean quitted the position it occupied on the Piemas Canal and crossed the river. Although a detachment of the Sixth Militia Regiment was added to it, the whole force did not exceed one hundied and ten. Those who wore armed were ill«armed, and the rest had no arms at all.* The arrival of these men, in such a condition, could not have the effect of giving much re- lief to the well-founded apprehensions dready enter- tained by the regiment of Zenon Cavelicr. These two skeletons of regiments, when looking at each other's meagre proportions, did not feel much encouraged. Anybody who is acquainted in the slightest degree with the population of Louisiana will not doubt that those men were brave and patriotic, but was it not natural that they should have felt somewJiat despondent,, when brou^t into contact with those who were alreauraged. ree with Ekt those natural Lt^ when [y under jy found or mak- ondered I, and in i^rpphe? Three ^ud had ent the string at thought .lible; Ij^ould Udv proof 1816.] THE KENTUOKIANS DEMORALIZED. 4^1 of a want of common sense in their General. They be- came demoralized. In the evening of the 7th, both General Jackson and , General Morgan were informed that the enemy would cross on the next morning. There was therefore no surprise produced by that movement, as stated in some of the British accounts written by officers who did not know that their intention had been detected by the Americans. On receiving this information, General Jackson ordered five hundred Kentuckians under Colo- nel Davis to join General Morgan. When at four o'clock in the morning they arrived at the place of their destination, after having undergone much fatigue on their niarch, and some vexatious delay on account of the difficulty of procuring suitable means of transporta- tion across the river, they were reduced to one-half. What had become of the other half? Is it possible, as alleged in their favor, that they had remained behind because spent with fatigue and faint from the want of food ? But, oh the '.f holo day of the 7th, they were in a camp full of prov^^dions. How is it possible, therefore, to suppose that they did not receive their usual rations ? This supposition beihg rejected as not probable, and there bemg no proof to the contrary, it remains that they were without feed only from the evening of the 7th to the morning of the 8th. Was that enough to make them "physically faint?" Granting that they marched eight or ten miles in darkness, and on muddy roads, and that the crossing of the river was attended with difficulties, was that enough to justify robust men inured to hardships of all kinds in pretending that they were "spent with fatigue?" Granting that many of them were without arms, was this circums^lbce sufficient to indues them to leave their ranks, without waiting to the last for the arms to which they were entitled, and 81 .•■V-*-'''';V'ii*MI ■Ut^;; ... ■>.-(T«H*' *,l i' ■ WA .,:$■ 4l82 MAYOR ABNAUD'b COMMAND. L1815. without which they could not be expected to meet the enemy ? The inference must be that these men^ for some cause or other which -v^e do not know, were not ani- mated with a proper spirit when they left their camp, ^ and experience has praved that nothing is more conta- gious in armies than moral infirmities. The one*half who continued their march to Morgan's lines .must have arrived there greatly demoralized by the desertion of their companions. They probably were discontented and moody ; it is reported that they looked ragged, jaded, dirty, unsoldierlike, and very much like men dis- posed to nm away on the first favorable opportunity. Unfortunately, and to make matters worse, they were to co-operate chiefiy with troops whose language they did not understand, and with whom they could not sympa- thize. A mutual distrust ensued. It must be admitted that there could hardly be a more heterogeneous crowd than this badly-armed mob, assembled on that occasion under the command of General Morgan. If General Jackson had been there, his strong will might have welded into a compact, solid and harmonious mass these discordant and jarring elements. He woiQd, at least, have inspired a confidence which did not exist, and that would have gone a great way toward insuring success. As if these had not been sufficient causes to produce demoralization. General Morgan continued to order move- ments which increased the distrust of his troops as to his capacit}'. For instance, as soon as the Kentuckians aitived, after the heavy and fatiguing night's march of which they complained so much, he ordered them, in the state of exhaustion and inanition in whidb they pretended to be, to move beyond his lines and join Arnand's com- mand in a%ance. They obeyed, it is said, without muimur, but much doubring, probably, the propriety of such an order. They soon met Amaud's one hundred 1815.] DEFEAT OF GENERAL MORGAN. 488 men, who, not deeming themselves strong enoughl to prevent the British from landing, were hastily retreating. This detachment, and the Kentuckians who numbered about two hundred effective men, were made to draw up in aline between the river and the swamp — the Kentuckians near the river, and the Louisiana Militia on their right, in the direction of the swamp. If these three hundred men had been posted behind the levee, at the spot where the British lauded, they might have been of good service. But what could be the object in thus posting them a short distance in advance of our fortified lines, not as outposts, it seems, but as a presumed effective obstacle in the way of the enemy? As outposts, they were too many, for they constituted half of Morgan's force, and as a resisting body they were too weak. These badly equipped, badly organized, and badly disciplined Diilitia- men could not reasonably be thought capable of coping effectively, in an open field, with the much superior force of veteran regulars who were expected. Why this division of our little army — one-half behind the breastworks, and the other half about a mile in front ? Why expose them to further demoralization by subjecting them to certain defeat, and then trust to the chance of rallying them, when under hot pursuit, buhind our fortifications in their rear ? These thoughts probably occurred to them, and were not of a nature to allay those instinctive appre- hensions which they seem to have entertained before. As to Amaud's men, who had thought themselves unne- cessarily placed in a very perilous position, they did not draw much comfort from the reinforcement which had been sent them. " Surely," they may be presumed to have said to each other, *^if these are the ragamuffins who are to help us in beating the British in an open plain, we had better take care of ourselves.*' "Verily,** probably said the Kentuckians, " if this handful of .y^:M!' f. r«-;-'-v Viil,:; I • .; t I 484 DEFEAT OF GENERAL MORGAN. [181ft. !>•■' m ifc 'W£'- ^ iViglitened Creoles is our only assistn'^^e, we are in a bad way." What was the consequence ? Colonel Thornton, who had landed at the head of* six hundred men, soon made his appearance, accompanied by several gun-boats whicli hugged the bank of the river as they ascended. The enemy attacked briskly our extended line established behind an unfortified canal,, whilst his gun-boats poured grape-shot into our flank. The Kentuckians, although thrown into some confusion, answered with two or three well-directed volleys. Just at this critical moment, when some hesitation or wavering had begun to manifest itself, General Morgan had the unlucky inspiration to order a retreat. The order was communicated in English by one of Morgan's aids : " What is it V said in French one in Amaud's command, who did not understand the lan- guage used. A voice replied : " The General says, * sauve qui pent,' ^^ which may be translated thus: the Devil take the hindmost. Upon this, Amaud's detachment broke and fled to the wood, and the Kentuckians, seeing them- selves abandoned, fell back in much disorder to our breastworks, where they were posted to the right of the Louisiana regiments. Certainly it can be no injustice to the commander-in-chief. General Morgan, to hold him responsible for the manner in which his troops were again stationed, to meet the advancing column of the enemy. Davis^ Kentuckians were placed alongside of that part of the canal which was not fortified, and at such a distance from each other that they looked like a long line of sentinels. Besides, a large space was left unoccupied between them and the Louisiana militia on their left. On the high road, in front of our breastworks, soon appeared the British, advancing rapidly to profit by the * C!olonel Thornton's Official Reprk8, soon it by the bis. 1815.] DEFEAT OF OENEKAL AfOROAN. 485 ud\'antago which they had already obtained. Our artil- iciy played upon them with effect, and our musketry had i»egun to open its fire, when Colonel Tlioniton saw ut one fi;lunce the weakness of our position. lie fell Ijttck, and making an oblique movement to the left, ho sent a column to penetrate through the gap in our cen- tre, and another toward the wood to turn and envelop the sparsely scatter d Kentuokians. At the sight of tliis manoeuvre the Kentuckians broke, and no exer'Ions on the part of their officers and of General Morgan could rally them. *' Confidence had vanished," says Major I^- tour, " and with it all spirit of resistance." Well might confidence have vanished, if it had ever existed, for the most robust faith would not have been proof against the perpetration of such a series of blunders ! Our right was tiu'ned, and between it and our Louisiana militia and artillery, in a few minutes, there was nothing but a broad space left vacant by the flight of the Kentuck- ians. The Louisianians and the artillery continued to fire as long as possible. At last the cannon was spiked, and the First and Second Regiments of Louisiana Militia retreated in tolerable order on the high road. Commo- dore Patterson, finding himself deserted by the foice he had relied upon to protect his marine battery, was com- pelled, " most reluctantly and with inexpressible pain," to abandon it, having only thirty men under his com- mand, including officers. He took time, however, to destroy his ammunition and spike his cannon. In his report to the Secretary of the Navy he is very severe on the Kentuckians. When the attack had begun, he had ordered his guns to be turned in their embrasui'es, and so pointed ;;8 to protect General Morgan's right wing : " Whose lines," says he, " not extending to the swamp, and being weakly manned, I apprehended the enemy's outflanking him on that wing ; which order was promptly executed, under a heavy and V" '^' "--A ' . ' 'I ■' -v.. • ! •: ■■''V<: 486 DEFEAT OF GENERAL MOHGAN. [1816. m :rt- well-directed fire of shot and shells from the enemy on the opposite bank of the rivei*. At this time, the enemy's force had approach- ed General Morgan's lines under the cover of a shower of rockets, and charged in spite of the fire from the twelve-pounder and jfield- pieces mounted on the lines, as before stated ; when, in a few minutes, I had the extreme mortification and chagrin to observe General Morgan's right wing, composed of the Kentucky militia, commanded by Major Davis, abandon their breastwork and flying in a most shameful and dastardly manner, almost without a shot ; which disgraceful example, after firing a few rounds, was soon fol- lowed by the whole of General Morgan's command, notwithstanding every exertion was made by him, his staff and several officers of the city militia, to keep them to their posts. By the great exertions of those officers a short stand was effected on the field, when a dis- charge of rockets from the enemy caused them again to retreat, in such a manner that no efforts could stop them." We deem it an act of justice to correct an error com- mitted by Commodore Patterson, who must have been blinded by his indignation. The Kentuckians were not behind any " breastworks ;" they were, on the contrary, totally unprotected by any kind of fortifications, unless that name be given to the canal behind which they stood. General Jackson in his report to the Secretary of War, dated on the 9th of January, also censures the conduct of the Kentuckians: "What is strange and difficult to account for," he says, " at the very moment when the entire discomfiture of the enemy was looked for with a confidence amounting to certainty, the Kentucky rein- forcements, in whom so much reliance had been placed, ingloriously fled, drawing after them, by their example, the remainder of the forces, and thus yielding to the enemy that most formidable position." Whatever was the guilt of the Kentuckians, it must be admitted that General Jackson was not correct in his statement ** that they occupied a most formidable posi- tion." We have shown that it was anything but that. He must also have been under some extraordinary delusion 1815.] KENTUOKIANS JUSTIFYING THEMSELVES. 487 when Le asserted that the Kentuckians fled at the mo- ment " when the entire discomfiture of the enemy was looked upon with a confidence approaching to certainty." The British on the right side of the river, and in their attack on Morgan's lines, never were, for a moment, threatened with the slightest discomfiture. The State of Kentucky never forgave the charge which General Jackson had thus officially recorded against her sons, and she subsequently never failed to oppose him with the bitterest hostility throughout his political career. In extenuation ,pf that charge, the Kentuckians had replied : " We were ill-armed ; we had been on our feet' for twenty-four hours, during which time we had hardly tasted' food ; the cartridges we had were too large for our pieces ; on our arrival before day, after a hard march of several miles, partly through the mud, with- out being allowed a moment's rest, we were ordered to advance a mile further. Having obeyed without a murmur, we found our- selves within view of the enemy, on whom we fired several volleys, maintaining that position, which was none of the best, until, being outflanked on our right, and cannonaded with grape-shot from the bargeB on our left, we were forced to retreat on Morgan's line, where we were ordered to take a position along a canal, uncovered and extended on a front of three hundred yards, our left separa- ted from the other troops by an unguarded space of ground, and our right covered by a paltry detachment o** sixteen men, stationed two hundred yards from us ; a vast plain, oflfering no manner of shelter, lying in our rear. We were turned on the right and cut off on the left. In so precarious a situation, how could wc avoid giving way ?" This is the manner in which they attempted to ex- plain what General Jackson had said was " strange and difficult to account for." Admitting as true these allegations, and giving to the plea of the Kentuckians in their own defence all the force which they Might have desired, it is impossible to free them altogether from the shame of having fled in jt ■■• ■* • .■'* . wm:^ 488 COLONEL THOENTOn's EXPEDITION. [1816. m ^ ^i:-^: the wildest affriglit, without even attempting anything like an orderly retreat. So extreme was their panic that some of them ran eleven miles without stopping, and mth the most extraordinary speed, to a spot up the river, where they found some means of crossing it. When safely on the other side, at the distance of six miles above New Orleans, they ran pell-mell into the court-yard of the planter whose lands fronted the river, clamdring for food, and vociferating that the American army was annihilated. They still seemed as if they were under the influence of terror, and became composed only after having obtained the food they desired. Considering the feebleness and short duration of our defence, the loss of the enemy was very remarkable. It amounted to one hundred and twenty men killed and wounded — more than one-sixth of his whole force — which shows the extraordinary accuracy of oar Are, and what might have been done under an abler leader than General Morgan. Our loss was one man killed and five wounded. For the expedition intrusted to Colonel Thornton the British had needed boats. Those boats had to be drag- ged through Canal VjpJer6, which had been lately ex- tended to the river with so much labor. It was an op- eration of much difficulty ; some of the boats stuck fast in the muddy bed of the canal, and those which reached the Mississippi were not sufficient to carry the whole force which it was intended to throw on the other side of that river. Hence it was curtailed down to one-third of its original number, and, on account of the delays ex- perienced, it could not proceed until eight hours after the time appointed.* This destroyed the ensemble of the plan of attack. The current was strong, and the diffi- culty of keeping the boats together ^as so great, that * Colonel Thornton's Report, 8th January. 1815.] THOENTON NOT ARBIVING US TIME. 489 Colonel Thornton only reached his destination by day- break instead of the early part of the night as expected, a-nd by the time his troops had disembarked on the right side of the river, he perceived that the attack had begun on the left side. He did not, therefore, arrive in time to prevent oui' batteries from pouring, in the beginning of the battle, a .destructive enfilading fire on the British columns who were advancing against Jackson's lines, and when he became master of Morgan's position, we were completely victorious in the plains of Chalmette. It was the only success obtained by the invaders on the soil of Louisiana. Colonel Thornton claimed to have captured a gi*eat abundance of provisions, a large store of all sorts of ammunition, sixteen pieces of ordnance, and the colors of a regiment. " Our prisoners," about thirty in number, he says in his report, " agree in stating that the force under General Morgan was from fifteen hundred to two thousand men." If the prisoners agreed in such a statement, they agreed in a misrepresentation ; General Morgan's force was not much greater than six hundred men. " This unfortunate rout," wrote Jackson to the Secre- tary of War, " had totally changed the aspect of affairs. The enemy now occupied a position from which they might annoy us without hazard, and by means of which they might have been able to defeat, in a great measure, the effects of our success on this side of the river. It became, therefore, an object of the first consequence to dislodge him as soon as possible." He immediately is- sued this stirring and appropriate address t(Mthe troops stationed on the right bank of the Mississippi: " While by the blessing of Heaven directicg the valor of the troops under my command, one of the most brilliant victories in the annals of the war was obtained by my immediate command, uo words can express the mortification I feel at witnessing the '" :"'-."'f'''''vv :*■:;■ '.. .»;•-,':■ :.■?■'■'*'•.■'•"•'" " '■■ '■>■,'■• .-■'rv •>•■■;< ^ .' :J|. ' ' :■'-'■■ % A A 490 JACKSON TO morgan's DEFEATED COEPS. [1816. tell P i* J- -ISM ■ ^ ^ . 8oene exhibited on the opposite bank. I will spare your feelings and my own by entering into no detail on the subject ; to all who re- flect, it mi|st be a source of eternal regret that a few moments' ex- ertion of that courage you certainly possess, was alone wanting to have rendered your success more complete than that of your fellow- citizens in this camp, by the defeat of the detachment which was rash enough to cross the river to attack you." This passage is in accordance with the impression under which he was, and which we have shown to have been erroneous, when he wrote to the Secretary of War that the Kentuckians had fled at the time that the en- tire discomfiture of the enemy was looked for with a con- fidence amounting to certainty. " To what cause," proceeds the General to ask, " was the aban- donment of your lines owing ? To fear ? No I You are the countrymen, the friends, the brothers of those who have secured to themselves by their courage the gratitude of their country, who have been prodigal of their blood in its defwice, and who are stran- gers to any other fear than that of disgrace. To disaffection to our glorious cause ? No ! my countrymen ; your General does jjistice to the pure sentiments by which you are inspired. How then could brave men, firm in the cause in which they were enrolled, neglect their first duty, and abandon the post committed to their care ?" The answer which the General gives to his own inter- rogatories confirms the view which we took of the causes of that disaster, and which he attributes " to the want of discipline, the want of order, a total disregard to obedience, and a spirit of insubordination, not less de- structive than cowardice itself." Whilst thus upbraiding the troopaa for their want of discipline and order, for their disregard to obedience, and their spirit of insubor- # dination, he could scarcely, in the same breath, comment on the deficiencies of their officers, and particularly on the incapacity exhibited by General Morgan. This would have weakened the effect he intended to produce ; but %' inter- ler, for 1815.] JAOKBON TO MOBGAN's TROOPa. 491 we shall show that he was not unaware of the existence of that evil, although he probably did not think it prop- er to take notice of it in his address. He sternly tells our men, however, that the causes which led to their late disaster must be eradicated, or that he mpst cease to command : " I desire to be distinctly understood," he says, " that every breach of orders, all want of discipline, every inattention to duty will be seriously and promptly punished, in order that the attentive ofScers and good soldiers may not be exposed to the disgrace and danger which the negligence of a few may produce. Soldiers ! you want only the will, in order to emulate the glory of your fel- low-citizens on this bank of the river. You have the same motives for action, the same interest, the same country to protect, and you have an additional interest from past events, to wipe off the stain on your honor, and show what, no doubt, is the fact, that you will not be inferior in the day of trial to any of your countrymen." After having animated them by this powerful appeal to their manhood, he gives them this salutary lesson, which we hope will be forever remembered in our Southern armies : " But remember that, without obe- dience, without order, without discipline, all your efforts are vain, and the brave man, jaattentive to his duty, is worth little more to his country than the coward who deserts her in the hour of danger." This sententious truth, so tersely expressed, and coming from such a source, should be inscribed on the flag of every regiment. '* Pri- vate opinions," he continues, " as to the competency of officers must not be indulged, and still less expressed. It is impossible that the measures of those who command should satisfy aU who are bound to obey, and one of the most dangerous faults in a soldier is a disposition to criticise and blame the orders and characters of his supe- riors." This may be sound doctrine, but how wiU it work in its practical application? Was there ever a -Mmn : *:. ■ *.■•,■<'■■•) '^ ■■>■ ■ mm..- ■ •-VX"'. ^^^^.a• ■x.-l^i y ■■■?'; tf 492 JACKSON TO MORGAN S TROOPS. [1815. u >i: My-'-': y 1 1 body of intelligent soldiers, particularly if they were veterans and had the experience of war, who ever refrained from indulging in having their " private opinion" as to the competency of their officers ? Can it be otherwise ? We think no^. It is impossible for a general at the head of an army not to reveal his capacity or incapacity in a few days. Men in front of danger have a keen instinct. No captain ever could handle an army with credit to himself, without possessing the confidence of that army, and that confidence will ever be the result of " opinion." There had been no " insubordination, no want of order and discipline" in our camp on the left side of the Mississippi General Jackson had had nothing to apprehend on the V attle-field from the criticism of his soldiers. Why ? Be- cause they believed in him, and they believed in him because they had seen him at work, and they had judged the workman accordingly. It is, probably, because every soldier under General Morgan and General Jackson had entertained a " private opinion" as to the competency of his commander, that one army fought gloriously, and the other fled precipitately. The General wound up his address with much military tact, and with a kind of^^tender consideration for the feelings of those for whom it was intended : " Soldiers," he said, " I know that mary of you have done youi* duty, and I trust, in my next address, I shall have no reason to make any exceptions. Officers, I have the fiillest confidence that you will enforce obedience to your commands, and, above all, that by subordination in your diflferent grades, you will set the example of it to your men ; and that, hereafter, the army of the right will yield to none in the essential qualities which characterize good soldiers ; and that they will earn their share of those honors and rewards which their country will prepare for its deliverers.' After having issued this address, General Jackson deemed it expedient to put an able officer at the head of » 1816.] GENERAL HUMBKBT. 493 the defeated troops on the right side of the Mississippi. He ordered Humbert, a PreDch General who had been ex- iled from his country on account of his extreme republican ideas, and who had tendered his services against the in- vaders of Louisiana, to cross the river and recover • the ground which we had lost. "I," said Jackson, "expect you, General, to repulse the enemy, cost what it may." " I will ; you may rely on it," replied Humbert, delighted with an order which suited exactly the well-known temerity of his natural disposition. The occasion was so urgent, and Humbert was in such haste to drive the British into the river, that he neglected or forgot to ask General Jackson for his written authority. On his ar- rival, this led to unpleasant discussions, which produced delay. General Morgan appeared inclined, at first, to receive as sufficient evidence the word of General Humbert, and ready to accept his assistance, if not to serve under him in a subordinate capacity, but finally demurred to it by the advice and on the representations of some of his officers. " General Humbert," they remarked, " may be a very able man, but he is an unnaturalized foreigner. We think that none but an American should command Americans. Are we to admit that we have^no native military talent among us to lead us to \'ictory in the defence of our countiy ? This foreigner claims to have the right to ask of you four hundred men. It is derogatory to our national character, and a personal affront to you. It implies that you are believed to be incapable of repairing the disaster which has lately befallen your arms, and there is a great want of generosity, to say the least of it, ^n not allowing you the opportunity, by striking another blow at the enemy, to regain what you may have lost in military reputation. It is hardly possible that General Jackson intended thus to lacerate your feelings. Such an order should have been in writing. General Humben^ may I ' \r'fy^'!.tt 'Pi'T*' -1 - X- / ,■■ - ■'■■• ■■■, -V-J.': ■>: .■'■ ■ "'r'tJ.'. ■■':?... ■ -'■■:'■'->■' -.; :;.wi.VV,.rf:^i' I ■"; . . 0. .': .r. ' ' • ■•-^.r:r..,. .- . „,.■,- . t *'»: .• ■■- ■ ', . li*i- B: '•fis 'd^.^f'-'. "^^r'-n 494 OENERAL HUMBERT. [iSift. have miscoDstrued his mission." Others were indignant at General Humbert's word being doubted : " General Jackson could not have supposed such a thing, and there- fore had not, in the hurry of the moment, taken time to reduce his order to writing. The mere fact of General Jackson's telling Humbert to demand 400 men was a proof of his being intended as Commander-in-Chief. "Was such a man, who had risen to his grade, step by step, from the lowest ranks, by the valor he had dis- played in so many battles, to be under the command of a raw militia general? The appointment of Humbert was lio doubt intended by General Jackson, not only as a compliment to that distinguished foreigner, who had shown such zeal in our cause, but also as an act of kindly consideration for the feelings of General Morgan, who ought to be proud to serve tinder such a leader. General Morgan might have complained with some reason, if his command had been transferred to some other militia dignitary like himself, of no higher rank and of no greater distinction. General Jackson had probably viewed it in that light, and had therefore shown his usual delicate tact, when sending to General Morgan a veteran known in history as the hero of Castle- bar. To such a man, coming to his assistance. General Morgan should feel that he ought to tender the command, even *f it had not been given by General Jackson. French, English, Spanish, and other troops had more than once been commanded by foreigners. Why should Am^^ricans be more sensitive?" Thus reasoned those who favored G:eneral Humbert. But General Humbert was " displeased and went off," write® Colonel Shaumburgh to Governor Claiborne. There seems, indeed, to have been some cause for confti- sion as to who was to command on that day on the right side of the river, for General Jackson had sent the fol- 1816.J CONHITION OF MOEGAn'b TBOOPS. 495 >'!-^ some lowing note to Claiborne : "Iliave sent you all the re- inforcement that I can spare, or that I have arms for. The enemy on the other side is not more than five hun- dred strong. The^ must be destroyed P^ This reinforce- ment was but feeble in number, and not in a condition to do much service. The men had passed the preceding night under arms, had fought the whole morning, and then marched four miles from Jackson's camp to New Orleans in the rain and shivering from cold. Some had no arms at all, and the arms and ammunition of the rest were wet. In this condition they were to be hurriedly transported on the other side of the ri\rer, and to march ^ur other miles before meeting the enemy. " In fact," says Colonel Shaumburgh, the Governor's aid, " they were not fit for a new combat for that day." The Gov- ernor took it for granted that he was to cross the river and take the command immediately over Morgan. In the mean time he ordered Shaumburgh to pro- ceed to Morgan^s lines, consult with him, and " see what could be done." Shaumburgh found Morgan's command '^ greatly scattered, disheartened and discon- tented." He spoke to several of the men, and, on his reprobating their conduct, they replied : " Give us officers and we will fight better."* General Morgan, on being shown Jackson's characteristic note to Claiborne, in which it was emphatically said, the enemy must he de- stroyedy thought that it could not be executed, and, " in- deed, by the looks of things, I thought so too," observes Shaumburgh. Governor Claiborne arrived, noticed the '' unpleasant situation of the troops," and, after consulting with Morgan and his subordinate officers, came to the same conclusions. Under these circumstances, he deter- mvjied to make a " true statement" to General Jackson on the subject, and recrossed the river for that purpose. ' * Execntiye Jonmal, Shatanbnrgh's communicatioii to Claiborne. ^..♦"'-•■■''■V »«• '1.1 - ■ , "> ■,y(.* .•••■>'• 1- ;'• "•.:'•■■,•:■-'.■;'■ . ■ ,"■-'>■ V ■ ■ - ' - ■ ■ ■ --ki*: ' '■■■.■l'> ,t' .• ■••;•%■ - ■ .;\ „'%V--t: •.•.:-,!.■»' [■» •V.--';'V'-'. r ■.■^'.iv'i -r ■ 'nr::. '' . -v.: •- ,•-•»■ ,^ ^'' 1 ■ ' •' ■ ', -V.'- ' ■ f. ■ ■:% V %:■'' '- .' ■.•< .:.'^«r \"V ' ■ --'i)^ . 1' , ■ '}.'•■ i,-. ' j::-i>:'^' >r, ■ ' .«'■■'■ ■' f?! 496 SUbPENSION OF HOSTILrriES. [1815. ^^i: ■ii Fortunately the British retired, an 1 returned to their camp on the other side, thus saving us from the neces- sity of an attack. Immediately after the retreat of the enemy our troops reoccupied their former position, and went to work with such zeal, that Commodore Patterson, on the 13th of Januaiy, wrote to the Secretary of the Navy : *' Our present situation is now so strong, that there is nothing to apprehend should the enemy make another attempt on this side." On the morning of the 9th, General Jackson granted a suspension of arms to bury the dead, at the request of General Lambert, who had assumed the command of the British army. A touching scene occurred when we d^ii^ livered the bodies of the three officers who had been killed on our breastworks. Colonel Rennie, in particu- lar, must have been an .object of love and admiration to his men ; for those brave soldiers shed tears when tak- ing p(^siftession of his lifeless fonn. Some knelt and kissed his corpse ; they called the dead " father," and showed all the depth of filial grief. Those of our men who witnessed this honorable exhibition of feeling were so moved, that they deplored the dire necessity of the loss they had inflicted on an enemy. When this mourn- ful duty of giving sepulture to the dead had been per- formed, our artillery resumed its fire, and gave no rest to the British camp, into which* the balls of our heavy pieces fell with great accuracy. Commodore Patterson sent to Lake Borgne, through Bayou St. John and the Rigolets, six armed boats, which captured several trans- ports, made a good many prisoners, and annoyed the enemy. On the 15th, several of our most experienced officers thought they saw in the British camp unmistak- able indications of a contemplated retreat, and on that same day their conjectures were confirmed by the report of a deserter. On the 17th, General Lambert proposed ^:A. [1815. their leces- »f the 1, and erson, [)i the ;, that make raated lest of of the we d^ d been )articu- ition to len tak- elt and )r," and >ur men ig were of the monm- 1816.] ATTACK OK FORT JI»flILI/ 497 to draw up a cartel of prisont icli v^as accepted, and on the next day we delivered to the British sixty- three of their prisoners in return for the same number of our men, leaving in our hands an excess of several hundred. The British had intended to send into the Mississippi some armed vesatls, to co-operate with their land forces in the subjugation of Louisi;ina. But this object it was impossible to accomplish without first taking posses- sion of Fort St. Philip, which prohibited theii* entrance into the river. Early on the morning of the 8th, Major Overton, who had the command of the fort, was advised of^^ie appioach of the enemy, and on the 9th there hove in sight two bomb-vessels, one sloop, one brig, and one Hchooner. They anchored two and a quarter miles be- low the fort, and two barges were sent apparently for the purpose of sounding within a mile and a half of the fort. At thin moment our water battery opened upon them, and its well*directed shot caused a precipi- tate retreat Shortly after, the enemy opened their fire from four seapmortars, at a distance whicb was beyond the reach of any of our pieqes, and it continued with lit- tle interruptioB until the 17th. Occasionally our bat- teries replied with great vivacity, particularly when the vessels showed any disposition to change their position, and make a forward movement. On the evening of the 17th, we succeeded in having a heavy mortar in readi- ness, which opened upon them with so much effect, that they evidently became disordered from that moment, and at daylight on the 18th they commenced thei** retreat. Our loss was uncommonly small, althoogli the shot of the enemy had scarcely left ten feet of the fort untouch- ed; it amounted to two killed and seven wounded. "The officers and soldiery" says Major Overton in his report to Commodore Patterson, '^ although nine days 32 ■■■•■/.'••": ■. •' •• .. ,■ '■■, ) • ;•■-' '7'''* if' ■■■■ :^-!^^Xk. ■■ ■ ■ -''y'-'- M 'if" ' ' »•'»■• ' . . / .•*;. -t'" ■'-' -X."? U' wi m ■*::?■ 498 EVACUATION OF THE BBITISU ABMY. [181S. and nights under arms in the different batteriefl, and notwithstanding the consequent fatigue and loss of sleep, have manifested the greatest firmness and the most zeal- ous warmth to be at the enemy." This failure to pass the fort, or to take it, probably contributed to strengthen General Lambert's determination to evacuate. On the morning of the 19th an unusual quietness was observed to prevail in the British camp. Was it evacu- ated ? But how could it be ? There, as before, were the huts standing, the flags streaming to the breeze, the sen- tinels posted as usual. Telescopes were put in requisi- tion, but those who used them differed in their conclu- sions. The majority thought that the enemy wai^till in possession of his camp. The veteran Humbert was consulted. His reply was positive: the enemy had evacuated. " How can you be so certain, General ? " said Jackson. Humbert pointed at a crow which was in a state of unnatural proximity to one of the sentries. Evidoutly there cpuld be no life in those pretended cus- todians of the approaches to the British camp, notwitk- standing their British uniforms and their gUttciing muskets. They were mere images; the hunted and wounded lion had fled during the night. Fearful of some stratagem, General Jackson, in order to ascertain the real state of things, was ordering out a reconnoitering party, when a flag of truce came with a letter from Gen- eral Lambert, informing General Jackson that the British army had evacuated its position on the Mississippi, and had, for the present, relinquished all undertaking against New Orleans and its vicinity. He further recommended to the humanity and generosity of General Jackson some wounded men whom he had been ocnnpelled to leave. There was no attempt made on our part to harass the enemy, " because such was the situation of the ground which he abandoned," said Ja«kson in his dispatch of £■*_ 1815.] RKTREAT OF THE BRITISH. 499 the 19th of January to the Secretary of War, "and that through which he retired, protected by canals, redoubts* and intrenchments on his right, and the river on his left, that I could not, without encountering a risk wLich true policy did not seem to require or authorize, annoy him much on his retreat. We took only eight priaCT^- n 1' dd, ^ Aered •^mu ^ion > ers. General Lambert, in his dispatch of the 28th of Jan- uary to £arl Bathurst, says '' that he effected I retreat without molestation; that all the sick f^f' with the exception of eighty whom ^ ,\f dangerous to remove, with all the field ♦»♦ ili ' n^iion, hospital and other stores of e ' r) which hf I been lauded on a very lar<^ ^tiJe, were all brought away ; and that nothing fell into the hands of the Americans, excepting six iron eighteen-pounders mounted on sea-cairiages, and two carronades.'' We say fourteen instead of eight pieces of artillery, but we admit, as General Lambert avers, " that they were ren- dered perfectly unserviceable." General Lambert further informs his Lordship that only four men were reported absent on the next morning after his retreat; "and these," he adds, " must have been left behind, and must have fallen into the hands of the enemy ; but when it is considered that the troops were in perfect ignorance of the movement until a fixed hour during the night ; that the pickets did not move off till half-past three o'clock in the morning, and that the whole had to retire through the most difficult now-siade road, wet, marshy ground, impassable for a horse, and where, in many places, the men oould only go in single files, and that the absence of men might be accounted for in so many ways, it would be rather a matter of surprise that the number was so few.'^ The General declares in the same communication '' that he has every reason to believe that the treatment • ■■•■*•/> "I t • , •*•'.' v., •• ■ " a' • ■'.' ■'■•■'■' )U . ■, . IN.' ■.'■ '■'■ ■ '■.; -M^^M i, .'f ■*■'','(■%'■ ■ r*. -■ ■'S'^h' ■",.'■■.'.,■'■- '■' :l^ x'ii^'f^ ■■'' . ii ■' 'W 500 JACKSON VISITS THE BBITISH CAMP. [1815. of tlifc prisoners and the wounded by the Americans had been kind and humane." On the day on which the evacuation of the British camp was ascertained, Greneral Jackson wrote to the Secretary of War : " Whether it is the purpose of the enemy to abandon the expedi- tion altogether, or renew his eflforts at some other point, I shall not pretend to decide with positiveness. In my own mind, however, there is very little doubt but his last exertions have been made in this quarter, at any rate for the present season ; and by the next, |f he shall choose to revisit us, I hope we shall be iuUy prepared for him. In this belief I am strengthened, not only by the prodig- ious loss he sustained at the position he has just quitted, but by the failure of his fleet to pass Fort St. Philip." .^^n GloriouS as had been this campaign for the United States, General Jackson thought that it might have been still more glorious, for he added : " I am more and more satisfied in the belief that, had the armu reached us which were destined for us, the whole British army in this quarter would, before this time, have been captured or de- stroyed. We succeeded, however, on that day (8th of January) in getting from the enemy about one thousand t and of arms of various descriptions, my artillery from both sides of the river being constantly employed till the night and the hour of their re- treat in annoying them. It was time to quit a position in which so little rest could be enjoyed." The retreating anny, having reached the bleak and swampy shores of Lake Borgne, remaiiied encamped for several days in that uncomfortable position, and it was not until the 27th that it was entirely removed. In the mean time, General Jackson, accompanied by his staff, had visited the camp lately occupied by the for- midable foe against whom he had preserved Louisiana, and had aissured the wounded whom he found in it that they would promptly receive all the assistance and at- tention which their situation required. It must have [1815. ns liad Britisli to the e expedi- : shall not hovrevev, made in the next, prepared tie prodig- !d, fcut by e United lave been i the arms itish army ared or de- f January) of arms of ,f the river of their re- )n in which 1816.] JACKSON OBDERS A THANKSGrVING. 501. been a proud day for General Jackson, but in his exul- tation, the warrior did not forget Him who is the Great Dispenser of all human triumphs and humiliations, and hastened to pay his debt of gratitude by writing the fol- lowing appropriate letter to the Abb6 Dubourg, who was then at the head of the Catholic Diocese of New Orleans : " Reverend Sir : The signal interposition of Heaven, in giving success to our arms agaipst the enemy who so lately landed on our shores — an enemy as powerful as inveterate in his hatred — while it must excite in every bosom attached to the happy gov- ernment under which wo live emotions of the liveliest gratitude, requires at the same time some external manifestation of those feelings. Permit me, therefore, to entreat that you will cause the service of public thanksgiving to Tm performed in the Cathedral,, in token of the great assistance weTKive received from the Ruler of all events, and axut humble sense of it." On this same day of patriotic rejoicing — ^the day which marked the evacuation of Louisiana by the British — Claiborne, in a communication to the President of the United States, said, with little foresight of the future : " The opponents of the American Union will no longer, 1 hope, think it easy to make an impression on its distant sections, and the friends of our common country may hereafter look with calmness on any attempt which may be made to .sever any of its members from the original stock." |The " American Union" has been dissolved, temporarily at least ; its members have been severed from what the Governor calls the " original stock," but the tempestuous wind which caused the wreck blew from another quarter than the one which was then looked to as the source of danger. Thus the enemy had gone away, crippled but still powerful — ^baffled at one point, it is true, but might not te return at another? General Jackson, to provide ^*f/*.V .if."-;- ■-.- IV' '/'■;> ■••i-f .fVi'^ _-uv ■m'. ^ 1 '¥■ ■ '.' ft' I ^^^ '■■/■,'Vi"- '?■■ ' itir' 502 JACKSON TO HIS AEMT. [1815. against this contingency, took the most active and well- devised measures in strengthening all his defensive posi- tions. He left a regiment of Louisiana Militia on Vil- lere's plantation, a detachment of Kentucky troops on Lacoste's, the 7th Eegiment of regulars in the lines which he had occupied, and returned to New Orleans on the 21st with the rest of his troops, after having sent numer- ous parties to reconnoitre the enemy on the shore of Lake Borgne, in order to be kept advised of his movements. Before breaking his lines, General Jackson had an eloquent address read at the head of each corps, in which he said : " The enemy has retreated, and your General has now leisure to proclaim to the world what he has noticed with admiration and pride — your undaunted courag||your patriotism, and your patience under hardships and fatigues. Natives of different States, acting , together for the first time in this camp, differing in habits and lan- guage, instead of viewing in these circumstances the germ of dis- trust and division, you have made them the source of an honorable emulation, and from the seeds of discord itself have reaped the fruits of an honorable union." Alluding to the alacrity and promptitude with which the troops, from their scattered encampments, had gath- ered to meet the enemy on the 23d of. December, he made use of these expressions : " The gay rapidity of the march, the cheerful countenances of the officers and men, would have induced a belief that some festive entertainment, not the strife of battle, was the object to which they hastened with so much eagerness and hilarity. In the conflict that ensued the same spirit was supported." In this rapid and masterly review of the achievements of the army, the General, coming to the great battle of the 8th of January, observed : " The final effort was made. At the dawn of day the batteries opened, and the columns advanced. Knowing that volunteers from 1816.] THE £ESULTS OBTAINED. 503 Tennessee and the militia from Kentucky were stationed on your left, it was there they directed their attack. Reasoning always from false principles, they expected little opposition from men whose officers even were ngt in uniform, who were ignorant of the rules of war, and who had never been caned into discipline. Fatal mistake ! A fire incessantly kept up, directed with calmness and unerring aim, strewed the field with the bravest officers and men of the column, which slowly advanced according to the most ap- proved rules of European tactics, and was cut down by the untu- tored courage of American militia." In conclusion, lie summed up in these few lines the results obtained, as being incalculably important : " The pride of an arrogant enemy humbled, his forces broken, his leaders killed, his insolent hopes of our disunion frustrated, his ex- pectations of rioting in our spoils and wasting our country changed into ignominious defeat, shameful flight, and a reluctant acknowl- edgment of the humanity and kindness of those whom he had doomed to all the horrors and humiliation of a conquered State. On the other side, unanimity established, disaffection crushed, con- fidencagcestored, your country saved from conquest, your property from pmage, your Wives and daughtgrs from insult and violation, the Union preserved from dismemberment, and perhaps a period put by this decisive stroke to a bloody and savage war. These, my bravo friends, are the consequences of the efforts you have made and the success with which they have been crowned by Heaven." In the general orders which were appended to this address, the Commander in-Ghief publicly noticed the conduct of the different corps which composed thd army, and paid a just and well-merited tribute of praise to the officers and men who had particularly distinguished themselves. In speaking of the Mississippi cavalry, under Hinds, he said : " The daring manner in which they reconnoitered the enemy on his lines excited the admiration of oiie army, and the astonishment of the other." If he had severely reprobated as dastardly )the conduct of the KentucHans on the right side of the river, he warmly commended their behavior on the left. ■ -.*• .4"- ( V --i '..'■ ■■■%^ ■ ■ ■^- : ■ ■ M ' ■ 1 I-:-' . - m 504 COMPLIMENTS TO THE BARATARIANS. [1815. " General Adair," he said, " who, owing to the indispo- sition of General Thomas, brought np the Kentucky militia, has shown that troops will always be valiant when their leaders are so. No ~men ever displayed a more gallant spirit than these under that most valuable officer. His country is under obligation to him." The plain inference from this paragraph is, that if the Ken- tuckians and other troops under General Morgan had shown timidity, it was heca/iise they liad not been under valiant leadei'S. This explains why General Jackson sent General Humbert to supersede General Morgan. He thus noticed the Baratarians — those whom he had so lately called " hellish banditti :" " Captains Dominique and Beluche, lately commanding privateers at Barataria, Avith part of their former crew and many brave citizens of New Orleans, were stationed at batteries Nos. 3 and 4. The General cannot avoid giving his warm approba- tion of the manner in which these gentlemen ha^je uni- formly conducted themselves while under his coinnand, and of the gallantry with which they have redeemed the pledge they gave at i;he opening of the campaign to defend the country. The brothers Lafitte have exhibited the same courage and fidelity ; and the General promises that the Government shall be duly apprised of their conduct." It is impossible to refrain from a smile when obser\^ng in how short a time Gen^nl Jackson had modified his views and expressicus concerning these men. On the 2l8t of September they were ** pirates and hellish banditti;" on the 2l8t of January they were " privateers and gentlemen." It ha6 been related in the course of this History that Governor Claiborne and General Jackson had been very anxious for the adjournment of the Legiillature during the invasion, andi that the Governor had in vain invited both Houses to cease their labors until a more opportune 1815.] GENEEAL JACKSON's REPORT. 505 time. In the following paragraph of an order of the day, Jackson indirectly censures the members who had pre- ferred legislating instead of rushing to arras, when *he enemy was almost at the door of the State House : " The General takes the greatest pleasure in noticing the conduct of General Garrigue de Flaugeac, cor\2?anding one of the brigades of militia of this State, and member of the Senate. His brigade not b^ing in the field, as soon as the invasion was known he repaired to the camp, and oflEered himself as a volunteer for the service of a piece of artillery, which he directed with the skill which was to be expected from an experienced artillery officer. Disdaining the exemption afforded by his seat in the Senate, he oontinueu in this sub- ordinate but honorable station, and by his example as well as his exertion, has rendered essential services to his country. Mr. Se- bastian Hiriart, of the same body, set the same example, served a considerable time in the ranks of the volunteer battalion, and afterward as adjutar i. of the colored troops." In relation to these colored troops, the formation of which had produced some feeling of discontent, he said : *' The two corps ot colored volunteers have not disappointed the hopes that were formed of their courage and perseverance in the performance of theu* duty. Majors Lacoste and Daquin, who commanded them, have deserved well of their country.'' He thus complacently noticed the conduct of two distinguished foreigners : " General Humbert, who offered his services as a volunteer, has continually exposed himself to the greatest dangers with his characteristic braver} , as has also the Mexican field marshal, Don Juan de Anaya, who acted in the same capacity." Of Major Lacarrlere Latour, from whose Historical Memoir on this campaign we have so often quoted, he said : " The Chief Engineer, Major Lacarriere Latour, has been useful to the army by his talents and bravery." With regard to the humiliating event which had occurred on the right bank of the Mississippi, a court of ■ - .'*';»'-t-»-. -7;* m ■;.•••*''.■■■■;% '.((--r V ■■■^' '. ■■<^, > ' ■:i,-!t'-- I' ■:■' ■■■, '<■' ■ 506 EEPORT OF A COURT-MA.KTIAL. [1816. w^-l 7}^ SJ^^ifU-'" ^9@H ^ipjfcix-^ M KP;- ^i i^K^'-'' KvJeS Iw-^w?*''^- n^SH Bsw?'^^*' ■' K^ |KjS*I^^^ H^nn S£^|i'')if'.'Vi ' ' ^^yl Hp^-i^-t.* |JfJW| ^t-ifj^*^' f^^JWH SrH^^^^'^' ' T^'^Rl [WtTW^/lj^^, , , f^j^ ^■f^g!-, ' "^//iqKl iJtfl tfTlf^W ^,.1 ijt^^i; "J^K ^'ir W*** '• m my ^^■ inquiry was subsequently held, and was presided over by Major-General Carroll. Th6 court decided that the con- duct of Colonels Davis, D6jean and Cavelierhad not been "reprehensible;" that the causes of the disaster were to be attributed to the " shameful flight of the command of Major Arnaud" — ^to the retreat of the Kentucky militia, which, considering their position, the deficiency of their arms and other causes, " might be excusable " — and to the panic and confusion introduced in every part of the line, thereby occasioning the retreat and confusion of the Orleans and Louisiana drafted militia. With regard to General Morgan, the court held the following language : " Whilst the court find much to applaud in the zeal and gal- lantry of the officer immediately commanding, they believe that a further reason for the retreat may be found in the manner in which the force was posted on the line, xehich they consider exception- able. The commands of Colonels Dejean, Cavelier and Declouet, composing five hundred men, supported by three pieces of artillery, having in front a strong breastwork, occupying only a space of two hundred yards, whilst the Kentucky militia, only one himdred and seventy men strong, without artillery, occupied more than three hundred yards, covered by a small ditch only." Certainly, General Morgan had no right to complain of the mildness of this censure, the word " exception- able " being as soft an adjective as could be applied to his military dispositions on that day. It is needless to attempt to describe the ovation which attended the return of the victorious army to New Or- leans. It can be more easily imagined. The whole population was in the streets, at the balconies, at the windows, and even on the tops of the houses. There was joy in every breast, joy in every face ; there were such greetings as the heart alone can give ; it was a feast of the soul for those who received, and those who ten- 1815.] RECEPTION OP JACKSON IN NEW 0ELEA.N8. 507 dered, the welcome. The 23d had heeu appointed for the celebration of a SAemn Thanksgiving in the Cathedral, with all ^he gorgeous ceremonies of the Cath- olic Church. All the citizens, whatever their religious creed was, joined their exertions to make that festival as impressive as it was in their power. In front of the Cathedral, in the middle of that square which is now known as Jackson Square, and where the equestrian statue of the hero commemorates his fame and the grati- tude of Louisiana, a triumphal arch was temporarily erected. It was supported by six columns. On the right was a young woman with the attributes of Justice which she represented, and another, on the left, person- ated the Goddess of Liberty. Under the arch two beautiful boys, looking as if they were angels dropped from heaven on the pedestals on which they stood, held, each in his tiny hand, a crown of laurels. F^om the arch to the Church, at proper intervals, were ranged young ladies representing the different States and Territories of the American Union. They were all dressed in white, and covered with transparent veils. A silver star glit- tered on their foreheads. Each one held in her right hand a flag on which was inscribed the name of the State she represented, and in her left a basket of flowers trimmed with blue ribbons. Behind each was, a shield appended to a lance stuck in the ground, and inscribed with the name of a State or Territory. These shields were linked together with verdant festoons, and formed a kind of lane from the triumphal arch to the gray iiowers of the time-honored. Cathedral In the rear on both sides, and extending from the entrance of the Square which faced the river to the Church, was a glittering avenue of bayonets foi-med by the uniform companies of Plauch^'s Battalion, and back of them, in every direction, surged and undulated like a sea of human beings the I •■■■ --.iV'^-1/'' ■ \ '.■•.■-■■ *;■!,• ;•• I ■ ■■■'■' •;• -> .i-ftA ''''■■'■Hi *■. ' *!'•'.' 'n'-- ■ ' y <: ■Ml*;-'-' •'rch he was crown- ed by the two youthful genii who expected him on their pedestals, and was congratulated in an address delivered by the girl who personated the State of Louisiana. Then, as he proceeded to the Church, thj other States and Territories gracefully bowed their heads to h?m. each waving her flag, and sti^ewing his path with flowers. At the door of the Cathedral he met Abb^ Dubourg with all his clerg}'. That venerable personage thus addressed him in terms well suited to the occasion and to the sacred charalKier of the orator : • .AM "General:" " Whilst the State of Louisiaaa, in the joyAil transports of her gratitude, hails you as her deliverer and the asserter of her menaced liberties ; whilst grateM America, so lately wrapped up in anxious suspense on the fate of this important city, the empori- um of the wealth of one-half of her territory, and the true bulwark of her independence, is now re-echoing from shore to shore your splendid achievements, and preparing to inscribe your name on her immortal rolls among those of her Washingtons ; whilst history, poetiy, and the monumental art: :;»iil vie in consigning to the ad- miration of the latest posterity a triumph perhaps unparalleled in their records ; whilst thus raised by universal acclamation to the very pinnacle of fame, and surrounded with ascending clouds of incense, how easy it hiad been for you. General, to forget the Prime Mover of your wonderful success, and to assume to yourself a praise which must essentially return to that exalted source whence every sort of merit is derived I But, better acquranted with l^e nature of true glory, and justly placing the summit of your ambition in approving yourself the worthy instrument of Heaven's merciftil designs, the first impulse of your religious heait was to acknowl- 1815.] ADDRESS OF ABBlfi DUBOURG. 509 edge the signal interposition of Providence ; your first step is a solemn display of your humble sense of His favors. " Still agitated at the remembrance of those dreadful agonies from nthich we have been so miraculously rescued, it is our duty also to acknowledge that the Almighty has truly had the principal hand in our deliverance, and to follow you. General, in attributing to His infinite goodness the homage of our unfeigned gratitude. Let the infatuated votary of A blind chance deride our credulous simplicity ; let the cold-hearted atheist look up for the explanation of such important events to the mere concatenation of human causes ; to us, the whole universe is loud in proclaiming a Supreme Ruler, who, as he holds the hearts of man in hia hands, h'>ld8 also the thread of all contingent occunences. * Whatever be His inter- mediate agents,* says an illustrious prelate, * still on the secret or- ders of His all-ruling providence depend the rise and prosperity, as well as the decline and downfall of empires. From His lofty throne above He moves every scene below, now curbing, now letting loose the passions of men ; now infusing His own wisdom into the lead- ers of nations; now confounding their boasted prudence, and spreading upon their councils a spirit of intoxication, and thus ex- ecuting his uncontrollable judgments on the sons of iben according to the dictates of His own unerring justice.' " To Him, therefore, our most fervent thanks are due for our late unexpected resouC) and it is Him we chiefly intend to praise, when considering you. General, as the man of his right kand^ whom he has taken pains to fit out for the important commission of our defence. We extol that fecundity of genius by which, in circumstances of the most discouraging distress, you created unforeseen resources, raised as it were from tue ground hosts of intrepid warriors, and provided every vulnerable point with ample means of defence. To Him we trace that instinctive superiority of your mind, which alone rallied around you universal confidence, impressed one irresistible move- ment to all the jarring elements of which thii political machine is composed, aroused their slumbering spirits, and diffused through . every rank that noble ardor which glowed m your own bosom. To Him, in fine, we address our aoknowledpriaents for that consum- mate prudence which defeated all the coinbinations of a sagacious enemy, entangled lumin the very snares which he had spread be- fore na, and succeeded in effecting his utter destruction, without hardly exposing the lives of our citizens. Immortal thanks be to HiR Supreme Majesty, for sending us such an instrument of His bountiful designs ! A gift of that value is the best token of the continuance of His protection — ^the most solid encouragement to us - ';■' '*!v' II - ...■> ^k--. >l ■ • • .■'-••iJ?'. *l • '•^^■-■"''f^'.'W .'-'.■ A'V'-.MS'-'il - i,VT''.->,«i ' ',1 ■'■■■ ■^:-v'iM^^'\ -'./..•t.i-. -J "-A ^ ■■■,»'■»' •7. /|'- M Kl ■'■ ;>, >-''' • '.^ ■■»-) i£^V."^' .. '! 510 .TACKSON^S ANSWER TO DUBOURO. [1815. ■■■.•:^^ :■*' U i% «* to 8110 for new favors. Tho first which it emboldens ns humbly to supplicate, as it is the nearer to our throbbing hearts, is that you may lonfr c*^joy, General, the honors of your grateful country, of which yon will permit us to present you a pledge in this wreath of laurel, the prize of victory, the symbol of immortality. The next is a speedy and honorable termination of the bloody contest in which we are engaged. No one has so efficaciously labored as yon. General, for the acceleration of that blissflil period. May wo soon reap that sweetest fruit of yonr splendid and uninterrupted victories 1" In this address a just tribute was paid to the merits of General Jackscm and to the leading traits of his char- acter, which, in a few phrases, were accurately delineated. Having received the wreath of laurel presented by the apostolic hands of the speaker, the General made this modest and felicitous reply : " Reverend Sir, I receive with gratitude and pleasure the sym- bolical crown which piety has prepared. I receive it in the name of the brave men who have so effectually seconded my exertions for the preservation of their country. They well deserve the laur- els which their country will bestow. " For myself, to have been instrumental in tha deliverance of such a country, is the greatest blessing that Heaven could confer. That it has been effected with so little loss — that so few tears should cloud the smiles of our triumph, and not a cypress leaf be interwoven in the wreath which you present, is a source of the most exquisite enjoyment. " I thank you. Reverend Sir, most sincerely, fbr the prayers which you offer up for my happipess. May those yonr patriotism dic- tates for our beloved country be first heard ! and may mine for your individual prosperity, as well as that of the congregation committed td your care, be favorably received! The prosperity, the wealth, the happiness of this city will then be commensurate with the courage and other qualities of its inhabitants.** It is painful to record that, amidst all these rejoicings, there were hearts which still remained deeply idcerated by that ipilitary interference with the Legislature of Louisiana on the 28th of December, which many attrib- ted to General Jackson. CHAPTER XL * GOVERNOR Claiborne's administration — tbeatt of peace be- tween THE UNITED STATES AND GREAT BRITAIN — NEGOTIATIONS WITH THE BRITISH ABOUT THE SURRENDER OF SLAVES — CONFLICT BETWEEN THE LEGISLATURE AND GENERAL JACKSON. iai5. Geotsral Jaoksow, having now established his camp and headquarters at New Orleans, extending to a distance of abont foiu* miles all round, was actively engaged in pro- viding to meet any renewal of the attack lately made, and in strengthening every point where it was possible that the enemy might undertake to penetrate a second time into Louisiana. So effective were his measures, that toward the end of January, the State was in a con- dition to dfify double the force that had at first attacked her.* The British army had finally withdrawn from Louis- iana on the 27th of January, carrying away one hundred ai>d ninety-nine negroes. General Jackson had already taken steps to claim them as private property, and to demand their restoration to their legitimate owners, when, on the Slst, Claiborne addressed him on the sub- ject, and inquired if anything further had been heard from the British commander-in-chief respecting those slaves. " You will excuse my solicitude," he said, " on a subject so immediately interesting to many good citizens of the State, and in whose behalf, in my charac- * Latonr'g Historical Memoir, p. 301 (611) ■ < V' f . ■ 'I! t- y ^ ■t\l' Kit' ■ ,1 ■■ ■■»«'••.■■ ■ 'i- :■■■:.■ Qix^ m ' - ..V . <■ 'W'-' ' 1^^ 512 JACKSON DISPLEASED WITH CLAIBOllNE. [1816. ^ '^[ mm'- :*■! ter afl civil Governor, I would wish to address a letter to the British commander, and to convey it by three dis- tinguished citizens, if you should not already have effect- ed the restoration of their property." This seems to have been looked upon by General Jackson as an officious kind of intermeddling, which excited his displeasure. Was his zeal doubted on the subject ? If not, why not leave it in his hands altogether? Could the remon- strances of an obscure Governor of a feeble State which had just sprung into existence, have more influence over the British authorities than thoge of a victorious General representing the United States, and acting on their be- half? General Jackson did not reply himself, but his Adjutant-General and Aid, R. Butler, writing in the name of the General, informed Claiborne' in a few stiflf \v ords, that Captain Henley had been appointed to re- ceive the slaves who might be delivered, but that from information obtained, although n^t official, '' it appeared that the restoration of those slaves was not to be hoped for." Claiborne laid this correspondence before the Legislature with a special message, and, on the 2d of February, that body adopted " Resolutions'' approving the course pursued by the Governor, and requesting him to take all other steps '^ which, in his wisdom, might be thought expedient to attain the object he had in view." This was evidently an attempt to give more weight to an interference which was already deemed exceptionable. It certainly had no tendency to remove some bad feelings which, for some time past, had produced a coolness be- tween Jackaon and Claiborne. The former had not been remiss, l^owever, in his exertions to obtain the ab- ducted negroes, but they had been without success. General Lambert pretended that the negroes had not been taken a/way ^ but had come of their own accord to the British camp. " I did ^ I could," he said, " to per- *'>. . « uccess. ad not Bord to to per- 1815.] SURBENDER OF FORT BOWYEB. ^V,\ Hiiado them to return at tlie time, but not one was will- ing, as will be testified by Mr. Celeatin, a proprietor whom i had detained until the BritiHh forces had evacu- ated their last position. This gentleman saw the slaven that were present, and did all he could to urge tbea to go back." " On the 12th of February, Lieutenant-Colonel Law- jeuce, who had so bravely and successfully defended Fort Bowyer, at Mobile Point, on a former occasion, in- formed General Jackson that " imperious necessity" had compelled him to enter into ai'ticles of capitulation with Major-General Lambert," feeling confident, he said, " and it being the unanimous opinion of the officers, that we could not retain the post, and that the lives of many valuable officers and soldiers would have been uselessly sacrificed, I thought it most desirable to adopt this plan." General Jackson felt keenly this insignificant discomfiture ; he grudged his adversaries this small suc- cess, and he thought that the resistance of Lawrence had not been sufficient. His mind was so peculiarly consti- tuted, that it never permitted him to entertain the idea of defeat, much less of capitulation and surrender, eiiiher in his military or political career. A surrender could not but strike him as something unnatural and monstrous. It is not, therefore, to be wondered at if he wrote to the Secretary of War : " This is an event which I little expected to happen but after the most gallant resist- ance. That it should have taken place without even a fire from the enemy's batteries is as astonishing as it is mortifying." But General Jackson's mortification made him unjust on this occasion. Fort Bowyer bad been attacked by such overwhelming forces, by land and water, that the surrender followed of course, and there was in it nothing ** unexpected, astoni^ng, or mortify- ing." According to General Lambert's opinion, express- 33 /■■•■■ tr • ■ 4> II •• • s 4 • I ii ; J ■ I ■y '1 *% .f-;. .i ' ,.r ■' :-n . . I. V ■ .':.'':■!.(•: ..:.v: 1 'm K-- ' -M ^^SS^v^ ' »*■ •■■■ M 514 SUEEEHDER OF PORT BOWTEE. [1815. ed to Lord Bathurst, "the fort was formidable only against an assault, and batteries being once established, it was bound to fell speedily," which event took place as soon as the enemy had* succeeded in erecting powerful batteries, on which were mounted sixteen guns, within one hundi'ed yards of our parapets. Major Latour re- lates with professional minuteness all the details of this siege, and concludes with these observations : " From this circumstantial account of the taking of Fort Bowyer, the impartial reader will see that the brave garrison who defended it, being left to their own resources, deprived of all communica- tion, and cut off from all hope of receiving relief, exerted all the means in their power to defend the fort intrusted to them ; never failing ta annoy the enemy, when he came within the range of their guns. What could they do more ? What useful purpose could it have answered to expose themselves to a bombardment in a fort entirdly constructed of timber, so combustible that a single shell falling within the parapet would have sufficed to set the whole fort on fire ? Attacked on the land itfde, what defence could they make against sixteen pieces of artillery, within so short a distance and behind strong intrenchments ? Those pieces in less than half an hour would have battered down the parapet of the fort, which, on that side, was not more than three feet thick above the plat* forms." . L. A court of inquiry held at the request of Lieutenant- Colonel Lawrence, and assembled at New Orleans, ac- quitted him of all blame for the surrender of l^ort Bow- yer. The conduct of Major Overton and his men in Fort St. Philip, when attacked as we have before related, was more in accordance with General Jackson's own temper, and therefore more gra^nng to him. " They nuled their own colors.to tha standard," h^ wrote to the Secr.> tary of War, "andplac^ddthoseof the enemy underneath them, determined never to surrender the post." The coirespondeoce between General Jackson and General Lambert was conducted with the most high-bred «£> ^^- em; never 1815.] ADMEftAi? c6oH^AirE*s co^t^Aiirr. 615 courtesy, and witli feelings which do honor to both ; but the one which took place between 06inmodo*re Patterson and Admiral Cochrane seems to have been rather of a rugged nature. On the 12th 6f February, Admiral Cochrane complained to General Jackson of the style adopted by Commodore Patterson, and said that he would hold no further correspondence with that officer in relation to the exchange of prisoners. General Jack- son replied : " The Naval and Military Departments in our service being totally independent, I am not permit- ted to defend, still less to censure, the conduct or corre- spondence of the offlder at the head of the former. His distinguished merit and general correctness of conduct make it presumable that he will be able to justify his proceedings to the Government, to whom alone he is ac- countable.'' On the 13th, Admiral Cochrane wrote to General Jackson : " I have exceeding satisfaction in send- ing to you a copy of a bulletin that I have this moment received from Jiunaica, proclaiming that a treaty of peace was signed between our respective Plenipotentiaries at Ghent, on the 24th of December, 1814, upon which I beg leave to offer you my sincere congratulations." On ^i,: : '■%.'*■ . ■'-•* >. A' k'' •■ ..-It, • '^' ■•',ir; 516 GENERAL KEANE'S 8W0ED. [1816. m. receive such as were willing to return to their masters, having reported to me that he fouT)*! several who were ready to accompany him, but that Le was not permitted to take them, I am now obliged, Sir, explicitly to ask whether the property thus taken is intended to be restor- ed, and if it be, that a time and place may be appointed for its delivery." He farther inquired of Admiral Coch- rane how far he considered the news of peace, communi- cated by him^ authorized and required a cessation of hos- tilities between the military and naval forces of Great Britain and those of the United States in the district in which they had been lately carried on with such activity. Whilst the hopes of peace were thus entertained by both parties, a chivalrous incident took place, which is not unworthy of being recorded. Majc 'General Keane, who had been severely wounded on t^ t of January, had lost his sword on the battle-fielu. It was in the possession of General Jackson, who, on such a desire be- ing expressed by General Keane, sent it back through his Aid, Colonel Livingston, with courteous inquiries after the health of his defeated enemy. The British General acknowledged the compliment in these words : " Major- General Keane presents his best respects to General Jackson, and feels particularly thankfid for the kindness he has experienced from him through the medium of Colo- nel Livingston. He is still iurther obliged for General Jackson's kind wishes for his recovery.'' Jackson ren- dered an account of this incident to the Secretary of Wai* in these simple and noble words : " M^or-General Keane having lost his sword in the action of the 8th of Janu- ary, andTiaving expressed a great desire to regain it, vsduing it as the present of an esteemed friend, I thought proper to l^ve it restored to him ; thinking it more hon- orable to the American character to return it, after the expression of those wishes, than to retain it as a trophy 1815.] ABDUCTED TTEGBOES CLAIMED* 517 of victory. I believe, however, it is a singular instance of a British General soliciting the restoration of his sword fairly lost in battle." He further stated that some entire Congreve rockets had been found, which, with a rest from which they are fired, would be sent to the seat of Government, together with the instruments of the British band of music and their quarter-flag. "General Keane's trumpet," he wrote, "as well as that which was used on the right column of the enemy, were taken in the action of the 8th January. These instruments are in the possession of General Coffee's Brigade, where I hope they will be permitted to remain." General Jackson continued to press upon General Lambert the question of the restoration of the negroes to their masters ; and the magnanimous courtesy which he had lately shown to Major-General Keane ought to have disposed the British authorities to be accommodat- ing at least in thfeir transactions with him. To these continued solicitations General Lambert replied on the 27th of February, from Dauphine Island : " With regard to the negroes that have left their masters and are with this force, any proprietor, or person deputed, that chooses to present himself to ine will b§ received, and every facility afforded him to communicate with those people, and I shall be very happy if they can be persuaded all to return, but to compel them is what I cannot do." It is worthy of remark that, in 1815, the Commander-in- Chief of a British army was not afraid to say in an official document, that he wStt»[. (I •>5. . » -r-X'/'Vi.-. F. ,-.' fr.-. '1 ' ■* ■:\t^^. ■-■"::v-'y^;^. ■If.;; » iM Eli' ■ ■ 518 BRITIBH INFATUATION. f 'f.:^ ¥:. [1815. about the blessings of liberty for the poor ii^ured sons of Africa. In the same communication General Lambert gives a singular proof of the infatuation which had possessed the minds of the invaders as to the disposition of the Creoles toward them. . With bull-dog t'^nacity they seem to have clung to the last to the idea, that what they considered as the French element of the population of Louisiana was still inclined to hail theim as friends, rot- withstanding the manifest demonstration to tha contrary given on the battle-field and in every other possible way. It appears that Major-Generai Yiller6 had written to General Lambert, after the retreat of the British army, to claim payment for a considerable number of cattle which had been swept from his plantation. General Lambert appears to have been astonished at this call for fall indemnity, and at what he considered the unfriendly tone of the communication, as if ^he could have expected anything else. He forwarded it to General Jackson with these remarks : " I should have been glad to have known the Major-G Mineral's sentiments previous, as T cer- tainly should not have troubled my.:jlf about his con- cerns, or endeavorod to render as little painftd as I was able, not living in hjs house, the unavoidable circum- stances attending the immediate theatre of war toward his son, whom he had left unprotected. * On the 6th of March, General Jackson informed Gen- eral Lambert of his having just received intelligence from Washington, which left little doubt in his mind that the treaty signed at Ghent between the United States aid Great Britain had been ratified by the Presi- t In that passage General Lambert allades to General VUlerfi's youngest son who had remained in the hands of the British, when his brother, Migor Viller* "^Tl ♦I - >-. \-p.- :*.■:.:■;■ '..•.*."/••* ■■»■*' *> . .\«' >r:>^: ■■■■;{<; • '!■;. •■ .' 520 ABDUCTED SLAVES CLAIMED. [1815. p.- ^ t ^ '■«■".■ M »■■••" ityH' .... ,■: fi*j t ^MHi^-' the British commander, belonging to any inhabitant or citizen of the United States, to the end "that their owners might again obtain possession of them." On the 18th, General Lambert informed General Jackson that he and Admiral Malcolm had issued orders for the cessation of hostilities, and for all detached posts and shipfe to be withdrawn in their respective command-. He added that Fort Bowyer would be restored in every respect as when it fell into his hands, with the exception only of a brass mortar, cast in George the Second's reign, which had been sent away the day after the surrerdei*. With regard to his construction of the treaty in relation to the restoration of property, he said, with bad logic and equally bad phraseology : " In the fulfilling the first article of the treaty, I cannot consider the meaning of ' not causing any destruction, or carrying away ai.^ 0.1 cll lery, or other public property, originally captured in the said forts or places, and tchich shall remain therein upon the exchange of the ratifi- cation of this treaty, or any slave, or otEer property,' as having refer- ence to any antecedent period to the ISth of February, the day of the exchange of ratifications ; because it is only from that time that the article could be fulfilled in a long war. If those negroes (the mat- ter now in question) belonged to the territory ^ or city, we were ac- tually in occupation of^ I should conceive we had no right to take them away ; but by their coming away, they are virtually the same as deserters, or property taken away at any time of the war. I am obliged to say so much in justification of the right ; but I have from the first done all I could to prevent, and subsequently, togeth- er with Admir.al Malcolm, have given every facility, and used every persuasion that they should return to their masters, and many have done so ; but I could not reconcile it to myself to abandon any, who, from false reasoning perhaps, joined us during the period of hostilities, and have thus acted in violation of the laws of their country, and, besides, become obnoxious to their masters. Had it been an object to take the negroes away, they couFd have been em- barked in the first instance ; but they have been permitted to remain in the hope that they might return." On the next day, the 19th of March, General Lambert, '^^ 1816.] ABDUCTED SLAVES CLAIMED. 521 in another communication written from Dauphine Island, said to General Jackson : " The preparations for a long voyage may detain the troops here a few days longer, but no exertion will be wanting to embark the whole as soon as possible." He concluded his letter with such expressions of high-toned courtesy as it is pleasant to see exchanged between men who had lately met as foes on the battle-field. " As I mi>y not have another oppor- tunity of addressing you," said Lambert to Jackson, " permit me to avail myself of fchu present to wish you health and happiness, and to express my regret that cir- cumstances will not allow me to ask^re you personally of the same." Major Woodruff had been appointed by General Jack- son to receive the negroes to be delivered by the British under the treaty of peace. But, on the 20th, all hope that the treaty would be executed on that point was put at an end by the following note addressed by General Lambert to that gentleman : " I answer to that part of your letter which touches r-pon the negroes who have come into the British force previous to the ratification of the peace, that is, on the 18th of February last, that I do not feel myself authorized to deliver them up under the treaty, without their consent." On the 23d, Major Wood- raff communicated to General Jackson the strange inter- pretation put on the treaty by General Lambert : " He informed me," said Woodruff, " that he would be prepared ^0 execute, on the part of his Government, every article of said treaty, except that part relating to slaves, as it was totally incompatible with the spirit and constitution of his Governmen,t to recognize sla/very at all; that he would use his influence in persuading them to return to their masters, by every argument in his power ; but that he would not use force in compelling their obedience, or permit it to be used within the British lines." ar?-".'fj ' ■:>^:^r^v.:i^^\ ':■■*■ ■''■"■'. • ■■■. n :*._., ^^'' 522 ABDUCTED SLAVES CLAIMED. [1816. Governor Claiborne, who, thus far, had delayed acting in conformity with the "Resolutions" passed by the Legislature on the 2d of February, approving his inten- tion to intervene in the negotiation carried on in relation to the slaves between Jackson and Lambert, and who, on reflection, had probably seen the propriety of waiting until it was concluded, now determined, on the 25th of March, apparently with a sort of ingenuous belief in his own importance or that of the Legislature, to send Com- missioners to General Lambert, in order to obtain that in which General Jackson, acting in the name of the United States, had failed to succeed. "These gentle- men," he said to Lambert, " at the solicitation and in behalf of the owners of the negro slaves who are under- stood to have followed the English army to Dauphine Island, have repaired to your headquarters for the pur- pose of receiving, and providing the means of sending back to their masters, such of the negro slaves aforesaid as, in conformity to the first article of the treaty of peace, your Excellency shall deem proper to decline carryirig a/wmf." Major-General Power, who had been left in command during the absence of General Lambert, re- plied: " I should feel happy in rendering any assistance to those gentle- men, to enable them to execute the object of their mission, but agreeably to the determination of Major-General Lambert before • he went away, all those slaves who were not willing, and who ob- jected to return to their former masters, have been embarked for the Island of Bermuda, to be sent from there to Trinidad« The Major-General did everything in his power to induce the whole of the slaves who deserted from iNew Orleans to return ; but he did not feel himself authorized to resort to force to oVtige them to do so, as they threw themselves on his protection, which they were entitled to, having served with the British army, and which they did voluntarily and without compulsion." That part of the first articla of the treaty which is Mir-' * 1816.] ABDUOTED SLAVES CLAIMED. 528 referred to in this correspondence as embracing the ques- tion of the restoration of slaves to their masters ran as follows : " All territories, places and possessions whatsoever, taken from either party by the other daring the war, or which may be taken after the sij^ning of this treaty, excepting only the islands herein- after mentioued, shall be restored without delay, and without caus- ing any destruction, or carrying away any of the artillery or other public property, originally captured in the said forts or places, and which shall remain therein, upon the exchange of the ratification of this treaty, or any slaves or other private property." It seems to ns clear that^ in lihis document^ the Gov- ernment of Great Britain acknowledges slaves as prop- erty, and yet, in the face of it, a British General is seen assuming the responsibility of declaiing that he would not execute that part of the treaty relating to slaves, because '' it was totally incompatible with the spirit and Constitution of his Government to recognize slavery at all." To elude what to him is an obnoxious stipulation, he further resorts gravely to a rvserable quibble, un- worthy even of a pettifogger. He alleges that the slaves ivere not carried wwa^, according to the expressions used in the treaty, but that they ccurried themsehea cmay^ and were therefore to be looked upon in the light of deserters, forgetting that they could not be deserters^ and treated as sucl^if they were property, as expressly acknowledged in the treaty, the words being ^' sUvea or other property." He further takes the extraordinary ground that he is only bound to restore what property belonged to the cii/y or ter^-itory the British were octutMy mpoaaession of on the \%th of ^ehruary, the day of the exchange of ^ati- ficu.tionfy so that the treaty l:@ing dgned on the 24th of December, and the British oncers having had ample time to know its contents before it was rati^ed and the ratifications exchanged, had only to remove beyond their . .' .'i;,.f><5r' 'I ■ - 5'"iy'" ■• 'i - . r»«storing it, on the exchange of the ratifications. Thus General Lambert, according to his interpretation, was not bound to restore any private property which he might have carried away from the Parishes of St. Bernard and Plaquemine, ante- cedent to the 18th February, but only such as he might have taken on Dauphine Island, of which he was still in possession at that time. This concession, however, re- stricted as it was, he refused to apply to slaves, because they could not, as he maintained, be property according to the Constitution of England. For instance, on or after the 18th of February, he would have considered himself bound not to carry cuwouy any slaves hehnging to Dau- phine Island, which was still in British hands, but had a slave and a cow come to his camp pitched on that island, he would have restored the cow and not the slave, although in the text of the treaty a cow and a slave were placed on the same footing as property. As this same forced construction was put on the treaty by all British officers, from the shores of Maryland to those of Louisiana, without the possibility of previous consultation and agreement, it is fair to suppose that during the time which elapsed between the 24th of December and the 18th of February, the British Government, alamied at the consequences of the concession which it had made in the treaty, and which probably threatened to provoke the resentment of Exeter Hall and other congregations of negro worshipers, had sent secret instructions for the non-execution of that part of the treaty. The Govern- ment of the United States remonstrated with uncompro- mibi'.g fiimness and unanswerable logic, but the British Government adopted, if it had not dictated, the construc- tion put Upon the treaty by its agents. John Quincy Adams, then the Minister Plenipotentiary of the United 1816.] ABDUCTED SLAVES CLAIMED. 0)ii) States at the Court of St. James, although himself un abolitionist of the deepest dye, and supposed to bo hostile to the South, demonstrated victoriously, in his correspondence with Lords Bathurst and Gastlereagh, how erroneous were the views of the British Government on the subject. According to grammar and to the common understand- ing of language, it would seem that there could be no doubt but that the terms of the " First Article" had established in a most guarded manner a distinction be- tween public and private property. All territories, places and possessions (with a particular exception) were to be restored, without destroying or carrying away any of the artillery, or other public property, originally captured in the said forts or places, and which remained there upon the exchange of ratifications. Had it been intended to put slaves and other private property on the same ground with artillery and other public property, the terms originally captured m the said forts and places, ami which shall remain therein on the exchange of the ratificatums of this treaty, instead of being inserted after " artillery and othor public property," would have been put at the end of the sentence after ^ slaves and other private prop- erty." Ill that ctfHe both interests, the public and the private^ would have been subject to the same restraint. But, by separating them from each other, and putting the restrictive words immediately after ^* artillery and other public property," it showed that it was intended to confine their operation to these subjects only, exclud- ing from it " slaves and other private property." ^ This IB amply demonstrated by a r^erenoe to the pro- ebs verbal of the oonfwsnces between the British and American Plenipotenti^es. The first project of the Treaty of Ghent wa« offered by the American Plenipo- tentiaries, and that part of the first article relating to ■ / ■. ' »l • r.. is, * ■ '^ -^\\' t.f. A* 'i\ ". :--':'Z-:\-' '4'^vw K vv/'*^' r)26 ABDUCTED 87.AVE8 CLAIMED. [Ibis. Nlaves was therein expreiMed in the following man- ner : " All territories, places and posiessibni, without exception, taken by either party flrom the (Hher duri «g the war, or which may bo taken after the signing of the treaty, shall be restored without de- lay, and w^bhont causing any destruction, or carrying away any other public property, or any slaves or other private property." The British Plenipotentiaries proposed the following alterations : " All territory, places and possessions, without exception, belong- ing to either party, and taken by the other during the war, or which may be taken after the signing of this treaty, shall be re- Htorcd without delay, and without causing any destruction, or car- rying away any of the artillery or other public property, or any slaves or other private property, originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty." t It will be observed that, in this proposal,* the words, "originally captured in the said forts or places, and which shall remain therein upon the ratifications of this treaty," operated as a modification of the article as orig- inally proposed in the American project. Instead of stipulating that no property, public or private, artillery or slaves, should be carried away, they limited the pro- hibition of removal to all such pr(^>6rty as had been originally captured in the forts and places, and re- mained there at the exchange of the ratifi(»tion& They included within the limitation private as well as public property ; and had the article been assented to in this form by the American Plenipotentiaries and ratified by their Govcram^oft, it would have warranted the con- struction which the British CommanderB gave to the ar- ticle as it was ultimately agreed to^ and which it cannot admit.- But the American Plenipotentiaries proposed to ' "^ • John Qtihiey Adams to Lotd OutlerMgb, August Mta, 1819. ~^ 1815.] ABDLCTED SLAVES OLAIM£D. b'27 traoBpose the \ford8, *' originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty/' and to insert them before the* words " slaves or other property," in- stead of after, as they stood. This was agreed to by tho British Plenipotentiaries. It is as evident as anythin^]^ can be, that it was intended by this transposition of words to admit, with regard to artillery and public prop- erty, the limitation proposed by the British project, but not to assent to it with nigard to slaves and private property. On the contrary, we asked such a transposition of the words c^ limitation as would leave them applicable only iO artil' )ry anC pubiic property, and would except slaves and private i, roperty from their operation alto- gether. The British Plenipotentiaries could not but understand t'.; ) meaning oi this transposition, and could not plead ignorance of the views of the other party in persisting in the general prohibition to tcjrry away slaves and private property, while acquiescing in the limitation with respect to artiller}' and pubiiC property. With this implied, if not expressed, understanding, the British Government agreed to the transposition of the words ; and, accordingly, that part of ^e '* First Article" of the treaty stood and was ratified as it reftds now. Had its fyr&mmatical oongtruoiion been in any degree equivocal, t'ri' statement of the manner in which it was drawn up would have sufficed to solve every doubt of its meaning. Therefore, John Quincy Adams contended with great force that the article, as curiginally drawn by the Ammoan Plenipotentiaries, was plain nnd elear; that it admitted of no other «onstruotion than that for which the American Government How contended ; that it avowedly and openly contained a stipulation that) in the evacuatiaa of idl the territories^ j^aees and possessions to be restored, no. slave should be carried away ; that - ■ '■(' <■ » ■.-, K ■■'■».";' - ^ .ir,';T'.» ;• >\ • ■■•-.•A. '4- r . .■-'*^' ;,'■■ • •«-,'*■ ••( , ":(•,■•-&•■ ,'l :^iS^.:- .-^■■■.Jt' ', ^ ';;>>:•..■' *. ,' I -J - 528 ABDUCTED SLAVES CLAIMED. IH^- Sit; [1815. an alteration was proposed by the Briti^ Plenipotentia- ries, which was accepted only in part ; that in this par- tial acceptance the British Government acquifesced ; that when Great Britain proposed an altera^ti to the Amer- ican project, of the meaning of which there could be no doubt, when her alteration was accepted conditionally, and under a modiflcatioti to Tf^ich she agreed, she was bound to perceive that the modification thus insisted upon by the other party was not a mere verbal change in the phraseology of her#proposal, but, so far as it ex- tended, a substantial adh^ence to the original draught of the article. " That the British G<^emineiit gave it then another construc- tion," added Mr. Adams, " was not only never commnnicated to the Government of the Fnited States, but was impossible to be foreseen by them. When Great Britain had solemnly agreed, without hinting an objection, to the principle of restoring captured slaves, it could not have been foreseen i3m*< the engagement could be narrowed down to nothing by the strained extension of a condition, limited by the words of the treaty to another species of property. It was impossible to anticipate a construction of an important stipulation which should annifaMato its operation^ It was impossi- ble to anticipate that a stipulation not to carry away any slaves would by the British G«v,ern||Le'vt be considered as faithfully ex- ecuted by British officers in cai ^ jig away all the slaves in their possession. The only foundation whieh these naval commanders have alleged for this procedure was a oonstmotion of the para- graph coBtainiBg tMs stipidation so contrary to its grammatical sense and obvipu ^ purport, that the undersigaecii is well assured, if the saine phrase had occurred in any munidpal contract between individuals, no judicial tribund in this Kingiftbm would entertain for a moment a questidii.iipoii tt*-«if ifton«ti*uctl6n liftider which the whole operation of the words 'slaves or othmrpriviW |««perty' was annihilated, by extending to thon^^Jihe Iknitation oonfined by thf %f}i'Fas drawn, Lord Bathurst, a member of the British Ministry, made use of this extraordinary language : " It is certainly pos- sible that one party may propose an alteration, vdth a mental reservation of some construction of his own, and that he may assent to it on the firm persuasion that the construction continues to be the satne, and that, there- fore, he may conciliate, and yet concede nothing by his assent." Mr. Adams witheringly observed, in relation to this passage, that " he trusted that some error of a copyist had left its meaning imperfectly expressed." Considering some of the features assumed by the war carried on between the ConTederate States and the United States of America, after the lapse of about half a century since that correspondence, it is curious to notice several of the grounds taken by John Qtiincy Adams in his dis- cussion with the British Ministry in relation to the Treaty of Ghent. For instance, he maintained that, according to the usages of war among civilized nations, no private property, including slaves, ought to be taken ; that all private property on shore partook of that sacred charac- ter ; that it was entitled by the laws of war to exemp- tion from capture ; that " slaves were private property." Lord Liverpool* said that he thought they could not be considered precisely under the general denomination of private property ; a table or a chair, for instance, might be taken and restored without changing its condition, * John Quincy Adams to the Secretary of State, August 22d, 1815. 34 ii "V: ■^|! i %^ ••.♦ ..:■. ■•. ■- n ■\4< •» . ' I -v 530 AEBITEATION OF RUSSIA. [1816. but a living and human being was entitled to other con- siderations. *. J 'f:'^ " I replied," wrote Mr. Adams to the Socreta|^ of State at; Wash- ington, "that the treaty had marked no such distinction: the words implicitly recognized slaves as private property in the articles al- luded to : ' slaves or other private property.' Not that I meant to deny the principle assumed by him : most certainly a living, senti- ent being, and sti^ more a human being, was to be regarded in a different light from the inanimate matter of which other private property might consist. And if, on the ground of that difference, the British Plenipotentiaries had objected to restore the one while consenting to restore the other, we should readily have discussed the subject ; we might have accepted or objected to the proposal they would have made. But, what could that proposal have been ? Upon what ground collide Great Britain have refused to restore them ? Was it because they had been seduced away from their masters by the promises of "British officers ? But had they taken New Or- leans, or any other Southern city, would . not all the slaves in it have had as much claim to the betfefit of such promises as the fu- gitives from their masters elsewhere ? How then could the place, if it had been taken, have been evacttated according to the treaty, without carrying away slaves, if thp pledge of such promises was to protect them from being restored to their owners ? It was true, proclamations inviting slaves to desert from their masters had been issued by British officers. We considered them as deviations from the usages of war. We belioved that the British Government itself, when the hostile passions arising from the state of war should sub- side, would consider them in the same light ; that Great Britain would then be willing to restore the property, or to indemnify the sufferers by its loss. If she felt bound to make good the promises of her officers to the slaves, she might still be willing to do an act of justice by compensating the owners of the slaves for the proper- ty which had been irregularly taken frorii them. Lord Liverpool manifested no dissatisfaction at these remarks, nor did he attempt to justify the proclamation to which I particularly alluded." The British Govfernment, however, would not recede from the position it had taken, and, after several years of negotiation, the decision of the question was referred to the arbitration of Russia, who declared in favor of m 1815.] msTORio coirrBASTs. 531 the American construction of the treaty, and Great Brit- ain finally paid a certain sum of money for the slaves she had carried away. Yerily is history full of strange contrasts. "We now see the United States denying what they compelled Great Britain to acknowledge, by the treaty of Ghent : thut Tiegroes a/re property. We see them asserting at one time, through Mi'. John Quincy Adains, their Min- ister Plenipotentiary in London, that private property on shore, according to the usages of modei-n warfare, cannot be captured by belligerents ; that proclamations to induce slaves to desert from their masters are unjusti- fiable ; and that such practices are deviations from the usages of war. We see them now informing that same Government of Great Britain, through Mr. Adams, their Minister Plenipotentiary, and a son of the former minis- ter, that it is right for them to capture private property on land, to destroy it in every possible way, to cut down crops, to break all agricultural implements, to produce a general famine in the land they invade, to remove even clothing, food and medicine from the desolated homes of the widow and the infant ; we hear their loud procla- mation, reverberating throughout the world, that not only is it right to seduce away slaves from their masters, but that it is in conformity with the usages of civilized war, and one of its necessities, to arm slaves against their masters. Mr. John Quincy Adams charitably ex- pressed the hope that when the hostile passions aiising from a state of war should have subsided, the Govern- ment of Great Britain would consider the impropriety of its condmjt in its proper light. # We entertain the same hope in relation to the Government and people of the United States, notwithstanding the variety of the monstrous national crimes which have been perpetrated, notwithstanding the Congressional denial that eight ' --Mm' '■■■' :-V%''^''S] W; 4«- ■■■■ '■/'•..'♦■ r ■ I .1 r~ . 'I' '■'i':k ■i I*:.' lit ^32 MAJOft LAC08TE AND HIS SLAVES. [1815. millions of their fellow-beings liad " any rights what- V t< ■ H HhC IH ^^^^^B ^^^^^^bH^. ''' ^Hh^H H^^KO* '""■ ^^^^H HiLfcBffi^.-'-'."r I^^H^^I WSBKMff. ^^I^BII KraH^ '' ^^■H^B Bm^"-' ^^^Hj R|HB^;;y mm ^^^%'' hhI MamKifc;:/ ^HBBg w^^^^'i H^UHHI ffisMMN^j''.''.' BUffl HM^iv'^. - HHi H^^;** Kgn HSPPr."' - ^^pffil W^^^Jf.', K|i!|M mPm^-;./, ' IRSi^^H ^S^aL' » a/ • ** BrSy^H ■Kfl^£vK* ' Bhem B^ra«|ti*-. >>' fll^nwi M^wl^^^ ^'; ^jj^gJSwBfl SwJ^^^-^'( ' *'- ■HPfl^HBgi fflMp |K toe^' '/' Blfn||inP^E HHiE^'ifU*' JWr > f P^@ ^^§1''' P^^ ^^^^- ^''' pH ^^P^^ p^^^ winm ^^ii^"'' ^p ^K' M s«S''''l ^K §i^^ ^^^^'^- |fg ^R: fl -^«JwS ^B^ IIm ^^t ever. There was one man, however, who, it is said, succeed- ed in getting back most of his negroes, if not all of them. lu was Major Lacoste, afterward major-general in the militia of the State. He was a man of commanding presence, having a striking military air, and really look- ed superb in full uniform. There was a gri-at deal of dry humor and practical shrewdness coticealed under his somewhat exaggerateii loftiness of manner, and, as he was a man of real worth, the occasional ebullitions of a temperament inclining to pomposity were sources of amusement even to those w^ho liked and appreciated him the most. He had been one of the planters authorized by General Jackson to repair to the British camp at Dauphine Island, with a view to regain their slaves, and was told, with the rest, that he could have his negroes only with their consent. He did not lose his time^ how- ever, in remonstrating with the British officers against their ohamefiil construction of the treaty, but seemed to assent with cheerful philosophy to this manifestation of their Punic faith. This apparent acquiescence, and a stately urbanity which could not be ruffled, predisposed the British in his favor. He did not speak one word of English, but several of the British officers spoke French perfectly. They and the Major soon became friendly ; his dignified conviviality won their hearts and com- manded their respect. " Surely," said t^:^ Major to them, "you will spare me the humiliation of coaxing, in the presence of anybody, my runaway slaves to return to me. British officers cannot but be gentlemen, and must appreciate the feelings of one in my position. I doubt not, therefore, that you will peiinit me to remain alone with my slaves, and use with them what arguments I can find, without being overheard by any evil-disposed 1 ' 1816.] MAJOB LAOOSTE AND HIS SLAVES. 533 witnesses who may laugh at my vain efforts. What I am compelled to do is sufficiently vexatious without un- necessarily making it more painful . o me." The British officers, whom he had put in good-humor, and whose vanity he had gently patted on the shoulder, assented to his desire. " But," said they, " there must be no force used, Major ; the slaves must express clearly their con- sent to return." " Force !" exclaimed the Major ; " you speak in derision. What force can I use in the circum- stances in which I am, unless you allude to the force of persuasion ?" " Oh I no," replied the British (:>fficers, laugh- ing ; " that kind of force is legitimate. You have our consent to that." With this understanding, the Major was tak n to the quarters of his Legroes, who behaved with some degree of civility when they saw him, and who were particularly struck with the military honors paid to their master as he approached the guards who watched over them. This did not escape the keen eye of the Major, and, taking advantage of this circumstance, he bowed with great majesty and condescension to the officers who had accompanied him, and who retired ac- cording to their promise. As soon as he was left alone with his slaves, he drew himself up to his full height and assumed a menacing attitude and tone. " Ah ! my darkies, here you arel" he said. "You thought you could escape me, you fools I You never knew before what a great man I am ; you never dreamed that the British respect me so much that they are willing to be commanded by me and have your master for their chief. But you see it with your own eyes ; nobody tells you that. I flogged the British Vv'ell, as you know ; and I will flog you well too, if you continue to misbehave as they once did. But now I am theii' friend, because they have repented, — so much have they repented that they want to kill you for having left me as you did, you un- •» ••'Vv>'iU' - ■ 'I r.-^*:*---.,-.;V- ,■■■ i ■■ -^K .■■■ t w ■,«1 ■'■"•i-^- ■•■»•■;«>*•• • * : XrV'A ■ •' ■■-'.., "» ' v .1 •v ■;■. ',■!'■ •'* 'j-'i" ■■-' ■ -^ .A Jk' ''n * ' " . * ' - -■ ■ ■ ,'• 1 '■■■■■.•'•■■':":. ^i;v . -''': '^^^ ^i's ■:■■'■■{ ,. <*'•;■'• ■■ ■■ ;.. V^-%^^' ' ^ i . ■ .'• )■ ■ .' 584 MAJOR LACOSTE AND illS SLAVES. [1815. ^:?;>' pBpiJfflm pM^^i* . n^nH^|S^nEI Jj^vjft^; ^^, iaJS^S^d^H '^^^A V |^mj^^HBH| @^^^^' ELfJ H P ^^^^^ ^^t;.>. M ^^^ ^my ^^!i ^K^ ^K^ i ^^^^ ^^'^'' m ^^^»'^ip^ ^^»f*' 1 im W' ft; ^^iis m^' grateful rascals ! ' Major Lacoste,' they said to me, ' is it true that these dirty, stinking fellows used to steal your chickens and your pigs V * Yes,' said I ; * it is but too true.' ' Well, what did yon. do idth them on such occasions ?' — ' I shook my ^;•^ts iir, thein, and threatened to cut their throats, but never did i^^ as you see, because I loved tiiem like children.' — ' Ha, ha, Major Lacoste,' they said, * tliat is lot the way to treat niggers. Now that we are friends, if you say the word, we wi^l make an example of them for having left so kind a master. We will shoot every one of them, and bring you better niggers from Africa for v u dollars apiece.' I see that you look tenified, In'Igands ; but you know I am good — too good. I pardon you all, unfortunate wi'etches." He seemed so powerful, he looked so grand, so imposing, that the negroes fell on their knees and thanked him for his mercy. " Rise, hypocritical scamps !" he continued, with an expression in his face of Olympian benignity, which still retained something of the awful and the terrible, " rise ; 1 will save your lives ; not because I believe in your repentance, not because I am your dupe (Major Lacoste cannot be duped by anybody) ; but because I am used to you, and we may as well grow old together. I will take you home safely without loss of time. The British may soon get drunk like Choctaws ; it is their habit ; and then perhaps I could not save you. Form a line, two by two, keep behind me, close on my heels — no straggling — and I will carry you safe through th(! British lines to the boat which awaits us." The trem- bling negroes did as he commanded. Putting himself at their head, he marched toward a company of British soldiers who had been commanded to watch him, and to ascertain if the slaves followed him willingly. As he approached in the full dress of his grade, the soldiers were courteously ordered to present arms. " Don't fire," \.%' 1816.] MAJOR LACOSTE AND HIS SLAVES. 535 exclaimed the Major, in French, waving his hand in a manner which might he taken for a sign of command, or an acknowledgment for the honors paid to him. " Don't fire, they follow me willingly ;" then turning to the negroes, he said, in their corrupt French idiom, which they alone could understand : " You see ! they wanted to shoot you and I prevented them. Now, speak your mind. Do you want to come with me ? Yes or no." "We want to go with master; we want to go home," shrieked the negroes, huddling round the Major, and almost hugging him in their arms. There was no denying such a manifestation of consent. The Major bowed superbly to the bewildered Britons and marched off. He met on his way several other corps of British troops, and the same scene was reacted with equal suc- cess, until he reached his boat and departed in triumph. It is reported that the Major was fond of relating this exploit, of which he was verj'^ proud, and would say, on such occasions, with ineffable self-complacency and a dash of contempt : '' I taught those thick-witted Eng- lishmen how to interpret a treaty." The happy effects of peace were soon felt in Louisiana. On the 16th of March, Governor Claiborne wrote to Mr. Monroe, Secretary of War : " Great is the change which the return of peace has already made in this capital (New Orleans). Our harbor is again whitening with canvas ; the levee is crowded with cotton, tobacco, and other articles for exportation. The merchant seems de- lighted with the prospect before him, and the agricul- turist finds in the high price for his products new in- citements to industry." This war had been conducted on the part of the British with an inhumanity and with a contempt of the usages of civilization which it is the duty of the historian to censure ; they had armed ne- groes and Indians, and had showed a love for devasta- SI J ■ \'.- -iW' »■*» . ^.^ ! .V ; i.' '■ '■\I-. w 536 BRITISH LOVE OF PLUNDER. [1816. '-^i. ».•#■ ^H ■■|.:^. ^^^1 ^KKhI'--^' ^BH| ^^^Bs*''' ^^^^H ^^BB^^'^ ^^H l^^Ss'^* ^^H ^KSk '' ^^H BBEm^~' ^^H JB^p''^ ^^^^^1 ^I^Ht«i ' '"^ ^^^1 ^^HKiLu^ r ^^^^^1^1 IB^^bI^HS'' ^^^^^^1 Dh^hHv ''^i* ^^H ^atM^S;. ^^^I^H (^^^^BBCT T^ f* H HHP:^! ^^Q^H ^■^^^SSh^' <; V ^HH B^B^'''" BhI H|B8|''' ■ ^B0^H ^DBSKwi'' V ^^bH InEs^*'^*^ HH^B ■nd^{Sm^<'*. ^i>«M^^H mm tion and plunder which could be expected only from barbarians. In many letters written at the time by British officers, and which fell into the hands of the Americans, that love for plunder it openly deyeloped, and proved beyond contradiction. Colonel Malcolm, in a letter to the Rear- Admiral of that name, expresses his chagrin that his share of the prize-money at St. Mary's "did not exceed five hundred pounds." In another communication of a similar tone from the same to the same, the hope is entertained ** that New Orleans will repay the troops tor all their trouble and fatigues." Sir Thomas Cochrane laments that St. Mary's was taken two days before his arrival, which, of '^iJourse, " cut him out of what had been captured." He adds in the same mercenary strain : " It was at first sup posed, as is usual on these occasions, that a great deal of money would be made, but if they do clear thirty thott- sand pouTidSj it will be as much as they will do." Con- doling with Captain Evans on the defeat of the British army at New Orleans, Admiral Cockbum said : *' We have been more fortunate here in our small way. We have taken St. Mary's, a tolerably rich place." Another individual writes to Lieutenant Douglas, of the brig Sophia, oft New Orleans : " We have had some fine fun and plenty of plunder at St. Mary's. How are you off for tables and chests of drawers^ etc." ? Here are the words of J. Gallon to J. O'Reilly, of the ship Tonnant, off New Orleans : " We have had fine fun since I saw you. What with the Rappahannock, and various other places, we have contrived to pv^h up a few trifling things, such as mahogany tables, chests of drawers, etc. One, J. R. Glover writes from Cumberland Island, on the 1st of February, to Captain Westful of the Anaconda : " We have established our headquarters here, after ransacking St. Mary's, from which we brought away property to 1815.] BOOTY AND BEAUTY. 537 the amount oi fifty tJiousand pounds ; and had we two i:housand troops, we might collect cu good harvest before peace takes place." Captain Napier informs Captain Gordon that he has " petitioned the Prince Regent for a good slice of prize-money, and hopes to succeed." From these specimens of the greedy disposition of the British ofl&cers at the time, we can easily imagine what " fine fun" they would have had if they had taken pos- session of New Orleans, and what would have been the fate of the " chests of drawers," and other valuables of the inhabitants of that city, if they had come in contact with the hands of these gentle:nen. It is generally be- lieved in the United States that, on the memorable day of the 8th of January, the parole and countersign of the enemy's army were " booty and beauty." That belief, which contains a most heinous and almost incredible charge against so civilized a nation as Great Britain, is founded partly on the rapacity exhibited, and the brutish depredations committed by the British army wherever it landed in America, and partly on the concurrent re- port of a gi'eat number of the British prisoners and de- serters. It is hardly probable that they should have agreed in such an invention. Was it a calumny ? In that case, why was not the infamous report contradicted ? Why was not the proof of the genuine parole and counter- sign on that day furnished by the British Government ? They must have been easily obtained, for they must have been consigned on the orderly-books of every corps in the army. It was correctly observed at the time, " that the fame of General Packenham and his officers, the moral character of the British military, strongly im- plicated by a charge of this nature, and the honor of the British Government, all imperiously demanded that it be refuted, if capable of refutation ;" and yet no such "■"mm ••-,A'.-'.,V:: II '■ . »■*.■«■■ ■>■ ■ ■ . t ' ,*- '.' ;^v >: ^■■■% *)■ ■:^i'r <: 3*-' • ' t ,■,, <■'* -^ 1 - ■*■■ ,'- ,1' '. ■f •■■ ' .''■ ;■■'■. ii " , ' "- \'- 1^'-:' ■ 1 f * ■ * ■i" •■■;••» ' V ■.■•., *•'.■.>•. 'k -:'k} 'y,''!:-' : 1 "'"'[ ^^: • ■ 14 538 BOOTY AND BEAUTY. [1815. j.j."' W- f, f '1^^^^- ■ *'''Wl^B f-' 2itf^i' ^^m • II' ;^ti ^^p ' \ •M'b'i^'i P^l^^W'' " ^^^iiRSiMiduv^ Sfc/j f ^ flwKgMHy^^pj"' RfH^^ft^Hi?^ k'^w^^GJ^Effi^n^ll^*^ ' i^ii^^fe^S'^' ' ' ' Bp^.y;'B ^J^^^^mff:'*-/ Mt;5:1^y« KV'tt ti^Mivy i^^^fti' E^^i<)i|o Hf^*J^\*Syi^mr^^''^^ ^K l^^^^^^u^S' '^s^^%^ " S^-S ^m- Pi ^^K ^^u9H^^^^^_fv ' K"*'.Hi.- ^-if^i ^HS9^KJfw^^4^-* ^ ' K^#^B i^^^^p^St St' attempt was made, although so grave au accusation was blazoned forth in every newspaper and periodical pub- lication in the United States, and thus assumed the authority and importance, as it were, of a national act. Was it beneath the dignity of Great Britain to notice it in the same way through her public press ? Oould it have been derogatory to a great nation to have dis- proved an allegation which left a stain on her character, and which was made by her peer in power, in rank, in civilization, and in morality ? She has chosen, how- ever, to remain silent ; and her silence, when her sensi- tiveness as to her national honor is so well known, must, under the circumstances we have mentioned, be received as an implied confession of the truth of what was uni- versally believed in America. She has, the.refore, no right to complain if American historians record that " booty and beauty" were the parole and countersign given by General Packenham on the 8th of January, when he led his troops to the assault of General Jack- son's lines. It is from the fate which such words imply that General Jackson saved New Orleans ; and so hor- rible are the scenes which they must conjure up in the imagination of every one, that it is really to be won- dered at that the Legislature of Louisiana refused to vote him a sabre, as proposed, and to include him in those thanks which they lavished on every human being who had participated in the defence of New Orleans. Not only had Louisiana been protected against an army of fifteen thousand men, but this large army of veterans had been driven away with a loss of more than four thousand men, whilst our casualties consisted in 55 killed, 185 wounded, 93 missing — ^grand total, 333. This is an historic fact, as well authenticated as any one of those which are accepted without a doubt ; 1815.] JACKSON A:ND tile L£0ISLATUK£. 539 and yet it must be couteHsed that it presents itself in the shape of tiction, although sober truth claims it as. be< longing to her domain. So certain of success had the British been when they attacked Tx>uisiana, that they had come ready prepared with all the officers necessary for her civil administration — which shows what we must think of their assertions that they had come to restore to their allies, the Span- iaj'ds, a province which they had lost. On the subject of that " certainty" which had possessed itself of the British mind, Colonel Malcolm wrote to Admiral Mal- colm : *' From all accounts New Orleans is very strong. What a disappointment it will be in England, should you fail I The chance of failure has not been calculated on, and from the force employed it has been made too sure at first." Having dismissed the British, loaded with humiliation instead of that plunder and glory which they had ex- pected, we shall now proceed to record and examine some of the events which had taken place in New Or- leans during the invasion, and which we had purposely passed over, with the intention of returning to them after we had done relating in a connected manner the military operations against Louisiana and their conclusion by the treaty of peace. We have already mentioned in the preceding pages that, ov the 28th of December, 1814, in the morning, the halls of the J^egislative Assembly had been closed by military authority, and the members prevented from meeting as usual. This order was enforced until the next day, when it was revoked early in the morning, and both Houses permitted to resume their functions. Their fii'st act was to appoint a Joint Committee to inquire into the cause of this extraordinary proceeding, and to ascer- tain the source from which it had emanated. General •* "V,. I' 1 ■ 'I ■ • ) ,1 'V. <'i ' • ' >. ■m I '-; 540 JAvKSOU 8 ANS^/EU TO THE LE0I8LATUKE. [1816. ■f^A ■hS JackBon was immediately addressed on the subject, and Lis reply was as follows : it . " CaAIP at MaCABTT's, 4 MILKB BBLOW NeW OrLEANS, ) *^ Headquartersj December 3^^ 1814. J " The Major-General commanding has the honor to aoknowledgo tho receipt of the joint resolution of both Houses of the lion, the Legislature of tho State of Louisiana, now in session^ dated tho dOth inst., and communicated to him by a Joint Committee of both Houses, to which the General gives the following answer : " That just after the engagement between the British and Amer- ican armies had commenced on the 28th inst., when the enemy was advancing, and it was every moment expected they would storm our lines ; as the General was riding rapidly from right to left of his line, he was accosted by Mr. Duncan, one of his volunteer Aids, who had just returned from New Orleans. Observing him to bo apparently agitated, the General stopped, and, supposing him the bearer of some information of the enemy's movements, asked what was the matter. He replied that he was the bearer of a message from Governor Claiborne that tho Assembly were about to give up the country to the enemy. Being asked if he had any letter from the Governor, he answered in the negative. He was then in- terrogated as to the person from whom he received the intelligence ; he said it was from a militia Colonel. The General inquired where this Colonel was ; that he ought to be apprehended, and if the in- formation was not true, he ought to.be shot, but that the General did not believe it. To this Mr. Duncan replied that the Colonel had returned to New Orleans, and had requested him, Mr. Dun- can, to deliver the above message. " Tlie General was in the act of pushing forward along the line, Avhen Mr. Duncan called after him and said : ' The Governor ex- pects orders what to do.' The General replied that he did not be- lieve the intelligence, but to desire the Governor to make strict inquiry into the subject ; and if true, to blow them' up. The Gen- eral pursued his way, and Mr. Duncan returned to the city. After the action, Mr. Duncan returned, and on the General's stating to him the impropriety of delivering such a message — ^publicly, in the presence of the troops, as well as the improbability of the fact — he excused himself by the great importance of the intelligence; and then, for the first time, the General heard the name of Colonel De- clouet as Mr. Duncan's author. " The above statement the General gives as a substantial one 1816.] Claiborne's ANSWER TO THE LEOISLATUUE. 541 of the matter pferrcd to in the Reaolutions of the Senate and IIouho of RcpreHentntives ; and to this he adds, that he gave no order tu the Governor to interfere with the L^islature, except as above stated." < i The next application for infonnation, on the part of the Committee, was to Governor Claiborne. He replied that he had never sent any message to General Jackson on such a snlgect, either through Colonel Declouet, or anybody else. On the morning of the 28th, on hearing the discharges of the artillery and musketry, which an- nounced to him that an engagement had begun, the Governor waa advancing toward General Jackson's camp with an escort of cavalry, when he met his Aid, Colonel Fortier, who said to him : " Major-General Jackson has received the information that the Legislature is on the point of assembling to give up the country. His orders are that the Governor should immediately close the doors of the State House, surround it with guards, and fire on the members should they persist in assembling." Colonel Fortier said that these orders had been delivered to him by Abner Duncan, one of General Jackson's vol- unteer Aids. The Governor immediately returned to the city and executed what ho believed to be instructions fi'om the Commander-in-Chief. The Governor expressed his regrets that there should have been an error, or mis- understanding, and that it should have given rise to so grave a measure as a military interference with the func- tions of the Legislature, but added that, with regard to the part he had taken in it, he confidently believed that, with tbe information which had been given him, and in the extraordinary circumstances in which the State was placed, he had pursued the • course which prudence and duty required ;* for, admitting that the in- * Not having the original English text, I regret that I cannot give the very words of the Governor. I am compelled to retranslate from a French transla- ■■■•■•, r-> ■'. ■ '■■'-'■'■V.i - ' r ■Aj"t, • 'it? r^\-:/f:. ■/.,' ill ■ •■•■*-■■, H'>i Jt : \ r.. • '■^>' ■ a ;' ^.-^■' '•»"-.-;■'•:'.: 542 COLONEJi FORTIER's TESTIMONT. '' [1S16. i 4 m '■■■.> ^^i^^^' formation was witliout real foiindatioii, it was not tlie less evident that suspicions very injurious to the Legis- lature had been spread^mong the public, and that the mere fact of the meeting of the Legislature on that day might, and probably would, have caused some popular commotion, the repression of wixich would have been difficult. On the other hand, supposing the information to have been well founded, the momentary suspension of the services of the Legislature had then become essential to the safety of the State. Such was the substance of the Governor's declaration made on the 4th of January, and transmitted to the Legislature. Colonel Fortier related that, on the morning of the 28th, being on his way to our lines, he met Mr. Duncan coming to New Orleans, who said to him : " Have you seen Colonel Declouet? — ^Yes.-*What did he say to you ? — Nothing, except that our aflfairs were going on well at Camp Jackson, and that the British were retiring. — Has he not told you something else ? — No. — Do you know if the Legislature is in session ? — No. — Do you think that they are to meet to-day ? — I do not know, but I do not believe it ; for I saw, not long ago, several members, and among others, Mr. Hai-per, who was on his way to the camp with his gun." After this Colonel Fortier, as he alleges, received the message which he transmitted to Governor Claiborne. General Jackson's volunteer Aid, Abner Duncan, seems to have been the cause of the regrettable occurrence which had taken place. He had misapprehended the orders given him, and he had not even carried and re- ported them as he had understood them to be. Accord- ing to his own 'declarations before the Committee, he had met Colonel Declouet, who was coming from the city in . tion, which is, however, official and sanctioned by the Legislature, as it is pab- lished in the French side of their Journal. 515. seems irrenco ed the ,nd re- ^ccord- he had city in I it is pub- af 1815.] ABNER DUlfCAN'8 TESTIMONT. 543 great haste and in a great state of agitation, and who begged him to inform G-eneral Jackson that there was a plan among several members of the Legislature to sur- render the country to the enemy, and named the indi- viduals who were engaged in the plot. Pe admits that Colonel Declduet never told him that he was sent by the Governor, and he avers that he never told General Jack- son that the message came from the Governor, "al- though," he says, ** the General seems to have been under that impression at the time." As to General Jackson's orders, he believed them to have been, as far as the agitation in which he was permitted him to uiider-^ stand and remember them : " Tell the Governor to pre- vent it, and if they attempt it, to blow them up." Even this message he did not transmit faithfully, and he assumed the responsibility of prescribing to daibome the measure which was to be taken, instead of leaving what was to be done to the wisdom of that magistrate. If there is any excuse for Mr. Duncan, it must be looked for in the perturbed state of mind in which he confesses to have been. To this cause it must be safe also to at- tribute the discrepancy existing between General Jack- son's circumstantial account and Duncan's declarations. Colonel Declouet certainly found himself in a very critical situation. According to Duncan's and Davezac's testimony, which is given at length in the report of the Committee of Investigation, he had accused the Legisla- ture of treason ; he had accused Guichard, the Speaker of the House, Blanque, Mai igny and others who always voted with Blanque, a very influential member of the House, of being at the head of the movement. He had asserted that Guichard had attempted to obtain his co- operation by telling him that General Jackson made war after the Russian fashiop, which was to destroy everything rather than give up the possession of the e - . l.-i': fK" .rl ■B*: .,J »V ■ :-*! ■ 'Ts-c*' ■■■'-'■••■.; . :■ ■."••■«•■;. ,1. !.";.; ■• *->''^ ■.:?»; U ■ '^wr. V' ■■ ■ ■ ^ . , 5f 5:» v.- •\s- 544 MAJOR DAVEZAC'S TESTIMONY. [1815. country to the Biitisli, whilst the enemy would respect property. Major TuUy Robinson and Major Tessier also Bwore that Declouet had mentioned to them Blanque, Guichard and Marigny as using their influence in the Legislature to dispose that body to a capitulation, in or- der to prevent ttie destruction of property, " which should not be sacnficed to military pride." Davezac, one of the voluntary Aids to General Jackson, being at headquarters, conversing with the General a short time after the meeting of Duncan and Declouet which we have related, the latter, accompanied by the former, as Davezac believes, entered the room in which he, Davezac, and the General stood. Declouet, who seemed to labor under some degree of embarrassment, having told the General that he wished to speak "with him in pHvate, Davezac w^as preparing to Avithdraw, when the General desired him to remain and to serve as interpreter, because he did not understand the French language, which was the only one used by the Colonel. Declouet spoke slowly, and Davezac interpreted each phrase as it came out. The purport of Leclouet's com- munication was as follows : " That since the invasion of the country he had had with one of his friends, a mem- ber of the Legislature, a conversation which he consider- ed of the utmost importance." He refused at first to name the individual, but on being assured of secrecy, he declared that it was Mr. Guichard, Speaker of the House of Representatives. After some vague observations re- lating to the pending hostilities, Mr. Guichard had said with much wai'mth, " that war, such as it was earned on by General Jackson, was horrible ; it was a Russian war ; Jackson would destroy everything after the Russian fashion, and was worse than the British." Having ob- served to Guichard that he did not understand why the Legislature continued in session in such times as these. [1815. ^ ispect r also mque, m the in or- ihould ickson, leral a eclouet "by the I whicli jt, who ssment, ak -svith thdraw, serve as French Colonel. ed each it's com- asion of amem- lonsider- first to irecy, he e House tions re- tad said ,med on lian war ; Russian lying ob- Iwhy the las these, 1815.] COLONEL DiOLOUET's TESTEvlONY. 545 Guichard replied that " it was to save the country, and take proper measures to preserve it from ruin." To this he answered not, but ' made many reflections which he imparted to a friend, who advised him to discover to General Jackson what he knew. Being etill in a state of indecision J during the late attack of the 28th, he had met Duncan, whom he had desired to communicate these facts to General Jackson. What had induced him to take that step was the apprehension that should our army meet with a disaster, the Legislature would treat with the enemy. He stated his private opinion to be, that the feelings and dispositions of the majcrit}- of the Legislature agreed with those of Guichard. By the ma- jority, he explained that he meant such members as al- ways voted with Blanque, and composed the French side of the House, with the exception of KouflSgnac and Louaillier, who sometimes dissented. He believed that the men he named had sufficient influence to control and lead the Legislature as they wished. Such was, in sub- stance, Davezac's testimony. Od ::amining all the proceedings of the investigation carried on by the Committee of the Legislature and all the documents annexed to their Report, it seems evident to ns( that Colonel Declouet had only intended to put se- cretly General Jackson on his guard against the danger which he apprehended, and had never anticipated his being brought out publicly to confront the Legislature with hostile denunciations against any of its members. Great, therefore, was his embarrassment; he shrank from the dangerous position he was made to take so un- willingly and unexpectedly, and he looked romnd for some shelter against the storm which he had raised. He de- nied having accused anybody, either Blanque, Guichard or Marigny ; he knew nothing positive ; he had no facts to allege ; he knew of no plot or well-ascertained design 35 m ■>«-'5«. . A^;^' '•■■' "f. at - 'i...»i '■'■'' 'I '■'•■-n'^r. ' ■"'■' ..^f -'!''■•' ■ '",V'!-'.'4.';i.' A • if '■.'.>;-■ ;--ni- ii ' .,?*^-.r;;\Sf/' ill •{■■ ] f3.-: ■i: 546 COLONEL DiCLOUET's TESTIMONY. [1815. 5^' ■^' m? ^i»- 5.. . '/,..-, '_-4r' to capitulate ; no treasonable proposition had been made to bim, or, with his knowledge, to any other human being ; the consternation he had seen in the city had alarmed him ; the tone and tenor of his conversation with his friend Guichard had confirmed and even increased that alarm. He had conceived apprehensions, and those apprehensions he had communicated to General Jackson. But, said the Committee to him, '* Since you knew noth- ing treasonable, on what grounds were your apprehen- sions founded ?" His reply ^vas : " I alv/ays apprehend- ed, from the very beginning of the wa»*, a considerable diversity of opinions, a want of unanimity in the Legis- lature." " Are these sufficient reasims to believe the Legislature composed of traitors capable of sun*endering the country to the enemy ?" " I believed that division would prevail among the Legislature as in all deliberative assemblies ; and, as I have a right to my apprehensions,* I feared that the Legislature would capitulate rather than see the city destroyed and sacked ; and as by that capitu- lation I did not see that the war would be terminated, be- cause more troops would come from the upper country to recover the State, I was terrified at the consequences. But I never told anybody that there were traitors in the Leg- islature." " If the Legislature had put the British in possession of the country, according to those apprehen- sions which you ^vished to communicate to General Jack- son, would you not have considered the members of the Legislature as traitors ?" " If the British had beaten us, I should have feared, as I did fear, a capitulation on the part of the Legislature, for the reasons which I have already given." Thifi was, to use an inelegant but ex- pressive word, dodgijig the question. But the Colonel was probably anxious not to commit himself any ftirther ; the ground on which he stood was sufficiently full of r V * Et comme je euis xnaitre d« mes appi^henBiouB. '-'»■' e 1816.] CHARACTER OF DECLOUET. 547 perils and enmities. Henc^ the discrepancies of his statementg, as related by hiiaself and by tliose to whom he had made them ; hence the vague nature, the clum- siness of his answers, and the " inconsistencies and ab- surdities" with which he is taxed in the Keport of the Committee. The only individual who was somewhat implicated by anything positive, w^hich Declouct did not deny or retract, was Magloire Guiciiard, whose con- versation, as related by Declouet, was tianslated by Da- vezac to Jackson. Guichard was, therefore, interrogated by the Committee as to what had passed between him and Declouet on the day preceding the 28th, when De- clouet's apprehensions, after that interview, had become so pressing as to induce him to communicate them to General Jackson. But before giving the narrative of Guichard, which is of a very striking nature, it is proper to ascertain who this Colonel Declouet was, who had thus been made to assume the attitude of an accuser, face to face with so formidable a body as the Legislature of the State; It is not a little singular that he seems to have been a favorite with that same Iicgislature, who, a short time before, had voted a stand of colors to his regiment, a favor which, so far as we know, had been granted to no other. Id delivering that stand of colors, the Governor had ad- dressed the Colonel in these words : i/vff , 11 • ' V i. '■. if ""■'::^-i,'.. ^ ■■■■■,, ^'iv< ■:**:?' " -J •- ■■.•t.\'-" " In the name and by the authority of the General Assembly, I have the honor to present to your regiment a stand of colors. They will be borne to you by the Adjutant-General, and you will be pleased to receive them as evidence of the highest eonfi4ence in the patriotism »nd valor of yourself and your companions-iu-arms. The regiment under your command is pf icularly distinguished. It composes the first corps of militia which Louisiana furnished for the service of the great family, to which she is united by the indisso- luble ties of interest, affection anri gratitude. The occasion which called you to the field was tf the greatest importance to your K ■ : -^ ' '. • 548 GUICHARD^S TESTE lONT. ♦'- [1816, re* ^iy*'. ^^, m- -'^',V counti*^; nor could the zeal and promptitude with which the call was met escape the notice and approbation of your Government. With these sentiments I commit this standard to the p|roteotion of your regiment." This is, certainly, a flattering testimonial by the Legislature and by the Governor of the State to the worth and importance of Colonel Declouet. It will be sufficient to add, that he belonged to one of the oldest and most distinguished families of Louisiana, and that the Cortimittee of Investigation, although censuring him with severity for his groundless and extravagant appre- hensions, acknowledged his high social position and his unblemii^hed reputation as a man of honor and integrity. Let us now see how Magloire Guichard treated such a man, if Guichard's testimony is to be received without full allowance for the ill-concealed irritation which he seems to have felt against Dectouet tor his disclosures — which irritation may have produced a distempered recol- lection of what had passed between himself and that individual. On the 27th of December, in the evening, Guichard was visited by Declouet. " The conversation was en- tirely carried on by him,*' says Guichard. "I took very little j>art in it, if any, and I should be much embar- rassed to tell what it was about. About eight o'clock I entered by bed-chamber, with the intention of going to bed. He followed me, and said: " Wy do you goto bed so early ?" I replied that, being fatigued, I needed rest, and that when he should be ready to follow my ex- ample, he would find his bed ready prepared." There certainly are very few men who, on receiving such an in- timation, would not have retired and left Guichard to himself. Colonel Declouet remained, however, observ- ing "that it was early yet, and that they might still continue to talk a little while.'* " Very well," replies •?i»''>»iv •% mw*^ osures — 1816.] OUIOHABDS TESTmONY. 549 Guichard ; " don't mind wbat I do, and talk as much as you please." Upon this, he unceremoniously undresses himself and goes to bed. Did Declouet cease the mon- . plogue with which he h represented as having bored his friend since the beginning of the evening ? No. " He seated himself by the fireside," says Guichard, '* and began to talk — on what — ^I cannot recollect. What I perfectly recollect is that, as I did not answer, he said to me once or twice : * You sleepy I believe.' * No,' I re- plied, ' go on' — ^but the fact is that I went to sleep, whilst he was speaking, without my being able to say what he talked about, and when he stopped." This time Declouet retires, not, however, to quit the house in which lie was treated with so little consideration, but to accept that bed which Guichard had so pointedly incited him to seek. j On the next morning, at nine o'clock, he is called to l)reakfast — during which, he asks Guichard why the Legislature had not adjourned. The answer was : " I do not know. After all, there is nothing which I should like better ; for my private affairs suffer in consequence of the Legislature continuing to sit." It is strange that the Speaker of the House of Representatives should not have remembered that the Legislature had refused to adjourn for reasons which had been made public and re- corded in their journal* — and of which one was: "That accidents might happen, and unforeseen cases might occur, when the interference of the Legislature might be necessary." To these reasons he might have referred his inquisitive visitor. The conversation then, fell on the invaders of the country and on the attack of the 23d. "I recollect perfectly," continues Guichard, (and it wUl be ob- served that he always recollects perfectly what has a * See pp. 402, 403. ■■: V-.. S:, < ■»• "* -^ ' ^■^'f"' ,r. t*"'. • •.•♦■y»' 2-r '. ^' 550 GUICHAED's TESTraONY. [1816. ■' r. |3f"k.: , pm3 tendency to make Declouet ah object of ridicule or en- mity,) " that T expressed to him my surprise that he had not attacked them in the rear.* I remarked to him that, if he had struck a blow at the British with his five hundred men at the time when our forces fi'om the city were pressing them in the opposite direction, the cam- paign would have been closed that evening, as they would have suiTendered." This reproach must have been keenly felt, for Declouet, to use Guichard's words, pretended to become so desperate as to make a show to pull off his hair, and expressed great regret at not having been master of his own movements on that occa- sion. He had desired to attack, but General Morgan had not consented ; he, however, and the General had, about midnight, made up their minds to reconnoitre a picket of twelve men who fired at them twelve shots, to which they replied with precisely the same number of shots. After this exploit they had retired, and in their retreat, General Morgan, in order to conduct it with more secuiity aiid celerity, had ordered his men to vault clear over the fences which might be in their way. In so doing, the militia came tumbling upon each other and in such disorder that they could all have been routed or taken, if they had been pursued by a handful of British soldiers who were at a short distance. " Many and deep were his lamentations," says Guichard, " and they pro- voked my laughter." All these circumstances, Guichard, who had not noticed what Declouet 'had been talking about for hours, distinctly remembers, for their bearing was to excite the displeasure of General Morgan and of his saltatory militia, and to bring Colonel Declouet before the public in the light of a buffoon who tugged at his * Colonel Declouet was under Qeneral Morgan at the English Turn, and that body of militia had made, but too late, an eflfort to operate a division in fiivoT of General Jackson, who was attaoltlng the enemy in front. >^^i'i ^.4»KV 1816.] OaiOHABD 8 TESTIMONY. 551 hair in mimic rage. The personag<} who had been so burdensome to Guichard had now become amus- ing ; " but," observes Guichard, sarcastically, " as one grows weary of everjiihing,* I left the table to retire to ray chamber and write. I had opened my desk and taken a cigar which I was lighting, when he entered, took a chair, sat by the fire, and, taking hold of my arm, said to me in a friendly and mysterious lone : * Tell me, my friend, do you believe that the British wish to keep the country for themselves, and that it is in their power to do so ? For my part, 1 do not believe it.' * Nor I,' replied Guichard. ' It is impossible.' * How is it re- ported that they treat the inhabitants below V added he. * Do they commit depredations ?' * It is said that they do not,' answered Guichard. * Besides, they are too politic not to use moderation. It has always been a part of their tactics to present themselves as fiiends and pro- tectors wherever they go.' " Guichard's memory, which had been oblivious of so much of Declouet's insignificant and tiresome conversa- tion, now revives, and he is put in mind that his insup- portable guest had. said : " I do not believe that the British will do any harm. We do worse than they do ; for our militia will plunder ; they steal all the cows ; the planters complain of it." If Declouet held such language, it is impossible to reconcile it with those ex- treme apprehensions which drove him into the imprudent position which he took the next day, and which had in- duced him to be so nervously inquisitive, on his visit to Guichard, about the supposed intention of the Legislature to capitulate. Be it as it may, Guichard's mind again loses suddenly its retentive faculties and forgets the rest of Declouet's remarks. -Probably they were not of a nature to expose that gentleman to any resentment. "But I * Mais comme on e'ennuie de tout. • ■•(.■*i;.:,'i„,. Jfl •:;>•■«>,-••■■'■•.■,.;• •;] -■' . i Ml S.-S' I I '''"■■.€• *' .■■-S-'-j"'.'- ■'" ■■*"..■'•■■■■ •■'>- 553 OUIClI.*>KD'8 TE8TIM0NT. [181 5. L'-^'r remem}>f^r," sweara Guichaid, " hie concluding ohncrva- tion to bs fchat, should the British take the countiy, and should the Americans retake it, he would be crushed." These scraps of recollection which rise up, by fits and starts, from Guichard's vast fount of oblivion, are so evidently impregnated with venom, that we cannot but receive them with some degree of caution. We almost yield to the suspicion that their object was to turn the tables upon Declouet. "Tell me frankly," continues Declouet, " what you think would happen, if the British succeed ?" " I think," replied Guichard, " that the country would be ruined." " He believes," he added, *^ that he had good reasons to know them, as they had once been the cause of his losing all he had." * Here Guichard attempts again to get rid of Colonel Declouet, as he had attempted more than once before, and betakes himself to his desk. The imperturbable De- clouet, nothing abashed, takes his stand before the fire- place, and for the second time asks Guichard why the Legislature does not adjourn ? " I have ali-eady told you," replies Guichard, '* that I do not know, and that I could not know the opinion of all the members who com- pose it. Why, and always why ! And why (since you are so fond of why) did you not co-operate in repulsing tjie enemy on the evening of the first attack ? You would have added to the glory of the American arms ; instead of which, you have left the inhabitants of the country exposed to be sacrificed." Why such a question should have been so unpalatable to Guichard, why it should have produced such an ebullition of temper, re- mains to be explained. " At this point of the interview there was a pause," obser\'e8 Guichard ; and well might there be a pause ; for it is incredible that Guichard's de- * Guichard was a native of France, or of St. Domingo, where he is said to hav6 been mined by the effects of British influence on the negroes. 1815.] ouichard's testimony. 3r>3 portmeat Lad not compelled Declouet, to put an end to his viwit long before. But it seems that there was merely a " pause," during which Declouet, who may be supposed to have been stunned, probably took breath. " The why came back again," says Guichard :" " Wliy those nocturnal meetings '< Wir lu^ seci'et sessions ?" Guichard does not answer, but ;;^rng? up his shoulders. "Why, when the Governor v.r^bed you to adjourn, did ou not comply with his request? Tell me what it .neans. There must be something in it. Why did you give no answer to his message ?" " You are insane, I believe," exclaims Guichard, with what he takes care to call " an air of contemptuous Gommlserationy * " Is the Legislature the creation of the Governor, and to obey his whims ? Finally, all these whys weary and displease me." Colonel Declouet, whose openly professed friendship for Guichard must be supposed to be the cause which prevented him from taking offence at these repeated acia of rudeness, meets this unkind retort with these depre- cating words : " What I say does not apply to you ; for nobody renders more justice to your character, and loves you more than I do. But there are in that Legislature so many intriguers, who would like to usurp authoritj , or set the country topsy-turvy, that I have my misgiv- ings. The Legislature can have no reason for not ad- journing, and cannot but have suspicious intentions when refusing to do so. It is I who tell you so." " On hearing this remark," relates Guichard, " I left my desk abruptly,t and said with bad-humor to Declouet : " You will always be the same ; you never will part with your suspicions ;" and borrowing his own manner and tone when making his last remark, I said that the Legislatuie • >■■. "T*' t '.V ■?■*•* " 'I '>.'":■■'' It '■ 1 1 ■■. .. v--'^^' i *.' " >'' •• '. i 1 ■ !*-:V '>-■■ \\ :p^l^iy he is said to » D'un air de piti6. f A ce propos, je qtiittai mon bureau avec viTftcitS, et dis avec humeur k M. Declouet, etc. f my army, he must be immediately prosecuted, and the innocence of every member of the Assembly whom he has so shamefully calumniated must be * Having failed to proctire the original in English, I am again oompeUer]! to retranslate firom a French translation. ■•<:y-.-- '■ ■ ■^'HMl^im ■^ftm^ 11 ■.■.-;i'v-'''-'' ■ •■I --H.^T' ',■■» if ■A/* •(»,/•■■ ■ '. -•^. .. ■•■*'.■: •' • -' ■»■,'-■,■- '■''"■* 556 NO THANKS VOTED TO JACKSON. [18l5. m. im-". li ift- m.' m .■v'; V made public. On the other hand, if this denunciation can be juatijied by proofs against such of the members as it may concern, it is equally necessary that they should be prosecuted without de- ' lay, in order that the guilty may be punished and the innocent > sheltered against any suspicion. Were it possible for me to obtain • all that part of the proceedings of the General Assembly which relates to this matter, I might perhaps cease to find myself under the necessity of making an inquest which now seems to me ex- ceedingly important." The Le'T^islature immediately voted that a copy of this ., Report, and of the documents annexed to it be trans- mitted to General Jackson by the Secretary of the Senate, and adjourned sine die. It does not appear that,, after receiving that copy. General Jackson thought it advisable to take further action in the matter. That adjournment had not taken place without voting thanks to all those who had in the slightest degree con- tributed to the defence of the State, except General Jackson. A Resolution to pres^^t him with a sabre of the value of $800, as a testimonial of gratitude on the part of the State, had passed the House of Representa- tives, but had been rejected by the Senate. Yet that very same Legislature had, on the Ist of December, 1814, voted thanks to General Jacksoii for the "great and important services " . h he had rendered out of the State ! His subsoqueuo services in the State, which were incomparably greater and more important, they chose to pass over in ailejicel We had adopted the popular impresaion that this remarkable silence had been observed by the Legislature in consequence of the offen- sive orders issued against that body on the 28th of De- cember, but on examination we soon discovered our error; for instead of being blamed, he was, as we have shown, unanimously praised and approved for the mes- sage which he had sent to Claiborne on that occasion.* * See page S64. t . 'IP-: t 1816.] GENERAL COFFEE TO THE LEGISLATURE. 557 Why, therefore, was tlie name of the savior of Louis iana so strikingly omitted in those resolutions of thanks which embraced the names of Generals Coffee, Carroll, Thomas, Adair, and others much less conspicuous than the Commander-in-Chief? We cannot but teel that it is a curious subject of inquiry. General Coffee, in his reply, took notice of that glaring omission : " To know," he said, " that we have contribnted in any degree to the preservation of our country, is to myself anA the brave men under my immediate command a source of the most pleasing reflection. To have received so flattering and distinguished a testimonial of our services adds to the pleasui'e which that consciousness alone would have afibrded. "While we indulge the pleasing emotions that are thus pro- duced, we should be guilty of great injustice, as well to merit*fls to our own feelings, if we withheld from the Commander-in-Chief, to whose wisdom and exertions we are so much indebted for our success, the expression of our highest admiration and applause. To his firmness, his skill, his gallantry, to that confidence and una- nimity among all ranks produced by those qualities, we must Cii!efly ascribe the splendid victories in which we esteem it a happiness and an honor to have borne a part.'' This was an indirect but keen rebuke. We cannot but think that it would have better comported with the dignity of the Legislature to have shown a proper sense of the services of General Jackson, and, at the same time, expressed the censure or disapprobation which they might have thought that any of his ents deserved. As it is, we are left to our conjectures. Can it be per- mitted to suppose that, whilst they solemnly acquitted him of all blame, and even lauded him for the propriety of hid message to Claiborne on the 28th, they secretly nourished feelings of resentment ? Was it because they beliovedthat the General had not sufficiently appreciated the zeal of the Louisianians in the defence of their country ? The pages of this History establish that his heart was ftill of gratitude for their patriotic coK)pera- » ' /- :; ■ ■■»' " ••:-'y*- t^ ■ ; • » -^' I.-, ■■'- f . ; ■• •< ■ :..:■■*■ •■ ; 1 ',<:»-. i'f m ■^f^ It Ji*» i m: ^i 558 JACKSON TO THE MAYOB OP NEW OBLEANB. [1816. tioQ in every possible way, and that he had expressed it in energetic and beautiful language in more than one ofScial document. Even a few days before the adjourn- ment of the Legislature he had written, on the 27th of January, to Nicolas Girod, the Mayor of NeW Orleans, the following letter, which ought to have removed any such impression, if it had ever existed in the mind of anybody: y^ " Sib : Deeply impressed since my arrival with the unanimity and patriotic zeal displayed by the citizens over whom you so worthily preside, I should be inexcusable if any other occupation than that of providing for their defence had prevented my public acknowl- edgments of their merits. I pray you now to communicate to the inhabitants of your respectable city the exalted sense I entertain of their patriotism, love of order, ana attachment to the prhiciplcs of our excellent Constitution. The courage they have shown in a period of no common danger, and the fortitude with which they have rejected all the apprehensions which the Vicinity of the enemy was calculated to produce, were not more to be admired than their humane attention to our own sick anH wounded, as well as those of that description among the prisoners. The liborality with which their representatives in the City Council provided for the families of those who were in the field evinced an enlightened humanity, and was productive of the most beneficial effects. Seldom in any com- munity has so much cause been given for deserved praise ; while the young were in the field and arrested the progress of the foe, the aged watched over the city, and maintained its internal peace ; and even the softer sex encouraged their husbands and brothers to re- main at the post of danger and duty. Not content with exerting for the noblest purpose that powerfol influence which is given them by natute (and which in your country women is rendered irresisti- ble by accomplishments and beauty), they showed themselves capa- ble of higher efforts, and, actuated by humanity and patriotism, they clothed by their own labor, and protected ftom the inclemency of the season, the men who had marched from a distant State to guard them from insults. In the name of those brave men,.! beg yon. Sir, to convey to .them the tribute of our admiration and thanks ; assure them that the distant wives and daughters of those whom they have succored will reme'mber them in their prayers ; and that, for myself, no circumstance of this important campaign ^^^! 1818.] EEl'LBCnOiifl. 559 -. touches me with more exauisite pleasure than that I have been ena- krbled to lead back to them^ with so few exceptions, the husbands, brothers, and other relatives of whom such women only are worthy. " I anticipate, Sir, with great satisfaction, the pcbnod when the final departure of the enemy will enable you to resume the ordina- ry functions of your office, and restore the citizens \o their usual occupations — they have merited the blessings of peace by bra/ely facing the dangers of war. "I should be ungrateful or insensibfe, if I did not acknowledge the marks of confidence and affectionate a;ttachment with which I have personally been honored by your citizens; a confidence which has enabled me with greater success to direct the measures for their defence; an attachment which I sincerely reciprocate, and which I shall carry with me to the grave. " For yourself, Mr. Mayor, I pray you to accept ray thank| for the very great zeal, integrity, and diligence with which you nave conducted the arduous department of the police committed to your care, and the promptitude with which ev >ry requisition for the pub- lic service has been carried into effect. '* Connected with the United States, your city must become the greatest emporium of commerce that the world has known. In the hands of any other power it can be nothing but a wretched colony. May your citizens always be as sensible of this great truth as they \ave shown themselves at present ; may they always make equal efforts to preserve this important connection, and may you. Sir, long live to witness the prosperity, wealth and happiness that will then inevitably characterize the great sea-port of the Western world." Certainly, this eloquent tribute to the merits of the citizens of New Orieans must have more than surpassed the expectations of the most exacting. To some other cause, therefore^ than the want of a just appreciation of the Louisianians on the part of General Jackson, must the feelings of the Legisl&ure against him he attributed. Can such deep resentment have been produced by so trifling a cause as General Jackson^s answer to a com- munication by Claiborne iH relation to the discharge of some of the militia from military duty ? " Applications -mi ' '^; '-C; M. V*:t:.':« .^t'Vv-.' il .'jt^.'.'ivaK. .J e- 1 n '•■■•*"■ >'A y '■ ■ ;■; y*- -t- ■ ■ '*,•'.'■ '* •; ■'■".!>■..■■••': , ■...■«•/.'''• .^■^.■'^■': ■ ,, ■ ■ >'^>^/?.;: • '-A ';■■■ M ..« : ■ -•■'■■ *.•;■ 1 < : . f •■*■ ■'li;-:.;;^,:'-;.:-' H . ,^ 660 REFLECTIONS. [1815. PI;- i^HI HBw^ ^^BJ B|p.v mU K:, ^^HH Mpgr^'p am K m p H w 9 i ^^9 ^^p iH^H Ip|kj^ being hourly addrassed to me," wrote Olaihorne to Jack- son on the Slst of Januar}', " by the militia officers of the State to learn the disposition to be made of the various detachments now at this place, and finding a wish very, general on the part of the citizens to return to their respective homos, I take the liberty to ask whether, in your judgment, the services ol" the whole, or what parf of the militia of the State now in the service of the United States, can be dispensed with, and at what period." Major Butler answered in the name of Jack- " The* Major-General requests me to announce to son you that, as long as the enemy shall be within six hours' sail of New Orleans, no part of the militia shall be dis- missed ; and that they should not apply for it under such circumstances." This correspondence was, on the same day, laid before the Legislature by Claiborne, but we do not feel justified in looking to this re^sal for the explana- tion which we desire, as the eifeot would be too dispro- portionate to the cause ; and yet we do not find anything else on record to which we might turn for a solution of the difficulty. In the absence of any positive evidence, we shall resort, as we have already said, to conjectures founded on what we believe to be logical and impartial deductions. We have seen, in the course of this History, that there had been no harmonious concert of action between the Governor and the Legislature, and that this officer, even before Jackson had set his foot on the soil of Louisiana, had, in his correspondence with him, used language which showed his apprehensions that the Legislature would do more harm than got)d during the impending crisis. For this reason, perhaps, if not for others, Jack- son and Claiborne, as soon as Louisiana had been actually invaded, had desired the adjournment of that body. * A retranslatlon from a French tianslation. [1815. > Jack- sers of of the 3ing a return to ask lole, or service t what ■ Jack- mce to : hours' be dis- er sucli le same t we do xplana- dispro- lything ion of idence, ectnres pai*tial 1818.] REFLECTIONS. 501 Besides, it was thought both by Jackson and Claiborne that the enemy being within six miles of the capital, the presence of the members of the General Assembly would be more useful in the field in front of the invaders than in the halls of legislation. Such had been the opinion of several of the members themselves, who had left their seats and had repaired to the camp of General Jackson. The majority, however, had decided otherwise, and soon discovered that their decision had been disapproved, not only by the Chief Magistrate of ^e State, not only by the Federal Coaimander-in-Chief, to whom their defence had been intrusted, but also by a considerable portion of the public and of the army. It is not in the nature of man to feel amiably toward those by whom he sus- pects that he is censured. Hince a degree of restive sensitiveness on. the part of some of thera, as strikingly evinced in the interview between Ouichard and Declouet, when the propriety of their motives for not adjourning seemed to be questioned. It must be recollected that one of their reasons* for^eontinuing in session was, ^'that contingencies might happon and unfofeseen cases might occur, when the interference of th<5 Legislature might be necessary.^ Ooald it be a matte^ : f astonishment, had those who were dissatisfied with the refusal of the Legis- lature to ac^ourn, whispered that there was some definite and dark purpose ooncdaled under the vague meaning of these words { Martial law had been proclaimed ; the guns of the enemy were thundering at the gales of the besieged city. What could be those " contingencies,'* what could b« tbeie ^' unforeseen c$amf^ whicb m^ht re- quire the ^' intorferenoe^ of the Ligiskitare t &terfefeaoe in what ? interference with whom in such mtical times ? Was m3^.9Pr&^hmgio. €b» hands <^ ii^e Cf6niniaii^e|^in- Chieft Hesee nnfiomnded suspicions may have arisen; Bee page 402. m 1 -^' '■■<»*►' iV* -^,. :)l '■■'• ' if'* . •'l*;-4-r. 'I r •■•;.'/''; } ■ ' • '. . ' •••,'„■.• i ■ :\:7*' ■ * -,.•■'.. V,. ^ '■'.?• ■ / ■v'.- J -V ■. 562 '. REFLECTIONS. [1815. ^*«^? I ■ \ y they may have been expressed, or guessed at ; and the conseqaonce was some soreness on the part of the Legis- lature, who thought themselves unjustly treated. Such was the state of things when, on the 28d, during the battle, or shortly before, it was reported that General Jackson, if defeated, would destroy the city. It created great consternation;* the lamentations were loud; the censure of General Jackson^s defensive measures was un- sparing ; the doubts as to his capacity for command were not concealed ; and the cry that he was conducting war after the Russian or Barbarian fashion was raised. Ap- plication was made to Major Butler, who had been left in command of the city, to know the truth of the report ; he refused to admit or to deny it ; this increased the alarm. It is not unnatifiral to imagine that some of the members of the L^slature, witnessing the terror of many of their constituents, and perhaps trembling for the safety of their families a^d property in the midst of a general conflagration, may have blamed the supposed determination of General Jaoksin, and that their expres- sions of censure or dissent may have been spread among the public in a distorted sense, and reported with exag- gerations to General Jackson, engendering' feelings of an unpleasant nature. We fancy that we can trace up to the refiisol to adjourn and to the report that the city was to be destroyed in case of a disaster to the Ammcan arms, the origin of the mutual distrust Itnd estrangement which sprang up between General Jackson and the LegislatuTe. ii a letter written nine years after^ on the 22d of Mar^ lfi24, Graeml Jackson said : ii len i left the .Qity and mftrohcicl agaixuil^ the enemy on the nigkt of the 2dd of December, 1814, 1 was ot^ll^ to leave one of my aicto m command, having no other confideMal off 6^ that conld Ifllft.] RKIPWirn TO JACKSON. 568 be flpand fVom oommand. A few dayn after, Mr. lUipwith, in per* Mon, applied to my Aid to be informed what would be mj eonduct, if driven from my lines of defence, and compelled to retreat through New Orleanih— whether I would leave the attppliefl for the enemy ur destroy them ? As reported by my Aid to me, he wanted thin information for the Asiembly, that, in case my intention was to destroy them, they might make temm with the enemy. Obtaining no satisfaction from my Aid, a Committee of three waited on me for Hatisfkotion on this snbjeet To them I re|^ed : ' If I thought the hair of my head knew my thoughts, I would out it off or burn it' — to return to their honorablo body, and to say to them from me, that if I was to be so unfortunate as to be driven from the Hnea I then occupied, and compelled to retreat through New Orleans, they would have a warm session of it." Skipwith, who was Preeident of the Senate in 1816, noticed these charges by pub^shing the following ad- dress to General Jackson : " It was on one of the nights about the time alluded to by Major Butler, that, returning from patrol duty from the grand round of the city, in passing, and seeing lights in the house of Mrs. F , an old and much respeotedg^acquaintance of mine, and n great ad- mirer of yours, I called in to pay her my respeota, and found with her another very interesting lady, Mrs. E , who, in the course ()f her conversation, mentioned a report, as circulated In the city, and I think she said, by some Kent«>. ',■ f4 t^SS^^nm:^' ' f>,< F^'Xd ^^Kl'i' m ^^^^v' ^^^^^i ^^P^^''-' m •TiEK'^^^S'^^'t*^ f r^'i* I^SmSS^SIS^ '*" ' ^^^w'^^ tW^s ^^^i^^« 11 I^H .^ffl im BJsEMlKwawBa ^.'f. HertionH, in repelling this mont slandorous and bolstered ohftrge of youn, and oonieqnently its ntter fliUehood, as fkr as it oriminateH my oonduot and riewi, on the testimony not only of the rcmaininj^ individuals who oomposed the Senate an«i the Military Council, but on the testimony of any two or three remaining individuals in Hociety, who were eye-witnesses of my conduct at the inrasion of New Orleans, and whose oaths would be respected by a wolksom- posed Jury of their vicinity. ** I may well, then, Bir, pronounce this last charge of yonn to be false, utterly fhlso, as applying to me individually, or to the Senate over which I presided, or to the Military Council of which I was a member, and deny that th«> most distant hint, or wish, was ever expressed in any of their deliberations, or in private, by any one of their members with my knowledge, or within my hearing, * to make terms with the enemy.' And more false, if possible, is it still, that the Legislature should, with my consent or connivance, depute a Committee to wait on you on that subject, or on any other during the invasion, in which I had any agency, that was not founded, in my humble estimation at least, on principles of patri- otism and honor. I may, therefore, hope to find indulgence in every honest breast for having expressed, In some degree, the pro- found contempt which this charge m justly merits, and which it is impossible for me, with life, to cease to feeL** On reading Skipwith's letter to General Jackson, Thi- bodaux, who was a member of the Senate at the time, and a man of great political influence, addrestied to Skip- with a communication, in which he said that the notori- ously ungenerous and unmerited accusation which had been cast upon the whole Legislate of Louisiana, and particulai'ly upon the Senate, by General Jackson, was, in his humble opinion, such as ought to be taken up and repelled with the indignation it really deserves. ** This charge,*' he added, <• was not laid npoB^ytMi^lone, but it embracee the whole Senate. Conld yon not. Sir, as bang then the President of that honoraUe body, oould yon not, with propriety, call upon the members who were sitting with yoo, and proYail upon them to yAn in clearing, through the same medium that was made use of, those shamefiil stains with which t&at body was stigma- tized ? And would it not be but fkir if this infamous calumny re- 1815.] TUIBODAUX TO 8KIPWITII. 565 (toiled toward its Bourcu and ugtAn»t iti vory author ? A Bupino Hilenoe appeani to operate on the part of the memben of the Hen- crul Asiembly as a oonviotion of the tmth of the oooniation ; and thid opinion, ai you may hnow yonnielf, is circulating in the public by the exertions of the GeneraFH irionds. I beg leave to be ex- ouoed for attempting to suggest the right course you have to fol- low. TheHe are the dictates of a heart indignantly offended at the raith attack of the General, and, although it does not fiill upon mo directly (for yon will recollect I was on active servioo), it rebounds upon me very heavily, and wounds me to the very heart's core." Without attempting to reconcile the conflicting asser- tions of M^jor Butler and General Jackson, with the de- negations of Skipwith and Thibodeau, we think that we have now sufficient light before us to review^ understand- ingly the extraordinary proceedings which took place on the 28th of December, and to discover the cause of the secret feeling of hostility existing bottveen the Legisla- ture and General Jackson. After much reflection and patient examination we have come to the gratifying con- clusion that the Legislature of the State, including all its members, and, amoo^ others, those influential leaders, Blanque, Marigny and Guichard, whose names are men- tioned in the testimony of Declouet and other witnesses befohj the Committee of Investigation, acted with unde- viating patniotism, and that, after the arrival of General Jackson, they had, as a body and individually, done all that could be expected of them to secure the defence of the State. Blanque, in particular, had, on the 15th of De* cember, introduced into the House of Representatives this short spirited address to the citizens of the State of Louisiana, which had been enthusiastically adopted: . • i "Your oouBtry is in danger; the enemy ia at your doors ; the^i frontiers of the State are invaded. Tour oowitry expects of yo^i^ the greatest efforts to repulse the bold enemy \rho thi-eatens to penetrate, in a few days, to the very hearth-stones of your homes ; the safety of your own persons, that of your property, of your ^ Pi • '. • ' »k , "i" •V « 4 *. ^ ■ <•» f%' -, '".f r .. ;» • ^.-ii '■■■• i- i ^•f , * f J 4 ■.. f* * ,'*••'.;-. It *-. ■ ' • :vS'...V > 1 ■ • .(.)* ^ M '*•''. i • 1 ;.■'-> . I ■ 1 ^r'H i ■ ' ( ' » ■ . ■«■• ' 4 .■''■ *''-... '■ f ' •;■, -1 ' 1 \ .* ' *; ''. .:i ..•■:J^;<- ^ ! ■ :«■ ■/'.r 566 BLANQITE S LETTEE TO THE CITIZENS. [1816. IT ■> m< If*" p. m wives and children, yet depends on you. Bush to aims, fellow- citizens, enlist promptly nnder the banner of General Jackson, of that brave chief who is to command j(fa. ; give him all your confi- dence ; the sueoesses he has already obtained assure you that to march under his standards is to march to victory. There is no longer any alternative ; dear fellow-oitizens, we must defend our- selves;, we must con<|uer,,or,we must be trampled, under the feet of a cruel and implacable enemy, whose known excesses will be as nothing when compared with those which he will perpetrate in our unfortunate country. To arms I Let us precipitate ourselves upon the enemy ; let us save from his cruelty, from his barbarous out- rages all that is dear to us, all that can bind us to life. Your ]^ep- resentatives have supplied the Executive with all the pecuniary means which he required of them for the defeiice of the Staite, and they will give you the ezaiiq>le of the dt^votion which they expect of you." ' It was to Blanque tliat Xafitte had appeiiled when he wished to offer his services and those of his companions to the State, and it was because he knew the undoubted devoUon of that gentleman tathe cause which he>, Xa- fitte, desired to be permitted to embi'ace. We say with a feeling of legitimate pride, that after having made tlie most minute researches, we haye not been able to discover the slightest proof that the Legislature ever entertained treasonable purposes, or that any mem- ber of that body ever thought of '* making ^terms with the enemy/' && long as all the means pf the most obsti- nate defence should not have been exliausted. But^ at the same time, it is not equally demonstrated to us that there were not many members of the legislature ^l fa- vor of capitulating, when capitulation could h^\^^ been honorably made, rather ; than destroying |(ewQ4^^^ and exposing its numerous population to all the horrors which would have been the consequences of such an act. They may have thought that the destruQtion of that city wotild not haye, answered the same purpose wliiich Imd beed obtained by the conflagration of Moscow, be- '*• 1816.] BEFLEOTIONS. 5^ cause it would bare been done under different ciicum- stances. It is probable that, entertaininfi^ such views, and whilst in a state of ei^citement ivnich w<;c but too natural, on witnessing the agonies of terror whicli pre- vailed in Now Orleans when the uncontradicted report spread that the city was to be set on fire in case of a de- feat, some of them, by words or actions which were mis- construed, gave rise to those suspicions which we have found existing against them to an extraordinary extent, as we shall show. That one man, that Dedouet should have been visionary and should have taken as realities the dreams of his own over heated imagination, we ad- mit to be possible; but it seems to us totally ine3q>lioa- ble that the same delusion should have been shared by so many others, if there had not been some grounds for its eidstence. If the refusal to adjourn had not been interpreted in a manner as injurious to the Legislature as represfflited by Declouet, if those suspicion ri nocturnal meetings, those secret sessions with which he taxed them when addressing the v^y head of one of the Houses, had never beon held, how comes this dreamer to have obtain- ed sucfh c^dit with Buncan, a distinguished member of the New Orleans Bar and an Aid to G-ensral Jackson, when he was understood to accuse the Legislttture of treason? Would Duncan have been thrown into a vio- lent state of agitation ? Woidd he have giv^i faith to such a charge, would he have admitted the possibility of such an event, had he not been disposed to it by some- thing antecedent ? In a matter of this importance, would General Jaehson have acted on a mere verbal message delivered to his Aid by a militia Colonel whose name he, Jacks6n, did not even Inow at the time 9 Would he not have scouted at so startling an inteKig«Boe brought to him in this loose manner, if he had had AiE confidence in the L^sliiture ? Would he have ordered to make ,-;.-'i'v^'. :-r\t •'!%j»4 'mm. I %^y ''■*-:^-'¥ < ••*■■■; ''B '..■■■■■ ■•^■I ■ .. ;■■■:' a i ■/■„ 1 ■ '";.•.■.■.■ ■:;.'■■ . >:;■'>:.■■■ ■■'* ': vf;^. •.'■■■ >, '.-,!■.'' • ■:■■ ■« .■,.„; \-\- ■:>; I • -t m % '4 5i r« £ p i 568 BSFLEOTIONS. [1816. strict inquiiy into a fact which he would have thought impossible, and which he did not believe ? Would he hav 3 empowered the Governor, whom he understood to be the accuser of the Legislature, to become also their judge, to pass sentence on their guilt, and to " blow them up," if he had not been laboring under a degree of indignant excitement which blinded his reason, and which shows that he did not altogether discredit, as he pretended, the probability of the event ? Are we not warranted in believing that we interpret correctly the state of his mind on that occasion when we take into consideration his letter of the 22d March, 1824, which informs us of what occurred between the President of the Senate and But- ler, and between a Committee of the Legislature and himself in relation to their ''making terms with the enemy?" Colonel Fortier, Gt>vfflHior Claiborne's Aid, a native of the State, a man of extensive fynily coniiections, who had Mends and relations in that Legislature, does not show any astonishment at the wonderfEil message of which Duncan is the bearer. He transmits it without doubts, remarks or comments of any kind, as far aa we know. The Governor is startled, it is tme, as we are informed, but consents to execute, in dear violation of his official oath, and against those whom it was his duty to protect, the mere verbai order of a Federal pffiow, which might have been altered or modified in passing through the lips of two different persons — and what an order I to prevent by force the n^eting of the Beproientatives of that sovereign State of whidi hd was the Chief Magis- trate! Could anything so monstroftKr have happened without foundation ; and, if tluit foundation was laid in error, was there not something plausible, or having the color of truth, for that emor or delusion to stand upon ? General Labatut, a State olScer, who commanded the I815.J AEFLEOnOKS. 569 corps of veterans to whom tlie guard of the city had been intrusted, receives the Governor's mandate to dose the doors of the State House, uid to fire at the members of the Legislature if they attempt to meet notwithstand- ing his prohibition, and he obeys with as little hesitation as^if he had been commanded to pass a review according to law ; he obeys it as readily as Harrison and Worsley, when, at the beck of Cromwell, they caused the Bntish Parliament to be thrust out of doors by a Me of muske- teers. If there had not been something in the public mind against that guiltless but unfortimate Legislature, would Labatut, the kindest and mildest of men, H re- spectable and peaceful merchimt of the city, have accept- ed the responsibility of a measure, for n^ich there were then but two precedents in history? "Would he have shown the unreasoning obedience of a janissary ? Would the Governor himself^ who did not leave behind him the reputation of a rash man, and whose desire for popularity was said to be the weak part of his character, have dsiced: to justify that measure in a special message to the Legislature — in which he said ''he had pursued the course which prudence and duty required ?"* Would he, whom his very Mends accused of shrinking too much from taMng responsibilities, have assumed one of this frightful magnitude without feeliug sure that there was a condition of things existing which would shelter him fVom all eonsequencos ? Would he have boldly told the Legislature themselves, '' that so much suspected were their intentkins by the pubUe, that had they met on the 28th there might have been a popular eomm<>tion which he could not hav« repressed I'' H these ^Eicts had not be^n true, or had t)een even doubtful, would he* have ventuiied to assert tlwni in an^Sdal doeument destined for publicistioii ? Would not the Legislature, betwe«:i • Seepage Ml mm .f*. d- %\ ,►<; . ■->.",.V':f d 1^ .-"■fh ', i •x^'U: J il 570 REFLECTIONS. [1815. wbom and him there imter had existed any ^ery good understanding, have turned upon him and crushed him for inventions of so calumnious a nature ? Would they not have arraigned the Governor at their bar ? Would they not have insisted upon a retractation ? Would they have permitted his communication to have remam- ed unexplained, unanswered, on their records, as an eternal proof of their tacit assent to the truth of his declarations ? Can we admit that mere slanderous de- nunciations, without at least some superficial appearances of fact to rest upon, would have produced among the people such a state of distrust of the Legislature as is de- scribed by the Govemor^-^a Legislature composed, almost without an exception, of men of high social positions, and whose personal influence throughout the State must have been greater than that of their calumniators I It is commonly said, in familiar parlance, that there never is smoke without fire. On thigLoocasion) as there was no little smoke, there must have been some sparks of fire, -a The truth was, we suspect, as we have already said, that there were some members of the L^slature who, tifter having exhausted all means of defence, and after having made all the necessary ^orts to repulse the enemy fi?om New Orleans, were in &vor of a capitulation, if it could be made honorably, rather than of destroying the city, because they considered that destruction would have no practical and adrantegeous results, uid would would be a ^^ mere samfiee to military pride.'' We are confirmed in coming to^fihis eoadusion by the following lanjguage which we find in the Report of the Committee of Inquest : *^ It is glorious, no doubt, for citizen» to bury themselves under the ruins of their city rather than surrender it to the enemy ; but tlmt man never was reputed a traitor who, no longw able to resist a bar- barous and triumphant enemy, has sought, by an hon- 1816.]- BEFLB0XION8. 571 orable oapitulatioo, to preserve for hiskchildren the roof undi^if which they were bom.'* Such may have been the domiBant idea in the mind of more than one of the members oi the Legislature. Accordingly, those whose views agreed on the subject may have met to consult together and attempt to devise some means, l^al in their opinion, by which they might prevent the calamity they dreaded. They might have consido^ it as one of those "contingencies amd unforeseen cases which they said might arise and might require the interference of i;be Legislature/' and to meet which they had refused to ad- journ, when desired to do so by Olfdborne and Jack«on. Those members may, in an informal way, have sent a Com- mittee to wait OB- General Jackson, to know his real in- tentions, as he mentions in his letter of the S2d of May, 1824 ; and as this may not have been done in any of their regiilar sessions^ ^ther public or secret, according to officiiid forms^ but in one of those in«gular meetings which are i frequently preparatory to legiidative action, it is not astonishing if no record was kept of such pro- ceedings in their journals. Their object may have been to capitulate (ffter a disaster, and the public, alarmed at what may have a|q)eared to be indicatioiis or symptoms of disf^Soction, agitated liy the reports of aeexet sessions, mis- cimstniing ambigaous expressions^ exaggerating the im- port of hasty words of passion or .vague threats, may have supposed that the intentioii, of the suspected mem- bers was to eAfiinlatB before a disaster-^which was very materially diisrent. Hence ^a public excitement; hence the strange declaration ci Claiborne to the Legis- lature: ^ If ye)a had met on the 2Bl&'of Becember, there probably would have been a popular commotion which it might have, been impo8siMe^taj8]»*osft-' ^ ^ Although there might have existed, md, according to Claiborne's pontive and official declarations, there did -.'■■Mi' ,. 'iii''^'> '-'■•■ 'il ;<^-rf'' .'.•1' .. •■■'■■■''■' I :i^r. yj'-.: t [,i ■ ■ m ^ 573 BEFLBOnOKS. [1815. exist, among tho jmblio considerable apprehensions that the Legislature entertained some mischievous pi)rt>oses of capitulation, whilst our forces were still conironting defiantly the enemy, and although these apprehensions can be easily conceived, because in days of great and immi- nent dMiger the masses seldom reason and are canned away by impulses, yet we do not believe that General Jackson anticipated any such action on the part of the Legislature, because something like absol^ute impossibility would have stood in their way. It was evident that as long as his army remained intact between New Orleans and* the enemy, the Legislature, if unpatriotic and ill- disposed, could not treat with the enemy without his consent, even if they had possessed the competent au- thority. But he probably knew that he was bitterly censured for his supposed intention to destroy the city, rather than allow the British to take possession of it; he may have believed in a disposition, on the part of certain members of the LegialMure, to attempt to frua* trate that design in case of a disa^b^ to his army ; and he may have looked upon it in a very different light from what they did. They thought, as expressed in the Re-, poii; of the Committee of Inquest, that it was no treason. He may have thought it was. He may have thought that, as Oommanderiu-Oyef of the forces of the United States, he was the sole authorii^' to decide wheth^ or nqt the destructi ' f, »vi*- J * I •.»'-r.4-# ; ,:•! "■',■:'''■ ■ t .T». .' '■:^x \ i I ■•/ ft 574 BEFLEOnOKB. [1815. m Vt-h "Bxifkih^ and Ihfii Moscow htA iMcin deserted by its popn* lation before it was burned. We believe that" this would have been a legitimate interference, and would not have been looked upon by JackSon as exceeding their proper sphere of action. We are under the impression that, whilst assuring the General that they were still disposed to co-operate with him as they had previously done, to the ^11 extent of the resources of the State, and ready to make eveiy eacrifice whicb patriotism tntght require, and whilst disclaiming all idea of entering into any conflict with the exercise of his military authority, and leaving with him all the unrestrained responsibili- ties of his acts as Gommander*in-Ghief, they might have remonstrated with him on his determination to d^roy New Orleans, as not being in their o]^inion an imperious necessity of defence, and as a measure which Would have inflicted on the oomniiunity incalculable losses and sufferings without adequate results. Such a course, which would have threatened no resis&nce to what he might ulti- mately decide, would have entitled them to his respect and confidence, to the commendation of the world, and might have strengthened their rights to claim afterward from the United totes a full compensation for the wanton destruction of th«ir property. Such proceed- ings, held openly, in broad daylight^ conducted trith modeihttioh and with the defefchce due to hiM who was intriist^ with the defencir bf the State, m%hi, if it c6ifM t^ hate prevented the dreaded calamity, have pat it bey(^d the pow^ of their enemies to misrepresent their intentio^f*. » ^ liieli^^tfs we admits Gek^n^ Jackison, w« canaotr 'coin- cide it$^ th^ liC^slftture ki eorameniing him flor the ^ prade^ce, patriotism and ^rc^^ty '' of his mesii^'to Cla!bd!pi# 6n the 261k of I>#^nib;e^a uMssage which he sent on the mere informatioti of a militia colonel 1814.] BEFLE0TION8. 576 10 waft if it repot 9irt whose name be did not even know at the time. The General underHtood the Governor to accuse the Lc^sla- ture of treason, and what was his order? **Tell the Governor to make strict inqniiy into the subject ; and, if true, to blow them up," — ^which meant : tell the Gov- ernor that I empower him to decide if his own accusa- tion is well founded, and in that case to appb' the penalty which I decree — "blow them up." We i.uspect that Duncan, who was a lawyer, and understood the rights of the accused, was struck with the monstrosity of the order of which he was the beai'er. He well knew that if the members of the Legislature were guilty of treason, if they had committed any overt act, they might be arrested, but that they we]*e entitled to trial, and that the Governor of the State was not the competent tribu- nal before which that trial could take place. He knew very well that if, on the other hand, they had jot com- mitted any overt acv, but merely meditated treason, they might be prevented ^m carrying their purposes into execution, but that they could not be punished for a mere intention. Hence his changing of the order, ac- cording to all probabilities, and his merely "requesting the Governor to prevent the JJegialature from meeting in order to ward ofF the anticipated eviL'** We cannot but remember that General Jackson, when he gave his celebrated order, had received the informa- tion which provoked it^ within the hearing of his troops and in the midst of a battle, and we are willing, there- fore, to make ample allowance^ for the. ciruumstanoes in which he was placed. Z^everthdess^ we think that the Legislature oiight to have piotested in suitable terms against his message, to Claiborne, as b^g wrong in itself and as estabUshkg a dangefoos precedent, «nd that, at the sfime time, they ought to have had the mag- * flee DoaoftD's Teettnioiiy, Joamal of tlie LegUatiire. r'^:. 'Hv»*. 4: ; .», ti I*' ..'^•' \t t' ''\ '■■. '»**•; L ■•.•■•li '- ••■.; , 1 '-•■■'U'Kfs'f i\ ■•-■ '^r^t- I i'. •.•■■'' : -■* I 676 BEFLEOTIONS. [1810. f> iV! i '<<> &: nanimity and justice to vote him thanks and the proper testimonials of gratitude he was entitled to for his mili- tary services. We think that, on receiving communica- tion of Jackson's letter to Claiborne, on the 6th of Feb- ruary, in which he expressed the opinion that it was " as much for the honor of the members of the Legislature as for the interest of those whose defence was intrusted to him," that he should proceed to an investigation of the causes which had led to an accusation of treason against their body, they ought to have shown their grati- fication at his determination, and instead of contenting themselves with coldly sending to him a copy of the pro- ceedings of their Committee, they ought to have ex- pressed the wish that he shoidd go on with his own in- vestigation, in order, as he said, *' that if any officer of his army had uigustly brought such an accusation, he should be punished as he deserved, and the innocence of the calumniated be made manifest ; and on the other hand, if the charges were well founded against some members of the Legislature, that they should be prose- cuted, and the rest sheltered against Airther suspicion.'' They might have made their position still stronger by appointing a Committee to join and assist him in his in- vestigation. If such an attitude had been taken by them, they would not have inade themselves liable to 'Ihibodeau's reproach in his letter to Skipwith : ^ that a supine silence appears to operate on the part of the members of the General Assembly as a conviction of the truth of the aocusati<)n." We think that the mild censure which the Legislature passed on Governor Claiborne for his blind and unoon* stitntional obedience to Jackson on the 28th was not sufficient We think that they o«ight to have demanded of bim full and satisfactory explanations about the con- tents of his commukiication to them, of the 4th of Jan- 181S.1 BEFLEOnONS. 577 liar}- ; we think that they onght to have appointed a Qommittee to inquire into the causes of the suspicions which, according to the Governor's assertions, had taken such root in the public mind as to work injuriously to their character and their usefhlnn^ as Representatives of the people, and v^Mch had prevailed to such an ex- tent that, **had they met on the 28th, a popular commo- tion might have taken place.*' It would also have been necessary to have had it eipkined why they had been made more obn^;' . t ■Sl .r^::* . -t ^^ ... M^A^^ n^ J^ LOUAILLIBR'S TRUL — HIS ACQUITTAL — RELEASE OF JUDGE HALL — TRUL OF OBNEBAL JACKSON — HIS DEFAI^T- UBB. 1815. :»;-■■■.,;> .Mi. , i. ' The Legislature had adjoiimed on tbe 6th of Febrna- ry, with Ml conildenoe ' that IxnriBiana was free Ax>m danger; tbii impression was shared in by the people, ana partionlarly by the militia, who, unused to the hard- ships and irksome discipline of camp life, were anxious to resume those industrious and profitable pursuits from which they derived their support, and the comforts with which they surrounded their families. The fall of Fort Bowyer they considered as of no importance, and as the last expiring effort of the enemy. Rumors that a treaty of peace had been signed between the United States and Great Britain were also rife and generally credited. This circumstance increased the impatience of the militia to be relieved from military duty. So excited the pub- lic became on the subject, that Jackson thought proper, on the 19th of February, to issue the following address : "Fbixow-oitizeni^ and Soldixbs: \ " The flat,-V'.Hsel whioh was sent to the enemy's fleet hati re- turned, and brings with it intelligence, extracted from a London (678) 1810.] JAOK.'^Olf H AODRSM TO TUB MILITIA. 619 NB — HE -PAVPH- LLAKDBR BOX AMD BBLEABE DEFABT- Febnia- ee from people, he Lard- anxious its from B with of Fort id as the a treaty tea and iredited. militia e pub- proper, dress : \. . ■ i let had re- London paper, tT>At, on thu J4th of Deoember, articles of ])eaoe ware aignetl at Ghent, by the Amerioan Coinmisuouen and thoae of her Brit- annie Mn^jesty. ** We mnst not be thrown into fhlse Beonrlty by hopes that may be delusive. It is by holding ont snob that an artflil and insidious enemy too often seekt to aooompliith what the vtmost exertion of his strength will not enable him to eftot. To put yon off your guard and attack you by surprise, is the natural expedient of one who, haying experienoed the superiority of your arms, still hopes to overcome you by stratagem. Though young in the tradt of war, it is not by inch artifloes that he will deoeire as.* " Feaoe, wbenover it shall be r»tive that can op- erate on men who love thoir country, and are determined not to lose it, calls upon us for inereased vigilance and exertion. ** If peace be near at band, the daya of om- watchfyilness, of onr toila, and our privations, will be proftortionaUy few t if it be Idis- tant, we shall at any rate haiten iVi arrival by being constantly and everywhere pre|>ared for war. "Whatever be the" designs of the enemy, we mast be ready to meet them. Should he have the temerity to assail as again, we will once more drive him igncMniniously fiNMn our shore; if he places his hopes of success on atvatagem, onr wttbohfWlness will disappoint him; if on an exertbn of his strengtl^ we have proved how Buooessftilly that can be resisted. " It is true Fort JSowyer has fidlen, bnt it must and will be speed- ily regained. We will expel the invader fi , -f '■'%U'-"- 580 GENEBAL JACKSON AND THE FBENCH. [1816. Mi m m m was a necessity for their being in arms, were all enthusi- asm and patriotism ; they had been heroes when the country required it; now they wanted to be, as speedily as possible, farmers, merchants, brokers, mechanics, law- yers, doctors, anything else than a soldier. They were burning to be at home with their wives and children, far away from the tap of the drum, luxuriating, however, in the recollection of past perils and the consciousness of having donOf^ their duty. On the 22d, a Gazette of Charleston *was received in New Orleans, announcing that the Treaty of Peace had been ratified by the British Government. This intelligence swelled to overflowing the joy which was fillill|g np every heart, and the clamor for the disbanding of the militia, or the greater number of them, became louder and louder. The French, who, with the approbation of their consul, Tousard, for they had not needed his instigation, had flocked to one man around the standard of the couiitry they resided in, and had contributed so effectually to its defence, now that thej' thought their services no longer a matter of abso- lute necessity, now that they had enjoyed the satisfac- tion of seeing their hereditary foe fly utterly discomfited before them, were anidous to resume their independence. In the presence of the hated British flag they had forgot- ten that their own Government had become friendly to that of Great Britain ; they had ceased to be Frenchmen ; they had scorned to claim themselves aliens in order to avoid bearing arms ; they had become Americans to fight the veterans of Wellington ; but this object being once ac- complished, they were Frenchmen again, and as such, they asserted their right to leave our ranks as freely as they had entered tLem. A number of them obtained certificates from Tousard as to their natianal character, which they presented to General Jackson by whom they were countersigned and the bearers permitted to be dis- '■■^li 1815.] GENITBAL JACKSON AND THE FRENCH. 581 chai'ged. Bat, in a few days, so many of these certificates were issued, that Jackson suspected them c^ being im- properly granted by Toimrd. Bemonstranoes were made to the Conical, his replies or explanations were not deemed satisfactory, and, on the last day of February, General Jackson published a General Order, commanding all the French subjects to retire into the interior, to a distance not nearer 4han Baton Rouge. This measure was stated in the Order to have become indi^ensable by th^ frequent applications for discharges, llie time al- lowed to leave the city was short; it did notexoeel three days, after which, the French remaining in the city were to be registered and r^ain subject to his fur- ther orders. Tousard immediately applied to the Gov- ernor for the protection of the French subjects. Hia answer was, that the Executive of Louisiana had no con- trol over the acts of the federal officer commanding the military district within which it was inclosed. *' Wheth- er or not," he said, " the rights secured by treaties and the laws of nations to the subjects of His Christian Maj- esty residing within this State are violated by the Gen- eral Order of which you complain, is a question not for me to determine. It properly belongs to the judicial power, and there can be no doubt but, on proper application, it will interpose its authority in such manner as justice and the laws shall prescribe." Tousard was, perhaps, preparing to act according to Olaibome^s advice,, when Jackson, colisid^ng that the French Consul was inter- f(^ng with hi^ authority as Military Commander, order- ed him out of t^e city, which order was instantly obeyed. The French, w]l0 W(»^ already exasperated, thinking that such a treatment offer^ to their Consul was a national insult, were fired with indignation, and ^y talked and acted as people who are in such a state of feeling usu- ally do. Was this the return for all th«r services tend- i ^*« — " . I •^' -t.. M. • •• -^i', ■■ i\ •<-, -i:<'.i>"r; f ■ ■p-^t--. :^ ' *■ 1 ' ' 1 ■ ■•: :''■•,., : '^A'^< ( ■■ r. m 582 GENEBAL JACKSON AND THE FRENCH. [1816. ;.ri'- V,f erect spontaneonsly and greedfly accepted 9 Those who were blinded by passion even asswted that Jackson could hare done nothing witkotii the French^ and that he had been guided entirely by French officers in all his meas- ures of defence. Were not the fortifications planned by Lafon, Latour and others ? Was not Captain St. Geme of the dismounted dragoons, always at his elbow, and si^- gesting all his military movements'? Had not Flaugeac, Beluche, Dominique and Lafitte won the battle of the 8th of January with their artillery ? General Jackson, if diey were to be believed, could not command a company ; he was even ignorant of the very terms used in military science. The saving c^ New Orleans, if not due to the French, was certaialy not due to the capacity of General Jackson, but to the arrant stupidity of the British, who, if they had acted as they should, ought, on the 23d, to have caught the Octoimandeisini-Ohief of the Amer- ican forces in his bed. Language of this disparaging nature was but too freely used. "Let him treat his Kentuckians and Tennesseeans with his accustomed ar- rogance,'* said others, " but we shall teach him that we are not his subjecta" These murmurs and threats could not but reach the ears of General Jackson. He was not slow in picking up the gauntlet 'which had been flung at his fset as soon as he could lay his hands on some t6- sponsiblo individual. This measure of expulsion adopted against the French was considered by many as harsh and impc^itic. It was harsh, because " the pec^le against whom it Was directed," says Judge Martin, in his Hiitory of Louisiana, " were loyal ) tbany of them had bled, all had toiled and suf- fered in the defenee of the State. Need in many in- stances, improvidence in several, had induced the families of these people to part with the furniture of their houses to supply those immediate wants^ whidh the absence of m € [1815. )8e who JackBon that he lismeaB- tined by it. Geme and sag- ^laugeac, f the 8th Q, if Aey )any; he mUitary ae to the P General ish, who, le 23d, to le Atner* ^para^ng treat his omed ar- I that we tats could was not sn flung somere- le French ItW»B lirectedf |a, " were and snf- laay in- families kir houses )8ence of 1816.] GENERAL JACKSON AND THE FRENCH. 583 the head of the family occasioned. No distinction, no exception was made. The sympathetic feelings of every class of inhabitants were enlisted in favor of these men ; they lacked the means of sustaining themselves on the way, and must lame been compelled on their arrival at Baton Rouge, then a very insignificant village, to throw themselves on the charity of the inhabitants." It was impolitic, because if the British returned, as General Jackson seemed to apprehend, he would discover that he had imprudently dismissed and alienated men whom he had found so useful as artillerists, engineers and sol- diers. Thus reasoned those who blamed the General. On the other hand, those who supported him maintained that the French sounded and trumpeted their services too high. True, they wore entided to much gratitude, but, at the same time, they seemed to forget that Tuany of them, although foreigners, had fought to protect their own property ; that those who were domiciliated were bound, although aliens, to defend in ease of invasion the country where they resided and which protected their persons, whether they had property or not ; that those who were not residents, but mere transient persons, could not be permitted to remain within the lines, if they refused to serve ; that New Orleans was a camp ; and that in a camp adl capable of bearing arms must be subject to military duty ; that those who complained of the " order'' and might suffmmandtir>in-Ohief as to tiie proper time f^ their discharge. What great ^ # ■■■•;• f'*v. li - .«■" ■ - ■;• v'> . ■ fi- '*' .■ ..J •:■: '^if. • A rf ■ -V i -. ■%^r ■; 4..' * J I :».■"■ :' 1 :■■:'; ■^'"'*/- "i '•: ■ ,«d:iip^<- ', ■<^^ Z-t: t - * '.■ '■ j:'K'. hardship w^s it to wait a few days for the ratification of the treaty of peace ? It could not possibly be de- layed more than two or three weeks. To be retained in the ranks for so short a time, in a large city where they were among their friends and provide with many com- forts, where they had the opportunity of seeing ev6ry day their families, who, although suffering privations, were assisted by the City Council, by Legisliative appro- priations, and by private liberaUty, and therefore far from starving, was not after fdl so intolerable a con- dition. But granting that they suffered as much as they represented, it was for the general good. Their sufferings were but a partial ev9; better that, than the country should be endangered. Admitting that there was no necessity for so much caution on the part of General Jackson, could they not appreciate his motives ; and if he erred, could they not have« some indulgence for the chief who had led them to victory ? Wlat object of personal advantage could he obtain by insisting up<^ detaining them, under arms for a few more days ? The obvious reason was that he could not permit such a large number of men to leave the army ; the rest would be disorgan- ized and could not be kept together. It w^ further alleged that these manifestations of discontent would not have taken place, if the incident of the 28th of Decem- ber had not occurred ; and that the " French Party" in the Legislature, who had prevailed upon that body to abstain from voting thanks to General Jackson on ac- count of the seci'et resentment Whi ■ t ■•Mr, .■•■■;.iV; ':-,'-^r/ ■':■]] ^■^^■^•': J] ,.• <■•:-/'■ '•'• 1] .■; :■•■,;• ) :.-^>;-^ '■■ V ,-. V ••• *< ''■ '■, •■J . -•* • •>] %'■'■ '■ ■''' ; i*-i. 588 iouaillier's publication. [1816. I'f •if*. % M' ably to enjoy among us the rights secured to them by treaties and the laws of America, far from sharing in the sentiments which have dictated the General Order, we avail ourselves of this opportunity to give them a paUi« testimony of our gratilade. " Far from as be the idea, that there is a single Frenchman so pusillanimous as to forsake his country merely to please the mili- tary commander of this district, and in order to avoid the proscrip- tion to which he has condero led them. We may therefore expect to see them repair to the Consul of their nation, there to renew the act which binds them to their country. But supposing that, yield- ing to a sentiment of fear, they should consent to cease to be French citizens, would they by such an abjuration become Ameri- can citizens ? No, certainly they would not ; the man who would be powerftd enough to denationalize them, w .'uld not be powerful enough to give them a country. It is better, therefore, for a man to remain a fkithfhl Frenchnum, than to suffer himself to be scared even by the martial lawj a law useless, when the presence of the foe and honor call us to arms, but which becomes degrading, when their shameful flight suffers us to enjoy a glorious rest, which fear and terror ought not to disturb. "But cotdd it be possible that the Constitution and laws of our country should hare leflb it in the power of the several commanders of military districts, to dissolve ijl at once the ties of friend«ihip which unite America and the nations of Europe ? Would it be possible that peace or war would depend upon their caprice, and the friendship or enmity they might entertain for any nation. We do not hesitate in declaring, that nothing of the. kind exists. The President alone has, by law, the right to adopt against alien enemies such measures as a state of war may render necessary, and for that purpose he must issue a proclaraation ; but this is a power he can- not delegate. It is by virtc«i of that law and a proclamation that the subjects of Great Britain were removed from our seaports and and s^ shores. We do not know any law autho|rizing General Jaekson to aj^ly to alim friend* a measure which the President himself has only |)he right to adopt against alien enemies. ' *' Our laws protect strangers who come to settle or reside among us. To the Sovereign atone belongs the right of depriving them of that protection ; and aU those who know how to appreciate the title of an AxueAwn oitiMB, and who art acquainted with their prerogatives, will easily understand that, by the SovcrefgD. I d)p by no means intmd to designate a Miflor-General, or any other mili- ^ tary commander, to whom I willingly grant the power of issuing ^Pl^: 1818.] LOUAILLIEB 8 PUBLI' ION. 589 general orders like the one iii question, but to whom I deny that of having them executed. " If the last General Order has no object but to inspire us with a salutary fear ; if it is only destined to be read ; if it li not to be followed by any act olhriolence ; if it is only to be obeyed by those who may choose to leave the city in order to enjoy the p«re air of the country, w^e shall forget that extraordinary order; but should any thing else happen, we are of opinion that the tribunals will, sooner or later, do justice to the victims of that illegal order. " Every alien friend, who shall continue to respect the laws which rule oar country, shall continue to bo entitled to their pro- tection. Could that General Order be applied to us, we should calmly wait until we were forced by violence to execute it, well convinced of the firmness of the magistrates who are the organs of the law in this part of the Union, and the guardians of public order. " Let us conclude by saying, that it is high time the laws should resume their empire ; that the citizens of the State should return to the fViU enjoyment of their rights ; that, in acknowledging that we are indebted to General Jackson for the preservation of our city and the defeat of the British, we do not feel much inclined, ' through gratitude, to sacrifice any of our privileges, and less than any other, that of expressing our opinion about the acts of his adminis- tration ; that it is time the citizens accused of any crime should be rendered to their natural judges, and cease to be dealt with before special or military tribunals — a kind of institutions held in abhor- rence even in absolute governments ; and that having done enough for glory, the time for moderation has arrived ; and finally, that the acts of authority which the invasion of our country and our safety may have rendered necessary, are, since the evacuation of it by the enemy, no longer compatible with our dignity and our oath of making the Constitution respected.'* ' . i -< The very next day, the 4th, Jackson ordered the arrest of Louaillier, and, in explanation or in support of his order, the piiblication of the Seoond Section of the Act of Coo^ess for establishing Bules and Articles of War, which reads as follows : " In time of war, all persons, not citizens o^ or owiug allegiance to, the United States, wiio shaH be fonnd lurking as spies in or about the fortifications or encampments of the armies of the United I, ■fi ■■ ■'■■$ , HI ': ^J '"i.?'*^- ■■ j1 ■ ■;■ ,' ■ f \ .■V, •>«•(; 5 ■'. .»* ■: •. 1 V it] * 1 •*■■ ■ 'J ; . *. I. ;■ f,T'... i'%: .■■^^f" '■ 590 ARREST OF LOUAIXLIER. [1815. iv' mm ^i, Wm ^S W^m h|SI ; ' H^Wh Su*tf * 1 i 1 p ^p w^^' m K: jl^Smm |^SwT^<4 MK^fl^ wBK'^ •*. Mppa 1 1 Status, or an}' of them, shall suffer death, according to the laws and usages of nations, by sentence of a general court-Qiartial/' On Sunday, the 5th, at noon, near the Exchange Coffee House which was tht n a place of much resort, Louaillier was arrested. He instantly desired Morel, a member of the bar and a man of great energy, who happened to be near him, to adopt legal means tor his relief. Morel immediately applied for a writ of Hab- eas Corpus to Martin, who had, at last, been recently ap- pointed with the consent of the Senate, to occupy the seat so long vacant on the bench of the Supreme Court on account of the persevering rejection by the Senate of all the nominations made by the Governor. But Mar- tin refused to interfere on the ground that, in a previous case, the Court had already decided that, having only ap- pellate jurisdiction, it could not issue the writ of Habeas Corpus, especially as it was alleged that the prisoner was aiTested and confiuv >d fortrial bet()re a court-mailial, under t^e authority of the United States.* Morel's next step was to apply to Hall, the District Judge of the United States, for a writ of prohibition, to stay proceedings against his client in the court-martiaL As it was Sunday, the court was not in session; Judge Hall expressed a doubt of his authority to order such a writ in Chambers, and said he would take time to consider. Morel withdrew, but soon after returned with a petition for a writ of Habeas Corpus, which Hall ordered to be issued after exacting of Morel the promise that he would, before the serving of the writ, have the courtesy to give General Jackson information of his application for it, and of the order of the Court. Morel's oommunication prod.uced one of those terrific explosions of anger to which, Unfortunately, the General was but too much in- clined. He immediately wjoie to Colonel Arbuckle » Martin'B History, p. 894, vol. 2, Do. p. 896. 1815.] ARBBBT OF JUDGE HALL. tw that, having received proof that Dominic A. Hall had been aiding^ ahetHng and eoDoiting mutiny in hie camp, he demred that a detachment should be sent forthwith to arrest and confine him, and that a speedy report be made of the execution of the order. " You will," said the General, ^' be vigilant, as the agents of our enemy are more numerous than we expected. Yiu will be guarded against escape.'* Hall was an Englishman by birth, and this circumstance perhaps contributed to in- flame the wrath of General Jackson. The judge was arrested in his own house, at nine o'clock in the evening, on Sunday, and taken to the Bar- racks where he was confined in the same room with Louaillier. As soon at this was asceiiained, an officer was sent to demand from the derk of the District Court of the United States the surrender of LouaiUier^s peti- tion, on the back of which Hall had wiitten the order for issuing the writ of Habeas Corpus.* The clerk re- plied, that according to the rules of the court, he could not pai>t with any original paper filed in his office, and that he was ignorant of any right in the Commander-in- Chief to interfere with judicial records. After much so- licitation, however, he was prevailed upon to accompany Jackson's emissary to headquarters, and carry with him the document for the inspection of the General On his arrival, he was asked by Jackson whether it was his in- tention to issue the writ ordered by the imprisoned judge. The clerk firmly answered that, "it was his sworn duty to do so, and that he, most assuredly, would not fail to perform it." He was threatened with being treated like the judge, but he boldly persisted in his determination, and, on retiring, asked for the return of the petition which be had handed to Jackson fer perusx al. He met with a peremptory refusal ; he was told that * Martin's History of Louisiana, p. 897. .» .t». ■;■." il . I. . «i ■sj .••■■,■. i! ■ V'lfT 1 ^^ ■,.'.■■ '" ■ ■'■■ *,.'. J :■■■-■ :\v V' : 1 i r \ ' V 'v p,., M m-. 592 FIBMNUiiB OF DITJ<£A8IS. [1810. the poper waa retained to convict the judge oi forgery ^ because he Lad altered the date from the 5th, which was originally that of his order, to that of the 6th. This had been done on his reflecting that the fifth was Sunday. At this juncture, an express arrived from Washington, bringing intelligence that the treaty of peace had been rati- fied, and that the exchange of the ratificationb had taken place on the 17th of February, but, " by some unaccount- able accident, a dispatch on another subject had biirier and I attracted Dg late in ihal of the luring the Jackson, On seeing lying: **I ery grave, itruck the ►u would luplessis ; [, as such, ict to me. do so ;" )se frown- : "I will, y man.^^ of mar- 1810.] ARUK3T OF DICK A>T) HOLLANDEK. m\ tial law which was lying on a table, and said with emphasis : " I also will » ■. f V I ''I . ; '.I ' K "'. ■• '.. • 1 38 '»:'-^- Ik 594 THE JIILITIA DISBANDED. [1815. C'" <■■■ [i' ■■ J, ' ' ^>' ^rj # . fe *'•■'■■• If-: rested. But Dick* was confined at the Barracks with Hall and Louaillier. On the 8th, perhaps as a set-off to the rigor of these proceedings, and as an act of conciliation, Jackson issaed the following " general order," disbanding the militia of the State : ^ " Although the commanding General has not received official adyioe that the state of war has ceased by the ratification of the treaty of peace between the United States and Great Britain, he has persuasive evidence of the fact, and credits it, at the risk of being misguided by his wishes. IJnder this impression, his first act is to release from actual service the body of the militia of the State, who have taken the field in obedience to the orders for a levy en masne. In discharging them from the noble duty which they were called to perform, the General does justice to the alacrity with which they have in general obeyed the call, to the enthusiasm which animated them on the first invasion of the enemy, and the unanimity and patriotism which disappointed his insolent hopes. He thanks thera, in the name o^their common country, for the noble defence they have made, and he congratulates them in his own, on the consequences it has produced. Louisiana, though not called on for any exertion in assuming her independence, has shown, by her courage in its support, that she knows how to prize the inestimable blessing ; her sons have not only insured safety, but have acquired even a greater good — ^national reputation." This was again another full tribute paid to thepatiiot- ism of the Louisianians and a complete vindication, if they had needed any, against all those rumors of dis- affection and treason which had been circulated against them : ** Preserve this national reputation," continned. Jsokflon, **a8 the best reward of your exertions, and hand it down lU^amiBhed, to- gether with your ejcample, to your posterity. Let no designing mesx induce you to destroy it, by exciting jealousies of your best * Clidbome'il Letter to tlie Seeretaiy of State, Maidi 10, tSli. BxecuttTo Jovnud. 1815.] JACKSON ON POPULARITY. 595 Mends, or divisions among yourselves, by preaching party spirit in peaoe, insubordination in war, injustice to your brave compan- ions in arms, blindness to your own interests and, to the true character of those enemies of your peace. Guard against these evils as you hope to enjoy the blessings you have so bravely won ; and before you yield to such perfidious counsds, examine scrupu- lously whether those from whom they proceed, deserve your confi- dence by any exertion they have made in your defence." This was a plain allusion to those against whom he was contending. He then asseverated that a zealous wish for the prosperity of the interesting country in whose defence he had been instrumental by the blessing of Heaven, had Induced him " to give this admonitory cau- tion, wWch those who court popularity might represent to the people as being unnecessary." He, however, valued no popularity but that which arises from a faith- ful discharge of duty. He assured the Louisianians that, in perfortning that duty, his sole object had been to secure their happiness, an J that he would always con- sider it as one of the most fortunate incidents of his life, to have contributed by his exertions to the pros- perity of their country. This was tety soothing latignage, Mid, as he seemed to be now in a relenting mood, he suspended, until his pleasure should be farther signified, the order of expul- sion he had issued against the French, who^, regardless of it, ha^ all remained quietly at home. He stated that he granted that favor at the solicitation of the principal militia companies of the city, who had pledged them- selves fbr the fhture good conduet of the French sub- jects. This was pouring some oil on the stormy waves which wer^ ef ery moment lashing theniselves into greater fury. But it was too late, and it was not enough. The excit«xneiit was too intense^ and nothing would have appeased it but the immediate release of the prisoners and the revocation of the proclamation of martial law, ..' 'vis: M &.• -::} ■ > i( ' ci^ •■♦. :>•■'•■■.■ , , , ;f. '4 4it' ■ifM^ t-. ( • '1 . . i I* r. 596 CLAIBORNE AND JACKSON ON BAD TERMS. [1816. 0. tit m '■i» . and Jackson was not disposed to yield to that extent^ if; disposed to yield at all. Those i|ho were most indig-t nant against the General, and were the loudest in the es-' pression of their feelings, were encouraged by the know% ledge that Claiborne, who had been accused of timidity and of bending too much under the federal rod, wa»* now disposed to show more energy, and to use what au* thority he had for the protection of the citizens. The Executive of the State had long been on bad terms with General Jackson, by whom he thought that hel^ad. been treated with studied neglect. When the appointment of the volunteer Aid»de*Camp to General Jackson, and that of the Judge Advocate,/ appeared in the '* general order "of the 17 th Decepiber,. 1 814, Claiborne had observed to his Aid, Colonel Shaum- burgh : '' These men will do me much harm, if the Gene* ral suffers himself to be imposed upon."* It seems that Claiborne's apprehensions w^e soon verified. **From that moment," wrote Shaumbmgh to ClaibQrne) *' the intercourse between you and the General became less Sequent, and I know also that the General oftlem fbund? fault with you ; but whether it proceeded from the in- trigues of those gentlemen, I am no|^,dble to determin^.j, I am, however, aware that they were «;^ vemmont to dispense with the services of the whole until offieial notice oi the raUfioAll.<«<^ the treaty of peace." ixp Claiborne does not appear to lutve' had any reason to congratulate himself on the manner in' which his sugges- tions were receive4, and» m the name day, addreseed this commuDieation to MaeoreAu, who had succeeded Martin as Attom^-GMieral for t]»e @t«te ! ** I find that the Martial Law "Wliich was pTooMlued in the City of New Orleans by the "General Orders'*' of the officer command- '*■■".* ■ • ' '<"'*.■ i . 31 '-'■' Pv -1 r^>> ... , *■':••■ i. ' 1: ::^i- ;*,*■ ■ ■ ■ ■' " "» '■ i ".'■•erf- ■:'*r..\v ,'*.'t,.:'.:' •tV*t-:' .■ ^^■'■^f-. : •":■■!:-' 598 CLAIBOBNE TO MAZUEEAU. [1816. i^ ing the forces of the United States, in the Seventh Military District of which this State makes a part, continues to be enforced to the injury of our fellow-citizens. If the liability of an American citi- zen, not in the military service of the United States, to baVe his conduct tested by the arbitrary principle of Martial I^a w can ever exist, it cannot certainly be expected to be endured at another moment than that of the actual invasion of that part of the country in which it is proclaimed. Te^, although the enemy does not at this time occupy an inch of ground within this State, the capital of Louisiana, the City of New Orleans and its environs, continue to be the theatre of military dominion. The plea of necessity under which alone this measure is said to be grounded ceasing to give it any justificatibn, I can no longer remain a silent spectator of the prostration of the laws. I therefore request you, without loss of time, to repair to this city and resume your official duties, in order to give your aid to the civil magistrates, particularly the inferior ones ; and, on receiving information of any attempt of the military to seize the person of any private citizen not actually in the mili- tary service of the United States, you are specially instructed to take for his protection, and for avenging the injured laws of this State, such measures as your knowledge of those laws will point out." ii k'Jl'- ■ •• ' •jlV m M Claiborne also took the rather extraordinary step of sending to Governor Shelby of Tennessee and other persons in anthority, a oirculm'* in which he said : ' *' Yon will learn with regret that an unfortunate nusunderstand- ing exists between M^or-Generalt>.^jkso]tand the Legislative and Executive authorities of Louisiana, against the htter of which I have every reason to believe his resentment is more immediately directed. With a favorite and victorious ohi^, whose gallantry and exploits have attracted so much admiration^ I am well aware I can enter into no oouteet upon equal grounds. Thdre, however, is a shield which a'kmd Providence furnishes the cjnuse of justice and truth, which resists present attacks and grows stronger with time. On fbrmer trials I have experienced the stroigth bfthis khield, rior on the pitwent can it itil to extend to me the mott ample teourity. I acknowledge that Genecit Jackson has rendered important ser- vice, nor do I deny him the posseii^ion of some great qualities; but the violence of his temper casta a shade upon them all, and in this * Executive Journal. ■•> '4.4.. 1816.] LABGE MEETINGS OF OITIZENS. 591) capital he has observed a coune which cannot easily be excased, maoh less justified, by those who feel a proper regard for the rights of others.'* All these proceedings seemed to indicate preparations to resist tlie federal authority exercised by Jackson. The public mind was, therefore, much agitated at the pros- pect of such a conflict. Cl^borne* had been heard to declare in words of mysterious import : " That serious difficulties would be shortly witnessed in New Orleans." Large meetings of citizens were held ; some suggested that a formal rec^uest should be addressed to the Grov- emor, to put himself at the h<\ad of the militia of the State, and that Duplessis, the Marshal of the United Staten District Court, be invited to call out fche posse comitatus of the district, to support the authority of the judiciary. FortUixately, the counsels of moderation prevailed, and no other act of violence was perpetrated than the des- truction of a transparent portrait ot General Jackson, which had been displayed in the main hall of the Ex- change Coffee House. A number of officers immediately assembled, and compelled the proprietor of the Coffee House to exhibit a new transpai'ent like the preceding one, and illuminate the hall in more than the usual manner.* They took their stand near the obnoxious painting, with the obvious intention of resisting by foice any attempt to pull it down. It is even said thdt troops were in r^iness to march to the Coffee House on the first summons. New Orleans had become ^ike a maga- zine of gunpowder ; the least spark might have produ- ced an Explosion. Livingston, the great jurist, who was v". ^'-.T^ r 'I » ^' 1 ''i-4, U 1 : .'v',. i ' ••*• "•; 1 ■ ' " ■ ■''••}' ■*■.'' ♦ i .firii:: \ ;.i^ .•t< ' •. ^ " ■''■r ■■■.. : ' i ^i :•', 'f G02 TRIAL OF LOUAILLIEB. [1816. the proclamation of martial law. All these charges rested on one single fact — the publication of the 3d of March — and show what varieties of guilt could be ex- tracted from it. The prisoner, when brought to the bar and arraigned, I'efused to answer, and the plea of not guilty was ordered to be entered. His counsel pleaded to the jurisdiction of the Court, on the ground that :i.e accused was a member of the Legislature, and, as such, exempt from militia duty ; that the rules and articles of war were expressly established for the gover iment of the Army and Navy of the United States, and were not binding on any individual out of it^ that his client was neither of the army or militia, although, during the in- vasion, he had performed military duty in one of the volunteer companies embodied for the maintenance of order in the city ; * that the proclamation of martial law made no one a soldier who^was not so before ; that it vested no right in the General, nor imposed on any one any obligation which did not exist before ; that the proclamation of martial law was a mere warning that it would be enforced as it previously existed, and not the creation or introduction of something new. "What was martial law in the United States? It w *s no more than that code of regulations by which their martial affairs were to be governed. By what authority was that code to be established ? By the Legislative power sJone, and by that power accordingly it had been framed and made binding upon the land. Congress had prescribed rules and articles of war, and the President of th^ United States himself, as Commander-in-Chief, could not add anything to their provisions nor modify them in the slightest degree. He could no more make ma/rUal h/w, than he w^d. fisccH, comnwrciaH^ or crmdncil law. It is the province of the Legislature to enact a law ; it is the V. 4 f^> : w; ,, *Martin's History, p. 404, vol. 2. '.:.• [1816. charges be 3d of i be ex- > the bar )a of not pleaded that wiitt , as such, i articles ♦ iment of were cot ulient was g the in- ne of the enance of artial law e ; that it a any one that the ng that it 1 not the Vhat was lore than affairs that code Lone, and md made Ibed rules ife United not add in the iw. It is it is the 1816.] TBIAL OF LOUAILLIEB. 608 exclusive right of the Executive to proclaim and to en- force if. In the establishment of the rules and articles of war as prescribed by Oongress and in their legal ap* plication there was nothing, it was alleged, incompatible with the rights of the citizen, and the independence and ordinary authority of the Judiciary. On the other hand, it was maintained that, by universal usage, when martial law is proclaimed in a place^ all the citizens are subjected like the soldiers to the severity of military regulations, and that Lcuaillier could not therefore claim any exemption &om them; that he was in Jackson's camp, and as long asitfae remained there, and the procla- mation of martial law was not revoked, all his acts \;^ere liable to be tried by a court-m.artial in conformity with the rules and articles of war existing in the United States. The Court sustained Louaillier^s plea to its jurisdiction as to all the charges, except that of being a spy. The ground of this decision was, that Louaillier, not being in the service of the United States, could not be tried by a court-martial in relation to the other charges submit- ted to their consideration ; but they declared themselves competent to take cognizance of the accusation brought against him of being a spy. The decision of the Court was manifestly wrong as to the. last part of it ; they had no authority, under the 2d section of the rules and articles of war, to tryLonaiUier as a spy, because he was a citieen of the United States, to which he^ oived dllegicmce. In the case of Elijah Gark^ condemnedy in 1812, to be hung as a spy at Bu^o, in the State of New , York, by sentence of a court-martial, the execution beings suspended by General Hull until the pleasure of the President of the United States should l)e known, the Secretary of War wrote to the General, " that Clark, being considered a citizen of the United States, and not r liable to be tried by a court-martial as a spy, the Presi- ■'(■•' ■:v.*:5!' i ■K^ >!:;■' 1 1 ■ ^ "'A ■ i '-'■■■••• ^r. ■ - )' ■ •% > "'.»..' I,/ '■-' ;•■,^»;;^"• :' ^: 604 TRIAL OF LOUAILLIEB. [1816. (lent directed that, unless be sliould be arraigned by tlio Civil Court for treason, or a minor crime, under the laws of the Stftte of New York, he must be discharged*" In the case of Smith, a naturalized Scotchman, claiming damages for false imprisonment, the Supreme Court of the United States decided, that, '*as he was an American citizen, he could not be cl .^geable with such an offence as that of being a spy ; tLat he might be amenable to the civil authority for treason'^hMi, could not be prosecuted under martial law, as a spyJ^ The Court, however, although maintaining that they had jurisdiction to try LouaUlier as a spy, acquitted him of the offimce, on the ground that there was no evidence before them of Ms being fou^d '' lurking aboid any fortification w encampment of the Army of the United States" Whatever may be said of the other charges brought against Louaillier, it must be admitted tiiat the one which placed him before the Court-Martial as a spy Was most extraordinary, for it was a matter of public notoriety that he was a mem- ber of the Legislature, in which he had acted a conspi- cuous part ; therefore a citizen of the United States ; and not only was he not fov-nd lurking about any fortifica- tion or encampment, but he had openly taken an attitude of defiance against the Commander-in-Chie^ whom he had attacked by a publication which was destined to meet that commander's eye immediately after its appear- ance. But, setting aside the rules and articles of war as established in the United .States, what is a spy in the common acceptation of the word 3 '' It is a person* sent into 4n enemy's cam,p to inspect their works, ascer- taiu their strength and their intention^, to watch their movements, and aeoretiy communicate ^teiligence to the proper officer." Certainly^ it is difficult to imagine how General Jackson, even when laboring under the greatest '.4^^-"- * Webster's Dtetienary. 1815.] JACKSOTT ON MAKTIAL LAW. 005 •*' , excitement, could persuade himself that this definition of a spy coul< apply to LouailUer's character and position. On his being informed of the decision of the Court, which was given on the 9th, he had another of his ex- plosions of wrath. He refused to release the prisoner, and, on the next day, issued the following General Order : " The Commandiiig General disapproveB of the sentence of the Conrt-Martial, of which MajoivQeneral Oainea is Prosident, on the Beveral charges and specifications exhibited against Mr. Lonaillier ; and is induced, by the novelty and ilhportanoe of the matters sub- mitted to the decision of that Court, to assign the reasons of this disapproval. / " ** The charges against the prisoner >rere mutiny, exciting mutiny, general miscondnct, for being a <)py, illegal and improper conduct, and disobedience of orders, writing a willful and corrupt libel against the Commanding General, unsoldierly conduct, and conduct in violation of a General Order ; all which charges are, on the face of them, proper to be inquired into by a court-martial. The defendant pleaded td the jurisdiction of the Court, and founded his exceptions on matters of fact, which exceptions, as to all the charges and specifloations but one, the Court sustained, without in- quiring into the truths of the facts (which not otherwise could have appeared to them), U|)on which those exceptions were bot- tomed. " The Comman^g General is hot disposed, however, to rest his objections upon any informality in the mode of proceeding adopted by the Court ; but presuming that the Court really believed the truth of the facts set forth in the exceptions, deems it his duty to meet the doubts as he supposes them to have existed. The oharao- ter of the prisoner (a citizen not enrolled in aiiy corps, and a member of the State Legialattire, thott^ht that Legislatitre was not in session), probably, in the opinion of the Csourt, placed him with- out their reach upon the several charges on which they declined " The enemy leaving invaded jthe oonntry, and threatening an at- tack on Itfew' Orleans, auiiiy (SOQffit^etiltfdns growing ont of tMi contingency, and oohheoie^ with the diefende of the dty; rendered the adoption of the most energetic and decii^e measures neoes^ sary. Martial law, as the mo^t comprehensive and effectual, was therefore proclaimed by the Commanding General — a state of > I ...^ t '■f «^" ■T»L f' ^ ■ ; H t'.>, 1^ 606 JA0K80N ON MARTIAL LAW. [iOl0. things which made it tho duty of every inhabitant, Indiacrimin- ntcly, to contribute to tho defence of his country — a duty, in tho opinion of tho Commanding Qeneral, more {HMitive and more ur- gent than any rosnlting fit>m the common and URtidl transactions of private, or even public life. Tho occasion that calls it forth involves, at once, the very existence of the Oovemment, and tho liberty, property, and lives of the citizens. " Martial law, being established, applies, as the Oommanding General believes, to all persons who remain within the sphere of its operation, and claims exclusive jurisdiction of all offences which aim at the disorganisation of the army over which it extends. To a certain extent, it is believed to make ev^ man a soldier to do- fend the spot where chance or choice has placed him ; and to n.ako him liable for any misconduct calculated to weaken its defence. ** If martial law, when neoessity shall have justified a resort to it, does not operate to thin extent, it is not easy to perceive the reason, or the utility of it. If a man who shall, from choice, re- main within the limits of its operation, and whose house is without these limits, and who shall there labor by means in his power to stir up sedition and mutiny among the soldiery, inspire them with distrust toward the oommandiil|; officer, and communicate to the enemy intelligence of the disaffection and discontent which he him- self has created, may safely avail himself of what he may please to call his constitutional rights, and continue his dangerous machina- tions with impunity, the Commanding General believes that it can easily be conceived how a man, thus influenced and thus acting, might render the enemy more important services, and do his couii- try more injury than he possibly could by entering the ranks of the enemy, and aiding him in open battle. Why is martial law ever declared ? Is it to make the enlisted or drafted soldier sub- ject to it ? He was subject to it before. It is, that the whole re- sources of a country, or of that district over which it is proclaimed, may be successfully applied for its preservation. Every man, therefore, within the limits to which it extends, is subject to its in- fluence. If it has not this operation, it is surely a perfect nullity. Apply this view of the subject to the case berore the Conrt, and how is it ? After the adyoumment of the Legislature, of which the defendant claims to be a member, he remained within the camp of the Aperican army, and within the limits which are declared to be embraced by martial law. How doeg he then deport himself? In- stead of contributing to the defence of his country, instead of seek- ing to promote that unanimity which a love of country, and the indiBcrimin- luty, in the i»d more ur- traniinctions alls it forth ent, and tho lommandlng sphere of its QS which aim tends. To a loldier to do- and to ii.ake I defence. }d a resort to perceive the 01 choice, re- ise is without I his power to ire them with anicate to the [V'hich he him- nay please to pons machina- es that it can thus acting, I do his couii- the ranks of I martial law 1 soldier sub- the whole re- lis proclaimed. Every man, )ject to its in- srfect nullity. ie Court, and I, of which the the camp cf ieclared to be himself? In- [steadofseek- itry, and the 1815.] JACKSON ON MARTIAL LAW. M)\ important trust which had been reposed in him might have led us to^x|)ect, we behold him endeavoring to stir up discord, sedition, mutiuy ; laboring to disorganize and destroy an army which liad so lately defended his country, and might so soon again be ncccH- sary for its defence — not only inviting the enemy to renew his attempt, but contributing bis utmost to enable him to succeed, if he should obey the invitation. Is there no power to restrain the efforts, or to punish the wickedness of such a man ? If he aids and comforts the enemy by communicating to him information of tho mutinous and seditious spirit, of the distraction and confusion which he himself has created — why — this is treason, and he cannot bo punished by a court-martial. If ho excites mutiny, disobedience to orderSi, and rebellion among the soldiery, he is not attached to the army, and cannot be restrained. Why is he not attached to the army ? Why, at such a moment, when he remains within it, is he not subject to its rules and regulations ? If the enemy comes, may he fold his arms and walk unconcernedly along the linoto, or reiyain inactive in his room ? Can he not be called upon for his exertions ? May he not only refuse to render any assistance him- ' self, but, without fear or reproacl^ do all in his power to render in- effectual tho exertions of others, of that army which, in the most threatening crisis, is fighting for the liberty and safety of that country whose liberty and safety he professes to have so much at heart ? May he, at such < a moment, proclaim to the enemy that we are dissatisfied with our General, tired of the war, determined no longer to bear the restrictions which it imposes, in a word, dis- affected and disunited, and ready to yield to him on his first ap- proach ? May this man, a foreigner, retaining the predilections for the country which gave him birth, and boasting of those predi- lections, may such a man, under such circumstances, excite sedition and mutiny, division and disorganisation in our army ; and when he is called before the court-martial to answer for his crimes, say : Oentlemerty you have no right to take eognimnee of the ^J^encee of which lam charged f Decide with the aoonsed, no array can be safe, no general can command; disaffection and (Uusobedience, anarchy and confusion most take place of order and subordination, defeat and shame, of victory and triumph. But the Co^nmanding General is persuaded that this is a state of things whiolii: no Government can, or does, tolerate. The Constitution of the United States secures to the citiien the most valnable privileges ; yet tha^ Ccnistitntion contemplates the necessity of suspending the exercise of the same, in order to secure the continuance of all If it authorices the suspen- -' ■ H t: ! ... ;' K ' . *« i , .( i-.. * .1' 4' 608 JACKSON ON MARTIAL LAW. [1816. *"<. '■\- II f^^ sion of the Writ of Habeas Corpus in certain eases, it thereby impli- citly admits the operation of martial law, when, in the event or re- bellion or invasion, public safety may require it. To whom does the declaration of this law b^ong ? To the gnardikli of the public safety, to him who is to conduct the operations agailist the enemy, whose vigilance is to destroy danger, and whose arms are to repel it. He is the only authority present to witness and determine the emergency which makes such a resort necessary, and possessed of the means to make suitable provision for it. For the correctness of his conduct, under the circumstances which influenced him, he stands responsible to his government.** It seems, from the language and conduct of General Jackson, that his understanding of martial law was very diJOierent from the one entertained by jurists ; th^t he had concluded that the proclamation of martial law carried within itself, as ^, necessary consequence, the suspension of the Habeas Corpus, of all civil laws and constitutional privileges within the sphfere of its action ; that it \'ested absolute authority in the Commander-in- Chief, and was a thing so plastic and comprehensive that it embraced and meant whatever the ^^ sole ffvardia/n of the public safety''^ deemed Expedient — an opinion whi^ is generally favored by military men in such cir- cumstances. After the decision of the Court-Martial in the case of Lc'iaillier, the General foresaw that he had nothing to hope flrom the trial of Hall for aiding j ahettiiig and excit- ing mutiny in his camp. The sentence of the Court would, of course, have been a foregone oonolusion. There- fore he gave up the i^ of a criminal prosecution, and, putting the pisoner tinder a strong guard, ordered him, oji the 11th of March, to be led several miles beyond the limits of the city, where he was 1^, with a prohi- bition to return '^bt^bre the ratificaticHi ef the ^a^eaiy of peace should have been regula/rly announced, or the British should have departed from the Southern coast." [1815. rent oi re- rhom does the public he eaemy, re to repel ermine the tssessed of Dorrectness ed him, he f General was very ; that he artial law iience, the L laws and its action ; manderin- prehensive ,n opini<5n such cir- le case of nothing to (Old exdt- the Court )n. There- iition, and, lered him, les beyond a prohi- treaiyof or the ern coast. 1816.] MABIIAL LAW BEVOKED. 609 Op the 13th, early in the morning, the inhabitants of New Orleans were awakened by the firing of cannon, repeated at measured intervals. They rushed into the streets for inquiry, and in gladsome expectation of hear- ing the oSicial news of the ratification of the treaty of peace. They were not disappointed; a courier had arrived, at the dawn of light, with the important docu- ment which had been so long desired, and with instruc- tions from the President, directing General Jackson to issue a proclamation for the pardon of all military often- ces. There could be no longer any excuse for retaining Louaillier in custody ; the doors of his prison were thrown open ; the proclamation of martial law was re- voked ; the French Consul came back to resume his frinctions, and Judge Hall r^urned to town amidst the acclamations of the citizens. He was greatly and uni- versally esteemed, and was described* " as a magistrate of pure heart, cleaii hands, and a mind susceptible of no fear but that of God." General Jackson communicated ''with satisfaction '^ to the troops under his command the testrinonials which had been sent him c the "just sense which the Presi- dent of the United States entertained of their patriot- ism, valor and good conduct," and congiatulated them particularly on " their being able to receive this applause with the consciousness of having deserved it." In the communication which James Monroe, Secretary of State, had addressed on the subject to Jackson in the name of the Pref»ident, were the following ilines, which were re- ceived with pleasure, as making amends for suspicions which ought never to have been entertained : " To our newly adopted fellow-citizens of Louisiana you will* give assurance of his great sensibility to the decided and honorable proof which they have given of their attach- * Martin's Histoiy of Louisiana, p. 416, vol. 8. 39 WW fi'' j' V: .If ■•,jf .11 i IV- >%*■: ^^■J- 610 jaoksok's fabewell address. [1816. ment and devotion to the Union, and of their manly srjip- port of the rights of their country." On the 14th, General Jackson began to take the neces- sary measures to disband the troops, and to restore to their usual peaceful avocations, and to their respective States,Tenne88ee, Kentucky, Louisiana, and to the Terri- tory of Mississippi, the brave men who had acted such a distinguished part in the war which had just terminated. Those who could not be removed without immineut danger of their lives were to be well accommodated, and supplied with hospital stores, and a sufficient number of surgeons were retained to attend them. Contractors were to furnish provisions to the troops on their return march, on the requisition of their respective commanding off cers, who were instructed %) use every care and attentioi to prevent depredations on private property, and whv were admonished that th^ would be held personally responsible to indemnify the suflferers, agreeably to the regulations of the War Department^ for all damages done or property injured or destroyed by their commands. His fai'ewell address to his fate companions-in-arms was dignified in tone, tender and affectionate in senti- ment : "In parting," he said, "with those brave men whose destinies had Been long united with his own, and in whose labors and glo- ries it was his happiness and his boast to have participated^ he could neither suppress his feelings, nor give utterance to them as he ought. In what terms could he bestow suitable praise on merit so extraordinary, so unnaralleled ? Let him in one burst of joy, gratitude and exultation, exclaim : Those are the saviors of their country — these the patriot soldiers who triumphed over the in- vincibles of Wellington, and conquered the conquerors of Europe." 1 With what patience did you submit to privations I With what fortitude did you endure &,tigue ! What valor did you display in the day of battle ! Tou have secured to America a proud name among the nations of the earth, a glory which will never perish ! " Possessing those dispositions which equally adorn the citizen 1'*- 1815.] JACK80N'8 farewell ADDRESS. 611 and tho Boldier, the expectations of your country will be met in peace as her wisl^es have been gratified in war. Go, then, my brave companions, to yOur homes, to those tender connections and tliose blissful scenes which render life so deai"> — ^fuU of honor, and crown- ed with laurels which will never fade. With what happiness will you not, when participating, in the bosoms of your families, in the enjoyment of peaceful life, look back to the toUs you have borne, to the dangers you have encountered ! How will all your past exposures be converted into sources of inexpressible delight ! Who, that never experienced your sufferings, will be able to appreciate your joys ? The man who slumbered ingloriously at home during your painful marches, your nights of watchfulness and your days of toU, will envy you the happiness which these recollections will afford — still more will he envy the gratitude of that country which you have so eminently contributed to save. Continue, fellow-sol- diers, on your passage to your several destinations, to preserve that subordination, that digiiified and manly deportment which have so ennobled your character^ *' What happiness it is to the commanding General, that while danger was before us, he was, on no occasion, compelled to use toward his companions-in-arms either severity or rebuke ! If, after the enemy had retired, improper passions began to show their empire in a few unworthy bosoms, and rendered a resort to ener- getic measures necessary for their suppression, the commanding General has not confounded the innocent with 'le guilty, the seduced with the seducers. Toward you, felloe-soldiers, the most cheering recollections exist, blended, alas, with /egret, that disease and war should have ravished from us so many worthy compan- ions. But the memory of the cause in which they perished, and of the virtues which animated them while living, must occupy the place where sorrow would claim to dwell. "Farewell, fellow-soldiers. The expression of your General's thanks is feeble ; but the gratitude of a country of freemen is yours ; yours the applause of an admiring world !" -■■'J''- i ■ »j- ••■J* '•■■'J : Si.*:'': •■S-J*. •■»'V;- Two days after, on the 16fch, the "City Battalion of Uniform Companies" presented to General Jackson jm address glowing with a warmth of feeling which seemed to attest its sincerity. This address was signed by sev- enteen officers, all of whom, with the exception of two, 'if: fy* i 612 THE UIOFOEM COMPANIES TO JACKSON. [1816. were French, or of Frencli origin,* wBicli shows that the whole of that population was not alienated from Gen- eral Jackson by the course which he had lately pur- sued against those with whom they were connected by language and the pride, communion, and endearments of race : " We have delayed," they said, " until this moment, the expres- sion of our feelings toward you, lest the honest emotions of our hearts should be ascribed to a desire of propitiating the favor of our Commander. At this moment, when neither hope norfe^r aan bo supposed to have influenced us, we pray you to receive the sin- cere tribute of our thanks : as soldiers, for the confidence you have reposed in us, for the paternal care with which you have watched over our comforts, and above all for that justice you have done to our zeal in assigning us on every occasion a post of danger and of honor — as citizens, for the wisdom^of .the measures you devised to ■ protect our country, for the skill and bravery with which they were executed, and that indispensable energy to which we owe our safe- ty. Leaving to ocners the task of tleclaiming about privileges avxd constitutional rigkis^ we are content with having fought in Support of them ; we have understanding enough to know when they are wantonly violated ; and no false reasoning shall ;:)ake us ungrateful to the man whose wisdom and valor have secured them to us and to our posterity. W^ do not deal in profet'sions ; we pray you. General, to be assured, that in the officers and men of this battalion you have soldiers^ who have been and are always ready to confront, every danger under your covoxD&jxdi— fellow-citizens^ grateful for your services— /nenrfs, personally attached to your fortunes, and ready to promote your happiness at the risk of their own. You have al- lowed us the endearing title of your brothers'in-arms ; it was given to us on the field, then strewed with the bodies of our enemies ; and we feel a noble pride in the consciousness which allows us to accept it. That fraternity, cemented in hostile blood, shall be the pride of our lives ; and in after times will secure to our children the respect of posterity. General, common phrases cannot express the emotions which agitate us at the moment of ouri separation ; birt we pray Heaven to watch over your, safety ; and we trust to a * Thdr names were : J. B. PlaucbS, St. Gteme, M. White, A. Quibert, HndT^r, P. Roche, St. Jean, Goeur de Roy, De St. Romes, N. Thompson, C. Fremont, Da- liolquou, L. Pili4, Benetaud, Bertel, Haet, Lemoonier. [1815. hat the m Gen- jly pur- jted by annents e expres- 18 of our favor of >rfe"'* oan re the sin- you have B watched ^e done to ffer and of devised to ; I they were e our safe- yileges ai\d in support sn they are ungrateful . to us and ; . pray you, IS battalion to confrc^t. [u\ for your and ready (uhave al- was given enemies ; ilows us to Ihall be the ir children lot express leparation ; trust to a jlbert, Hudry, rremont, Du- 1815.] JA0K8ON TO THE UNIFORM COSfPANIES. 613 grateful country for the honors and advancement which your ser- vices have merited." We shall give in ftill the reply of General Jackson, because it is evidently written with great care, and in- tended as a vindication of those energetic measures which he had lately adopted, and which had produced such a commotion in the city of New Orleans : ^^Fellow-Soldiers: " Although bom and bred in a land of freedom, popular favor has always been with me a secondary object. My first wish, in political life., has been to be useAil to nry country. Yet I am not insensible to the good opinion of my fellow-citizens. I would do much to obtain it ; but I cannot, for this purpose, sacrifice my own conscience, or what I conceive to be the interests of my country. " These principles have prepared me to receive, with just satis- faction, the address you have presented. The first wish of my heart, the safety of our country, has been accomplished ; and it affords me the greatest happiness to know that the means taken to secure this object have met the approbation of those who have had the best opportunities of judging of their propriety, and who, from their various relations, might be supposed the most ready to cen- sure any which had been improperly resorted to. The distinction you draw, gentlemen, between those who only declaim about civil rights and those who fight to maintain them, shows how just and practical a knowledge you have of the true principles of liberty. Without such knowledge all theory is useless or mischievous. " Whenever the invaluable rights which we enjoy under our happy Constitution are threatened by invasion, privileges the most dear, and which in ordinary times oaght to be regarded as the most sacrei^, may be required to be infringed for their security. At such a crisis, we have only to determine whether we will suspend, for a time, the exercise of the latter, that we may secure the per- manent enjoyment of the former. Is it wise, in such a moment, to sacrifice the spirit of the laws to the letter, and, by adhering too strictly to the letter, lose the substance forever, in order that we may, for an instant, preserve the shadow ? It is not to be imagined that the express provisions of any written law oan fully embrace emer- gencies which suppose and occasion the suspension of all law, but the highest and t&e last, that of self-preservation. No right is more precious to a freeman than that of suffrage ; but had your l^r* fc-' '■ '1 ■»*•,■: '■.'.'-'C<'-. fl ^'h ^■- • ■ . » '' : .• • • f . if : ? ?a- I fyji. P' C14 JACKSON TO THE UNIFOEM COMPANIES. [181S. election taken place on the 8th of January, would your declftim- era have advised you to abandon the defence of your country, in order to exercise this inestimable privilege at the polls ? Is it to be supposed that your General, if he regarded the important trust committed to his charge, would have permitted you to pre- serve the Constitution by an act which would have involved Con- stitution, country and honor in one undistinguished ruin ? " What is more justly important than personal liberty ? Yet, how can the civil enjojrment of this privilege be made to consist with the order, subordination and discipline of a camp ? Let the sentinel be removed by subpoena from his post, let writs of habeas corpus carry away the officers from the lines, and the enemy may conquer your country by only employing lawyers to defend your Constitution. "Private property is held sacred in all good Governments, and particularly in your own. Yet, shall the fear of invading it pre- vent a General from marching his army over a corn-field, or burning a house which protects the enemy ? "These and a thousand other instancep might be cited to show that laws must sometimes be silent when necessity speaks. The only question with the friend of l^s country will be, have these laws been made silent wantonly and unnecessarily ? If necessity dictated the measure, if a resort to it was important for the preser- vation of those rights which we esteem so dear, and in defence of which we had so willingly taken up arms, surely it would not have been becoming in the Commander-in-Chief to have shrunk from the responsibility which it involved. He did not shrink from it. In declaring martial law, his object, and his only object, was to em- body the whole i^sources of the country for its defence. That law, while it existed, necessarily suspended all rights and privi- leges inconsistent Avith its provisions. It is matter of surprise that they who boast themselves the champions of those right^ and privileges, should not, when they were first put in danger by the proclamation of martial law, have manifested that lively sensibility of which they have since made so ostentatious a display. So far, however, was this from being the case, that this measure not only met, then, the open support of those who, when their country was invaded, thought resistance a virtue, and the silent approbation of aW, but even received the particular recommendation and encour- agement of many who now inveigh the most bitterly against it. It was not until a victory, secured by that very measure, had lessened the danger which occasioned a resort to it, that the j^reieni feeling ■ mi-^ ldl6.] JACKSON TO THE UNIFORM COMPANIES. 615 guardians of our rights discovered, that the Commanding General ought to have suffered his posts to be abandoned through the in- terference of a foreign agent, his ranks to be thinned by deser- tion, and his whole army to be broken to pieces by mutiny, while yet a powerful force of the enemy remained on your coast, and within a few hours' sail of your city. T thought and acted differently. It was not until I di«covered that the civil power stood no longer in need of the military for its support, that I restored it to its usual functions ; and the restora- tion was not delayed a moment after that period had arrived. " Under these circumstances, fellow-soldiers, your resolution to let others declaim about privileges and constitutional rights will nev(T draw upon you the charge of being indifferent to those inestimable blessings. Your attachment to ttiem has been proved by a strong- er title — that of having fought nobly to preserve thent You, who have thus supported them against the open pretensiohs of a pow- erful enemy, will never, I trust, surrender them to the underhand r a?^.'nations of men who stood aloof in the hour of peril, and who, when the danger is gone, claim to be the defenders of your Constitution. ** An honorable peace has dissolved our military connection ; and, in a few days, I shall quit a country endeared to me by the most pleasing recollections. Among the most prominent of tLese, gen- tlemen, are those I shall ever entertain of the distinguished bravery, the exact discipline, the ardent zeal, and the important services x>f your corps. The offered friendship of each individual composing it I receive with pleasure, and with sincerity reciprocate. I shall always pride myself on a fraternity with such men, created in such a cause." 4 It appears by this document that General Jackson unequivocally adriibted that he had violated the Consti- tution and the laws, but alleged in his justification that it had been done as a matter of necessity for the protec- tion and safety of the country. There were many who were convinced that this necessity had never existed, that a dangerous precedent had been established, and who were determined that the prestige of victory should not shield against punishment the man who, in their opinion, had wantonly trampled on the dearest rights m ,!■' 1 I . '• <;, -•■ iiit" ■ y?:. • :'■ --^ ', n t.'\i;h- 616 TBIAL OF OEKEBAL JAOKSON. [1816. and privileges of his fellow-citizens. With these views, Dick, the District Attorney for the United States, im- mediately after the return of Hall, lost no time in call- ing the attention of the Court to those proceedings which had culminated in closing by violence one of the tribu- nals of the United States. The Judge, however, refused to entertain any such proposition for the present, stating that the laws would assert their m^esty and suprem- acy in due time, but that, to celebrate the restoration of peace, a few days of public rejoicings should be allowed to pass by witnout any interruption of an unpleasant nature. But, on the 21st of March, Dick was permitted to proceed against General Jackson. He represented to the Court that, more than six weeks after the enemy had evacuated Louisiana, there had been a publication ani- madverting on the official conduct of the Commander-in- Chief; that the author of it had been arrested as a spy and for other crimes, and a *court-martial assembled to pass sentence on him ; that the prisoner, thinking that his arrest was illegal, that the Court had no jurisdiction oiiit him, being deprived of liberty and threatened with death in case of conviction, had applied to that tribunal which, under the Federal Constitution, had specially been established to prevent such abuses, and give him the protection to which«he was entitled ; that the Judge pre- siding in that tribunal, on taking the proper steps, ac- cording to the petition of the pl&.intiff, to investigate the matter, was himself arrested by order of the defendant, and thereby the course of justice obstructed ; that the clerk of the Court had been compelled to carry a record of the Court to headquarters, where it was taken and withheld from him ; that the said clerk and the marshal of the Court had been threatened also ^th arrest if they performed their duty ; that these transactions had taken place when there was not the least prospect of the r«e- [1816. 1816.] TBIAL OF OENEBAL JACKSON. • 617 i viewB, ites, im- in call- ;8 whicli le tribu- refused ,, stating suprem- ation of allowed pleasant ermitted lented to lemy had tion ani- lander-in- ' as a spy mbled to dng that risdiction ned with tribunal specially e him the iidgepre- steps, ac- igate the efendant, that the a record iken and I marshal at if they tad taken the re- newal of hostilities, or the least appearance of danger from any quarter, but, on the contrary, after ^^ peretumve'^ information had been received from various sources as to the existence of a lately signed treaty of peace be- tween Great Britain and the United States ; whereupon, the District Attorney, having laid before the Court the necessary affidavits, moved for a rule to show cause why process of attachment should not issue against Gen- eral Jackson for contempt of Court. The motion was grant'Bd, and on its return day, Keid, one of the General's Aids, accompanied him to the court-house, and pi'esent- ed a paper sworn to by the General, as his answer to the rule. It was a solemn protest against the unconstitu- tionality and illegality of the proceedings ; a denial of the authority of the District Attorney to institute it, as well 1^1 as that of the Court to punish him for the alleged con- tempt. General Jackson further maintained that, if he was accused of any statutory offence, the prosecution should be carried on by presentment or indictment ; L-id that in such a case he could not be deprived o^ a trial by jury. As to the charge of contempt, his coulifcl urged that it had not been committed in Court ; and several other technical objections were also presented. In the concluding part of this document, the procla- mation of martial law, says Martin m his Histoiy, was justified on the report which the General had received of the disaffection and seditious disposition of the French portion of the population of Louisiana ; and various ex- tracts were given from letters of the Governor on the difficulties he had to encounter, the opposition he met with from the Legislature, and. th«!i little dependence there was for success, except on a regular force to be sent by the United States. The interference with the records in the clerk's office was justified on the belief the defendant entertained, that it was within his authority. *, -■ ;■ * * • 'i '■ i ' ;_■ ■ i . '■ - . i ■ ■' . ..'■;; ', 'y * ■ ■ "♦'■:;' ,'. 'f ■ *f I 7, ■' ■ it • ':''■ I'-:'' ': 5^ If .: ,:-,\r.,: !| r.j-j" tr •!£'■. ' 618 TRIAL OF OENEBAL JACKSON. [181S. The proclamation of martial law was held to have made the publisher of the libel a soldier, and his offence cog- nizable by a court-martial, and the imprisonment of the Judge was said to have been a matter of necessity. " The Attorney of the United States opposed the read- ing of this paper. He said that, in no case, the defend- ant was permitted to make evidence for himself, and jus- tify himself by swearing he was innocent, although, on a process of attachment, the defendant's answers to in- teiTogatories put by the officer who conducted the pros- ecution were conclusive evidence. " In the present stage of the cause, the inquiry was confined to the sufficiency of the facts sworn to— whether they did constitute an offence — and one which did sup- port a prosecution by process of attachment. When the hearings would be on the merits, the defendant might avail himself of his answers to interrogatories, to show that the facts in the affidavits on which the rule was obtained were not trqe. The Judge took time to de- liberate." *0n the next day he said : " The Court has taken time to consider the propriety of admitting the answer offered yesterday. It was proper to do so, because it is the first proceeding of any importance instituted in a matter like the present, since the establishment of the Coui't, and because by the constitution of the Court it is composed of one Judge only ; and it so happens that one of the charges of contempt is his imprisonment, and the conee- quent obstruction of the course of justice. This is no reason why the proceedings should not have been insti- tuted, and be persevero'l in ; but it is a good one for deliberation. No personal consideration ought, for a mo- ment, to allow the abandonment of the defence of the laws, the support of the dignity of the tribunal, and of the rights of the citizens. 1815.] TBIAL or GENSBAL JACKSON. 619 " I have considered the case, and I think I see a clear course. '' On a rule to show cause, the party called on may take all legal grounds to show that the attachment ought not to issue. He may take exceptions to the mode of proceedings, and prove, from the affidavits on which the rule was obtained, that the facts do not amount to a contempt. '' If the Court be convinced that the attachment may legally issue, it goes to bring the party into court ; the interrogatories are propounded ; he may object to any of them as improper, or deny the facts charged, and purge himself of the contempt on oath. His single tes- timony counteracts all other that may have been ad- duced. I " I will hear any of the exceptions taken in the answer, or any question of la# that may be urged." Arguments of counsel were therefore patiently listened to on all the '' exceptions taken, and on all the questions of law" which incidentally arose; after which the rule was mad^ absolute, and the case ordered to be tried on its merits on a particular day. On that day the excitement was intense in tke city ; the timid expected bloodshed, and, being haunted by imaginary terrors, confined them- selves to their houses ; the greater part of the population, however, was not of this disposition, and an immense croWd assembled at an early hour round the court-house. Many were moved by curiosity ; others by feelings of sympathy for the General, or resentment and indignation against the Judge. Among the most ardent against the latter were remarked the 3aratarians, who were said to nourish toward him the bitterest hostilHy, on account of his having been very strict on several occasions, when pros- ecutions had been instituted against some of their leaders. They were represented as panting for an opportunity to J ' . 'i I ' '.-1 , m ,//:■ 1 »•,■ ■ 1 t > • 'f > ' 1 i . ^'' • i • > i ^«;^l' fl VI . ■•■■\-: •:: f [ • * ■li^M-: . ^ • «20 TRIAL OF OENKKAL JACKSON. [1816. wreak their vengeance on the magistrate whose inflexible rigor they had experienced to their cost. Distinct threats would occasionally burst from the impatient crowd ; and one voice was heard to exclaim, '' Let the Genei til say but one word, and we will pit-h into the river the Judge, the lawyers, and the court-house itself." This sentiment was greeted with fierce shouts of applause. At last, the long-expected hour had arrived. The General, followed by a numerous escort of officers, entered the hall of judgment, which was crowded to suffocation. The deus^ multitude had opened before him as lie advanced and then closed again in deep silence ; but when he reached the bar where he was to stpnd as a culprit, and con- fronted the Judge on his seat, one wild yell of defiance, which was echoed by the multitude outside, swept over tbe building and seemed to shake the roof and walls against which it reverberated. Jackson looked round with an expression of calm "and august majesty, which was long remembered by those who saw his commanding features on that occasion ; he only waved his hand in rebuke, and instantly order and silence were re-estab- lished. Then turning to the Judge, he slightly bo wed his head, as if he meant to say : I am here in obedience to your command. The Judge looked as serene and im- passible as if nothing unusual had happened. There was a grandeur in the scene which struck all the by- standers. Presently the clear voice of the Judge was heard : " Mr. Clerk, proceed with the business of the Court." The Clerk called the case :« The United States vs. Andrew Jackson." The General rose, and, with much dignity, signified to the Court his intention to decline answering interrogatories — a determination to which he said he had come, on account of the Court having re- fused his answer to the rule to be read. The Court re- plied, that it was for him to decide on the proper course 1816.] TRIAL OF GENERAL JA0K8ON. 021 >er course to be pursued in his own defence, and that every indul- gen(!e had been extended to him which the law author- ized. The District Attorney of the United States now rose to address the Court;* we give a synopsis of his re- marks: " My task," he naid, " is much simplified hy the course which the defendant has taken. The defendant is charged with having ob- structed the course of justic^ and prevented, by violence the inter- ference of the District Court of the United States, in order that an illegal prosecution for a capital offanee should bo carried on before a military tribunal. Against a citizen ^bsoluteb* disci^nnected with the army or militia. The greatest part of thi ' 'aper which he pro- duced on his first coming into Court is fiUeJ / ih extracts of letters and with arguments, to justify his issuing u proclanip ion of mar- tial law. He might have spared him ,oU lo much unnotxdsary labor; no one ever pretended that there ^as any degree of guilt in his proclamation of martial law. In the beginning of an invasion, it was very proper for the commander of the army raised to oppose it, to warn, by a solemn appeal, his men and his fellow-citize* around him, that circumstances required the exertion of the facul- ties of all to repel the enemy, and that the martial law of the Uni- ted States, which means the system of rules established by the acts of Congress, and the laws and usages of civilized nations with re- gard to martial matters, would be strictly enforced. The question is not whether the General was wrong in proclaiming martial law, but whether, in his a"**!, he did not go heyond martial hio, and beyond Avhat circumsti-..-^^ required, in the exercise of the author- ity which he had assumed. The defendant seems to have been under the ir ^pression that martial law vested in him absolute pow- ers. Where does liC find a precedent for it in the annals of juris- prudence ? h il i.i England? We have the authority of Sir Ma^ thew Hale to say : ' That martial law is no law there, but some- thing indulged as a law' ; and Lord Loughborough maintains that martial law, oven as described by Sir Matthew Hale, ' does not ex- iat at all' There is a contradiction in the very terms. If law reg- ulates the actions of delegated power, how can uncontrolled, un- boanded power be consistent with the existence of law ? What is qommonly understood as law cannot have life where despotism * Martin's History of Loolsiana, p. 432, vol. 2. , I!.-; ' ! "'i' J 622 TRIAL OP GENERAL JTAOKSON. [1816. rules supreme. Despotism is not martial law, nor any other law ; it is the absence of all laws. Judge Bay, of the Supreme Court of South Carolina, in the case of Lamb, says correctly: ' If by martial law is to be understood that dreadful system, the lata of armsy which in former times was exercised by the King of England and his lieutenants, when his word was the law, and his will the power by which it was exercised, I have no hesitation in saying, that such a monster could not exist in this land of liberty and legality. The political atmosphere of America would destroy it in embryo. It was against such a tyrannical monster that we triumphed in our Revolutionary conflict ; our fathers sealed the conquest with their blood, and their posterity will never permit it to tarnish our soil by its unhallowed feet, or harrow up the feelings of our gallant sons by its ghastly appearance. All our civil institutions ibrbid it ; and the manly hearts of our countrymen are steeled against it. But if by this military code are meant to be understood the rules and regulations for the government of our men in arms, when mar- shaled in defence cf our country's rights and honor, then I am bound to say there is nothing unconstitutional in such a system.' Therefore, we candidly admit that, although the acts of the defend- ant cannot, by any means, be justified by his proclamation of mar- tial law, they can certainly be so on the plea of necessity— that necessity which justifies any act it commands for good purposes ; and we grant that the defendant is entitled to any benefit he can derive from this plea, if it can be proved to hav6 any foundation to rest upon ; and we say, on the part of the United States, that suc- cess in this prosecution is neither expected nor d ..'od, if that necessity can be shown, which the General invokes in his behalf. " The defendant, in several documents, and particularly in his printed reply to the ' address of the uniform companies of the City of New Orleans,' admits without reseTe or equivocation that he has violated the Constitution and laws of his country, but rests his defence on the law of necessity. We agree with him on this point ; we allow that this is the >proper ground for him to take ; and we shall now proceed to demonstrate that there never was any neces- sity for his arbitrary acts. " On the 29th of January there was not a British soldier left in arms on the soil of Louisiana, nor within a shorter distance than six hours' sail irom its shores. True, the enemy was r^'U in its neighborhood, and still powerful, but his force consister^ ot 4 de- feated, demoralized army, much reduced from its original numbers, while our powers of resistance had been greatly increased by rein- •M^'£m''ir:'m^ [1816. Other law ; le Court of 'by martial irmsj which ind arid his ke power by that such a aUty. The smbryo. It >hed in our t with their ish our soil our gallant tions Ibrbid i against it. jd the rules , when mar- •, then I am h a system,' 'the defeud- tion of mar- tessity — that i purposes; lefit he can •undation to es, that suc- . ;ed, if that lis behalf, larly in his of the City bion that he >ut rests his L this point ; ke ; and we any neces- dier left in stance than F*'n in its ter* ot a de- al numbers, jed by reih- 1816.] TBIAL OF GENEBAL JAOESOK 623 foroements, by better preparations, and by the confidence resulting from the successes already obtained. On the 13th of February, Admiral Cochrane sends to General Jackson a copy of a bulletin received from Jamaica, proclaiming that a Treaty of Peace was signed, on the 24th of December, between Great Britain and the United States, and ' begs leave to offer his sincere congratulations.' On the 19th, General Lambert, the Commander-in-Chief of the Brit- ish forces, confirms the information, compliments the defendant on the prospect of peace, and ' hopes soon to communicate the notice of the ratification being exchanged.' On the 21st, General Jackson so far believes in the near prospect, if not the actual existence of peace, as to write to Admiral Cochrane about the restoration of pmate property taken from our citizens, and the propriety of the cessation of hostilities. At this juncture, Louaillier, a member of the Legislature of the State, one of our most respectable citizens, and in noway connected with the army and militia of the United States, published in one of the journals of the city a communication censuring some of the official acts cf the defendant. He is arrested on the 5th of March &b a spy, and brought before a court-martial to be sentenced to death in case of conviction. This was clearly an act of illegality. Was the danger of his remaining at liberty so great as to justify this illegality ? On the very same day, the magistrate whose protection is sought by Louaillier is also arrested by the defendant. What pressing danger required such a step ? Would the safety of the country have been put in peril if the Dis- trict Court of the United States had been permitted to decide on the legality of the arrest of Louaillier ? A few hours after this ex- traordinary proceeding and this monstrous exercise of brute force, on the 6th of March, the defendant informs General Lambert that he. General Jackson, had received intelligence from Washington that the treaty had been ratified by the President and Senate of the United States, but that, by some unaccountable accident, a dis- patch on another subject had been substituted for the one intend- ed to give him official notice of this ev4ht. He has, however, be- fore him the courier's declarations ; he has the order of the Post- master-General directing his deputies to forward the express car- rying intelligence of the recent peaou. 'ITrum other sources, to which he gives credit,' he has also learned that the same express has brought official notice of the treaty to the Governor of Tennes- see. Therefore, he tells Lambert thlit ' very little doubt is left in his mind' about the restoration of peftce. He proposes 1 cessation of hostilities in anticipation of the expected communication jn an ^^j; : ;) \\ ^* V^' ' ' f * ''kf-'- • 1 ■>';.;' u ./■:■'' .' fl ■ li ¥ tl ' ^\ '" *t «;>?j'" , ;[ ■>•■'.;• ■ 'i ti ' , ' ". i „ 1 4 ■ .j: '-'di'i ■i m'i:. . •> '^h: ' *; i-ritJ ■ 1' ■ • ■i-i'.rj r-^. i* ■ ^ •• 4 ;*■■'• V 'h .i fi ■ «^-! ' c '■"'■',. ' ^ j'" X \ (• H ■ '\:f<-f ■■,-:\^i '■ ^ ' '' ■\t :MI \m\ • *j'-- ' .. » i k m •i •! ? 4- • ^!►.• , < ;i-'' • fM > m^ . • 1 •*-, ■■.:' -i-''^ tlt ■|ii: ■ ' ■*■- ■'■■ ' 624 TBIAL OF OENEBAL JACKSON. [1816. M * official form ; he assures the British General of the satisfaction he feels in reflecting, ' that their correspondence, begun as commanders of hostile armies, terminates as officers of nations in amity.' Where was the necessity^ under such circumstances, to keep in prison « member of the Legislature of the State of Louisiana and a Judge of the United States, in open and admitted violation of the Consti- tution and laws of the land ? Nay — ' so little doubt' had the de- fendant in his mind of the restoration of peace, so ' persuasive' of the fact, to use his own expression, was the evidence he had received, that, on the 8th, he disbanded and dismissed to their homes the Avhole militia of the State, and consented that the French subjects residing in New Orleans should be free from military duty and ex- empted from the decree of expulsion he had issued against them. If, on that occasion, he did not believe in the suspension of the state of war, he acted in a manner which would have subjected him, as a military man, to disgrace and severe penalties before a court-martial. If, on the contrary, he was satisfied, as everybody was, that a treaty of peace had been signed and ratified, where was the necessity of still retaining Louaillier and Judge Hall in dur- ance ? The defendant is placed in a dilemma of his own making, and whichever alternative he takes, it works to his injury. It seems to us we may be permitted to say in conclusion, that credu- lity itself could not admit the proposition that persuasive evidence of the cessation of war, and belief in the necessity of such a violent measure as the prevention of the exercise of judicial power by a legitimate tribunal, could exist at the same time in the defendant's mind. We are compelled, therefore, to attribute the arbitrary proceedings of the defendant, not to his conviction of their neces- sity, but to the indulged infirmity of an obstinate and morbidly irascible temperament, and to the unyielding pride of a man natu- rally impatient of the least show of opposition to his wilL" m. m ^ri We regi'et to record, that Greneral Jackson so far forgot what was due to his personal dignity and to his national reputation, as to allow himself to be persuaded to resort to a petty quibble, in order to avert the judg- ment of the Court. He was made to asseverate that his intention had been to imprison Dominick A. Hall, and not the Judge. Dick coolly refen-ed him to the affidavit of i^s own Aid, Duplessis, the Marshal of 'the Court, [1816. iction he manderB Where prison n a Judge e Consti- 1 the de- ve' of the received, omes the 1 subjects ty and ex- inst them, on of the subjected B before a jverybody where was all indur- rn making, njury. It hat credu- e evidence h a violent ower by a defendant's arbitrary eir neces- morbidly ImannatU" n so far id to his ifsuaded le judg- that his [all, and J affidavit le Court, 1815.] .^4.0K8on's noble speech. 625 VM who swore to his having used these words: ''I have shopped the Judge." (The case was closed, and sentence remained to be passed. The Court said that it was becoming to manifest moderation in the punishment of the defendant for the want of it ; and that, in consideration of the services the General had rendered to his country, imprisonment shoidd make no part of the Sentence, which was limited to a fi|ie of one thousand dollars and coats. It .was in- stantly discharged, and the General, on his coming out of the Gonrt^iouse, entered his carriage; the horses were removed, and the people enthusiastically dragged it to the Exchange Coffee Hoiise, where he addressed a large crowd in a manner worthy of himself. '* I have," he said, ^ during the invasion, exerted every one of my facul- ties for the defence and preservation of the Constitution and the laws. On this day, I have been called on to submit to their operation under circumstances which many persons might have thought sufficient to justify resistance. Considering obedience to the laws, even when we think them unjustly applied, as the first duty of the citizen, I did not hesitate to comply with the sentence you have heard pronounced, and I entreat you to remem- ber the example I have given you of req)ectftil submis- sion to the adthinistratioQ of justice." The citizens in- sisted on refunding to hito the amount of the flue he had paid, on the ground that they considered it their own debt ; but he peremptorily refused. rA reactioa had tf^en {dace in £Eivor of General Jack- son^ even maimg his most violent oppopenteiy on account of ^e propriety and nobility of his late d«f|ortment. It would kave been WbU for him ta have pe^tted things to remain as ^y stood; Wt, eith^ golded by some malignant adviisr, or goa■■ ■( m : V' •■■ ii; S 626 Jackson's violent tempeb. [1815. rC' 'Ah f •if jortirnals of New Orleans, the answer lie had offered to the District Court, preceded by an exordi nm,* in which he complained that the Court had refiibed to hear it. He add id, that the Judge " had Indulged himself, on his ronte to Bayou Sara when driven out of the city, in ir;ni sting apprehensions as to the fate of the country, equally disgraceful to himself, and injurioua to the in- terest and safety of the State," and concluded : *'• Should Judge Hall deny this statement, the General is prepared to prove it fully and satisfactorily." This provocation and this reopening of the conflict did not remain long unnoticed, and the following piece appeared in answer : *' It is stated in the intioduotory remarks of General Jackson, that, on the Judge's ronte to Bayou Sara, he manifested apprehen- sions as to the safety of the country, disgraceful to himself and injurious to the State. Judge Hall knows full well how easy it is for one with the influence and! patronage of General Jackson to procure certificates and siBdayits. He knows that men, usurping authority, have their delators imd spies ; and that> m (he sunshine of imperial or dictiJi,torial power, swarms of miserable creatures are easUy generated from the surrounding oorruption, and rapidly changed into the shape of buudng informers. Notwithstanding which, Judge Hall declares, that on hie route to Bayou Sara, he uttered no sentiment disgraoeM to himself^ or injurious to the State. He calls upon General Jackson to furnish that full and satis&ctory evidence of his assertion which ha says he is enabled to do." The General probably discovered, but too late for his honor, that he had imprudently taken a position which he could not sustain; for he remained ntont, and thus left s31 the advantage with hie adversary. It must have been to him a source of deep humilwtion to retire from the conflict which he had invited, withoii^ rededming the word which he had pledged with such solemnity. It -'-- >w •Martin'sHistoryofLouislana, p. 425, vol.2. m^ 'l - [1815. ed tothe vhicli lie rit. He f, on Ws 5 city, in i country, 10 the in- * Should \ prepared ke conflict wing piece iral Jackson, ,ed apprehen- , himaelf and how easy it al Jackson to len, usurping ^e aunstine creatures are , and rapidly iwithatanding tyou Sara, he orious to the tbat foil and he is enabled late for his litioB which it, and thus mtist have retire from leemiBg the lemnity. I* 1815.] FEDEEMi CGMPLDIENTS TO LOUISIANA. 627 gratified the malice of his enemies, and it mortified his friends. He soon after departed from the theatre of jis glory. We now dismiss him from the pages of this History, after having represented his acts and character with those lights and shades which appertain to them, and observed that strict impartiality of truth which we have considered as our sacred duty. He lived to bo twice elected President of the United States, and to exerciBO over the destinies of his country an influence which was still felt long after he had descended iato the grave. He would have saved himself from many diflS- culties and painftil struggles, if the iron bar, to which his indomitable will was & mpared, had been lined with silk or velvet, and if he had i ot neglected those arts of conciliation which are not incompatible with the utmost firmness of purpose and rectitude of conscience. But be always preferred to break through, than to go round, any obstacle. Such as he was, however, he command- ed more than any other man ever did the instinctive sym- pathies of that vigorous, restless, thoroughly democratic commonwealth among which his lot had been cast, and whatever his ^Eiults were, hif» country remembers only his virtues, his patriotism and his glory. The following Eesolutions, complimentary to the peo- ple of Louisiana, and of New Orleans in particular, were unanimously adopted by Congress : " Eesolvedf That Congress entertain a high sense of the patriot- ism, fidelity^ seal, and courage with which the people of the State of Louisiana promptly and unanimously stepped forth, under cir- cumstances of imminent danger from a powerful invading army, in defence of all the individual, social, and political rights held dear to man. Congress declare and proclaim that the brave Louisianians deserve well of the whole people of the TJnited States^ v.-ji it .= . " Resolvtdj That tlongrese entertain a high sense of the gene- rosity, benevolence, and humanity displayed by the people of New i •It* -t '' *■' : •'' ■ : V tl 1! *i K ■ \ :*. , ;'. .*• '■ • 11 -ii^.i . '• ^ ' *.ii 1' " »?•'.• k -*k M »>'"• n I" ^r ■ ■ 10- III'- U' "'I ■• il' '. ' ■■:(■ r'::" 1i ' /'■■^, r-^ ■■!::;■• •■^^i*^^ ^m^k'Hi^- ^ ■''' J»l¥ T'' ^ 7 /-li i i ■■■ W^ >! ■ ■ 628 THE president's PABDON PEOOLAMATION. [1815. >>:€! Orteaiis, in volantarily offering the best accommodations in their power, and giving the kindest attention to the wounded, not only of our own army, but also to the wouuded prtsonen of the van- quishc'l foe.** . -"i The President of the Unitt'd Staf^^^g issued y- jiroclama- tion declaring **a free and iuli pardon ' of nil ofltences committed in rk/lation j£ anj^ act or acts of Congress touching the revenae, trade and navigation of the United States, or touching the intercourse a^pd co ;amt ce of the Umted Staiies with foreign nation^ at jurj time before the 8th of January, ir tie year eigM'^en hundred and fifteen, by any person or pex-sons whatsoever, being in- habitai'ts of New Orleans and the adjacent country, or being inhabitants of the Island of Barataria and the places ai^acent, in the State of Louisiana. " It had been long aacertaineti," said the President, " that many foreigners, flying from the dang(^ of theiir own home, and that some citisens, jforgetAil of their duty, had ooK>perated in forming an establishment ou the Island of Barat«Tia, near the moiith of the river MissisnLppi, for the purpose of a clandestine and lawless trade. The Government of the United States caused the estab- lishment to be broken up and destroyed ; and, having obtained the means of designating the ofl^nders of eyery deser^tion, it only remained to answer the demands of jastioe by infliotiag an exem- plary pnoishment. " But it has since been represented that the offenders have mani- fested a sincere repentance, that they have abandoned the prosecu- lion of the worst cause fbr the suf^KUt of the best, and, particu- larly, that they have exhibited in the defence of New Orleans unequivocal traits of ctiurage and fidelity. (MRenclers, who have refused to become the associates of the eaet&y in war, upon the most seducing termtof invitation, and who luive sided to repel his hostile invasion of the territory of the United States^ ean no longer be considered as objects of ptmishmentj bvt as ob^ts of a generous for^iveneBS.** Before the end of the Spring, Louisiana, which had been so recently in a condition of tumultuous agitation, [1816. in their not only the van- roclatna- offences IJongress e United ;e of tlie le before dred and jeing in- untry, or and tlie •that many le, and that in forming e mputh of md lawless the estab- Ig obtained tion,itonly g an exem- i have mani- the prosecu- md, partiow- ew Orleans J, who have ^r, ttfKW tbe led to repel lately ean no objeetft of rWch bad agitation, 1815.] CLAIBOBNE VINDIOATINO HIM8ELF. 629 had returned to the unruffled calmness of a state of pro- found peace. There were hardly any traces l^ft of the late invasion, save angry discussions which would occa- sionally arise in relation to those misunderstandings which had existed between General Jack^an, the Legis- lature, the Governor, Judge Hall and other prominent individuals. It was the remaining, but subsiding turbu- lence of the waters, after the storm had swept away. Claiborne had been severely blamed by some for hav- ing put the whole militia of the State under the com- mand of a Federal officer, and for having thereby made of her Executive a nullity for the protection of her citi- zens. At the next session of the Legislature, he noticed this charge in these terms, in his annual message : "It is known to you, gentlemen, that, on the requidtipn of Migor-General Jackson, acting under the authority of the Presi- dent, I did, in the late gre^t emergency, order into the service of the Union the militia of this State, and that, during the continu- ance of such service, the whole remained out of my control. I am aware that my conduct in this respect, to'^eth'Si «vith subsequent events, in which I either had, or was supposed to have had, an agency, has become the subject of much severe animadversion. It is not easy to limit the influence of calumny and misrepresenta- tion, and, therfefbre, it is very probable that impressions to my in- juxy may have been effected. But, if there is an honest man in this State, or elsewhere, who supposes chat I would shrink from the investigation of any charge which could be exhibited, or apprehend aught fW>m the result of such investigation, ke little knows how itrongty lam fortified in eonsciotu rectitude. As regards our militia, IJie total number was no more than equal, with the succor received in time from the sister States, to repel the invasion. This militiaf werd badly armed, and destitute of camp equipage and munitions (ff war. Funds to procure these necessary supplies were not at my disposal, much less had I the means of providing for their transportation, snbmstenoe and pay. To htfve retained the command, I must have declined obedienee to the call; and, in that case, all the expenditures on account of our militia must have been «lefhiyed by the State, conformably to the principles establi^ed by the War Department, as I then, and do still, understand them. )». (I ■.i ' V •> 1 f ■\ V'^^y i i|p!' 030 CLAIBOENE VINDICATING HIM8ELP. [1815. But, by meeting the requisition, these expenditureg devolved upon the United States. Hence a part of the militia have been paid off, nd I shall be disappointed if the claims of the rest are not soon di 'charged with all the good faith which oharacterizca the General Gov -rment. A call on an individual State for its quota of any number of a required force, apportioned under the orders of the President among the several States, is a common occurrence. An obedience to it would always be considered by me as a duty im- posed by the Constitution and laws. A demand on a State for its whole force can seldom happen. It perhaps never wilji be made on a State strong in population and rich in resources. Should it occur, the Governor, finding himself enabled, in any emergency, to move his militia with dinpatch and effect, may be permitted to deliber- ate, before he gives up the whole of that force intrusted to him for the maintenance, within his own State, of good order and the supremacy of the law. But I was without any ground for hesita- tion ; and the more readily placed our whole militia in the service of the United States, under a conviction that they would, in con- sequence, be brought to the field with more promptitude and effi- cacy. For such individual distress of feding as may have resulted, I find an ample recompense in the triumphs of my country, to which the people of the State where I have long presided so greatly aided." Availing himself of this opportunity to express his views in relation to the perturbation in New Orleans that had been produced by the course which General Jackson had deemed proper to pursue, after the retreat of the invaders, the^ovemor further said : " Great as is the cause for patriotic exultation, on the glorious defence of the country, grateful as we must all feel for the rescue of this capital from capture, rapine, and perhaps conflagration, I shall never cease to regret that it was accompanied and succeeded by the prostration of a part of our laws and oivil authorities. I know this is justified on the plea of necessity, and apparently to the satisfaction of the nation. I cannot suppose that any opinions of mine will in the least affect the public sentiment. 'They would probably have no other tendency than to raise the angry passions of the intolerant of the prevailing faith. But I shall not hesitate to say, that if, at any time, I listened to the doctrine of doing evil, that good might come out of it, and that the end jaetijut the means, I 1816.] Washington's advick. 031 am now oonvinoed thnt the admiHsiou of thib principle iuto uflUii-K of State mast prove invasive of the rights and destractivo to the happimees of a tree people. Yes, gentlemen, my experience in Louisiana has taught me how to reverence the sage advice of the great Washington, when he urges his countrymen to respect the anthority*cf the laws, and cautions them to mmt the spirit of inno- vation^ however apeeioua the pretext^ and to permit no change by usurpa- tion ; for although this^ says this illustrious patriot, mai/ in one in- atanee be the instrument of good^ it is the eustonary weapon by which free governments are destroyed. The precedent must always greatly eounterbaianee in permanent evil any pariial or transient benefit which the use can at any time yieW^ t The annual mes8)ages of our Governors, for some time after the formation of the State, used to be responded to, as the speech firom the throne, on the opening of the sessions of the British Parliament, calls for an address , from that body. This usage has since been discontinued. On this occasion, in reply to that part of the Governor's message in which he aUuded to the violent measures pursued by General Jackson, the House of Representa- tives said: "Great indeed is the cause for patriotic exultation in the glorious defence of this country, and the rescue of this capital from the manifold dangers with which it was menaced. To Heaven, to the hero who led oui' forces, and to the bra^^e men composing them, we owe the greatest gratitude ; and where there is so much to admire, we are not disposed to dwell upon aome deeds which we ocmnoi approve.^"* X' y 7H: . V -'■"If ■■;■', 3 r i ' •r' -^ ^: '..:.. i r*t<' Sir :,()J!J|i|. .i-i'^z ;:.!<•■ f. •«••■ %> -iiHf :«■ fr-«,. -f ~* >,■ SUPPLEMENTAL CHAPTER. 1816—1861. 1816. With the preceding Chapter closet the detailed history of Louisiana. From that time until the epoch when she, in company Avith Bcveral of her sister States of the South, declared the Fcdera) Union at an end, and resumed, as an independent Sovereign, the powers which she had delegated, her annals ceased to be marked by any of those striking erents which commonly give attraction to the pages of history. Her life, as a Commonwealth, was on the whole but a quiet, ever-swelling stream of uninterrupted prosper- ity, save occasionally by those epidemics to which her climate is subject, by the overflowing of her grand river, by the imprudence of commercial speculations, the abuse of credit, the too great emission of paper money, and the ulTwise expansioa and contraction of bunking operations, which always result in a fatal crisis that is invariably felt in all the arteries and sinews of the social body. But Louisiana hardly halted in her march to wealth and power, not- withstanding these temporary calamities and these agrieultural, commercial and financial reverses, which were soon forgotten, and hardly left any traces of their passage under the luxuriant development o^' her unbounded resources, which speedily cov- ered these ruiii. with the rich mantle of their tropfcal vegeta- tion. Notwithstanding Federal injustices or neglects and sectional jealousies, her magnificent city of New Orleans, the emporium of a mighty trade, was annually visited by a thousand ships ; her broad fields, teeming with exuberant fertility, continued to be the Hcenes of Arcadian felicity, and the homes of all her inhabitants the ever remembered seats of cordial and refined hospitality. Disdaining too long to resent, in her generous imprudence, the constant attacks of her enemies against one of her internal institu- tions, she concentrated her attention and her energies on the ame- lioration of her Legislation, on the building of railroads, the exca- vating of canals, the erection of charitable and educational institu- t; ns, the establishment of a system of public schools, and the (682) 1810.] DEATH or GOVERNOR CLAIBORNE. 033 oomplKe dovelopment of her vast renourcet by State action, or by assisting the individaal enterprise of her citizens. A minute record of those domestic events and industrial efforts would hardly be of sufficient interest to most readers, and would compel us to exceed the limits which we have {)rescribed to this work. We shall, therefoi«, content ourself with taking only a general view of the progressive condition of the State iVom the end of Governor Claiborne's administration to the time when she withdrew from the Federal Union. The administration of Oovemor Glaibome drew to a close with the year 1816. When the Legislature met in November, Clai- borne complimented them on the fortunate results of the restora* tion of peace. He said " that its auspicious uiflnence on agricul- ture, commerce, and indeed all the pursuits of civil life, whs sensi- bly felt." He wanned up at the prospect of uninterrupted pros- perity which he saw looming up for the State. ** The press of migration to our peaceAil shores," he observed, "the preference shown by the unhappy exile to this iiivored land, assure me that* elsewhere, man cannot find as great a share of safety and felicity. How fortunate is our lot ! Amidst the aflUotions of nations, small is the portion fkllen to the United States ! Whilst with pious hu- mility we bow in gratitude to God for such signal proofs of His favor, let us with zeal and assiduity persevere in every measure which promises to strengthen and perpetuate the great principles of civil and religions iireedom." He concluded this valedictory address with the sinoerest aoknowlddgments for the many proofs of personal confidence for which he was indebted to the people of Loiiisiana, and whieh, as he assured them, " would remain deeply engraved on a grateful heart." He was succeeded in December, 1816, by Major^General Viller^, after having been thirteen yenrs Governor of Loul«iana. He did not remain long in private life ; for, a few days after, on the 13th i)f January, 1817, he was elected to the Senate of the United States for a full term. He died on the 23d of November, in the same year, leaving a respected memory in the State of which he had been so long the Chief Magistrate. He was succeeded in the Senate by Henry J(rfm8vemor Villere, in his annnal message of the 17th Jan- uary, 1818, is as enthusiastic as his predecessor on the prosperity of Louisiana, Mid on the advantages which the is to derive £rom her admission into the great family of the United States. Alluding to the late invasion, he said : " Providence, after having protected us 1 ; , \ } ■■'■ •■-.•„. JM . f ■ Vl^^ .'.{.. •' ' ■''•'• ^ ■ •** *' 684 GOVERNOR JAMES ' ILLIJIC. [1818. in battle, deigned to yield poacu to our desires. Our political and commercial relations with foreign countries were immediately re- established ; and it is this day a just subject of congratulation to ob- serve with what rapidity the continually iuoreasing prosperity of our affaire has in a manner, as it were, effaced even the recollection of our Hufforings. The most abundant crops have, especially during the last year, rewarded the labors of agriculture, and commerce finds every day, in profits continually renewed, the just price of its indefatigable activity. What other people can flatter them- selves, fellow-citizens, to enjoy, under the sole govenimeut of laws, an extent of liberty and happiness comparable to ours ? The Louisianian who retraces the condition of his country under the government of Kings, can never cease to bless the day when the great American Confederation received him in its bosom." The worthy Governor, evidently, was no prophet, and did not foresee that, before half a century had elapsed, his own grandsons would have to cur»t the day when they became politically united under the same General Government with their new " fellow-citizens " of the North and Went, and would probably think that the worst tyranny of King$ was amiable, when compared with the treatment they were destined to undergo from the fierce, fanatical and unre- lenting majority of their Sepubliomn associates and loving brothers. It seems, howevet , that whatever were his Utopian hopes, " the press of migration to our peaceful shores " which Claiborne had seen with so much satisfaction, was not unattended with evils, for he states that " the multitude of strangers who crowd here doily necessarily occasion a multiplicity of offences." He recommends the adoption of a more stringent judicial organization to prevent the repetition of " those scandaldns practices which are, almost at every instant, taking place in New Orleans and its suburbs." On the 5th of March of the same year, ** the preference shown by the unhappy exile to our favored land," as exultingly expressed by Claiborne, had become so threatening to the safety of our capital, that Governor Villere made it the subject of a special message to the Legislatui-e. " A melancholy experience has convinced me," he said, ^ that if our institutions tend, in general, to insure the hap- piness of a people no less generoin than worthy of liberty, we still have occasion to adopt some new measures for the purpose of protecting ourselves against the flagitious outrages to which the peace and security of our oitiaens are exposed through the great lenity of our laws. " I will not attempt to describe to you the disorders and crimes 1819.] OOVEBKOR JAMES VILUCRS. 085 ■.I •" ; ^t' of which, (luring nearly all laHt month, this city han l>een the thea- tre ; public report has probably informed you of them ; nor do 1 doubt but you will agree with me in aacribing their caure to the ])rodigiouB increase of our population. It is natural to think that u great nttmb«r of those men who lately, under the Mne pretext of serving the cause of the Spanish patriots, scoured the Oulf of Mexico, making its wares groan under the direAil weight of their vessels fraught with depredation, have come to take refuge among us ; and we daily see arriving in our hospitable land a multitude of foreigners, whom the calamitiea, the revolutions and the peace of Europe compel or induce to emigrate. "Among those of the latter description, there are doubtless many individuals respectable for their virtues, their talents, morals, induHtry, and especially for their misfortunes ; but it were madness, I think, not to be aware that, among the emigrants, as well as among the maritime freebooters, there must be an infinite number who, if not whol!; unprincipled and void of honor, are little esti- mable and little worthy of our confidence. If those are to be re- ceived with kindness, th se have little or no claim to our protec- tion, and indeed we should be cautious in receiving all foreigners." The Governor then recommended that, in imitation of the btate of New York and others, " some provisions wisely rigorous " should be adopted, " for the purpose of obliging foreigners, of whom there was so great an influx hither from all parts, to give us some reasonable assurance of their good conduct, before they should be entitled to ei\joy the protection of our laws, and participate with our citizens in the advantages afforded by our happy country." In conclusion, he observed : " By these additional means we shall be able to keep from our land ill-disposed persona, and to secure ourselves from the dangers to which we are exposed from those who are already among us. It is thus, and only thus, that Louisi- ana, while she continues to be the sacred asylum of the worthy and virtuous, will cease to be looked upon as the resort of those profligate wretches, whose existence is everywhere a burden." 1819. On the 6th of January, 1819, Governor Yillere, in ad- dressing the Legislature, congratulated himself on not having, as at the period of the last session, to lay before the General Assem- bly a frightful picture of disorders and enormities." He attribu- ted it " to the creation of the Criminal Court of the City of New Orleans, and to the indefittigable zeal with which the judges who composed, it had discharged their duties." He added : " Owing also to the just firmness of juries, the violators of our laws, the ■,r;> •I 636 GOVERNOR JAMES YILLEH]£. [1820. *^i malefactors of every description have suffered, or are undergoing the punishment due to their crimes. Hence it is that the City is now in the enjoyment of the most perfect seourity." According to the same authority, the ever-growing prosperity of the State left hardly anything to be desired. " The mild and powenul in- fluence of the lately restored peace had been felt throughout all clabses of the community. Party spirit had almost entirely disap- peared, and hardly did any remembrance remain of those danger- ous distinctions which had been created by idle prejudices between citizens of foreign origin. Our population had been considerably augmented ; agriculture, industry and commerce were in the most flourishing condition. If commerce, indeed, had for some time ex- perienced, and still continued to experience pecuniary embarrass- ments, the careful observer could easily discover the cause of it in its very prosperity, or, at least, in the greaL extension which the speculating and enterprising spirit that animated and marked the character of our citizens had given it in all parts of the Union. Hence, far from being uneasy, he conceived the most brilliant hopes for the future." Such is the glowing description given by the Governor. Well might he exclaim : " May we always by our conduct render ourselves deserving of such blessings 1 " -^n 1820. In January, when the tegislature met, Louisiana was still luxuriating in the smiles of Heaven, with the exception of the infliction of yellow fever, which, as usual, had visited New Orleans during the preceding autumn. But a great portion of her inhabi- tants had almost become reconciled to its ravages from the fre- quency of their return. For them it had no more terrors than had for the ancients the skull which used to figure among the roses and other luxuries that adorned their banqueting tables. There were even some who felt friendly to the scourge, as, in their opinion, it checked that tide of immigration which, otherwise, would have speedily rolled its waves over the old population, and swept away all those landmarks in legislation, customs, language and social habits to which they were fondly attached. " Among the opulent States which compose this immense and powerful Republic," said the Governor, '' the State of Louisiana is not the least remarkable. The observer no longer recognizes the feeble and languid colony, which, yielding to a foreign impulse, seemed ever ignorant of the vast resources it possessed in the astonieihing fertility of its inex- haustible soil, and unconscious of the high destinies to which it Avas called by its felicitous topography. The progress of its agri- culture, the increase of its commerce, and its population now treb- 1820.] GOVBBNOB T. BOLLINQ BOBEBTSOIf. 637 led under the anspieious inflnenoe of its wise and benoficent insti- ttttions, all attest that the people were worthy of the emancipation so essential to their prosperitj." On the 22d of November, 1820, when he delivered his last message, no cloud had arisen to darken the Elysian fields of Louisiaina. Peace and contentment dwelt alike in the rich man's luxurious house and in the humble cabin of the pioneer. In thp^t message we remark the following passage: " Wherever we turn an inquiring eye, it is impossible among the civilized nations of the earth to discover one whose situation we can reasonably envy, 'i < most powerful are certainly much less free, the most free are less tranquil, the most tranquil less inde- pendent, and the most independent less sheltered from foreign influence than the great American family." It will be the painful task of the fhture historian to discover and relate the causes which led to the rapid decay, fall and destruction of this social and politi- cal paradise. Thomas Boiling Robertson, who had for several years represent- ed the State with distinguished talents in the Lower Houi^e of Con- gress, succeeded Viller6 as Governor, in 1820. In his inaugural address he was as enthusiastic as his predecessor, when reviewing the resources, the merits and the future of the State of which he had become the Chief Magistrate. *' When we contemplate the destinies of our State, confided in an especial manner to your care," he observed, " what irresistible inducpmenta to exertions present themselves ! Blessed with a feriUe and everlasting soil, yielding products of inestimable price ; a river the most useful and magnifi- cent in the universe, passing through regions rich with the labors of a numerous and increasing population ; a city unrivaled in its commercial advantages, a natural internal navigation, requiring but little improven.ent to pervade every part of the State ; forests of timber universally sought after as best adapted to purposes of civil and naval architecture ; a community peaoefynl, industrious, flourishing and submissive to the laws ; — these are some of the proud boasts of Louisiana. Let us unite, then, to improve and develop them, and where the God of hature has done so much, dosomethiog ourselves, that we may not seem insensible of the beauties He has bestowed.'* As to the General Government, he declared that, " compared with the other Govcmments of th« earth, it towered high above them in the wisdom, economy and virtue of its meas- ures. Respected by the Monarchs of Etirope foi* its power, and fbared for its purity, it receives," he said, ^ as it merits, an almost undivided portion of the aflfection of its citizens at home." M' III \ mi' " •'If V-" topography of the State was not un- derstood at Washington, ai^d, to be understood, required to be seen ; but " ours is unfortunately the only portion of the Republic," he ob- served, " not only always unrepresented in what is termed the Cabinet, but unkno v n by personal observation, as well to all its members as, with few exceptions indeed, to the legislators of the natiouk" This was not the only oversight which he laid at the door of the Federal Government. " He had not been able to per- ceive the wisdom of that policy which had sent our naval force to Africa, whilst our own coasts, particularly those of the Gulf of Mexico, had been permitted for years to exhibit scenes of blood and rapine unequaled in atrocity in the annals of the world." As to the public lands, the Governor said in a special message to the Legislature, on the 21st of January : " This State, so far from havmg been favored, as seems to be generally supposed, will be found, after examination, to stand almost alone in the injustice which it has rti;:«i| I •fsh'U- ■ ■ . r 640 OOVEBNOB T. BOLLING BOBEBTSON. [1822. experienued ; for, wb jther we compare our situation with that of the Atlantic or the Western States, it will be perceived that we have not enjoyed the advantages of either. The Atlantic States re- served to themselves all the vacant lands within their limits ; some of them large tracts without. Let it not be supposed that this arrangement is considered by me as objectionable. At the time of effecting iihelr independence and changing thmr political situation, they wei-e separate existing communitie'i, and could not be expected to act otherwise ; so Connecticut, Georgia, Kentucky, and others, enjoyed, and still enjoy their extensive domains. But the country now forming this State was, at the time of the change of its political character, an existing community, a colony of France as they were colonies of Britain, and although I will not 883611; that Louisiana, as a Government, possessed the vacaut cer- ritory, yet, as a society, it enjoyed customs and usages of which it ought not to have been deprived. Among these was the gratui- tous conces'sion of public lands to all natives and emigrants. When we take a view of this subject connected with the donations be stowed on the Western States by the General Government, wt are still more forcibly struck with the little attention which our interests appear to have recaived. " It is estimated tb^^ already 7,gp9,903 acres on the East side of the Mississippi have V 3. appropriated for the purposes of educa- tion, and thfit the qustutity of lands on the WesD of the same, yet to be disposed of in *» similar manner, will give to the whole ap- propriation a value ^ ''t. ' , '.,. u '-.?:: ;; ■■•:;; ;' ■ .'■ ^' . c '*■'■;" 1 '.'■''■< '.'■ " SI • » :'N'iN><" 644 GOVEKNOR T. BOLLING ROBERTSON. [1824. .J- 3., .If- ■'^■m^;f<'-^'^-- It is not perhaps astonishing that the Federal Government should, at that time, have hardly condescended to treat Louisiana as a State, when wo lee that her Legislature, with the approbation of her Executive, proclaimed that her capital and largest city would be in a condition of great insecurity, without the presence of Federal troops. None but the powerftil command respect among communities, and the following communication from her high-spirited Governor to President Monroe, on the 12th of Apiil, 1823, showed but too dearly her weakness and her dependence on the ruling powers at Washington. It accompanied " Resolutions " adopted by the Legislature and forwarded by the Governor to the President : " I respectfully,*' he said, " ask your attention to the inclosed Resolutions. The situation of New Orleans cannot be considered as secure — surrounded by a numerous black population, in its nature always hostile, filled up with emigrants, and free ne- groes and mulattoes from all parts of the world. It is wonderful that we have escaped for so long a time from serious internal com- motion. We cannot conclude that this fortunate state of things is to continue always. I add, then, my wishes to those of the Legis- lature, and earnestly request that the already feeble support which we may receive from the troops of the United States may not be diminished, but rather that its efficiency should be increased. My own opinion is, that our situation requires that there should be at all times a few companies of infantry, and at least one of artillery, conveniently posted, and at all times prepared to defend and pro* tect this city." 1824. In the beginning of this year, in a message to the Legis- lature, the Governor resumed the subject of the public lands in tl^ Same mournful strain. " We have a larger portion of fertile soil than any other State in the Union ; our products are of a greater value ; but when compared with these advantages, our strength and resources are extremely insignificant. When I took my seat in the House of Representatives — your only member — Ohio had but one, Illinois, Missouri, Mississippi, Alabama, none. Since that time, millions of acres of land within their respective limits have been oMired for sale ; immigration has been thus permitted, and a change in their situation comm(>nsurate with this great impulse has taken place. Contemplate for a moment their growing prosperity, their imposing representation, their numerous and fonnidable militia ; then look at home, and behold a scattered population, unsettled and interminable forests, unadjusted titles, extensive domains in end- less dispute between the United States and its own citizens'—in- [1824. 1824.] OOVEENOr, T. BOLLING ROBEETSON. 645 1^f. deed, the State itself, after years of connection with the Union, a mere debatable land. When we read of the honorable exertions of our sister States, their canals and roads and bridgeit, often sur- passing in excellence works of a similar nature in the Old World, we feel, as Americans, proud of their enterprise — as Louisianians, unavailable regret that we cannot imitate their example and rival their success. We cannot, because of their unjust conduct toward US. In the nicest point, in the honor of our State, in denying to us an essential attribute of sovereignty, they have done us wrong. Ireland may complain that her wealthy satraps abscond from a country where they held their possessions ; our sister States of the West may experience inconvenience from their class of non-resi- dents; but in both these instances tl>e property, perhaps of more value than its owners, is left behind, subject to the ordinary or extraordinary demands of the public. Here our great landlord la not only an absentee, a non-resident, but turns his key as well as his back on his possessions, exempts them from all taxation, declares them tabooed, sacred as the ark of the covenant, and denoun- ces heavy pains and penalties on all by whom their sanctity is not sufficiently respected, whilst they stand a nuisance in our way, poisoning the sources of our prosperity, and impeding our every step toward that greatness to which we are invited by our other- wise enviable and nnequaled advantages. The day on which the disputed land claims shall be adjusted, and the domain of the United States, as it is, I apprehend, unconstitutionally considered, finally disposed of, will be hailed by me, if I live to see it, as the commencement of the real independence of the State ; for I repeat that our present situation shocks all the ideas I entertain of the nature of that sovereignty which we are entitled to enjoy." The Governor might have added, that those who thus " turned the key " on the public domain and prevented our population from in- creasing b^ immigration, tauntingly assei'ted that, if our resources remained undeveloped, it was through our fault, because we per- severed in keeping up among us the sinful institution of slavery. He contented himself with saying that, " notwithstanding those ob- stacles, Louisiana would become, as far as afiluence could make her so, splendid to a degree that must eclipse the rival pretensions of any other section of the Union, and that she was approaching with rapid strides the great destinies which awaited her, as her own Mississippi rolled on its waters, though impeded by casual obstruc- tions, to the goal to which it necessarily tended." At the end of his administration, in November, 1824, he congratulated the Legis- ■a. {' ■if'.j:' 'vi': i I /:!'• i; v-i!; ] ■'■■. t ■■y^ \. tt*' *•' 646 OOVEENOE HENRY JOHT^SON. [1820. lature"on tho happy effect of that poli> y which had heretofore Ixen perseveringly puraued. Exempt from the effects of stop- laws, relief-laws, and other similar qn ^rkery, resorting to industry and economy, apd aided by better (TO|.v than had for some years past been enjoyed, the people would probably find themselves en- abled to contribute whatever funds might be necessary for purposes of general improvement." He commented in proper teims on the malignant audacity with which a member of the Federal House of Representatives had lately said in an address to his constituents, " that the best way to secure New Orleans to the United States was to reduce its consequence." A few weeks before the expiration of his term of office, Govern- or Robertson having been appointed by the President Judge of the United States Court for the District of Louisiana, H. S. Thi- bodaux, who was then President of the Senate, became, by virtue of the Constitution, Acting Governor, until the Governor elect, Henry Johnson, was naugurated in December, 1824. The new Governor had been for several years a member of the Federal Sen- ate, and may, therefore, be supposed to have possessed a good deal of political experience. He found, on his being installed into office, that the finances of the State had been administered with singular economy, for at the end of Governor Villere's administration she tvas without a cent of debt, and she, now owed only forty thousand dollars. In his inaugural address, delivered on ihe 13th of Dcoem- T)er, 1824, he recommended to the heterogeneous population of Louisiana the observance of a spirit of concord and reciprocal good-will, which could hardly be supposed to prevail, without in- terruption, among the discordant elements which composed it. " All invidious attempts," he said, " to foment discord, by exciting jealousies and party spirit, with reference to the accidental circum- stances of language or birth-plaoe, will be strongly reprobated by every man who loves his country and respects himself. We are all united by one common bond. We neither have, nor can have, any separate or distinct interests ; we are all protected by the same laws, and no measure of policy can be adopted injurious to one portion of the community, without affecting every other in the same ratio." 1826. In January, when the Legislature met, the Gk>vemor in- formed them that the hitherto flattering condition of the State was still in the way of further improvement. He had, during their recess, traveled over the whole State on a tour of inspection, and the result of his observations had been most satisfactory. " I have ^; [1820. 1826.] OOVBBNOK UENBY JOHN80N. G47 !l;» been highly gratified," he obwerved, " iu witnoasing in every parish the utmost harmony and good-wiH. Thone syinptoms of diHcord which, to the mortifioation of every friend to his country, manifest themselves on some occasions in this our favored city of New Or- leans, are nowhere perceptible in the circumjacent country ; and even in the city they arc circumscribed, and confined chiefiy to the columns of gazettes, and perhaf>s to u few persons of intemperate feelings, or whose views do not extend beyond the mere surfaoo o*" things. A reader nnsurning the statements of some of our aty joumal^i as a erii that an assemb terest, living ui the institutionH Htepped forth wi ?v. would be apt to deem it a singular v,n( •rsons united by the bond of comti\ u ii - \me laws, possessing equal devotion to choice, and who, in a trying hour, have one accord to defend them with their blood, should take occasion, from mere imaginary distinctions, to expresH an asperity of feeling toward each other, calculated to derogate from our character and consideration abroad. Let us unite in pur- suing a course, and in setting an example, that may tend to unite the hearts of all our fellow-citizens." According to the Governor's statements, " our proximity to the province of Texas, and the peculiar situation of that country, had given rise to disorders and depredations along our frontier on the Sabine, which had become truly alarming, and required the utmost vigilance on the part of the public authorities. A number of slaves and horses of our citizens had been stolen, and carried into that province by a lawless band of men associated for that pur- pose. It also had proved a place of refuge for dishonest debtors, who fled from the justice of their own country, taking with them, in some instances, property mortgaged for the payment of their debts. The Government of the United States, at the request of the Louisiana delegation in Congress, had stationed a detachment of troops near the Sabine, with a view to prevent these abuses ; but their eftbrts on that exposed and extensive frontier had proved in- adequate to the end proposed." This state of things shows clearly, without mentioning other considerations, how extremely important it was for Louisiana that Texas should become a part of the United States. Like his predecessor, Governor Johnson felt himself compelled to advert to the evils resulting from the condition of our landed interests : " The large claims, embracing several millions of acres, to which the attention of the Legislature had been called on sev- eral occasions, still ]:emained unadjusted. Upward of twenty w m III I 5|: {■ '•(I ■ r '■,.>; i ■i' r.d m ■■■' ' t,- m IMAGE EVALUATION TEST TARGET (MT-3) ^/ # A* v^ 1.0 ^i^Aii^ 1.1 l.-^Ka FlKJtogRjphic ScMices C^poratioii <^. 33 VMIT MMN STRHT WKS7IR,N.Y. l4StO (7l«)t72-4S03 ' -^ 4^ cN 5e. 648 GOVEENOR HENRY JOHNSOS". [1826. years had elapsed since we had become a part of the American Con- federacy, and had looked to the Congress of the United States for the redress of our grievances in this respect. Nothing effectual, however, had been done. All attempts which had been made in Congress to refer our claims to the United States District Court, subject to an appeal to the Supreme Court of the United States, and which was perhaps the most expedient method of settlement that could be devised, had entirely fiiiled of success. If these claims were good, they should have been confirmed ; if invalid, they should have been expressly rejected. It was not only the parties interested who suffered by keeping these in suspense ; the great and increasing injury inflicted on the State called loudly for redress." Such was the Governor's language, and he recommended a memorial to Congress from the Legislature, " couched in strong but respectful terms." It was like a petition to the lion to relin- quish the sheep on which he was feeding, and proved equally in- effective. The question of slavery, gathering impetus and strength as it rolled on, was no longer to be permitted to rest, for it had become a settled policy to keep it constantly before the public. The Gov- ernor laid before the Legislature "ftesolutions" of the States of Connecticut, Delaware, >Tew Jersey,. Indiana, Illinois, Georgia and Mississippi, the five f'>rmer approving, the two latter disapproving a '* Resolution " of the State of Ohio, recommending to Congress and to the States the abolition of slavery. " That Resolution," said the Governor, " was presented to your consideration by my predecessor. The high source from whence these Resolutions emar nate entitle them to respectful consideration." The impudent, inter- meddling, and unconstitutional " Resolution " of the State of Ohio, recommending to Congress and Louisiana to abolish slavery, en- titled to respectful consideration I It is by such timid language, by such knee-bending attitude, that the abolitionists were encour- aged in their aggressions from the beginning. ''But however pure," continues the Governor, " the intention in which that of Ohio may have originated, I cannot withhold tho expression of my regret that it should have been proposed ; nor can I help con- sidering such attempts as unconstitutional in their character and dangerous in their tendency. They are justly regarded as tend- ing to impair the validity of the right to a species of property which is as mttoh guaranteed by the Constitution as any other, and even as an infringement of the sovereignty of the States concerned. Nor do they subserve the interests of an enlightened philanthropy, 1826.] GOVERNOR HENRY JOHNSON. 649 inasmuoh as they may awake in the minds of those who arc other- wise quiet, and as happy as their condition will admit, a desire and hope of change extremely hazardous, and prompting to acts which would necessarily bring down upon them calamities fSair greater than any which now exist. The evil in question has been entailed upon us by the mother country ; an evil which the prog- ress of things is tending to mitigate, and finally to remove. Being called upon to act on this delicate question, we should be unjust to ourselves were we not to express our opinion temperately, but decisively." Thus the State of Ohio dares openly to pursue a course of action toward the State of Louisiana which is *' unconstitutional in its character, and dangerous in its tendency," which " impairs the validity of property " to an immense amount within her limits, which is an " infringement of her sovereignty," in the opinion of her Executive, and that effete Executive is only roused to the ex. pression of a " regret" that such should be the purposes of Ohio, and does not even permit that regret to be expressed without qualify- , ing it with a compliment to the probable " purity of the intention " of the offender. Nay, he admits, much to the gratification, no doubt, of the State of Ohio, that the internal institution of Louisiana which she had attacked, and with which she had no more to do than with the laws of Japan, is an " evil ! " He seems to apologize for its existence by giving it to be understood that, it is through no fault of ours, and that it has been " entailed upon us .by the mother country ;" and, making his deference stoop as low as the bows of Eastern venieration, he appears to seek to deprecate the di.spleasure of Ohio, by informing her that " the progress of things," thereby he me»ns, we suppose, the christian&ing public opinion radiating from that enlightened land, and other effective agencies of the like nature, is " tending to mitigate, and finally to remove the evil," which, with a sisterly affection, she wished to eradicate from the bosom of Louisiana. The Governor was a very worthy gentleman in private life, anxious to pleaeo everybody and offend none ; but, it is by such men as he, thus deplorably deficient in statesmanlike energy, in elevation of views and sentiments, and in official self-respect ; it is by such men who, in their public and po- litical capacity, turned the othw cheek, whenever slapped in the face even by the hand of Thersites, that the Northern and East- cm States were induced to come to the conclusion that the South- ern States " could not be kicked out of the Union." These ex- pressions have become famour --.nd were the offspring of a convic- m |li W \ 5. in m n-- ^^v m *; ill BS 11 IP I: 650 GOVERNOR HENRY JOHNSON. [1827. tion which, leading to the perpetration of incessant outrages, pro- duced at last one of the greatest struggles of modem times. 1827. The Legislature, being officially informed by the Gov- ernor of the death of lliomas Jefferson, and of his having left to his family no other inheritance than that of his illustrious name, voted the sum of ten thousand dollars to his heirs, which wei-e deli- cately tendered as " a tribute of gratitude" from the State to the representatives of the man by whom " she had been acquired to the Uhion," and to whom she was indebced for the " blessings of political and civil liberty." The plea which had been put forth in justification of the Federal Government for stripping the new States of the vacant lands within their respective territories, was based on the necessities of that Gov- ernment. " But the period seems now to have arrived," said the Gov- ernor in his annual message of 1 827, " when the fiscal situation of the National Government is so flourishing, that sound policy would dic- tate the propriety of putting the new States oi? an equality with the old in regard to the subject of the vacant lands. Should this be done, they would emulate the example of their elder sisters, and likd them build up useful institutions, and essentially amelio- rate their condition. Without these lands, the new States have no riesources but direct taxation, which is inadequrte to their wants and necessities. It is now believed that an appt^al on this subject will not be made in vain to the justice of the older States." Such "justice" as Louisiana obtained from the "older States," from the date of her cession by France to 1861, when she attempt- ed to become really and effectually independent, is recorded in the pages of history. 1828. It is impossible, at this time, to read without a sigh the following dithyrambic effusion sent by the Gov3rnor to the Legis- lature, in 1 828 : " Our form of government was once regarded as an experiment ; its success is now the proudest triutaph of reason and philosophy. Here all political power emanates from the peo- ple ; the laws are made and administered by men of their choice, and to them the public agents are directly responsible. Talents and viftue form the greatest distinction in society. Uiltrammeled by the prejudices which elsewhere paralyze the efforts of genius, every individual, however humble his birth or fortune, may freely aspire to the highest honors of the Government. Those inestima- ble privileges of fireemen, the trial by jury, the Writ of Habeas Gorptis, the purity of elections, the freedom of the press, are enjoyed by no other people in an equal degree." With a depth of faith [1821 es, pro- ■1. le Gov- r left to IS name, ere deli- ;e to the aired to isinga of ) Federal is within that Gov- the Gov- lon of the f ould dlc- illty with dould this er sleters, ly araello- ates have ! to their lal on this !r States." sr States," le attempt- fded In the a sigh the I the Legls- irded as an > of reason ^ra the peo- leir choice, le. Talentu imeled by of genius, Iraay freely le Inestlma- of Habeas ire enjoyed >th of faith 1828.] GOVEBNOB KEJSRY JOHNSON. 651 which must have been based on the consciousness of his own recti- tude, and which he must since have lost, for he still lives a mourn- ful patriarch in a devastated land, hu thus continued : '^ But if the temple of the Constitution r^hould ever, indeed, be assaulted, the safeguards, provided by its founders, defended with the vigilance and courage of the people, vill, we trust, prove adequate for Its preservation." The Governor forgot that, If we are taught by re- ligioi»to put our "trust" in God, we are equally taught. by history not to put any In political constitutions, and are informed that the day comes, sooner or later, when " the vigilance and courage" of a people are no longer to be relied on lor the preservation of their liberties. • .^. The Legislature had passed a bill " more effectually to prohibit free negroes and persons of color from entering into this State." It was vetoed by the Governor on three grounds : The first was, that by the 8th section of the 2d article of the Federal Constitution, the power is reserved to Congress " to regulate commerce with foreign na- tions, and among the several States." '* Tet," observed the Gov- ernor, "several of the sections of this bill relate to ships and to their masters and owners, laying restrictions and imposing penal- ties of a nature that have always been considered as appertaining to commercial regulations." The second objection was, that a free negro, or person of color, excluded from the State by the operations of this bill, might be a Frenchman, or an Englishman, or a subject of some other power, and that to seize, fine and imprison black seamen for the offence of coming into our port, and captains of vessels for introducing chem, " would be to exercise a power para- mount to the treaty-making power of the United States, and would be a positive Infraction of existing compacts with foreign nations, to whose subjects the right of free ingress and egress for the pur- pose of commerce is guaranteed. Those nationtt have subjects of the class of people embraced in this bill Might not the enforce- ment of such restrictions lead to retaliation and war ?" Accord- ing to these views, a French or English negro, for instance, being entitled to e^joy all the rights of Frenchmen and Englishmen among us, coulu not be prevented from establishing a commercial house in <>ne of the principal streets of New Orleans, from driving his gay equipage, with white footmen, on a parallel line with that of the Governor^ and from figuring in all places of public, resort, such ds theatres, and other houses of entertainment, on the same footii^ Mth our white population, because his English or French countrymen had such privileges secured to them by treaties ! & 3 V » '. ' m '■ 9h< > ibt" T? '. J* ' I"' m ?■;.; 1'' 1*1 ; »i 1 ^ .tfh V 11 652 GOVERNOR HENRY JOHNSON. [1828. The third, and last, constitutional objection to this bill, the Gov- ernor considered as " equally strong." He remarked that the 2d section of the 3d article of the Constitution secures to the citizens of each State all the privileges and immunities of citizens of the Koveral States. *' In the consideration of this bill," said the Gov- ernor, '* it is only necessary to ascertain whether the persona who are its objects are citizens of any of the States of the Union. In this inquiry, the fact presses itself upon us, that, in some of the States, they are citizens to the AiU extent of the term. If we can exclude one portion of the citizens of those States, we can exclude the whole. K we are free to refuse ingress to them, they are equally at- liberty to deny access to us ; and thus the most fatal animosities and collisions might arise between the States, a calam- ity which it was the object of the Federal Constitution to obviate." These were unexpected admissions from the Executive of a slavc- hcliing State ; and it was with feelings of mortification that many remembered, ever since, that there was a Governor of Louisiana who openly declared to her Legislature,* that a negro was as much n citizen of Massachusetts as John Quincy Adams or Daniel Web- ster, and, as such, entitled in our State to all the rights guaranteed by the Constitution to these two ctistinguished men, or any other white man, whilst the Federal Government and Daniel Webster himself, as Secretary of State, refused to consider persons of that class as citizens of the United States, and the Supreme Court of the United States subsequently confirmed this view of the ques- tion. But the negro has much advanced since, and there is no telling where he will stop. On the 18th November, 1828, Governor Johnson, whose term of office was near expiring, sent his last annual message to the Cham- bers. Nothing had happened to check or mai' the happiness of the people of the State, and to impede her growth in wealth, population and power. Reverting to the sore question of the public lands, the Governor asserted that " although twenty-five years had elapsed since the transfer of Louisiana to the American Government, and although we had abundMit reason to rejoice at our happy condi- tion, and to acknowledge in other respects the wisdom and justice of the Government of the United States toward us, yet it was cer- tain that the prosperity of the State had been greatly retarded by the national jurisdiction exercised over the public lands." The Governor thus admits that, in one respect, the prosperity of Louisi^ ana had been retarded by the policy pursued by the United States. * Executive Journal, p. 526. 1828.] OOYEBI70B HEIOIT JOHNSON. G53 In such policy there certainly was neither " wisdom" nor "justice." It is to be regretted that the Qovemor did not point out in what other respects Louisiana had to acknowledge, in relation to her own indiridual prosperity and interests, as a distinct unit from the general welfare, the "wisdom" and "justice" of the Federal Gov- ernment. Cinderella had thriyon with the rest of her family, but not in consequence of any particular attention paid to her. It seems that some of our sister States had also no cause to con- gratulate themselves on the "wisdom" and "justice" of that same Government, so far as their own individual interests were con- cerned ; for the Governor informs the Legislature, that in certain quarters of the Union, " an opposition to certain acts of Congress had been recently manifested, even indicating a threat of separa- tion." But he winds up with saying : " However oppressive those acts may be in their operation upon the Southern States, the char- acter and extent of the opposition is deeply to be regretted. The charter of our liberty is too sacred thus to be sported with. Sep- arate the Union, and our free institutions may be forever de- stroyed. But these symptoms of partial discontent afford no just ground of alarm. The character of the American peopte, the de- votion they have displayed to the principles of true liberty, and to the Constitution, which is its palladium, afford a sufficient pledge for its preservation. We have enjoyed too much happiness as a nation, and can indulge too many proud recollections, to doubt the durability of our Federal Government. All attempts at dis- union or consolidation will be met by the frowns, and, if necessary, resisted by the arms of an indignant public." Those politicians who, with the Governor, affected to look upon a confederacy of independent and sovereign States as a " nation," in the sense in which the word is applied to France or England, always advo- cated measures tending to " consolidation," and it was to avoid this dreaded consolidation^ so fraught with iszectional oppression, and the direful eonseqnences of it, that " opposition was made to oertain aots of Congresii," which went so far as to " indicate a throat of separation" in those days. Governor Johnson has lived to see a proclamation from a President of the United States declar- ing, with the approbation of a slavish Congress, that the State of Lwniiiana was nothing but a " county" in the Union. His term of office expired with the end of l^e year 18S8, and he was suc- ceeded by P. Derbigny. This year, 1888, was marked by the visit to New Orleans of General Jackson, who had been invited by the Legislature to par- J'' h' v!'i ^ ';'««! if ' r, i-h\ I, W i si. Hi •, ■ ■ ' f, .V. <- ■•;. u 654 GOVEBNOR PETER DERBIOITT. [1829. ticipate in the celebration of the annivewftry of the victory of the 8th of January, 1816. Ten thousand dollars had been appropriated for his reception as a guest of the State, and it was such as became that illufitrions personage and the community who remembered his Bcr^'ices. Three years before, in 188S, Louisiana had also re- oeivcd, with the utmost enthusiasm, General Lafbyette as her guest, and had exLibited in her hospitality, as usual, that refined taste and liberality for which she is distinguished. 1829. Governor Derbigny had previously occupied conspicuous positions in the State, such as Judge of the Supreme Court, and had been also Secretary of State. Ilis administration was short, for he was killed on the 7th of October, 1829, by being thrown out of his carriage. The Oonstitution devolved the office on the Pres- ident of the Senate until a Governor should be elected by the peo- ple and be duly qualified. A. Beauvais and J. Dupro successively officiated in that capacity from the Governor's death until the 81st of January, 1831, when A. B. Roman was sworn into office. That gentleman had been a District Judge, and had fulfilled with talent and dignity the duties of Speaker of the House of Representatives. In his inaugural address the Governor informed the Legislature "that all Europe was shaken by the.^ndeavors which nations were making to obtain institutions more or less like our own, and that our Government was pointed out by all high-minded men as the ihodel of that perfection to which they hoped one day to bring the institutions of their own country, and that the United States would know how to preserve the exalted station which they held in the estimation of the other nations of the earth." These much envied United States were, however, threatened at the time with internal convulsions, and, in relation to this fact, the Governor re- marked : " Demagogues may speak of disunion, and threaten to assemble Conventions for the purpose of resisting the laws of the United States; they cannot succeed in their attempt. But even '■ should they contrive to convoke thoie assemblies, no serious dan- ger would' result to the Union ; the Constitution of the United States has already withstood, without being impaired, shocks much more violent arms and mnrch to the assiHtanoe of those whom thoy considorc* I as their countrymen in Texas. The Governor had been compelled to issue a proclamation threatening with condign punishment all those -who should violate those laws of neutrality which they were bound to observe. The Louisianians had been presented, this year« with a more legitimate opportunity of showing their martial spirit. The United States were then at war with the Sominoles of Florida, and a requisition having,^been made on Louisiana for troops, her quota wat ftirnished with great alacrity in ten days. Governor White warned the Legislature against the designs and schemes of the pretended friends of the Blacks at the North and in the West, who covered their wicked designs with the mask of hypocrisy, and whose efforts tended to plunge those they affected to love, honor and protect, into an abyss of misery and ruin. Ho predicted that, should they ever succeed in their nefarious purposes, they* would " inundate the land with human blood," and would be the criminal cause of the extermination of the unfortunate victims of their deoeitfUl doctrines." He informed the Legislature that those demons, in order to carry into e:|f;,ecution their infernal plans, had formed affiliated societies in divers parts of the Union; thatcon- sidek-able sums had been fVimished by private contributions ; and that the press itself had become their auxiliary. They printed and scattered "collections of horrors and atrocities" which had no other reality than what was given to them by the heated brains of their inventors. Every day, bookn, pamphlets and all sorts of pub- lications, calculated to operate on both sexes from childhood to senility, and fuU uf fitntastic images, engravings and emblems des- tined to act on the imagination, were belched fbrth upon the pub- lic; and the mail, which had been established for the common benefit, had become an agent of destruction and hostility to the Southern States, and was freely used for the propagation of those incendiary compositions. " t congratulate myself," said the Gov- ernor, "on my being able to lay before you a collection, although very incomplete, of the edifying works to which I have alluded. They will suffice, however, to give you a just Idea of the kind of war which is prepared in the bosom of our own ootmtry, against our peace, our fortuies, our lives and those of our children. Tliese productions, these engines of destruction, are openly sold, and dis- tributed with impunity in cities which are united to us by the bonds of Qommeree, of consanguinity and nationality." He ad- vised the adoption of precautionary measures and the better organ- 42 il! • M •'i if! • :1 «. 'm t lit i the public lands within the State, he said that, when the had renounced all the titles and rights which she might have had to them in order to be admitted into the Union — a renuncia- tion whose validity nhe might well have questioned since— she had thus stripped herself, upder the belief that the United States and Louisiana could have but one common interest in the public do- main, which would bo disposed of equitably by the Federal Gov- ernment for the benefit of all, and with an eye to the individual necessities of the States. " But, the experience of more than twenty years," continues the Governor, "is very far from having confirmed these first impressions. Congress has been less liberal to Louisiana than to any other section of the country. Either by accident or by design, the policy pursued toward us has been a system of exclusion. Immense oonoessions of lands have been made to all the new States, whilst Louisiana has only been able to obtain the petty donation of two townships ; and, although the grant was made so far back as 1827, it has been impossible to lo- cate the townships, on account' of the captions difilculties raised by the Land Office. 1837. This year was marked by an extraordinary financial crisis throughout the United States. All the Banks suspended specie payment, including those of Louisiana. The paper currency be- came greatly depreciated; the metallic one disappeared, as is always the case in such circumstances ; ruin and desolation seemed to have overspread the land ; every kind of industry was paralysed ; produce of every sort fell so low that it hardly paid for the cost of transportation ; the value of real estate fell to nothing ; credit, which is the life of commerce, died away ; and agriculture languish- ed from the want of stimulation. One would have supposed that it would have taken years to recover from such a shock, and yet, on the 7th of January, 1839, Governor White informed the Legislature ■with great satisfiMstion that the Banks had returned specie payment, and that the State was beginning to emerge from her dUBcnltics. It was consoling to him to leav) her in the enjoyment of her usual ]^Bperity, at the end of his administration, which terminated on the 4th of February. On that day, A. B. Roman, who had been elected Governor a second time, was inaugurated. On being sworn, he stated to the Legislature that, for Mveral yean, a ten- dency to disorder and license had made itself ftlt in society ; that violence and brutal force had but too often usurped the place of 11 [1837. sfactory condi- bhat, when she 10 might have n — a ronuncift- glnce— ihe had ted States and I the public do- Federal Gov- the individual of more than rar from having teen less liberal try. Either by 1 us has been a lands have been nly been able to id, although the impossible to lo- Iculties raised by iry financial orisis inspended specie per currency bc- isappeared, as is losolation seemed y was paralyBcd ; id for the cost of nothing; credit, iculture languish- ive supposed that shoclt, and yet, on ed the Legislature }d specie payment, m her difficulties, ment of her usual ioh terminated on »n, who had been irated. On being reral yeaw, a ten- t in society ; that irped the place of 1840.] GOVERNOR A. B. ROMAN. 659 the law from one extremity of the Union to the other ; and that ho relied on their cooperation to check in Louisiana any trans- gressions of a similar nature. "The invasion of her territory,'' he said, " by a troop of armed men, who, under the orders of an officer of the Republic of Texas, marched as far as the town of Shreveport, in the Parish of Caddo, is too extraordinary an event not to be noticed by the authorities of this State.'* He assured the Legislature that he would call on the Federal Government to prevent the repetition of "such an outrage. With regard to the increasing agitation of the question of sla- very, he cousidercd that the incendiily doctrines on which it was based had come to America from the other side of the Atlantic, and wore propagated among us by a foreign influence, with a view to bring about a dissolution of the Union. " It becomes us," he said, " to act on this subject with much reserve and prudence, and always to show i spirit of conciliation; but our moderation must not be taken as a proof of apprehension or weakness. I do not fear* to bo disavowed by my fellow-citizens when I declare in their name, that they shall always be found ready to maintain their rights by peacefhl means, if those meah::^ are sufficient, but also by force, if force should become necessary." Thus wore be- ginning to be hoard the distant mutterings of the coming storm. 1840. The resumption of specie payment by our Banks in 1838 did not last long, and those institutions again forfeited their char- ters — a penalty from which they had been released by the Legisla- ture. In consequence of this suspension, unpreeedentod distress and ombarraument pervaded every class of society. The Governor, in a message delivered on the 7th of January, 1840,^attribnted this general crisis to the destruction of the Bank of the United States. " The State Banks," he said, '* from that time, no more restrained, and freed from the control that prevented their increase when want- ing the basis of solid capital, began to multiply in every part of the Union. They extended their discounts beyond measure, and have since inundated the Union with an unprotected paper currency. Extravagant speculations were the necessary resnlt of this new or- der of tldngs; all classes of society wore hurried along; no proj- ect was too vast or too chimerical not to be attempted by individ- uals, corporations, and even legislatures. The fiMility with which new loans were negotiated stimulated the spirit of commercial en- terprise, and caused a startling difference between exportation^ * This passage is re-tianalated into English from a French translation, the original Englii^ text not being at hand. I Ml' f! III i.' it IP > i; Ml 'V: ft if! ■ I (I Id if. 1 r"| r I • '•. 660 GOVEENOE A. B. EOMAN. [1841. .-■''■' •■>tfc and importations — a diflference which, in the two years of 1835 and 1836, amounted to eighty-nine millions five hundred and nine- teen thousand one hundred and sixty dollars. This immense debt, due to foreign countries, occasioned a constant demand for the precious metals piled in the vaults of our Banks. England, whose interests were the most connected with our own, and who, until then, had been lavish of her loans to different States of the tJnion, or for individual commerce, found it njBcessary, for her own safety, to oppose the further extension of American credit ; and the Bank of England, in order to acoplerate the importation of gold and sil- ver, proscribed the paper of the strongest American houses. Tliis hostility between the Bankers of the two most commercial nations of the world was followed by disasters to both. The first suspen- sion of our Banks was one of the results." 1841. In January, when the Legislature met, the Banks of New Orleans hid not yet resumed specie payment, but their situa- tion was considered as so satiBfact9ry, their solvency so well estab- lished, that their notes were hardly at a discount of two per cent., and were in demand throughout the West, whilst they formed very nearly the only circulation of a neighboring State.* In connection with these institutions, it is curious to observe the rapid increase of the debts due to them by the State. At the beginning of the yeai- 1830 the State owed to the Banks $75,000; at the beginning of 1841 the debt amounted to $850,000 ; and it was generally believed at the tiine, oil the authority of persons who had made the calcula- tion, that the members of the Legislature, in their private capaci- ty, owed toithose institutions about one million of dollars. This simple statement suffices to show the danger of increasing too much the facilities of borrowing. The incessant complaints of Louisiana, and the demonstrations of the iiyustice with which she had always been treated, had at last wrested from Congress the grant of 784,320 acres for tlie support of her primary schools, but of that amount 187,584 acres were to be dednpted, as being of no value, or not available.* ** Louisiana," observes the Governor, " seems destined to derive lesA advantages from the bounties of Congress toward public schools than any other of the new States." 1843. At the beginning of this year, the Banks of New Orleans became divided as to the propriety of resuming specie payments, and some of them acknowledged that they were not in a situation * Governor Boman's MesBage, 4th January, 1841. 1842.] GOVERNOR A. B. ROMAN. 661 [1841. are of* 1835 d and nine- mense debt, land for the land, whose I who, until F the Union, own safety, id the Bank ^old and sil- ouses. Tliis jrcial nations first suspen- »e Banks of it their situa- 30 well estab- wo per cent., r formed very In connection id increase of g of the year beginning of rally believed le the calcula- rirate capaici- ioflars. This increasing too onstrations of I, had at last )r tlie support acres were to «* Louisiana," BR advantages ols than any ' New Orleans cie payments, in a situation 1. to resume without assistance. Two of them were paying specie ; the others wished to continue the suspension until November of that year. Shortly after the meeting of the Legislature in Janu- ary, the first signal for the depreciation of the paper money of the Banks was given by the refusal of some of these institutions to re- ceive, either in payment or deposit, the notes of those whose sol- vency was suspected.* Besides, the Legislature having passed a law for the liquidation of such Banks as might be insolvent, and created a "Board of Currency" to control the operations of all those institutions, and to examine and publish their real situation, the failure of all those whose credit had no other foundation than the confidence inspired by the fact that their paper was received at par by other Banks of undoubted solvency, became inevitable when that paper was rejected. There was a crash; Bank after Bank went down, like trees under the strokes of a sturdy woodman ; the financial crisis which had given signs of abating returned with more violence, and the distress became universal, " in the midst of unusually large returns which a bountiful Providence had that year bestowed upon the labors of the husbandman."* Fortunately, the immense resources of our agriculture, and the incalculable ad*^ ■ vantages of the commercial position of New Orleans, enabled us soon to overcome the numberless difficulties and obstacles with which we had to struggle. Seven of the Banks were prostrated,^ never to rise any more ; but nine weathered the storm, and in the beginning of 1843 were paying specie. The actual circulation of the solvent Banks had been reduced to $1,261,514, whilst they had in their vaults $4,565,925. Notwithstanding this accumulation of strength, which would, in ordinary times, have permitted them to afford every facility to business, the want of confide^jb and credit was such, that they wore compelled to be very restricted in their operations, and could not work in a manner beneficial to the pub- lic and profitable to themselves. Such was the pressure through- out the whole community from the absence of a sufficiency of •■ sound currency to meet the general wants, that even the taxes could hardly be collected, and the revenite of the State had dimin- ished to the amount of near two hundred thousand dollars in the year 1842. Unfortunately, at that time, her finances were not in a proper condition, as her expenses had long since exceeded her receipts. In a late message the Governor had said to the Legisla- ture : " Our debts are annually met by new loans, the interest on * Governor Koman's Message, Janiuury 8d, 1843. r it': I $1 i^' I Hi' * tt ^ \\ i ir .^auii 3 t{ .1' r i 662 GOVERNOR A. B. ROMATT. [1842. which, added to the capital, and the appropriations of each session of the Legislature, present every year a heavier deficit." In these untoward circumstances, the State found herself exposed to be called upon to pay for bonds to a very large aniount, which she had given for some of these Banks, in order to supply them with a capital which could only be procured from Europe. The difficulty to collect in time the fUnds which these institutions had bo impru- dently loaned as to place them beyond their immediate control, would, in the course of the year 1843, render it impossible for them to fulfill punctually their obligations to the holders of the bonds. It remained for the State to provide for this contingency, and save herself from the disgrace of a protest. On this subject Governor Roman addressed the Legislature in these terms : " Lou- isiana will not shrink from the call that will be made on her to keep the &ith which she has pledged. Tou know she would dis- claim those who represent her if they could think of not fulfilling the promises she has made, and I feel that I express her opinions and yours in stating that the purity of her honor must be main- tained, and that she will never furnish the enemies of popular gov- ernments with a new cause to charge them with dishonesty. Your prededeasors and mine concurred in this belief, for they have ren- dered the system of repudiatioiT as impossible among us as it is unjust, the negotiation of the State bonds having been directly , or indirectly sanctioned by every succeeding Legislature since theii' emission." These were the proper sentiments to be ex- pressed on such an occasion, and may Louisiana never entertain any other in similar circumstances ! The Legislature responded to the appeaSjpf the Governor, and the credit of the State was saved. The Governor concluded his last message in these words : " I leave the office with which I have been honored, with the pain- ful conviction of having done very little for the good of the State, and of having often failed in preventing what was injurious. It affi^rds me some relief, however, to be able to say, that I have re- fused my signature to various bills whiph, but for my disapproval, would have added to the debts of the State the sum of $7,185,000, . and that the act which binds us to pay, without any consideration, $500,000 for the Clinton and Port Hudson Railroad, does not bear : my name. My true consolation is in the certainty that distress, m a country ^so endowed with every element of prosperity and wealth, cannot be durable. The greatness of our resources has, for some years past, tended to lead us astray. We thought them without limit, and abandoned ourselves to undertakings and spec- 1843.] GOVEENOE ALEXANDER MOUTON. 663 ulations far beyond our real strength. The errors of the past will not be without their benefit, if they serve as beacons to warn us from similar mistakes in future. The country hai| not changed ; the wide career offered to our agricultural and commercial indus- try is not closed ; no convulsions of nature have destroyed the fer- tility of our soil, or turned away from our capital the stream of the Mississippi We are now aware of our real situation ; we en- joy the advantages of self-government, and our destinies are in our own hands. Louisiana might yet be properons and happy, if the means which we still retain are administered with that pru- dence and economy which should have been always observed." He was succeeded by Alexander Mouton, who began his adminis- tration on the 30th of January, 1843. The new Governor had been known before as Speaker of the House of Representatives of the State, and as a member for several years of the United States Sen- ate. He was, like his predecessor, a native of the State, and, like him, a man of much good sense and firmness, although they dif- fered in their political creed, Koman being a Whig, and Mouton a Democrat. 1843. On assuming the reins of government, Oovcrnor Mouton told the Legislature " that we could justly attribute the evils we suffered to no other cause than ourselves. Louisiana, under a good Government, and poised on her own resources, would leave nothing to be wished for by her sons. It was but too common to look abroad for causes which were to be found immediately among ourselves. It was too customary to look to the General Government for relief in distress, whilst that relief should have been sought at home. By the manly exercise of our own %}ulties, availingf ourselves of our natural advantages, and calling to our aid the sovereign power of the State, we could overcome all our diflSculties." During his long residence at Washington, as a Senator, the Governor seems to have become well acquainted with the spirit of the Federal Government, and to have mistrusted its tendencies. He knew that it was a friend to whom it was dangerous to appeal, and whose services might be too dearly bought. " It is our duty," he said, "to watch closely the action of the General Gk>vemment, so far as it can affect, for good or for evil, the great interests for which its powers were delegated ; and we should never suffer those powers to be enlarged by construction, so as to interfere with the powers vested in the States of the Union." In relation to the public lands, he described in a perspicuous manner the extraordinary injustice with which Louisiana had al- (I > .{it iiii I ifi; I if?? mi m 664 GOVERNOR ALEXANDER MOUTON. [1843. ways been treated : " Near forty years had now elapsed since the district of countrv composing the State of Louisiana became a part of the United States, and more than thirty yeans since she was admitted into the Union as a sovereign State ; and yet large por- tions of her territory are covbrcfd with nnadjusted claims of land, derived from the former Government of the country ; and a much loss portion of the public domain has been disposed of within her bounds than in other parts of the Union, possessing, to say the least of it, no greater advantages. Louisiana was the first State, formed from territory derived from foreign countries, admitted into the Union, and there are several Territories not yet admitted. For every other State or Territory thus situated, provision has long since been made by Congress for the adjustment of all disputed land claims in the Federal Courts, and they hftve long since been decided ; while for our State no such provision has yet been made, thouffh a bill for that purpose has frequently passed that branch of Con- (jress in which the representation of all the States is equaV* This simple statement alone proves more clearly than a volume of argu- ments could, the state of systematic oppression in which Louisiana had always been held by an envious, prejudiced, and fanatical majority. " At this time," continued the Governor, " large dis- tricts of country in other States and Territories are oflbred for • sale, while none has been offered in Louisiana, at public sale, for years. The State has not even yet been authorized to make any disposition of the school lands in each township. These are ob- jects of just complaint." Governor Mouton found the finances of the State in a fearful condition. " Ileam," he said,*** with deep mortification and regret, from the Treasurer's reports and otherwise, that there is now due by the State to our Banks, in round nuihbers, one million two hun- dred thousand dollars ; that there is due for salaries, interest and other ordinary expenses, about two hundred tfaotisand dollars; that there are State bonds, for the payment of which the State has no guarantee, ;to the amount of one millioh two hundred and seventy-three thousand dollars, on which the interest is unpaid ; that thisre are State bonds to a large amount, for which the State has the guarantee of the stockholders of the Citizens' Bank^ add of the consolidated Association of Planters, now in liqtddatlon, on which the interest will probably not be paid ; that the ordinary expenses of the Government exceed, and have for several years exceeded its ordinary income by more than two hundred thousand dollars ; that there is nothing in our exhausted treasury ; that the State can no 1844.] GOVERNOR ALEXANDER MOUTON. G60 longer draw a dollar from her own Bankn, and that the people are taxed as heavily as they can bear. This is indeed a deplorable situation of our affairs. Having within our limits the greatest commercial metropolis in the Union, a luxuriant climate, and the richest and most inexhaustible S(h1 in the world, we are forced to ask what has produced this disastrous result." The Governor an- swered the question by attributing our misfortunes to the inordi- nate inflation of our paper currency and to the mushroom multipli- city of our Banks, which had tempted our whole population and the State itself into such extravagance, that the State was almost bankrupt, and that there were few of our citizens who were not heavily in debt to those institutions. "The evils under which we suffer," he said, "are to be ascribed to the ascendency, the su- premacy this interest attained in our State* Had Banks been held to the responsibilities of individuals ; had they at all times been kept in a sphere subordinate to the Government itself; had the supremacy of the laws been asserted and maintained, things would not have come to the present stage of discredit and disaster. What citizen who feels for the honor of his State would wish to see the late condition of things renewed ? Our policy, our duty, then, is obvious. We must prevent, by all possible means, all tendency in our legislation to a revival of the Banking system as heretofore organized." 1 844. So recuperative is Louisiana in her energies and resources, that, on the 1st day of January, 1844, the sad condition of which Ave have seen the description had much improved, notwithstandins; she had been afflicted, in an unusual degree, with the diseases inci- dent to the climate and to Itcalciroumstaiices, and notwithstanding the rich productions of l|pr prolific soil had been curtailed by an nnpropitious season. " We have," said the Governor to the Legis- lature, ** evidently passed the deplorable crisis of immorality and distress, in which idleness, extravagance and reckless speculation, engendered by improvident legislation, the credit system and pa- per money had involved the whole country. Industry now ani- mates all classes of society, and economy surrounds every fireside. But lately the pervading spirit of our citieens was to transcend each other in Inxni^^ and splendid extravagance ; now their patri- otic emulation is to surpass each other in useful productions, and thereby to secure the comfort and independence of families, and add to the wealth and prosperity of the State. The planter, me- chanic, and professional man has each returned to his peculiar oc- cupation and proper pursuits ^ and none are now seduced by the 1:; ! ■ it I I.; Iti iif v'!' $i l! ^ 666 GOVERNOR ALEXANDER MOUTON^. [1846. bright, but fallacious, prospects of fortune without labor. Our Bankn, by their intolerable abuses, had brought the State, our public corporations and individuals, to the brink of moral degrada- tion and pecuniary bankruptcy ; but an entire revolution in public opinion and the passage of salutary laws have effectually restrain- ed them within their proper sphere ; and, while these opinions and laws are maintained, they will no longer have power to ruin them- selves by mining the community ; they will cease to- mingle in political strife, and be, as they should always have been, harmless handmaids to commerce." 1845. In January, a great excitement was produced in New Orleans by the arrival of an individual from Massachusetts, named Hubbard. It seems that Massachusetts had heard that some of lier citizens of African descent were put in jail in New Orleans for visiting that city in contravention of laws which prohibited all persons of that class from coming to the State. That Common- wealth, always so intensely hostile to the Southern States, bad au- thorized her Governor to employ an agent in New Orleans, for a term of time not to exceed one year, for the purpose of collecting and transmitting accurate information respecting the number and the names of citizens of Massachusetts who had heretofore been, or might be, during the period of the agent's engagement, imprisoned without the allegation of any crime. The same agent was also to bring and prosecute, with the aid of counsel, one or more suits in behalf of any citizen that might be so imprisoned, at the expense of Massachusetts, for the pur{)ose of having the legality of such imprisonment tried and determined upon in the Supreme Court of the United States. Hubbard had beewtkhe agent selected. He soon found out, however, that he would n||^ be permitted to do all the mischief that was intended ; and, shortly after his arrival, he wrote to the Governor that, not from intimidation, but from the conviction that his mission would be fruitless, he was ready to de- part and to return his commission to the source from which it had originated. It is gratifying to record hJs admission that he " did easily see the high moral influence which must pervade and pi'evail in the City of New Orleans; in the courteous, bland and humane manner in which her citizens of the first respectability conveyod to him their sentiments respecting his -agency and the excitement it occasioned.** These are his very words. Texas had for some time achieved her independence from Mex- ico, and become a Republic acknowledged by France, Great Britain and the United States. She was called the " Lone Star." It was [1846. Our ie, our igrada- publio igtrain- »n8 and 1 them- agle in armltiBS n New , named some of eans for )ited all lommon- , had au- ins, for a ollecting (iber and > been, or iprisoned IS also to e suits in expense of such Court of fted. He to do all [rrival, ho from the Ay to de- Lch it had he " did id prevail humane iveyod to itement it jm Mex- 3it Britain I" It was 1846.] OOYEBNOB ALEXANDER MOUTON. 667 :" S. extremely desirable for Louisiana that she should be admitted as soon as possible into the firmament of the United State^. She had applied for it and Governor Mouton, considering thi great interest which this subject had excited throughout the State, and the im- portant bearvg that it must have upon her fhture prosperity, had suggested, in his annual message on the 0th of January, 1846, the propriety of sn oh action on the part of the Legislature as would bo expressive of the wishes 4nd feelings of the people of the State concerning this measure. This part of the Governor's message was referred to a special committee, the majority of which reported ai* - versely. We made a minority report in favor of expressing by the Legislature the desire of the people for the immediate annexation of Texas by all lawful and constitutional means. But this measure, in support of which it would have been natural to expect a unan- imous vote, was only carried through after much discussion and considerable opposition, and with a proviso tacked to it, which was not free from objections. The Slate had been a large stockholder in several of the Banks, and as enoh used to appoint a certain number of directors in those instit'ations. It was found that this connection between the State and 'he Banks worked injuriously to all the parties concerned, and it 'vas deemed expedient to put an end ^o this unwise and unnatural partnership. An act had passed to that effect in the session of 1 844, but it had not been accepted by the Banks, which had object- ed to some of its provisions. The Governor, at the session of 1845, recommended that the subject should be resumed, and that amend- ments should be made which might be acceptable to those institu- tions. We moved in the House of Representatives that this pait of the Governor's message be referred to a special committee, and, as chairman, we feported aA>ill which passed, after having under- gone some modifications, and to which the Banks gave their adhe- sion. The result was the discharge of more than three millions of the debts proper of the State, leaving only a balance of $1,600,000, maturing between 1845 and 1872, which, by an annual surplus rev- enue, she could discharge gradually, or which could be mostly ab- sorbed by the sale of such portion of the public domain as she had at last, after years of repeated cfbrts, wrested from the avaricious grasp of the Federal Government. Durinpr the same session, we introduced " Resolutions, ^ which wcire a .opted, requesting our Senators and Representatives in Congress to lay before that body and the President of the United States the remonstrances of the State in relation to the want of ■a iSi i 6(38 OOVERNOIl ALEXANDER MOUTON. [18 15. Mail facilities throughout tho State, aud to use their utmcst efforts to obtain the redress of the grievances which she suffered in this respect To show .iu the most glaring manner the injustice with which Louisiana was treated, we stated in the preamble of those "Resolutions" that, during the year ending June 30, 1843, Louisiana had paid to the Post-Office Department $104,261, whilst only $37,976 had been expended in the State for 3Iail transportar* tion, when $218,056 were spei^t in Alabami^ whot^ net postage was only $80,441 ; and $05,530 were spent in Mississippi, whose net postage was only $49,734 ; and $58,825 were spent in Arkansas, whoso net postage was only $12,810 — the same favors being ex-, tended in the same ratio to sixteen other States. On the 14th day of May, 1845, there wp.8 adopted a new Consti- tution for the State, which had been fraiued by a Convention as- sembled on the 5th of August, 1844. The Convention had first met at Jackson, in the Parish of East Feliciana, but had subse- quently adjourned to New Orleans. The collective wisdom and talent of the State had certainly deliberated long enough to have produced something durable and satisfactory to the people. We shall, see, however, that but a few years had elapsed, when another Convention bad to be convened to riinend the one which had been so elaborately discussed and framedr This Constitution of 1845 was much more democratic than that oi 1812. It proclaimed the right of general suffrage, by granting the privilege to vote to every &ee white male who had been two years a citizen of the United States, who had attained the age of twenty-one years, and who had resided in the State two consecutive years next pi-eceding the. election in which he desired to participate ; it limit- ed to a short term the tenure of judicial offices, which, hitherto, had been during good behavior. A peouU§r oath about not having been engaged iu a duel, directly or indirectly, since the adoption of the Constitution, was exacted from all the members of the Gen- eral Assembly and ffom all State officers, before they could enter upon the duties of theif offices. A specif provision was inserted in the Constitutioii to remove the Seat of Government from New Orleans and it» vicinity.. . fThe aggregate amount of debts hereafter to be contracted by the Legi#latu^ was uever to exceed one hun- dred thousand dollars, except in particular cases, distinctly specified. The State was prohibited, fs^oija, ever becoming subscriber to the stock of any corporation or joint-stock,company, and no corporate body should he hereafter created, renewed, or extended, with bank- ing or discounting priy ileges. These last restrictions show that the. "1846.1 OOVEBNOR ALfeXANDEK MOUTON. CC9 Conveution, warned by the bitter experience of the past, intended q to guard against the return of those evils fVom the conseqnenccs of ^ which the State had not yet liberated itself completely. No oorpo- ratious, hereafter to be created, should ever endure for a longer term than twenty-five years, except those which were political or muni- oipaL No exclusive privilege or monopoly was to be granted for a longer periad than twenty years. The Constitution was to be submitted to the people for their ratification or rejection, and, in cose of its being ratified, it became the duty of the Governor ^ forthwith to issue his proclamation declaring the Legislature elect- y^e^ under the old Constitution to be dissolved, and directing elec- tions to be held for GoVemor, Lieutenant-Governor, Members of the General Assembly, and all other oflloers whose election was provided for. The Constitution wan ratified by the people, and the new Legislature, elected according to its provisions, met on the 9th of Febi-uary, 1846. The retiring Governor, Alexander Moutoii, complimented the Legislature on the wonderful change whicti, in three years, lince his inaugural address, had taken place in the coadition of the State, under a wise legislation and a proper system of economy and retrenchment. He informed them that he had caused to be canceled bonds and coupdAs of interest of the debt propfir of the State to the amount of more than three millions and a half of dollars, which had been paid or settled by the Treasury, un let the Act providing for the adjustment and liquidation of the del|ts proper of the State, approved the 2dd of March, 1844. " The Banks are extinguishing," he said, '* as rapidly as Aould be expected, the bonds unfortunately issued by the State to enable them to raise their capital. The Municipalities of the City have withdrawn their depreciated circnlation, and our State and City arc now blessed with a sound constitutional currency, amply ade- quate to all domestic or commercial purposes. " On taking charge of th6 Executive ofilce of the State, I formed the deliberate opinion that it was for the interest of the people and the duty of the Government to disconnect itself with all companies Jfjad corporations; to aVoid embarkiiig in improvements which, either on &ccount of their national chaiMter, should properly be made by the General Govenfttient, rn^ln those wkieh cotdd be effect- ed by the local authorities or individtial eflbrts; to pay off the whole State debt and reduce the taxlto ; to dtredl the eflbrts of the State Government mainly to the adoption aind administratibn of W189 laws for the protection of persons tod property, and the pro- motion of education and morality, and limit the offices and expenses ,1 ■i t \ ' I a. is < f ; 070 OOVSKVOR ISAAC JOHNSOlf. [184^. of the State to those which were absolutely necessary for these purposes ; and to encourage among the people a disposition to prosper, not by speoulatire schemes, but by industry in produc- tive occupation, and economy in their mode of living." These were judicious views, and the Oovemor had been remarkably successful in carrying them in to execution, for " the public credit," he said, *' has been entirely restored, and our treasury is in a most prosperous condition. On the STst of December last, there was a suri)lus in cash of two hundred und twenty-five thousand dollars in the Treasury, after having paid the extraordinary ex- penses incurred for the Statd Oonventiou, amounting to nearly ninety thousand dollars. The State debt, in round numbers, may be stated at one million three hundred thousand dollars, payable from 1848 to 1872. The cash and other assets in the Treasury, and the land fUnd of the State, would at once extinguish the debt ; and, in my opinion, the appropriation of these means to this end would be the most advisable course to pursue at present, and ever hereafter to rely upon the yearly income for all purposes of yearly expenditure." This tableau presented by the Governor shows what wonders can be worked in such a country as Louisiana un- der a wise and economical administration. Like Antaeus, she can be prostrated only to rise up with more vigor and elasticity. 1846. The Gtovemor-elect under the new Constitution, Isaac Johnson, was installed into office on the 12th February, 1846. He had been a member of the State Legislature and a District Judge. Shortly after his inauguration, hostiUties began on the Rio €(rande, between the United States and Mexico, and the greatest excite- ment prevatle "1 in New Orleans, when it was heard that Oeneral Taylor, who commanded a small Federal army in that District, was threatened to be overwhelmed by immensely superior forces which the enemy had brought rapidly against him. Taylor made a re- quisition on Louisiana for reinforcements, and the manner in which it was answered is aptly described by Governor Johnson in a let- ter to Marcy, the Secretary of War, dated June 12, 1846 : "The call upon the patriotism of Louisiana presented a starjtling view of the eritical and perilous situation of the army and of Point Isabel, and left no time for calculating reflection, and none for delay. An absorbing, energetic sentiment of duty to the country possessed the minds and hearts of this entire community. The Judge deserted the Bench, the lawyer his clients, the physician his patients, the mer- chant his counting-house, the mechanic his workshop, and the min- ister of the Gk>Bpel his pulpit, to respond to the proclamation for [184p. y for these position to in prodnc- ig.»» ThcBO remarkably Wic credit," ury l« ^" * r IftBt, there ve thousand ordinary ex- ig to nearly ambers, may lars, payable he Treasury, Ash the debt; B to this end »cnt, and ever OSes of yearly vemor shows Louisiana un- jtfiBUS, she can ksticity. iittttion, Isaac iry, 1846. He Mstrict Judge, le Rio Grande, greatest excite- •d that General at District, was or forces which ^lor made a re- lanner in which ahnson in a let- 12,1846: "The tarring view of of Point Isabel, , for delay. An iryposwMedthe idge deserted the atients,*he mer- op, and the min- ►roclamation for 1848. J GOVERNOR ISAAO JOHNSON. 671 volunteers ; and, though we had severe difflonlties to encounter, by union and decision of action they were speedily overcome. In an incredible short space of time several thousand brave and de- voted men were forwarded to the seat of war, where they hap- pily arrived in time to enable General Taylor more confidently to assume an offensive attitude against the enemy, and to crown the brilliant victories of the 8th and 9th, already achieved, with the conquest of Matamoros." The State had equipped a large force at a cost of very near throe hundred thousand dollars, which wore subsequently reimbursed by thu General Government, not, however, without treating our volunteers with some illiberality, and reject- ing some of their just claims on the plea of the iksence of certain formalities, which had not been observed, either^om ignorance, or from the want of time, when circumstances were so pressing and delays so fhll of danger.* After years of hesitation, the State had at last established a Peni- tentiary, at the high cost of (400,000. Besides this original cost, the keeping up of that establishment turned out to be a very ex- pensive affair for the State, for it amounted yearly to $20,000. The policy of farming it out was suggested, and the suggestion was adopted. The Penitentiary was leased out for five years, dur- ing which it not only ceased to be an expense to the State, but yielded large profits to the lessee, who realized more than $19,000 a year. In subsequent leases the State even derived a handsome revenue fVom the Penitentiary. It is a striking illustration of the manner in which certain institutions are administered in the name and on behalf of the State. She will become bankrupt where indi- viduals will be jome rich. 1848. In his message of the 18th of January, the Governor had the satisfaction to inform the Legislature that, with regard to the banking institutions of the City of New Orleans which were not in a state of liquidation, " there was nothing hazarded in express- ing the opinion that, at no period of their history, were they in a sounder and more healthy condition than at this time." Although the Legislature had yearly appropriated large sums for public works and improvements throughout the State, yet the results had always been far from mcetii^ the expeotatiiniB entertained on the subject. Hence the Gk> vemor, in 1848, had fiilt authorized to in- form the General Assembly ** thst the Civil Engineer of the State had been iadtefhtigable in Ms Department, and that his Report would * GoveiDor Johnson's Message, Jannaiy 11, 1847. , 1 '■ i 1 I ! f <\ 1 t 672 OOVEBNOB ISAAC J0UN80N. [iHfiO. announce tho Htartling and uiipruce area of slavery, had proposed a legislative cnaotniont which would confine it to its present limits. It was called the " Wilmot Provi- so," and revived the excitement which the discussion of such a ' subject always produced. In relation to it the Governor observed : " The issue has been forced upon us, and it should be met respect- fully and temperately ; but at the same time with a firm and un- compromising resistance. Let us, at least, take care that they who have sowed the speck of storm shall not force us to reap the whirl- wind." The Legislature having adjourned on the 10th of March, 1848, without adequately providing, as required by the Constitution, for .; the establishment, organization and support of public schools ' throughout the State, were convened by the Governor in extra- dinary session, and met on tho 4th of December in the same year, when they repaired the omissions of the last sessioa Already were biennial sessions, limited to sixty days* found to be an evil. Tlic object of this constitutional change had been to guard against too much legislation, but it seems to have been a leap irom Scylla into Charybdis. 1850. On the 31st of January the Legislature met for the first time, under the new Constitution, at the now scat of Government, ., the town of Baton Rouge, where a State House, in the Gothic stylo of architecture, had been constructed. On the 2d of March, 1849, Congress had passed %,law granting jv to the State all the swamp and overflowed lands withiq her limits, on ^4 the condition of her constructing •u*'»* dior uii^y uly forti- ujt duty ; ciled, l)ui ir, and rc- aiesoftlie ry, aud, i" iiwylvaniftj ivon of the bioh would jnot Provi- n of Bttc^ * )r observed: met teapect- Srm and un- [iat tbey who ip the whirl- March, 1848, irtltution, for ihlic schools lor in extra- ^e same year, aready were .nevU. 'Hw W against too U Scylhi into et for the first Government, [e Gothic style ^>w granting n her limits, on E^is as would fdation of the |o area of the I860.] OOVERNOB JOSEPH WALKEB. 678 Hwafnp lands thus ceded by the Federal Government was estimated at about two millions two hundred and sixty-six thousand acres. In relation to the slavery question, which was still agitated in and out of Congress with greater violence than ever, and which, hpnoeforth, was never to be permitted to slumber until it cnlmi- nated to one of the grandest catastrophes of modem times, Gov- ernor Isaac Johnson said : " Non-interference by Congress with the slavery question is the surest means of preserving the Union, and that doctrine should be insisted on with an unflinching resolu- tion never to surrender it. To any proposition, therefore, to com- promise that doctrine, the South, with the bitter and humiliating experience of the past before her, will turn a deaf ear. Submission to incipient oppression prepares men for the yoke, and compromises on this question are nothing else than anti-slavery victories. The repeated, galling and unprovoked aggressions of anti-slavery leave no room to anticipate a ceseation of hostilities, and the South has been sufficiently warned that, if it is wise to hope for the best, it is equally pn^dcnt to prepare for the worst It is far better to be lawless than to live under lawless rule." On the 23d of January, 1860, we, as Secretary of State, and P. E. D. Livaudais, State Treasurer, who constituted the Board of Currency, laid before the Legislature our Report, which concluded in these words: ''From the examination of the annexed docu- ments, we hope that your Honorable Body will come to the conclu' sion that we have exercised with due vigilance that supervision which was intrusted to us by the Act of 1843 ; that the institution of the Board of Currency has been a measure productive of saluta- ry influence over our banking system ; that it has prevented the recurrence of the seme errors fi'om which this community has snf- fered so much ; that our Banks continue to be in a flonrisbing con- dition, and that the currency of the State of Louisiana is now as sound as could be desired." On the 28th of January, 1860, Joseph Walker, the successor of Isaac Johnson, was inaugurated. He had long been in public life as a member of the Senate, as State Treasurer, and api President of the late Convention who had framed the new Constitution. He expressed, in the following terms, his ^Hews on the slavery ques- tion : " Situated as we are, I think we owe it to ourselves, to our sister States of the South, and to our Northern brethren, to declare that if^ unhappily, the anti-slavery agitation wluoh has so long been allowed to insult our feelings should be carried to the point of aggression upon our rights; if th^ equality between all the » r I 674 GOVERNOR JOSEPH WALKER. [1852. mm ^^(, HL' ^flii>?!SSmMB!: i^w^" ■M.IH^^^K'S^B ^^^i fFl'jIrarj^ ^^^li ^^1 ff* ii.*lflft«*'fjKic 1^^ rilfls^^^^ l^n ^^r^ R^ m members of the Confederacy, established and guaranteed by the Constitution, should be destroyed or trenched on by the action of the General Government, then we are prepared to make common cause with our neighbors of the slaveholding States, and pro- nounce the Union at an end. For myself, I do not hesitate to say, that I should look upon a dissolution of the Union as the greatest calamity that could befall us ; but that, great as this calamity would be, I am certain there is not one of our citizens who would be willing, for a moment, to weigh it in the balance against the dishonor of submission." 1852. When the Legislature met in January, there was a gen- eral impression that they would call a Convention to amend the Constitution so lately adopted in 1846. The people seemed to be already dissatisfied with it, and, in relation to the supposed dispo- sition entertained by their Representatives, the Governor, who was opposed to the contemplated measure, stated in his address on the opening of their session, " that he did not see any good ground in what had passed, or was passing in State affairs, for an- other change in our organic law." He recommended to their attention the principle anunciated by Jefferson, " that forms of government should not be changed for light, trivial causes." He observed, that "nothing contributes more to a sound state of things than stable laws, faithfully executed, and a conviction in the public mind that they will not be changed until such change is demanded by reasons of an irresistible character." He judi- ciously remarked, that a new Convention probably would not, upon trial, " meet every expectation of the people more satisfactorily than the one which framed the present Constitution." Ibe Gov- ernor did not seem to be aware that perpetual change is the essential characteristic of democracy, and that one might with as much reason expect steadiness from the wind, as stability in legislation under a popular government. Thus, notwithstand- ing his arguments, an Act was passed " to take the sense of the people on the expediency of calling a Convention to change the Constitution, and to provide for the election of delegates, and the holding of the Convention." The sense of the people, as a matter of course, was for calling a Convention, which assembled on the 6th of July, 1862. The result of their labors was the framing of as radical a Constitution as could be devised. Every office, even that of the judiciary, was made elective, and for a very short ten- ure. Constant elections and ''rotation in office" were for the future to be the order of the day. The sessions of the Legislature 1853.] OOVEBNOB JOSEPH WALKEB. 675 were again to be annual, as nnder the Constitution of 1812, but still limited to sixty days. The restriction against running the State into debt and against creating banks being found inconvenient, was left out in the new Constitution, under which an election hav- ing taken place for Governor, P. O. Hebcrt, who had been Presi- dent of the late Convention, and who had filled the office of State Engineer, was raised to the dignity of Chief Magistrate of the State, and sworn as such in January, 1853. 1853. On the l7th of the same month, Joseph Walker, who was retiring into private life, had sent to the Legislature his last mes- sage, in which he congratulated them on the present peaceful, flourishing and happy condition of the State, and on her prospect- ive prosperity. In relation to the new Constitution, the Governor observed : " The authority granted to the Legislattire by this in- strument, to pledge the faith of the State, and contract debts for other purposes than to prosecute war and subdue insurrec- tions, is a power that should be guarded with sleepless vigilance, and exercised with extreme caution. The experience of a long life, no small portion of which has been spent in the public ser- vice, has convinced me that the best policy, both for individuals and governments, is to avoid debt as far as practicable." With regard to the removal of the prohibition to create bank- ing institutions, Governor Walker said : " There never was prob- ably a time when it was less necessary to extend this class of facilities than the present. A long period of comparative economy and successful industry has relieved the great mass of the com- munity from harassing debts, money is abundant and cheap, the community is solvent, enterprise is active without wild specula- tion, and the precious metals are constantly and abundantly in- creasing. Why should we then flood the country with bank issues ? Why afford the means of hasty speculation ? Why run the risk of former painful evils ? The influx of precious metals from Califor- nia, Australia, and other sources, is unparalleled in the monetary history of the world, and bids fair to change even of itself, without artificial aid, the healthy relations of capital and labor." The Governor's views were correct, but he seemed to forget, when in- dulging in these interrogations, that the recent Convention had been called by the influence of stockjobbers and politicians, precisely to remove these restrictions^ which they had found to be unpleasant fetters to their designs. As to the Banks then existing, whatever might be the future condition of those to be created, they were stronger than similar institutions ever were, for according to the 676 GOVEENOB P. O. HEBEBT. [1864. statement of the Board of Currency, dated December 30, 1852, the amount of circulation of the Banks was $5,400,946, while the spe- cie in their vaults was $8,207,042. During the administrations of Johnson and Walker, New Or- leans had been the centre of an organization to revolutionize the Island of Cuba, and procure her annexation to the United States. It ended in the failure of the ill-advised Lopez expedition, which brought the leader of that name to the scaffold, caused the death of many of his rash companions, and produced a riot against the Spanish flag and Consul in New Orleans, for which the Federal Gov- ernment had to give redress to Spain. A large number of Coolies had been permitted to be introduced at that time into the Island of Cuba, and it was supposed, at least in Louisiana, that Spain, under the pressure of Great Britain, was taking initiatory steps to abol- ish slavery in that colony. Acting under the influence of these apprehensions, Governor Hebert, in his annual message of 1854, said : " Will the Federal Govemmoht, charged with the interna- tional interests of States, anticipate the threatened peril, or pa- tiently and quietly await the occurrence of it ? The evil would then be irremediable. Confiding, as we may justly do, in the firm- ness, patriotism, and truly national spirit of the Chief Magistrate of the Union, the deliberate expression of the sentiments of the people of Louisiana upon this all-important subject would at once sustain the watchfulness of the Administration, and strengthen their hands in executing any measure for our protection which they might deem necessary to adopt." The Chief Magistrate of the Union was then Franklin Pierce, and the " measure" which was expected for our protection was the acquisition of the Island of Cuba. We know that the negotiation which was attempted on this subject failed as miserably, if not as tragically, as the Lopez expedition. Danger came to us from a very different source from the one alluded to by Governor Hebert ; for slavery is still protected by Spain in her West India colonies, whilst all the Southern States are in arms, at the time when we write these lines, to defend this institution against the Federal Gov- ernment. 1854. When the Legislature met on the 16th of January, the gloom and desolation produced by the extraordinary and fatal fever which had prevailed throughout the State during the sum- mer and autumnal months of the preceding year were not yet dissipated, and well might the State grieve, for she had been de- prived of thousands of her sons by the most frightfUl epidemic [1854. 1852, the e tbe spe- New Or- Lonize the ed States, on, which the death gainst the deral Gov- of Coolies 3 Island of ►ain, undci* ips to abol- je of these re of 1854, he interna- eril, or pa- evil would in the firm- Magistrate lents of the lid at once strengthen cstion which igistrate of lure" which the Island attempted illy, as the y different for slavery nies, whilst n we write ideral Gov- [anuary, the and fatal Qg the sum- [ere not yet lad been de- JEul epidemic 1866.] GOVERNOR P. O. HEBEBT. 677 which she had ever witnessed. It had not confined its ravages to New Orleans, but had spread to distant parishes in the country. Notwithstanding this heavy blow, she was otherwise prosperous, and energetically engaged in the construction of railroads, and in carrying on other works of internal improvement. She had made large appropriations to organize and support her new system of Public Schools, and to survey and reclaim the swamp lands granted to her by Congress. She had therefore increased her debt proper to $3,281,809, but there was not in this amount of indebtedness any disproportion with the extent of her resources. It must be admitted, however, that she had been remarkably unfortunate in the choice of her collectors of taxes ; for it appears from a list pub- lished in 1864, by the State Auditor, agreeably to law, that there had been from 1830 to 1848 inclusive, sixty defaulters for public moneys, and that the sums of which she had been thuB defrauded amounted to $271,656 96. 1865. On the 16th of Fobroary the Legislature met at Baton Rouge, a few months after the yellow fever had, for a second time, desolated the State. " The general prevalence of that disease," said the Governor in his annual message, " dm-ing two successive years, in the most malignant fom^ seems to authorize the conclu- sion that, supposing it to have been at any time of foreign origin, it has now assumed a fixed habitation within our borders." He called the attention of the General Assembly to the Report of the Swamp Laud Board, which showed that at least six hundred and fifly thousand acres of overflowed lands had been reclaimed, at a cost of one hundred and fifly-six thousand dollars. A most grati- fying result, if strictly accurate. An intelligence which was less gratifying was, that the Report of the Superintendent of Public Ed- ucation exhibited an unsatisfactory condition of our educational system. "Indeed," said the Governor, "the system may be con- sidered almost a failure, or rather it is not a system. It is the be- wildering confusion of chaos." The Governor also complained of the disorganized state of the militia — a steady complaint from all our Governors ever since 1804. All had remonstrated against that evil with indefatigable pertinacity, but their remonstrances had been but seeds cast on the rock, or on such light soil as not to germinate and bear fruit. " It is the duty of Louisiana," observed Governor Hebert, " a duty which she owes to her own self-preser- vation and to her sister States of the South, to cultivate the martial spirit of her people. Her position exposes her to the first assault of the enemy. She should be ready at all times in contribute her I'. i 678 GOVERNOR P. O. HEBERT. • [1865. full share to defence. She must be prepared to meet the responsi- bilities which the spirit of fanaticism at home may impose upon her, and which an attitude of firmness, with all the preparation to maintain it, may alone avert. 1865. This year was marked by what may be called the demo- lition of the " Know Nothing " party in Louisiana. It was a se- cret Order which had been imported into the Stat" from New Eng- land, and into which numbers were introduced under the sanctity of an oath. They recognized each other by certain signs and grips, and could not penetrate into the halls where the society met with- out exchanging pass-words, and without other formalities. There were several grades, and those who belonged to the highest knew more of the real designs of the society than those who were on the inferior steps of the ladder. The Know Nothing party had no other ostensible object than that of excluding foreigners from participating in the administration of the affairs of the country, of securing the purity of elections, and establishing firmly the prac- tical operation of the golden rule, " that oflice must seek the proper man, and not be sought by him." Partly seduced by this standard, partly by the attractions of novelty, and perhaps also from other motives, almost the whole of Louisiana may be said, with truth, to have rushed with ejjthusiastic precipitation into the arms of this mysterious Order. Thus far it was a mere Stat*} organ- ization, but it soon was found indispensable to connect it with the other Lodges of the same Order in the other States, with a view to establish upon the original association a national party. To this effect, there was to be a grand meeting of all the Lodges in Phila- delphia in the month of May. It was to be an imposing Conven- tion, in which means were to be devised to strehgthen the as- sociation, and to enable it to elect a President of the United States and secure the reins of the Government. But it began to be rumored at this time in Louisiana that the main object of this wide-spread organization was the proscription of Catholics. It produced great excitement, and it was determiced to test the ques- tion. Six delegates, of which five were Protestants and one Catho- lic, were elected to the Philadelphia Convention. On their pre- senting themselves to that body, the five Protestants were told that they ccnld come in, but the Catholic was rejected unless he consented to mako certain concessions, to which he was not in the least disposed to assent. His Protestant colleagues remonstrated in vain against such a distinction, and the result was that they retired with their Catholic associate. On the report of |his fact made in [1855. 1866.] OOYEBKOB P. O. HEBERT. 679 B responsi- ipose upon )aration to the demo- was a se- New Eng- le Banctity i and grips, T met with- ies. There he highest 3 who were r party had .gners from country, of [y the prac- ist seek the iced by this erhaps also nay be said, ion into the State organ- it with the th a view to ;y. To this Tea in Phila- Ing Conven- ;hen the as- the United i it began to »ject of this itholics. It sst the ques- l one Catho- n their pre- bs were told sd unless he as not in the lonstrated in they retired fact made io an immense meeting which took place in New Orleans, the Know Nothing party of Louisiana emphatically refused affiliation with the party of that name in the other States, and from that time this celebrated Order, which seemed at first to be gifted with such exu- berant vitality, rapidly decreased in numbers and influence in Lou- isiana, because many hurried to withdraw their names and co-ope- ration. It had the same fate from Maine to Florida, when the truth was known. The religious persecution which it carried in its bosom, and which it wished to hatch, tainted its blood as if with leprosy, and it withered away as rapidly as it had sprung up into gigantic proportions. To Louisiana belongs the merit of having spumed and repudiated the poisonous cup which Northern fanati- cism had 80 successfully sweetened with honey. 1856. In January, the official relations of Governor Hebert with the State terminated. In his valedictory message he referred with deep mortification to the scenes of intL.uidation, violence and blood- shed which had marked the late general elections in New Orleans. He said that the repetition of such outrages would tarnish our na- tional character, and sink us to the level of the anarchical Govern- ments of Spanish America ; that before the ocuurrence of those " great public crimes," the hideous deformity of which he could not describe, and which were committed with impunity in mid-day light and in the presence of hundreds of persons, no one could have admitted even the possibility that a bloodthirsty mob could have contemplated to overawe any portion of the people of this State in the exercise of their most valuable rights, " but that what would then have been denied, even as a possibility, is now an historical fact." He committed to the wisdom and patriotism of the Legis- lature the entire subject, as perhaps the most important in its nature and general bearings which could engage their attention. During the preceding summer of 1854, Louisiana had again been submitted to the desolating ordeal of the Yellow Fever. It origina- ted in New Orleans, from which it spread to the most remote parts of the State. It had always been a dark spot among those elements of prosperity which had continued to develop themselves in a country so richly favored by nature, and by those free institutions which, though so frequently abused, are yet so conducive to human happiness. Great works of internal improvement had been steadi- ly advancing to completion, and had already realized some of the advantages which were expected from them. The New Orleans, Jackson, and Great Northern Railroad had been pushed beyond the limits of the State, and the New Orleans, Opelousas and Great 680 GOVERNOR ROBERT C. WICKLIFFE. [1866. I|; Western Railroad was in suceesBful operation over a distance of sixty-six miles. The finances of the State were in a sound and healthy condition, there being a balance in the Treasury of $682,305 on the 31st of December, 1866.* The Governor concluded his message in these words : " The wild spirit of fanaticism which has, for so many years, disturbed the peace of the country, has steadily increased in power and influence. It controls the councils of several S rates, nullifies the laws of Con- gress enacted for the protection of oui- property, and resists the execution of them, even to the shedding of blood. It has grown so powerful that it now aspires to control the Federal Legislature. The fact can no longer be concealed, however much it may be re- gretted. The slaveholding States are warned in time. They should be prepared for the issue. If it mutt come, the sooner the better. The time for concessions on our part and compromises has past. If the Union cannot be maintained upon the just and whole- some principles of the Oonstitution, concessions and compromises will only retard its dissolution, not save it. They have had thus far no other result than to encourage attack and increase the num- bers of abolitionists. It would, however, be premature to suggest practical measures of resistance or retaliation. The present ses- sion of Congress will develop folly the plans of that party. Your own action must depend, in a great measure, upon the course which they shall pursue. The responsibility will be upon those who have forced us, in defbnce of our most saored rights, of our honor, and of our very existence, to resort to extreme reme- dies." Governor Hebert was succeeded by Robert C. Wickliffe, a Ken- tuckian by birth, whose family had obtained great political distinc- tion in that State. Robert C. Wickliffe had settled in the Parish of West Feliciana, had practiced law and become a leading Demo- crat in that section of the co^mtry. After having served in the Senate of the State for several years- he was raised to the Execu- tive chair. In his inaugural address he said : "It is deeply to be regretted that the overshadowing power of the Federal Govern- ment, in its actual administratioii, should so much divert the atten- tion of the people from a proper consideration of the local wants of their respective States. In the struggle, on the one hand, to en- large, and, on the other, to limit the power of Congress to those positively delegated, parties are organized with reference to Fed- • Governor Hebert's Meosage, 1866. [1866. I860.] GOVERNOR ROBERT 0. WICKLIFFE. 681 ince of ind and (632,305 rhe wild •bed the nfluenoe. i of Con- sists the 18 grown gislature. ay be re- le. They sooner the •mises has md whole- [npromises had thus 3 the nuTO- . to suggest resent ses- hat party. the course ipon those its, of our |eme reme- iffe, a Ken- leal distinc- Ithe Parish ling Demo- red in the Ithe Execu- seply to be ral Govem- the atten- )cal wants land, to en- to those ice to Fed- eral issaes alone. Our domestic interests are forgotten, neglected, or absorbed in the contest for Federal power. " This practical working of our double systems was not antici- pated by the framers of the Constitution of these United States. Had Congress confined itself to the execution of the few grants of power delegated to it by the several sovereignties that compose the Union, the result would have been diffei'ent, and would not have deviated from that anticipated by our fathers. But Congress has proceeded step by step to extend by implication its power, and to control, develop, or modify interests which were left by the Constitution to the operation of natural causes, the siiarp rivalry of individual enterprise and the wisdom of State legislation. " It is not my purpose to review the history of what has been justly regarded as the usurpations of Congress, nor to trace out the manner in which its limited powers have been extended to subjects not properly within its control, and made to bear on the highest interests, which ought to have been, and were reserved as exclusively appertaining to the State Governments. But I am compelled to say, that the steady encroachments made by Congress on the reserved rights of the States have not only sanctioned but encouraged outrages, that, if not checked, will undoubtedly result in a dissolution of the Union. " I do not wish to speak lightly of the Unioui Next to the lib- erty of the citizen and the sovereignty of the States, I regard it as ' the primary object of patriotic desire.* It should be dear to us as a sentiment, and dearer to xis for its real value. But it cfinnot have escaped observation, that the hold which the Union once had upon the affection of the South has been materially weakened, and that its dissolution is now frequently spoken of, if not with ab- solute levity, yet with positive indifference, and, occasionally, as desirable. " It should always be remembered that every interpretation of the Constitution, not sanctioned by its letter and spirit, forms the basis for future unwarranted construction, and so we shall go on, until, in the end, the States become mere dependencies, and life, liberty and property shall lie at tne mercy of naked majorities of Congress. Such has been and such is the tendency of Federal legislation ; nor is this all. Disregarding the rights of the States, Congress seems to have looked mainly to the interests of a sec- tion of the country, until that favored section has begun to con- sider the Constitution, not only made for its advantage alojie, but actually as a means of aggression upon the rights, the interests and G82 GOVERNOR ROBERT C. WICKLIFFE. [1860. f the honor of the Slave States ; bo that, at this time, a party has been formed, and in in a relative ascendency in the lower branch of Congress, with no other bond of union than a settled purpose to make war on the institutions of the South, not that these insti- tutions are hurtful to the North, but because they are in conflict with one of the forms of fanaticism, which the misguided people of the North have adopted through the designs of artful men, cov- etous only of their own political advancement. ^ " Unless the progress of this insanity is checked, the Union will soon be a matter of history. Unity of action on the part of the South, a determination calmly made and fearlessly executed, to permit no further encroachments, can alone perpetuate the Union of these States ; and that Union is not worth preservation, if we of the South are to be incessantly engaged, in and out of Congress, in defending ourselves from the attacks of those who use the Union as a means or assault upon us. " It has, therefore, become the painful duty of every slave State distinctly to declare that no further aggression will be pennitted, and to invite the co-operation of every State in vindicating, to the last extreme^ the rights secured by the Constitution, and which are immeasurably of more value than the Constitution itself." The Gov- ernor went on in the same strain sounding the tocsin of alarm. There was unfortunately but too much cause for apprehension, for the dullest eye could see the danger as it came onward on the wings of the lightning which announced the storm. Referring to the internal condition of the State, Governor Wick- liffe said : '' Bountiful as nature has been to Louisiana, the skill of the engineer is still essential to her full development. With twen- ty-five millions of acres of fertile lands, hardly a tenth is in culti- vation ; with a sea-coast a third in length of the State, we have a tonnage almos*^^ in its infancy. With capacity to produce all the cotton needed for the British Empire, and all the sugar required for this great Confederation, we are as yet but laggards in their growth. With thousands of miles of internal navigation, our pro- ductions frequently can find no market, and North and South Lou- isiana are strangers to each other. Toward the cultivation of these .millions of acres, toward the improvement of these miles of navi- gation, toward cementing together these sections, discreet and timely legislation can do much. As yet nothing, absolutely noth- ing, has been accomplished. A fund for internal improvements has existed for years. Large amounts of it have been expended. Yet it would be difi&cult for even a curious inquirer to discover any [1866. ty has branch )urpo80 B insti- confliot people en, cov- ion will , of the lUted, to le Union 3n, if we /ongress, be Union ive State erraitted, 1867.] OOVEBNOB ROBERT 0. WICKUFFE. 688 ing. to the which are The Gov- lof alarm, snsion, for kvd on the lor Wick- le skill of ''ith twen- 18 in culti- re have a Ice all the required L8 in their I, our pro- »uth Lou- m of these IB of navi- [creet and itely noth- »ment8 has Ided. Yet icover any eneflt that has resulted from it." These were sad truths from the lips of the Chief Magistrate. He further said : " It is passing strange that, in a popular Government, without privileged classes, without stipendiaries on the bounty of the State, mismanagement and recklessness should be tolerated." If the Governor had re- flected a little on the nature of man and looked into the pages of history, he would not have thought it ^' passing strange" thtft pop- ular Government should be liable to mismanagement and reckless- ness. " May," continued the Governor, " the future redeem the errors of the past, and, striking boldly and freely at all maladmin- istration, vindicate the purity and wisdom of republican institu- tions, while we promote and enlarge our material interests." Thus far this patriotic hope has not been realized. 1867. At the opening of the annual session of the Legislature in 1857, the Governor complimented them on the result of the late Presi- dential election, which had secured the success of the Democratic Party represented by James Buchanan and John C. Breckenridgc over Fremont and Dayton, who were the exponents of the subver- sive doctrines of Black Republicanism. He expressed the convic- tion that their wise and conservative rule would give peace and quiet to our country, and would bring back that iraternal love which existed during the earliest days of our Republic, and which gave such bright hopes to our forefathers throughout the darkest hour of our struggle for independence. " Should, however," he continued to say, " those bright and cheering anticipations, which we now so fondly indulge, not be realized, when freedom and equal- ity in the Union are denied us of the South by the people of the North, then Louisiana will take her position, and maintain her rights by the strong arms and bold hearts of her brave sons." He also informed the Legislature that the immigration of free negroes from other States of the Union into Louisiana had been steadily increasing for years, that it was a source of great evil, and demanded legislative action : " Public policy dictates," he observ- ed, " the interests of the people require, that immediate steps should be taken at this time to remove all free negroes who are now in the State, when such removal can be effected without violation of law. Their example and association have a most pernicious effect upon our slave population. At the same time, the law forbidding the master to allow the slave to hire his own time should be made more stringent, and more vigorously enforced — these examples being scarcely less injurious to the slave than that of the free negro, n 084 OOVEKNOB ROBERT 0. WICKUFFE. [1868. Although tho late Presidential election to which Oovcrnor Wiok- liffe referH had been considered as determining whether the South- ern States should continue, or not, to remain in the Union, and although it had been, for this reason, the most important which had been held since the foundation of the Federal Government, yet, out of 11,817 votes registered in the City of Now Orleans, only Sj^iSS were oast, showing, apparently at least, an inexplicable apa* thy on the part of 3,484 citizens. The Governor commented on this regrettable fact in the following language : " It demonstrates that some extraordinary cause was at work to prevent a largo pro- portion of lawful voters from enjoying the sacred franchise of tho Constitution. It is well known that, at the two last general elec- tions, many of the streets and approaches to tho polls were cora- ])lctely in the hands of organized ruffians, who committed acts of violence om multitudes of our naturalized fellow-citizens who dared venture to exercise the right of suffrage. Thus nearly one- third of the registered voters of New Orleans have been deterred from exercising their highest and most sacred prerogative. The expression of such elections is an open and palpable fraud on the people, and I recommend you to adopt such measures as shall effectually prevent the true will of the majority from being totally silenced." The evil pointed out b^^the Governor was of the ut- most magnitude, but there was one still more dangerous than any which resulted from open violence. It was that corruption which enabled foreigners just landing on our shores to vote, and which put two or three thousand illegal voters at the disposal of what- ever party had the means of buying them. This was the main cause which, by producing intense disgust, went much farther than the fear of assassination to prevent honest citizens from resorting to the ballot-box. They knew all our elections to have become so hopelessly fraudulent, that it was disgraceful to participate in them. They had retired from the political arena in sullen despair. 1868. In the beginning of this year the Governor made known to the Legislature that the total receipts for the year, less the unexpended balance from the accounts of the various special and trust funds, were estimated at twelve hundred and twenty-two • thousand five hundred and six dollars, and that the most rigid economy was demanded of the Government, not less by a consider- ation of peculiar exigencies, than by the depressed prices of all i the great staples of our agriculture and the pecuniary distress^ which prevailed amongst the commercial and industrial classes. " It will be readily perceived," he said, " that the current general [1868. 1860.J 0^-1*508 U WICKLIFFE. G85 Wick- South- tn, and which nt, yet, iB, only )le apa- ited on iBtrates rgo pro- B of tlio ral elec- jro cora- actB of ms who illy one- deterred fc. The id on the as shall g totally f the ut- than any on which lid which of what- the main ther than sorting to ecome so cipate in a. despair, lor made year, less as special yenty-two lost rigid consider- ices of all y distress classes, nt general resources of tkB tUMi MtftuWlually sinking IksIow the general and extraordinary vxiMnlitui s and, each year, the State has been forced to borrow a larger sum from the Special and Trust Funds of the Treasury, to make good this continually swelling deficit. It is time this vicious practice be corrected, and th' expenditures of the Government confined within the limits of its own proper reve- nues." This advice was wise and opportune, for Louisiana had been suffering from one of those periodical financial crises which are so fre- quent in the United States. It had originated toward the close of the month of \ugust, 1867, in New York, and in October began to be severely fe.t in New Orleans. Three of the Free Banks were forced to succumb to the storm, and one of the chartered Banks had practically suspended. There was a deficiency of specie in the vaults of those institutions, to the amount of about eight hundred thousand dollars."* But, fortunately, a few weeks sulBccd to rein- state them in the position which they ought to have maintained. The temporary shock which they had received showed after all their real strength, and increased the confidence deservedly reposed in them, not only in the State, but also in other parts of the Union, where they stood higher in reputation than any other institutions of the like nature. For years past the Governors of Louisiana, whenever they re- ferred to our Federal relations, had never had any satisfactory*^ communications to make. Again Governor Wickliffe, like his pred- ecessors, informed the Legislature " that the affairs of the Federal Government had been by evil-disposed persons seriously disturb- ed." He called their attention to Mormonism in Utah, whither United States troops had been ordered to quell an anticipated re- bellion, and to the Territory of Kansas, where events were occur- ring which seemed to render civil war and bloodshed inevitable. 1869. The Governor took in his annual message a more hope- ful view of our Federal relations. " It has become apparent," he said, " that the entire South is with the Democratic party, and recent events have shown that a portion of the Northwest is also with us. This state of affairs tends to give us some assurance that we may, for the present at least, hope to defeat the purposes of that strong party at the North which is animated by a firm hostility to our social and industrial system. These two parties, only, now occupy the field. The Democratic is based upon the idea that each sep- tirat'e State is sovereign, and that the Government at Washington ' - ' " ;. V :■., • Monthly Statements of the Board of Currency. m OOVEBNOR IIOBEUT C. WIOKLIFFE. [1800. }M only intcndccl to be the agent of the combined Stated for certain Hpociftl purpoflCH. The Republican appean to fopter the idea that State lines are mere boundaries for conrenienoe in local jurisdiction, and that the majority of Voices in the whole United States, consid- ered as one nation, ought to nde. This last idea v ould be so fatal to the South, if carried out, that nearly all Southern men are now with the Democratio party. Tlie position of the Northwestern States oftheMiflfliHaippi Valley, ontitis question, is of special interest to usv These States are, by geographical position, commercially our allies, whether slave or free, while many of the States on the Atlantic side of the Alleghanies are necessarily hostile in commer- cial interest. Our principal city is the metropolis of the Missis- sippi Valley, and does much of the importation and most of the exportation. The Atlantic cities are rivals of New Orleans in both of these trades. It is cheering to find our commercial allies of the Northwest sustaining your Southern policy." 1860. In his annual message of 1860, Governor Wickliflb con- veyed to the General Assembly the grateful intelligence that the receipts into the State Treasury, for the present year, on account of the General Fund,' were estimated at $1,206,000, which, with a balance of $133,696 remaining on the 31st of December, 1869, would make a sum-total of $l,388,6g6 ; that the estimated expend- itures for the same period, including the unexpended balancet, would amount to $1,174,663; showing a balance in favor of the State on the Slst of March, 1861, of $164,142, and exhibiting a far more prosperous condition of the finances of the StnK han had been presented for eight years. " It will theretorc be st-en," said the Governor, " that without increasing the rate of taxation, the annually increasing revenues of the State will enal''- her to meet promptly all the wants of the Government." Returning to the absorbing topic of our Federal lelations, which was daily becoming more exciting, he said : " The times that are upon us are rapidly precipitating a crisis which must be met man- fully. In any event, I know that the people of Louisiana will not be found wanting in a practical vindication of their assailed rights and in a proper defence of their honor. The times and the crisis to which I have alluded will bring into requisition, I apprehend, all the qualities indispensable to the vindication of the one and the defence of the other. The character of Louisiana has not yet been stained with servility or dishonor, and I know her people in the pres- ent, like her people in the past, would gladly accept any alternative which carries with it honor and insures self-respect, rather than take [I860. I'ortaui .>a that liction, )o fatal ro tiow vettern intereBt ercially I on tho !omraei"- MiBBlB- it of the leans in ial allies [iffo con- that the account h, with a er, 1869, expend- balancet, or of tho ing a far itin had .en," said ttion, tho to meet ns. which that are met man- will not led rights the crisis pprehend, ae and the t yet been the pres- iltemative than take 1800.] OOVIiRNOU liOBERT C. WICKLIFFE. 687 a position which might secure temporary pro*** -'. thcsacnflcc of every principle of manhood, every element of independence, every attribute of that lofty sovereignty upon which we have so justly prided ourselves. And when it is taken into consideration that Hubraission will hurdly insure temporary security — for compacts with cravens are invariably broken by tho stronger party the very instant they have answered their purposes — that aggression after aggression invariable/ succeeds each oompromiso of constitutional right and submission to wrong — it is not poo tb^.o that Louisiana will abate one jot or tittle of her inalienable prerogatives, or swerve in the least from tho true, ii X and patriotic position sho has ever nobly occupied." f Governor Wickliffo went t ■ t tho South had against th^ r i . ^. century a sectional war*.ir(.\ .ig the grievances which more thai) a quarter of a < .1, . a hatred of the institution pon the South. At tho ganization were contempt- of slavery, has been waged outset, the members of tb" i«ja,.ie ible in cumber and intci:Lv.l, and their lanatical, treasonable and atrocious promulgations were deemed fit subjects for mirth in both sections of the Confederacy. At that time each State respected its constitutional obligations, the comity of the respective Sover- eignties was maintained, brotherhood and good feeling prevailed well-nigh universally. All the South requires now, or wanted then, was the simple observance of the organic compact, which was cheerfully rendered on all sides ; the most beneficent system of government the earth ever knew, when rightfully administered — a nation of sovereignties under a confederated head, armed with expressly delegated powers — worked so beautifully and harmoni- ously, that it was the wonder and admiration of the world. It grieves me to say that this happy picture has been changed ; that the small band of fanatics, once only deemed fit subjects for laugh- ter, have grown into a powerful organization ; that the cloud, once a mere speck upon the horizon, has attained such dimensions that it blackens the skies of the majority section of the Confed- eracy ; that sovereign States, through their Legislatures and Gov- enior~, h^vo passed laws which set at defiance the Constitution of the United States, which nullify the laws of Congress, which tram- ple under foot the decisions of the Federal Courts of last resort, and which openly contemn the executive authority of the Govern- ment when exercised in strict conformity to the demands of the Constitution. All this is done too without cause, provocation, or warrant of any kind. The slaveholding States have not wronged, / 688 GOVERNOR ROBERT C. WIOKLIFFE. [1860. nor attempted to wrong, their Northern brethren in any manner, and in all controversies they have been the first to yield. They have compromised, and compromised for the sake of peace, when they had rights and interests at stake, and the North none. But every yielding and each compromise has been followed by fresh demands and renewed aggression, until fanaticism, grown bold by our yielding and compromises, as well as by the wondrous growth of its power in the North, now says in the Federal Senate, in the Hall of the House of Representatives, and from the Legis- latures of most of the non-slaveholding States, backed by an over- whelming preponderance of the masses almost sufficient to elect a President, that not another slave State shall ever be admitted into the Union — no matter what the circumstances of the case, no matter what the obligations imposed by one common organic law." The Governor then referred to the attempt made at Harper's Ferry by John Brown, with a band of fanatics from the North, to produce an insunection of negroes in Virginia. " The number act- ively engaged in it," he said, " were insignificant ; but when we take into consideration that they committed the crimes of treason and murder, and were provided to equip with arms, for the work of death, several thousand slaves or other confederates; that the general press and people of the extreme North, on various grounds, sympathized with the traitors and murderers, and soli- cited their pardon, we cannot close our eyes to the inauspicious condition of affairs." Thomas O. Moore, of the Parish of Rapides, succeeded Governor Wickliffe. He was a wealthy sugar-planter, and had been for many years a member of the Senate of the State. He was in his inaugural address as denunciatory of the dangerous purposes of the abolition party as his predecessor had been in his valedictory. " So bitter," he said, " is this hostility felt toward the slavery which these fifteen States regard as a gi'eat social and political blessing, that it exhibits iiself in legislation for the avowed pur- pose of destroying the rights of slaveholders guaranteed by the Constitution, and protected by acts of Congress. Popular ad- dresses, Legislative resolutions, Executive communications, the press and the pulpit, all inculcate hatred against us and war upon the institution of slavery — an institution interwoven with the very elements of our existence. The fanaticism engendered in the pop- ular mind by the doctrines taught and the enmity excited, manifest- ed itself very recently by an iiTuption of armed men in the State of I860.] Virgin! were tr acy was conspirj stability which felons, 1 eral Go^ tion oft In the who hac always I in order last succ of the gr the doctr labor of 1 mustbeci could not ished at t means as which me had hithe under th( Southern city and \ populatioi dissolved the powei having m< Moore, he of Abrahai President, earnest pro made unde of adelibei the immedj stitution of issue a call OMM, before publican Pi "I do nc I860.] GOVERNOR T. O. MOORE, 680 Virginia, whose object was to excite insurrection, and whose means were treason and murder. The abrupt end to which the conspir- acy was brought, and the sharp, just, and quick punishment of the conspirators, proved that the South had not over-estimated the stabUity of her institutions. But the apologies and eulogiums which developed at the North a wide-spread sympathy with felons, have deepened the distrust in the permanency of our Fed- eral Government, and awakened sentiments favorable to a separa- tion of the States." In the fall of 1860, it was ascertained that the Abolition party, who had been so long rampant in the United States, and who had always been so explicit in their desire to become the Government, in order to use all its power for the destruction of slavery, had at last succeeded in electing Abraham Lincoln, of Illinois, President of the great American Republic. The President-elect represented the doctrine, that there was an irrepressible conflict between the free labor of the North and the slave labor of the South, that the South must become free, or the North slaveholding, and that, as the North could not adopt slavery, that institution must inevitably be abol- ished at the Souch, and that the Government should resort to such means as would gradually lead to that desired result — among which means was the reorganization of the Supreme Court, which had hitherto protected the South in the enjoyment of its rights under the Constitution. An immense excitement pervaded the Southeni States, public assemblies were held everywhere, in every city and village, and the sentiment of the great majority of their population from Virginia to Texas was, that the Union should be dissolved before the President-elect should have in his hands all the powers of the Government. The Legislature of Louisiana having met in extraordinary session at the call of Governor Moore, he informed them, on the 10th of December, of the election of Abraham Lincoln, as President, and Hannibal Hamlin, as Vice- President, " by a purely sectional vote, and in contempt of the earnest protest of the other section." He argued that the election, made under such circumstances, " was to be considered as evidence of a deliberate design to pervert the powers of the Ck)vemment to the immediate injury and ultimate destruction of the peculiar in- stitution of the South." The Governor advised the Legislature to issue a call for a Convention, '* to meet at once, and determine at oncty before the day arrived for the inauguration of the Black Re- publican President." " I do not think, " said the Governor," it comports with the 690 GOVERNOR T. 0. MOORE. [1861. honor and self-respect of Louisiana, as a slavcholding State, to live under the government of a Black Republican President. I will not dispute the fact that Mr. Lincoln is elected according to the forms of the Constitution, but the greatest outrages, both upon public and private rights, have been perpetrated under the forms of law. This question rises high above ordinary political consider- ations. It involves our present honor and our future existence as a free and independent people. It may be said that, when this Union was formed, it was intended to be perpetual So it was, as far as such a term can be applied to anything human ; but it was also intended to be administered in the same spirit in which it was made, with a scrupulous regard to the equality of the sovereign- ties composing it. We certainly are not placed in the position of subjects of a European despotism, whose only door of escape from tyranny is the right of revolution. I maintain the right of each State to secede from the Union, and, therefore, whatever course Louisiana may pursue now, if any attempt should be made by the Federal Government to coerce a sovereign State, and compel her to submission to an authority which she has ceased to recognize, I should unhesitatingly recommend that Louisiana assist her sister States with the same alacrity and courage with which the colonies assisted each other in their struggle against the despotism of the Old World." 1861. The Convention-" called by the Legislature to take into consideration the state of the country, assembled at Baton Rouge, on the 23d of January, 1861, and Alexander Mouton, a sugar- planter in the Parish of Lafayette, who had been Speaker of the House of Representatives, Governor of the State, and Senator in Congress, was elected President of that body. The Legislature had met on the same day, and Governor Moore transmitted to the Convention a copy of the message which he had caused to be de- livered to the General Assembly. He stated to them that the people, by their recent vote in relation to the Convention, " had confirmed the faith of their Representatives in the Legislative and Executive station that the undivided sentiment of the State was for immediate and effective resistance ; and that there was not found within her limits any difference of sentiment, except as to minor points of expediency, in regard to the mannc and time of making such resistance, so as to give it the most imposing form for dig- nity and success." " Our enemies," he said, " who have driven on their conflict with the slavcholding States to this extremity, will have found that, throughout the borders of Louisiana, we are one 1861.] GOVERNOR T. 0. 2H00RE. 691 into people — a people with one heart and one mind — who will not be cajoled into an abandonment of their rights, and who cannot be subdued." The Governor expressed the conviction that the South- ern States would not be permitted to depart from the old Union peaceably, and that there would be an attempt to coerce them to remain within the Federal compact, and to make it binding upon them, when it was set at naught by the majority of the members of that great national copartnership. " I have therefore determined," he said, "that the State of Louisiana should not be left unprepared for the emergency. She has a long and ex- posed frontier, on Avhich the Federal Government possesses for- tresses capable of being used for the subjugation of the country, and to annul the declared will of the people. Near this capital, where the delegates of the sovereign people are about to assemble, was a military depot, capable, in unscrupulous hands, of being em- ployed for the purpose of overawing and restraining the delibera- tions of a free people. On these grounds, respecting the manifest Avill of the people, and to the end that their deliberations shall be free, and their action supported by the full poy.sejssion of the whole tei'ritory of the State, I decided to take pos3efe;sior. of the militai*y posts and munitions of war within the State, as soon as the neces- sity of such action should be developed to my mind. Upon informa- tion which did not leave me in doubt as to my public duty, and which convinced me, moreover, that prompt action was the more neces- sary in order to prevent a collision between the Federal troops aad the people of the State, I authorized these steps to be taken, and they were accomplished without opposition or difficulty. In so doing, I was careful to confine myself to such acts as were neces- sary to effect the object with the greatest certainty and the least risk of violence. " In accordance with an arrangement entered into with the com- manding officer, in the presence of a force toe large to be resisted, Baton Rouge barracks and arsenal, with all the Federal property therein, were turned over to me on the 11th and 12th instant, and on ther 13th the Federal troops departed. About the same time State troops occupied Fort Pike on the Rigolets, and Forts Jackson and St. Philip on the Mississippi River ; and such other dispositions were made as seemed necessary for the public safety. Receipts were given in all instances for the property found, in order to protect the officers who were dispossessed and to facilitate the future settlement." On the 26th of the same month, the Conven- tion passed an Ordinance to dissolve the union between the State -M' 692 GOVERNOR T. O. MOORE. [1861. of Louisiana and the other States bound together by the compact entitled " The Constitution of the United States." South Caro- lina, Mississippi, Florfda, Alabama and Georgia had ab'eady taken that foi*midable step. The Ordinance of Secession was conceived in these terms : " We, the people of the State of Louisiana, in Convention assem- bled, do declare and ordain, and it is hereby declared and ordained, that the ordinance passed by us in Convention on the 22d day of November, in the year eighteen hundred and eleven, whereby the Constitution of the United States of America, and the amendments of said Constitution, were adopted, and all laws and ordinances by which the State of Louisiana became a member of the Federal Union, be and the same are hereby repealed and abrogated, and that the union now subsisting beween Louisiana and other States, under the name of * The United States of America,' is hereby dissolved. " That the State of Louisiana hereby resumes all rights and pow- ers heretofore delegated to the Government of the United States of America ; that her citizens are absolved from all allegiance to said Government, and that she is in full possession and exercise of all those rights of sovereignty which appertain to a free and inde- pendent State. " That all rights "acquired and vested under the Constitution of the United States, or any act of Congress or treaty, or under any law of this State, and not incompatible with this Ordinance, shall remain in force, and shall have the same effect as if this Ordinance had not been passed." The financial condition of the State, when she seceded, may be easily seen from the Auditor's account, presented in January, 1861. The receipts into the State Treasury, from all sources, for the year ending on the 31st of December, 1860, were $2,378,793 44, out of which the taxes oi. real estate amounted to $680,705 75, and the taxes on trades, professions, occupations, and auction sales to $300,475. The expenditure was $2,224,702, and the liabilities amounted to $10,099,074. The population, according to the late decennial census of the United States, -was 709,433 ; of which 332,523 were slaves. Louisiana was then in as high a state of prosperity as ever any land was blessed with, but with sublime imprudence she did not hesitate to stake the whole of it on the cast of a die, at what she conceived to be the call of honor and duty. Four years have since elapsed ; she is now the seat of desolation — the footstool of subju- [1861. 1865.] THE DOOM OF LOUISIANA. 693 he compact iouth Caro- •eady taken s conceived ition assein- id ordainec' , 22d day of [»rherel'y the imendraents •dinances by the Federal rogated, and other States, k,» is hereby hts and pow- fnited States allegiance to id exercise of i-ee and inde- nstitutiou of or under any iinance, shall lis Ordinance ?ded, may be anuary, 1861. , for the year 93 44, out of 5 Y5, and the tion sales to ;he liabilities ig to the late 3 ; of which ly as ever any she did not L at what she lars have since Itool of subju- gation ; the hoof of the conqueror's horse has withered her opulent fields in the land Avhich was once a fit residence for her bravo and free population of the Caucasian race, and an Elysium for her African bondsmen. Another pen than mine will relate her suffer- ings, her sacrifices, her heroism in battle, her fortitude and resig- nation in defeat and humiliation, after prodigies of resistance against overwhelming numbers on bind and water. Farewell, O sainted and martyred mother I My task as historian is done, but my love, as thy oon, shall cling to thee in poverty and sor- row, and neblle in thy scarred bosom with more rapturous con- stancy than when thy face was beaming with joy and hope, when wealth was thy handmaid, and the eye of God not averted in anger from that noble brow where once rested the pride of sovereignty.* * This was written whilst Louisiana was under Federal military authority, in 1865. * THE END.