s . DEBATE IN THE House of Representatives OF THE Territory of Orleans, ON A MEMORIAL TO CONGRESS, RESPECTING THE ILLEGAL CONDUCT OF General Wilkinson. POINTED BY BRAbFORD & ANDERSON, CORNER Op CHA&TRES AND TOULOUSE STREETS 1807. x DEBATE, C. ORLEANS LEGISLATURE. HOUSE OF REPRESENTATIVES. Monday, March 16, 1807. House in committee of the whole, on a memorial to congress, relative to the conduct of Gen. Wilkinson Dr. Cooley in the chair. Col. Fulton moved that the me- morial be rejected Mr. Parrot faid that he could not conceive upon what grounds the gentleman made fuch a motion. The memorial contained folid facls, grie- vances of which we complain ; and they ought to be forwarded to go- vernment. Coir Fulton replied that his mo- tive for wiming to fupprefs it, was, becaufe he thought it difgraceful to the houfe to read it. Mr Parrot thought the fubjecl: be- fore the houfe one of the mod im- portant that ever came before it ; and hoped, for the fake of his coun- try, that fuch a one would never again come before it. He obferved, there are members of this houfe, de termined to go through thick and thin, to juftify the meafures we fo much complain of; men who ftand in awe of a Punic Tyrant, "drefs'd in a little brief authority," who has been preying upon the very vitals of our country. Col. Fulton begged leave to reply to the gentleman when he fpoke of puny or petty tyrants, he fuppofed he alluded to him he was under no awe of any one ; he faid every one who knew him, knew he was inde- pendent. If gentlemen wifh to ar- gue the point fairly, let them with- out intimidating. Mr. Donaldfon obferved that the memorial was fo fulfome to the ears of many in the houfe, that he wifhed to difpenfe with the reading of it. Mr. Hughes hopsd the gentleman from Acadiadid not wifh to have this memorial difmifled without being read ; he could not give his confent to it ; he did not wifh to have a thing thrown away without knowing what it contained. If it contained truth, which he believed was the facl, it merited a better fate than the gentle-* man feemed willing to aflign it if, on the contrary, it contained falfe- hoods* it would meet the indignation of the houfe. He claimed as a right, the privilege of exprefling his opini- on on the memorial, let its fate be what it would. The queftion was taken on the reading of the memorial, and refolvea in the affirmative. The clerk then proceeded tc read the following MEMORIAL: To the Honorable the Senate and House of Representative.!} of the United States, in Congress assembled. EXTRAORDINARY and alarm- ing- events, oblige the legislative coun- cil and house of representatives of the territory of Orleans, to appear in the character of complainants, at the bar of your honorable body. * Among the privileged secured to us by the treaty of cession, were some which congress thought of so much importance, that they hastened to be- stow them as an earnest of the further t benefits we were taught to expect. We knew how to appreciate them ; and rend with satisfaction in the first law passed for our government, the provision, that " The inhabitants of u the said territory, shall be entitled " to the benefits of the writ of habeas " c or/ix s. They shall be bailable, un- u less for capital offences, where the " proof is' evident or the presumption u great, and no cruel or unusual pun- " i:,hrncnt shall be inflicted." Whenever we have been tempted to complain that other privileges, deem- ed by us essential were withheld, we have been reminded of former periods in our history, when Liberty was only a tt nancy at the will of our superiors^ and told to be grateful for the exten- sion of a remedy against every species of illegal, personal violence ; we exa- mined the nature of this provision, and wi:w in its theory an admirable contri- vance to secure the liberty of the citi- >:en ; we enquired into its operation, and found that its practice had pro- duced the correspondent e fleet ; and \ve considered this assurance of per- v.onal, as the first step to political inde- pendence. Secured from the dread of legal punishment by a determination not to merit it, and safe in the protecting power of the law against all attacks on our reputation or property, we assum- ed the pL'in but lofty port of Freedom, and looked forward to the period when 60,000 citizens, who had by enjoying, learned to appreciate their rights, should unite in assuming an equal rank in the great Federal Famihi a station to which " nature and nature's God," has destined them. Under these anticipations! our government experienced another change. And here again we rejoiced to find the in- valuable p:ivileges of personal securi- ty, re -assured with other provisions equally important. In the second ar- ticle of the prdii it is declared ill .-.I die inhabiting, df Said tcrrhcry " shall always be entitled to the belie* " fits of the writ of habeas cor/ius and " of a trial by jury that all persons "shall be bailable, unless for capital " offences, when the proof is evident " or the presumption great, and thi'.l " no man shall be deprived of his li- u berty or property, but by the judg- " inent of his peers, or the law of the " laiid." We view with admiration, and as children of the great Am-ri'-an Family, claim a participation in the- benefits of the constitutional provisions contained in the 7th and 8th articles of the amendments to the Constitu- tion, and fear not the disspprobation of congress, when we contend that within this territory " no person shall be " held to answer for a capital or other- " wise infamous crime, unless on a " presentment or indictment of a " grand jury, except in cases arising " in the land or naval forces, or in the " militia, when in actual service in " time of war, or public danger." And that in all priminal prosecutions the accused ^ shall enjoy the right to a " speedy and public trial by an impar- " tial jury of the state and district '* wherein the crime shall have been " committed, which district shall have " been previously ascertained by law, " and to be informed of the nature Sc " cause of the accusation to be con- " fronted with the witnesses against " him to have compulsory process " for obtaining witnesses in his favor, " and to have the assistance of counsel " for his defence." We feel a grateful pleasure in re- ferring to these constitutional bulwarks erected for our protection an honest pride in the consciousness that we have not rendered ourselves unworthy of the blessing and an indignant grief which v. e are sure your honorable bo- dy will participate, in the reflection that the noblest plan ever devised for the protection of personal liberty. the finest theory ever imagined for the restraint of arbitrary power, should. before we had well seen its operation be rendered abortive that the best gift ofiered by the United States should be violently torn from our grasp, and that, while its constitutional guardians looked tamely on, the holy templeof justice should be sacrilegious- ly lilled of this revered palladium of our rights. The annexed documents support the following- statement of facts, to which we entreat the immediate and efficient attention of the proper bran- ches of government. The return of the regular forces to this city in last, announ- ced to us the settlement of our diffe- rences with Spain upon our frontiers, and we felt grateful to those who had been instrumental in tranquiiizing the country. But our tranquiiity was of short duration. Measures were soon put into operation which filled the city with alarm, and every thinking mind with the apprehension of the most sinister events. Very active pre- parations were made for defence, but the utmost mystery observed as to the- cause rumors were put into circula- tion of an intent to proclaim martial law and the old forts which command the city were repaired. At lenghth, when a sufficient degree of alarm had been created, the merchants of the city were invited to convene at the go- vernment house on the day of December last, and many of them attended. They were met by the Go- vernor of this Territory, and Brigadier General Wilkinson. The latter com- municated to them that the prepara- tions then making were to oppose col. Burr, who had formed a plan to sever western from the Atlantic states, and to invade the province of Mexico., That in the prosecution of these ob- jects, he would himself be at Natchez, with two thousand men, by the 20th of December, and would soon after be joined by a body of six thousand men. That with this force he would march down to this city, take possession of it, plunder the banks, and seize the shipping to transport hi* urruy, under convoy of a British fieet, to La Ve/a Cruz. This information, he said, he K.d received, partly by a letter from Mr, Burr addressed to him, (the General) written in cypher, and dated the last, and received by him, at Natchitoches, on the 16th of October last which letter, or a decyphered copy, he produced ; and which, among other things, acknovvlt dgtd the receipt -jf one from the General of the 6th of the preceding month. , 5* usk-.'d hit, advice as to the propriety of taking Eaton / onge on his way down. Other parts of the plan, not contained in the letter, he stated had been communicated by a messen- ger from Mr. Burr, who had been sent to him at Ntctchitoches. The Governor supported the Gene- ral in a speech, in which he stated his belief in the existence of the danger, and read a letter, which he said was anonymous, but the hand writing of which he knew to be that of a respec- table gentleman in Tennessee. The parts of this letter which were read, advised him to beware of traitors, to beware of the month of December to beware of the Ides of March j o be- ivarc cf the General and gave hints of some design against the city ; it has since been discovered that this letter was actually signed A. Jackson, and ad- vised the Governor to beware of the General. Both the General and the Go- vernor united in recommending an em- bargo on the shipping, as a measure essential to the general safety the merchants who were present acquies- ced in the necessity, and the embargo was laid. A ship of war was immediate- ly stationed below the city to prevent the departure of any vessel without (he General's passport, and sorne which had sailed without this Document, were brought back and detained until it was procured, although the necessary 6 3 -clearances from the custom house had been given ; and we believe thataltho' the collector has not since the refused the papers requi- red by law, no vessel is suffered to pass tiie i 01 1 at JPiaquemine, without the General's permission. Upon the illegality of this embargo, we need not offer a single argument. The legislative power of congres alone could legally enforce a measure of this nature. Upon its expediency, many considerations occur. Gen Wilkinson Was the only witness of mr. Burr's treasonable designs ; he stated his plan to embrace the attack of this place, the plunder of its wealth and Seizure of its shipping ; and in order to counteract these projects, it was determined to keep all the shipping in the harbor, to deprive them, by enlist- ing their seamen, of all hopes of es* cape, to detain the treasures of the banks, and by withdrawing all the out- posts, and collecting the military force at New-Orleans, to leave all the territory open to the invasion of the enemy. We do not pretend to be judges of military operations, but on a point so essential to our safety as the defence of our territory, and so important to the union as the maintenance of its tranquility, we can but advert to the impropriety of keeping the regular forces isuiated in this city, and with- drawing the garrisons from Fort A- dams and Natchitoches, when the ob- vious policy, if invasion were appre- hended, would have been to have met it in the defiles of the upper country, aided by a numerous militia, instead of waiting an attack in a town incapa- ble of defence or if the attack of the Spanish dominions were meditated, to have occupied the garrisons situa- ted on their frontier. The embargo was a serious evil to our country its immediate operation is already severely felt in the injury of private credit. The extent of its con- sequences e'anntt be easily calculated, In a government subject to events like this, commercial operations must be always uncertain, confidence must be destroyed, and the price of insurance, and uncertainty of returns, will always damp the spirit of enterprise, enhance the price of imports, and lessen that of staple commodities. 1 hese evils arQ already felt. The capitals about to be invested in our lands, in our public in- stitutions, and in loans to our inhabit- ants, are suddenly withdrawn, and the spirit of emigration to our territory is destroyed; and a fall of at least twen- ty -Jive fier cent, in the price of real es* tates, attests the misfortune of our country. Measures more deeply to be deprecated, because they struck at the root of all a freeman ought to value in life Measures fortunately unknown in the history of the American people, and which, we devoutly pray, may be only cited hereafter to shew the exem- plary punishment that followed their adoption. On Sunday the 13th of December, Doctor Erick Bollman, a resident and house-holder of this city, was arrested by two military officers, under the com- mand of Brigadier General Wilkinson his papers were seized he was de- nied the privilege of consulting coun- sel and was immediately hurried out of the territory. Two other persons, (citizens of the United States,) were arrested by a similar order and confi- ned on board a Bomb-Ketch, opposite the city. For some days neither the arrest of these last persons, nor the place of their imprisonment, were sufficiently known to justify any judi- cial steps for their release. At length one of them, (Mr. Ogden) remarka ble for his height, was discovered from the shore a proper affidavit was made, and a -habeas cor/ius obtained, in obedience to which, and contrary to the express order of General Wilkin- son, the officer of the Navy in whose custody he was, brought .him before {he judge, and he TOIS released. The other, Mr, bvvartwout, was immediate- ly removed to more close confinement, and measures were taken, by frequent- ly changing the -officer of his guard, to avoid any proper return to the writ is- sued for his release. An affidavit of the arrest of Eoll- naan was presented to one of the judges of the superior court, on the afternoon of the 14th of December, together with the writ of habeas corpus , for his allowance ; and it was urged by the gentleman who presented it, that the case was an urgent one that the pri- soner would probably be removed out of the reach of process by the next day. The allowance of the writ was at that time refused by the honorable Wm. Sprigg, senior judge of the .superior court, in order, as he alleti- ged, that he might consult his col- league, and he not being at home, the motion for the habeas corpus was di- rected to be made in open court. On following day, this motion appears to have ben made by Mr. Alexander, supported by Mr. Livingston, both counsellors of the superior court the \vrit was allowed. On Thursday the 18th of December, Gen. \V ilkinson, to whom the writ was directed, made his return, in which he set forth : [Here follows the return TJI the case efBotlman.'] After thus avowing his breach of the constitution and laws of his country, and declaring to the judges, sitting in their official capacity, that he would persevere in the same lawless course, fie proceeded to denounce the two counsellors who had dared to question his proceedings He demanded their immediate arrest -but though repeat- edly urged, by the one who was pre- sent, to substantiate his charge, and though every effort since that period has been made by the gentleman accu- sed to provoke enquiry into his con- duct, we do not find that any proof prated to sriuu- nate him- and we are therefore con- strained to believe that this denuncia- tion was intended to overawe those who might be inclined to extend their professional aid to the Geneal's vic- tims. This deduction derives additional force from the proceedings after- wards purfued with reipedt to Mr. Alexander. On the following day he was, by virtue of a military order figned by general Wilkinfon, arreft- ed in his houie, and conveyed thro* the ftreets at noon-day under a flrong efcoi t ot Dragoons he was paraded through the principal ftreets in the city, expofed to the pitying gaze of hundreds of the aftoniflied inhabi- tants, and committed to clofe con- finement at head- quarters. From thence, with Mr. Ogden, who was a fecondtirne arrefted, he was convey- ed to fome place then unknown. There is however, unqueftionable proof that on the 22d of January they wtte in confinement at Plaqurmine. The Habeas Corpus in the cafe of Bollman is the on'y one which was iflued from the fuperior court in thefe cafes of military arreft the effect of that was rendered abortive by the al- ledged removal of the priforier. The other cafes were profecuted in the county court, where James Workman tfquire prefided The hiftory of thofe cafes and the reafons why they were rendered ineffectual are contained in a report made by that officer t:> this houft That docu- ment demands the ferious attention of the national legiflature ; and the tacit refufal of the governor of this territory, to give effective energy to tht civil authority, will no doubt be examined by the executive of the U- nion The picture however of our fuf- f Brings, dt b *itu4Uuiib and i&juiits, is ] fcot yet complete. We have feen the citizen impriforied, and his advocates dj.^irvrcd fr-i'i the bar, denounced, im- piif'vneil <:nd banifhed the violation otfhef;c,ed featofjuftice irf;lfwas fli-I wanting to give a finifh and co- Icrir.s/, a clow of intenfe guilt V- the croup. This it received, for Mr Workman a few days after his cormnurnc'Mon was made to this Ktn:fc, was himfelf arrefted, dragged to ibe vuard hc;ufe and imprtlbned i*iih Mr. Kcrr (another gentleman of !rv. bar, \\ ho had taken out the ha- bfr > corpus tor Ogden,) until they Tv-ere rdeafed by the prompt interoo- fttion cf the d'itrjc"r jrdgeof the Uni- ted S^tes. We do not mean to be jprvdrrft'ood as vouching for the inno- cence cr guilt of the f..veral perfons x* 'horn th-r commander in chief of the Ann r\ , -rrny has arrefted. It is how.v 'Tiie; what unfortunate that tfhe ;..- none of the victims he has ; '.t the bar or the bench Was ever :!'f iUegal power at the head of thefe branches are men not appointed by us over whom we have no controul, and who are ame- nable nly to congrefs fur their con- duel . We pray that that conduct may fee ftriclly examined into, and that nothing connected with this extraor- dinary ftateof thing* may be conceal- ed We annex to this memorial a nieflage from our governor, by which we are invited to a temporary fufpen- fion of the writ of Habeas Corpus a compliance wiih which we con- cieve would involve the violation of of our oaths, the ordinance and con- ftitution of our country, and w.'thout the . femblance of neceflity lend our authority to cover the unconftitution- al proceedings of which we com- plain. Our great diftance from the feat of government, renders opprefiion more bold by the hope of impunity our fcattered population takes away all fear of refiftence the eafe v\irh which men in office can procure t( fti- mony, or influence opinion in their favor, makes conviction more 'lifrlcult and the neceflity of keeping up a large military force, will iongexp a li bcl on pur constituents ; I will ne- ver sanction it by my voice. What sir ! was the political body so contam- inated here, that justice could not be administered ? Where were the trai- tors ? Have they fled from justice ? Have they made their escape from this city ? Why are they not now dragged to justice ? Why are their names concealed from an indignant public ? Because neither treason nor traitors existed in the country thus ca- lumniated ! because the idea origina- ted only in the mind of a man, who wanted by the excess of a new born zeal, to cover the suspicions of guilt, and who hoped to stop the investiga- tion of his own conduct, by magnify - the danger from which he wished ?have us believe his services had de- livered us !! The letters, the papers, and the persons, nay even the private conver- sations of the inhabitants of this terri- tory, have for three months been un- der the absolute controul of the public officers. If treason had existed in this territory, it would in vain have endea- vored to escape detection If the peo- ple were so disaffected, that they were ready to snatch the culprit from the hands of justice if the judges could not be trusted to commit, nor juries to pronounce on the guilt of the delin- quents, surely with such means, and so inquisitorially exercised, some evi- dence of the fact would have been pro- duced ; some document, some decla- ration ; some bottle conversation ; some confidential communication would have been drawn forth from the secrecy in which friendship and honor had buried them, to bear testi- mony of iruilt, or at least to justify I therefore repeat, and so long as my feeble voice can be heard, I will continue to proclaim, that our consti- tuents have been vilely calumniated, as well as cruelly oppressed ; that in- sult has been added to injury ; and that their imaginary disaffection has beeri slanderously alledged as an excuse for their real oppression. Away nen sir, with the degrading excuse deriv- ed from domestic treason or disaffec- tion. It is one that will surely find no favor with the executive of the Uni- ted States, who has borne honorable testimony to the readiness with which the force of the territory was, in a mo- ment of danger, offered to support the Union ; nor will it be believed here, when we have seen our most respect- able citizens performing the drudge- ry of garrison duty, and condescend- ing, even on the mere allegation of the general, to undertake the task of exe- cuting orders odious in themselves, and which I am sure must have been doubly disagreeable to them, both as free citizens, and men of respectability in society. If there was no danger from domes- tic insurrection, did any pressing pe- ril from without, threaten us with such immediate destruction, that no time was given to deliberate, or consult the constitutional organs of accusation ? From whence did it arise ? We have been told but of one quarter from whence any was expected I yet it is extremely difficult to reconcile the ex- istence of any such .clanger, with the measures pursued to avoid it. If the commander in chief of the American forces was really in earnest, when he told us Burr was expected at Natchez on the 20th December, with 2000 rnen, would he have dismantled Fort Adams ? would he have endeavored to weaken the Mississippi Territory, by demanding 500 men from thence, to be bron r,'ht to this place ? would he have thrown his whole force into a de- fenceless town, and left the whole up- J per country open to invasion ? and would he, I ask it seriously, & pray his advocates in this house to give a satis- fuctory answer would he have con* cealed his knowledge of the danger from the governor of the country which was to be the first invaded ? of that in which the force was to have been collected ? Would he not instant- ly have requested gov. Meade to put himself on his defence ? would he not instead of endeavoring to weaken that territory? by a requisition of militia have marched there with his regular force, and thus checked the first effort of rebellion ? or would he not have nipped it in its bud, by sending a copy of his cypher letter to the governor of Kentucky, before any force could pos- sibly have been embodied, or while the juries of the upper states and territo- ries were groping in the dark, and for want of proof pronouncing the migh- ty culprit innocent ? Would he not have furnished that evidence which he had in his possession, and which would have exposed the traitor & his schemes himself to detestation and ruin. If the object of Mr. Burr was to plunder this place of its wealth, and to seize on its shipping, would he, I ask iiave laid an embargo to keep both within his reach ? If he had not had some other scheme than mere defence against this northern rebellion, would he have expended the treasure of the public, in erecting fortifications in the centre of your city, useless against a foreign foe efficient only to overawe your citizens, and to ruin their proper- ties in its suburbs ? Would, in fine, the naval force have been stationed along the river in smali detachments ? or would they not have been collected so as to act with some advantage against the descending force : It is notorious that at the moment when he announ- ced the greatest danger, of the four gun boats in the river, only two were stationed as high up as Point Coupes, and the two others at long intervals on the river, so that they might succes- sively have been taken, if half the sup- posed force had descended with the hostile army ; and is it possible to sup- pose, that if the object held been to interrupt the invasion of Mexico, that no part of the naval force should have been stationed above Red river, Mid that Nachitoches would have been left almost without a garrison ? it is plain therefore, from these acts, from these omissions, from these arrangements, that no serious danger was apprebead- ed but that for purposes best known to the General himself, and his coad- jutors, it was deemed necessary to keep up the alarm ; to divide and weaken the country ; to curb the town ; to keep all its wealth in his power; to scatter the naval, and render the mili- tary force useless ; to magnify the force of the enemy, and to terrify the executive the legislature and the judi- ciary into a dereliction of their rights. With the first, unfortunately, he has succeeded ; the last remain yet at their posts, and this day is to deter-* 1 mine whether we are to partake the disgrace of the one, or share iu the credit due to the oilier ! For !- not deceive ourselves as to the eilect which our approbation of these mea- sures, or even our silence, will pro- duce. A sacred trust has been com- mitted to our keeping ; personal honor, national dignity, and the so- lemn sanction of an oath, concur ia pointing out our duty. Should we be- tray this trust ; should we disregard what we owe to ourselves, our conn- try, and our God ; should we be bold enough to bear the reproaches of that internal Monitor, which no sophistry can refute, no pretended necessity si- lence, no power overawe ; should ve have the hardihood to do this, I usk, can the boldest of us meet his consti- tuents with composure, before they appear at their tribunal ? The effects of this vain terror, if it ever possessed their iirintis, will be dissipated. When t ,4 we render an account of this winter's transactions, will they, I say, be satis- fied with our list of divorces ? with our tniHtia arrangements ? or even with our grand reforms in the judicia- rj, if they should be effected ? No sir? they will enquire of us about events which more nearly concern them ; they will enquire of their vio- lated rights; they will -ask about their constitution, committed to our care ; and in a stern accent, in which the the voice of the Profile must afifirar to jxe the voice of God, they will demand Whether we did not, in his awful pre- sence, swear that we would preserve that constitution inviolable forever ? They will then point to the open, a- Towed, undisguised infractions it has received in our presence ; before our eyes ; in our own persons ; in the ve- ry sanctuary of our legislature ; and ask us what measure we took to pre- serve the constitution ? what steps to avenge the injuries it received ? What answers shall we, can we give to those enquiries ? shall we reply, * s It Is true we have sworn to preserve root* constitution and rights ; it is true we bare seen them openly violated and despised ; we saw the commerce of your country endangered ; its citi- zens draped disgracefully through the streets, first to a military dun- geon, then to banishment and ruin ; it is er(?taJIy true we saw the peaceful traveJler stopped on the high way, searched like a felon, and forced by violence to ask protection in passports, unknown and unauthorized by our lairs ; that private papers have been seized, private letters examined ; that "women and children have suffered im- prisonment, exposed to cold and hun- ger; that our own privileges have been infringed ; that our own dignity has been destroyed ; that our country lias been Pandered ; that your known loyalty has been questioned ; and that your representatives have been insult- ed by a solemn proposition to violate their oaths, and join in the unholy work of destruction ! !" All this we must proceed to say we beheld with tame submission, all this ; some of it countenanced and admitted ; and when solemnly called by the indignant voice of our country, to express in our legis- lative capacity, the feelings which ought to glow in the breasts of free- men, we excused these illegal acts ; we palliated these enormities ; we threw the mantle of legislation upon the nakedness, the folly, the vice of executive acts. Though we could not lessen the horror so considerably felt, we meanly undertook to divide the odium :- we humbled ourselves in the presence of a petty officer, and terriiied by the bayonets of a single regiment, we kissed the rod, and justi- fied the reproach of your enemies, by our mean submission and flattery, that " you are not Jilt to be fret; /" Shall we be obliged to make this humiliating confession ? No sir, it is yet in our power to retrieve the credit we have lost to assume the character that befits us to address the legisla- ture of our country in the language of manly freedom to shew to the execu tive how much he has been deceived and betrayed, by the civil and military chiefs ; and to give him an opportuni- ty of dismissing the weakness that de- grades, and the tyranny that ruins his service in this territory. And yet sir, it is principally for our own credit, that we ought to seize this occa- sion of shewing that we are not the unworthy representatives of a patri- otic people. For, whatever ideas we may have of our duty, the representa- tives of the United States will know theirs ; though we may be silent, they will speak ; they are fearless, though we may tremble ; and should we flat- ter, they will never cringe ; and next to the consolation of having done my own duty, I find one in the certainty that there are at least one hundred and thirteen independent men in ourcoun- 3 oils, who have remembered their oaths and will punish the betrayers of their country. DR. W ATKINS. Sir; I oppose the gentleman's (mr. Donaldson) mo- tion. I consider it u subterfuge to get rid of the memorial altogether ; and I think I am warranted in saying, from the conduct of that gentleman, & his friends, that if you consent to his wish, the memorial will never more make its appearance in this house. . The gentleman says it contains errors. If so, and he or any other member will give himself the trouble to point them out, they can be corrected in a committee of the whole house, as well and at least as expeditiously as in any other way. I am disposed to believe that there may be some few errors, but they are of a trifling nature, and not calculated to effect the body of the memorial in any material or import- ant point. I have too great a respect for the constituted authorities of my country, too much regard for the char- acter of this house, and too high a re- verence for the dignity of that tribu- nal to whose justice we are about to appeal, ever to consent that your me- morial shall be disgraced by one doubt- ful fact, or one disrespectful expres- sion ; and I have too much regard for my own reputation, to suffer myself to he guided by any other principle than that of truth ; by any other mo- tives than those whose object are the public welfare. If sir, the gentle- man's motion should fail, and I flatter myself it will, I shall propose such al- terations as in my opinion ought to be made in the memorial, when it comes to be discussed by paragraphs. But when I take a view of the conduct of this house ; when I advert to the ex- traordinary and unprecedented pro- ceedings which took place this morn- ing of attempting to thrust the memo- rial out of doors, without even suffer- ing it to be read, I am compelled to believe it is the object of that gentle- man and his friends, not oiJy to reject it, but to avoid if possible, any discus- sion on the subject. Under these cir- cumstances I shu.il avail myself of the present opportunity to make some ob- servations on the memorial itself. It will be recollected sir, that I sug- gested the propriety of such a mea- sure at the beginning of your session. I thought it proper to transmit to the general government, a faithlul narra- tive of the principal events in the po- litical history of our country a few weeks previous to that time. The same opinion seemed then unani- mously to prevail in this house ; and a committee was accordingly appointed to draw up a memorial to congress. I was solicitous for the memorial to go on at that time for several reasons. In the first place it would have found con- gress in session, and as all communi- cation between the individuals of this country and the Atlantic states, had been intercepted by your rulers, who seemed desirous of usurping the em- pire of thought as well as that of Saw, I deemed it expedient that the repre- sentatives of the people should endea- vor to defend the honor and interests of their country, by presenting to the general government, a faithful picture of their situation . 1 1 cannot be denied but at that time it was dangerous for a private citizen to express any senti- ment in opposition to the measures of the day. It will not be denied but that even upon this floor, (except when your doors were closed) no member had courage enough to condemn the conduct ot General Wilkinson. How- ever conscious he migrhthe of his own innocence ; however high his bosom might glow with patriotism, and how- ever great his indignation at the wan- ton violation of the laws and constitu- tion of his country, not one of you dared in those dangerous times, pub- licly to avow your real opinions. The bold and independent conduct of the representatives of a free people, would probably have been rewarded by a mi- litary arrest a violent separation from his family and friends, i.nti an ignomi- nious transportation to God knows where to a Spanish dungeon, or at least to a distant part of the United States, to the utter ruin of his fortune, and the eternal injury of his honor and reputation. Again sir if at that pe- riod of your session, I could have suc- ceeded in sending- forward a proper memorial, I would after having- voted the necessary supplies for the support of the government, and providing by all the means in our power for the protection and safety of the country, have p-oposed to this house to adjourn, because it was insulting to exhibit to a people just admitted to the enjoyment of the boasted principles of Rejrubli- camxm* the deplorable spectacle of a military chief in the very presence of their legislature, violating not only the laws and constitution of their own ter- ritory, but trampling under foot that sacred charter of freedom, which had been erected at the expence of the blood and treasure of so many of our ancestors. What was the language of every native LouisianJftri on that occa- sion ? formerly, (scdd they) such conduct wouid not have surprised us ; we were then at the mercy of arbitra- ry power. But we had been told that our siiuution was cl"uproach to this rity of an agent of the conspirators, of his name, the route ho had taken, and the object of his mission ; but that he had it not in his power to adduce such proof as would justify a civil magistrate to commit him to prison." An American citizen against whom suspicion was entertain- ed, but of whose guilt no proof could be adduced, was expected in your city, and it was probable that he would be rescued from that suspicion by the ap- plication of the writ of habeas corpus, and placed upon a footing which the laws of your country entitled him to, and you are called upon by the execu- tive of this territory to take away not only from htm, but from every other- citizen, the great constitutional bul- wark of the liberties of the American people. The fate of this message is well known. But sir, to the shame of this house, let me ask,what would have been its fate had not the minority re- sorted to the measure of consulting the judiciary of ou 1 * country. During the time of three days of secret debate which this important question occupi- ed, it was evidently seen that a large majority of this house, was determin- ed at all hazzards (I will not question their motives) to second the views of the executive. Some of your mem- bers were bold enough to say, that the governor had recommended the mea- sure ; and that it must therefore be proper. I am however both for my- self and my country grateful to them, for yielding their opinions to superior wisdom ; and leave it to the world to deckle how far the governor was justi- fiable (or ignorant of your powers) in recommending, for the apprehension of one suspected individual, the sus- pension of the dearest privilege of an American citizen. From the view I have taken of this subject, mr. Chairman, you will not be induced to believe that I have any doubt of the existence of a plan to sub- vert our government, and to invade the dominions of Spain. On the con- trary, sir, I most firmly believe it ; I beiieve that such a plan has been long in agitation, that it has taken deep root and spread through a great portion of the United States. But sir, I am per- suaded from the facts I have detailed, that I can convince you, this honorable house and the whole world, that its ori- gin is not to be found in Burr's cypher- ed letters, in Dayton's communicati- ons, or in Burr's agents to Wilkinson ; and that its defeat is not to be ascribed to the affected patriotism either of gen. Wilkinson or gov. Claiborne. The officiously lopping off limbs to ( 23 preserve the body may answer the am- bitious, avaricious purposes of an igno- rant quack, but will never meet the sanction of a sound intelligent physi- cian, who upon taking a view of the whole distemper, clearly sees that such mutilations can have no other ef- fect than to weaken the body, and hur- ry his patient to death. I have no idea that your constitution is to be preserv- ed by trampling- it under foot that your laws are to be maintained by set- ting them at defiance. No man will doubt that Burr was a conspirator, and if we believe Wilkinson, that Dayton and many others were concerned with him. Let us look at his conduct. If I am not mistaken the last time he met the general at the Federal City, he accosted him nearly in the follow- ing words : (my authority is governor Claiborne) General what are you a- bout What has become of your am- bitionYour love of glory and danger- ous enterprise ? I possess these quali- ties, replied the general, in the same Degree I ever did. Then what are you doing here, said Burr ? Point out to me a held said the general and 1 am your man. Burr pointed to iViexico -and the remainder of the conversa- tion was in secret, and is still unknown to us. The general is appointed to the government of Louisiana,und we short- ly afterwards find Burr on his way to that country. Why this visit ? Was it for the pleasure of traversing a wilder- ness of several hundred miles in ex- tent ? Was it to examine the dreary plains rf the Indiana territory ? To take a view of the wretched villages of Kaskaskias or Kahokia ? or was it to see gen. Wilkinson ? From St. Louis he descends to New-Orleans, not as an ordinary traveller, but in an elegant barge, manned by the troops of the United States, soldiers under the ge- nerals command. To whom is he in- troduced, and in what style ? To the old friends of the general, and in terms f the highest recommendation) both as to his talents and probity. He spends a few d*.ys here returns to St. Louis talks over v-iih the general the plan oflnvading- Mexico (ridicules a iboiish club he hud heard of at Ncw- Orlcans, established upon patriotic principles) and departs for the Atlan- tic states. The next news we hear o him is at Philadelphia, in the mouth of August, from whence he writes to the general, not as \cu or I would write, but a letter in cypher, a lan- guage unknown lo any one but them- selves, in which he states that he had obtained funds, and actually commenc- ed the enterprise An enterprise hi which Wilkinson was to be second to Burr only ? in which Wilkinson was to dictate the rank and promotion of his oilicers. Examine this communica- tion sir, and compare its contents with your knowledge of the human heart. What internal evidence does it con- tain ? Put your judgment under the controul of that evidence, and follow me from Natchitoches to New-Or- leans, and the honorable gentleman from Acacliawiil lose his motion.- \\ licit did the general do on the re- ceipt of Burr's letter? lie writes to the president of the United States, gi- ving him some account of the scheme. This was proper, lint what ought lie to have clone further ? He knew that Burr was in Kentucky, and that the vnterfirize had not yet made much pro- gress. We knew that the documents in his possession, if forwarded in legal form, to the governor's of Kentucky, Tennessee and Ohio, would be suffi- cient to enable the constituted author- ities of those states to seize the traitor and stifle at once the whole nefarious plan. He knew from Gen. Wilkinson's correspondence with Burr that these documents might have been sent in time to meet him there, to surprise his army, if he hud one, and capture its chief. Did he do this ? No sir; whilst the honest state of Kentucky was groping in the dark for testimony 24 ) while she was endeavoring to get some clue for the discovery of Burr's* guilt, General Wilkinson, in posses- sion of damning proofs against him, v/is not only silent upon the subject, but wrapped himself up in mystery loaded with provifions awt C * 7 3 prefumed to belong to Burr's party. Admit the fadl. But how many men were on board thefe boats ? and \vhat arms had they ? No arms at all, and not more men than were ne- cellary to row thefe boats to Natchez On the 22d of December he leaves Nafhviile with 2 boa r s ; at the mouth oi Cumberland he i* joined by 11 more ; and with this formidable force he at rives about the loth of January at Bayou Pierre 13 boats thenload- ed with provifions, having on board from 50 10 100 men, and about 40 {land or arms, which appear to have bfen brought alorg with them for the pu p>fe of killing turkies & wild geefe for this mighty army to op- pofe vvh^ch you are called upon, (and many of you have already pledged yourfelve^-J tojtiflify General Wilk- infon and Governor Claiborne in the fecret as well as open violation of e- very thing that is dear to the liberties of man. Many of you have alrea ly hailed the General as the faviour of his country, have bound yourfelves down to approve his conduct, and call upon us in the face of off ndui Heaven and the proftituted rights of yourcounrry, to go along with you by rejecting the memorial. Permit me to a(k fir, (allowing every thing that has been faid about the nature and extent of Burr's plans to be true) who is entitled to that facred epi- thet ? Who has really been the Sa- viour of our country ? Whohasde- feated the fchemes of Burr ? Have the opera/tons of general Wilkinfw and governor Chi borne extended beyond the limits of this territory ? Have the dreadful fffefts of the wounds which have been inftifted upon your Conftitu- tion penetrated into the enemy scamp ? was Burrs progrefs arrefted? Was the feverance of the Un'on, or the inva- Mexico prevented by concealing his plans, embargoing \ntr flapping? withdrawing your troops from the upper count 'ry, demanding governor Meade's militia, infulting your courts of juft'ue, denouncing your fellow citizens as trai-r tors, arreftin* ana tranf porting them, without even the form f a trial^ filling the public mind ivith eon/lant alarms, deftroying the civil a'ttbir.'ty. or fi '-tally by trampling under foot every pi inciple of jvftice and sf right ? No Sir ! YM owe. yourfalv.ition ->/ fa general ffiilkin- fon or governor Clai borne, but to the Pa- triot if m and integrity of the people //' Ken tucky ; and tithein fhmld your altars fe erefted. You oivt if to that love of * li- berty a)d 'independence ; to that attach- ment 10 their country ; to that confidence in the horejl adm'iniftration of the the gen- eral government* wh ; and / yi id ei- ther to him or to them, all the advan- tages they can draw from it. To the Editors of the Orleans Gazette. 1 will thank you to in- sert the following in your next num- ber, HAVING on a late occasion in the house ol representatives, observed that General WiikLison naci, in his communications to the Merchants of this city, and aiso the superior court, mentioned the name of Gen. Dayton as an accomplice of Aaron Burr ; I think it clue to candor to state that I \va& under a mistake. The name of General Dayton was not 1 believe, up- on i c-lection, publicly mentioned by General Wilkinson, as concerned with Burr. But at the same time 1 render homage to truth, in correcting with pleasure, an accidental error, I re- serve to myself the right of stating- to the public the circumstances and im- pressions under which that error was committed This shall appear in your next paper. I have the honor to be very respect- fully, Your ob'dt. humb. servt. JOHN W ATKINS. New-Orleans, April 5, 1807. To the Editors of the Orleans Gazette. IN compliance with my promise I Bow "relate" to you the circumstances Whirl' induced n;e to state that Gen. r iYil';inson had publicly mentioned the receipt of a letter from Gen. Dayton on the subject oF Burr's conspiracy, At the time Governor Claiborne communicated to me all th.it he had learnt from General Wilkinson, he mentioned among other tilings that Gen. Wilkinson had received a letter from Gen. Dayton, in which was these remarkable words u Louisiana & Mx- ic~ 3urr & IVilkinuon." When a public disclosure of this plot was af- terwards made, this letter of General Dayton's was every where spoken of, and seemed to form a part ol it. - Several of my friends, persons of the highest respectability, "''informed me that they had heard of the same let- ter, and repeated to me such parts of its contents as to convince me it was the same letter the Governor had men* tionecl to me. I was not present at the assembly of the merchants ; but I had understood that this letter was read there as well as before the supe- rior court. In short, General Day- ton's letter had in my mind become so identified with Burr's, that they al- ways presented themselves together. In the house of representatives, Gen. Wilkinson read this same letter, and it was translated into French by the clerk. This letter was pnrtly in cypher, and partly in common char- acter. It began by predicting to the general the loss of the government of Louisiana, and hinted in very strong terms thtt he was sinking in the con- fidence' of his country -that Mr. Jefterson might affect to serve him, but that he would finally yield to pub- lic opinion, and after talking about troops, concluded with <* Louisiana & 'Mexico 'Burr^f Wilkinson" I will not pretend to say that Gen. Dayton is the author of this letter ; but I po- sitively affirm that such a letter exist- ed ; and pledge myself to prove whenever it may be necessary, that Wilkinson gave Dayton as the author, if not publicly, at least in private con^ versations. I am very respectfully, &c. &c. JOHN W ATKINS. /r. Donaldson observed, that he $houid now renew his motion of yes- terday, that the memorial be recom- mitted to a committee appointed tor that purpose, he had no objection to any member of the committee who framed the memorial which was then before the house, t?ut that he wished a new committee to be appointed that they might bring forward such a one as the house could act upon or would meet the ideas of a majority of the house. Doctor Watktns rose to explain the impossibility of ever bringing forward such a memorial as would accord with the ideas of all the members of this house. How in the name of God can we pretend to discuss the propriety of forwarding this memorial to congress when the very grievances that we complain of in the memorial have been made meritorious acts, and an address approbatory of the measures adopted by gen. Wilkinson in this city has been signed and presented to him, and the names of some of the members of the house are subscribed to it and that of the gentleman who now renews his motion for a recommittment, unless I have been grossly misinformed ? What sort of a memorial is it contem- plated that we should send forward to congress ? one setting forth that it is true we have just emerged from a state of slavery and entered into the wide field of American liberty, but that we have not sufficiently recovered from the effects of slavery to enjoy that liberty ? Our wounds must be a- gain scarified before they can heal. The question was then taken on the recommittment of the memorial, and lost. Mr, Gurley rose and moved for the rejection of the report of the commit- tee. He observed that he had flatter- ed himself when the motion was made yesterday to recommit this report that it would have succeeded. But from the observationswhich have fallen from gentlemen this morning., he was per?, Cecily convinced of the object of the advocates of this memorial, and tha ; : not the slightest ground existed to hope for any coincidence of opinion oetween them and those who wished it substantially changed,while its authors confess it replete with erroneous and false statements, and of necessity with unjust, because unfounded criminati- ons. We are still teazed to go into an immediate consideration of it, and to adopt it with the few alterations which they themselves propose, and which only prove to my mind that no sub- stantial alterations of any nature are intended by them or can be expected by us. Indeed the idea of amending this report in a committee of the whole house is ridiculous, we might as well resolve ourselves into a com- mittee of the whole, to write the histo- ry of Louisiana. In making the mo- tion which he had done to reject the memorial., he did not deem it necessa- ry to go into a consideration of its con- tents, he was ready, however, to do it when necessary. But in the mean time believing it to be evident to e very- member of the house, that essential alterations in it were necessary, he conceived that the house had virtually decided in favor of his motion by re- fbsing to adopt the only measure by which those alterations could possibly be made. Mr. Collins rose to second the mo- tion of the gentleman from Orleans: that the memorial contained state- ments not true, and ought not to come before this house, and that his vote would be to reject it Mr. Hughes wished the gentleman who spoke last would inform him be- fore what house or place this memo- rial ought to come, as he had declar- ed it ought not to come before this. One thing the gentleman has not ne- glected to inform us, which is that he will vote against it, but what of that,. I will tell him that I will vote for it and so ) that it shall have my most hearty ap- probation. The facts can be proven. Mr. Gurley rose to explain that it was on the ground that the majority of the house was against a recommit- ment of the memorial that he moved for its rejection in toto. Doctor Wat kins observed he wished to debate on this subject as is common on all debates before this house : he be- lieved that our government had been threatened to its foundations, but that the nefarious plot was defeated long- before it ever reached this city that the authors of its defeat are not here, not to be found among the tramfiltrs upon our lawt> he rose to oppose this motion and wouki move to take up the memorial article by article arid onsiuer it. Air. Parrot, said he was just about rising when the gentleman who spoke last did lo tne same ei-Vxt : he observed that the mode pointed out of discuss- ing the memorial article by article, was certainly the proper and usual one but it appeared to him to be the de- termination to strangle this me:; o ial in its birJi, to bring it to a premature fate, but he would ask the gentleman if his bow-strings were ready, & if he had his mutes at hand. This suia he Is a Turkish mode of execution, which I must confess J do pot like however we shall have one consolation that at least it will meet with an honorable death, so far as it relates to its execu- tioner. Mr. Donaldson observed that it had been said that no danger ever ex- isted to warrant the measures that had been adopted in this city, and that it was never sufficiently nigh ; it is true said he it was never at our gates, but is it the mode of a good general to wait until danger is so njgh ? No, the best v/;u- is to he guarded against it and we $huutd never despise danger, and too numy states and citizens have fallen from the very circumstance of despis- Mg danger ; bz declared that he be- lieved our present safety was owing to the prompt measures which had been adopted in this city. The gen- tleman from Opelousas tells us of a Turkish mode ; I have heard of cram- ing Turkeys, and the gentleman wish- es to cram this memorial down our throats. Mr. Gurley observed that in moving as he had done for the rejection of the memorial, he thought thrt be had been so explicit in the declaration of the motives by which he was governed, as to have left no room for charges which have been heard in your com- mittee, of want of liberality Sc candor. Gentleman affect to believe that the exercise of those virtues' in thdr favor can have no limitations. With what propriety (continued Mr. G.) can gen- tlemen call on us for the exercise of generosity, after having refused the proffer of accommodation which was hoklen out yesterday, by the motion, which I had the honor to support, for a recommitment of this memorial to the same committee which had repor- ted it. This motion I thought so rea- sonable that it was with astonishment I had found it negatived. When mem- bers of that committee had concede^ that they had made a report to this house which was incorrect in point of act, and which required gre.it and ma- terial alterations to meet even th"ir ideas of propriety, we are still compel- led to act upon it, and to take the chance of such partial alterations as may be made in a committee of the whole house. But after what I have witnessed, I feel perfectly satisfied that as no material alterations can be hoped for even on a recommitment, the sooner the better we tiisburthen ourselves of all consideration of the subject. Not that I am disposed, mr. Chairman, as has been stated, to strangle this measure in its birth ; much less shall I ever be induced to give a vote in this house for which I fear to assign the reasons which go- ve rn me . With regard to the first im- putadon, my conduct has been a com- plete refutation of it. I have been willing to cio every thing which could have brought before this house such a representation to the national govern- ment as I thought worthy of this legis- lature. I mean by this a fair repre- sentation of facts, and a temperate ex- pression of opinions resulting from those facts. buch a representation I shall forever contend, is the only one calculated to have any effect, or to an- swer any one object which I have a right to presume that this legislature has in view. in examining the memorial which I have done witn attention only the pre- ceding night, I am confirmed in the impression which I had formed on hearing it read in the house, that it contained the most exaggerated and unfounded statements and such as I trust will never be given to the world under the solemnity of legislative sane tion. I shall as briefly as possible, mr. Chairman, examine some of those statements in order to justify the opin- ions which I have expressed and the vote which I shall give. In doing this gentlemen who have advocated this memorial will excuse me if I do not choose to follow them in the circuit which they have taken, and for which every man must perceive the object to be wholly foreign to any possible question which can arise from the sub- ject under our consideration. Indeed from what we have heard in support of this memorial, more than from the memorial itself, we are led to the real motives in which it originated. From what we have heard one would sup- pose that this house had abandoned its legislative functions, that it had erec- ted itself into a judicial tribunal to de- cide not on the recent events of which this memorial professes to treat, but on the character and conduct through life of the individuals implicated in it. Mr. Chairman, I stand not here the Advocate of any individual ; but I will never cease to reprobate an attempt like to prostitute the dignity of the legislature by making it subservient to a party and by engaging it to be* come a mad partizan in the quarrels, and contests of individuals. It is therefore that I shall leave the conjectures, suspicions and denuncia- tions against the commander of the army of the United States and which have been made to embrace the history of his whole life, not because they are unsusceptible of refutation, for many of them refute themselves, but because they are entirely foreign to the sub- ject at present before the house. That subject so far as I know any thing of it, extends only to a consider- ation of the question, whether this memorial contains a fair representa- tion of the public measures which we have witnessed in this territory for the last three or four months. In re- ference to this single subject, I shall call the attention of the house to some parts of this memorial. The first part of it consists of a declaration of the rights conferred on the people of this territory by the different acts of congress establishing our government. So far I must confess, although I fear but very little farther, the au- thors of this memorial seem to have proceeded with some regard to truth. We then have an account of the arri- val of our troops from the Sabine in this city, and the measures which were shortly after adopted for its defence. And here commences the 'irst charge, against the comman-ler in chief of his having excited unnecessary alarm by holding out the i lea that martial law- was to be proclaimed. From what quarter the authors of this memorial obtained their information, I know not But this I know, that this is the first moment that I ever heard that any idea of this sort was ever siifrg-estecl in. the country by any one, much less ws I ever informed of any attempt to ex- cite unfounded akirm among the peo* pie, That the citizens of this territory were alarmed ; that every man who Jovcci his country, felt during a period of danger some doubt and uncertainty, an extreme degree of solicitude, can- not be denied. A conspiracy the most attrocious & desperate that ever disgraced human nature was develop- ed to us. We saw it directed aguinst the union of our country and that con- stitution of government to which we had been accustomed to look for the protection of every thine dear and val- uable. At the head of this desperate project we saw a man of talents un- questionable, and who once possessed the confidence of his country. The knowledge we had was sufficient to induce the apprehension of great dan- ger ; and our ignorance of particulars not only strengthened these appre- hensions, but was a new source of real danger in itself. Such was our situa- tion, and such were our feelings, when this systematized scheme of rebellion, rapine and murder, was first unfolded to us. It was at this time that the merchants of this city with a patrio- tism which will do them eternal ho- nor, came forward and offered the de- lay of their vessels in your port, in or- der to enable the government to pro- cure seamen to man the public ships destined to ascend the river. Little did they then think that the acceptance of this voluntary and patriotic offer, would in the course of three short months, be denounced as a crime which called for the most signal pun- ishment. For such, mr. Chairman, is the simple history of what is deno- minated in this memorial an embargo, and which is said to have been estab- lished by an unpardonable usurpation of power and violation of our rights ; and to which, continued as it did only six or seven days, have been ascribed effects which if they had any exist- ence, would piove that the country had been utterly ruined. The fact is t]iat nothing like an embargo has ever existed, and I defv any man to pr6v that a single vessel has been prevented from going to sea by any of the mea- sures to which we refer. It is thus that this affair termed an embargo has been brought forward to swell the long- catalogue of exaggerations Mid false hoods with which this memorial a- bounds. Mr. G. here read that part of the memorial relating to the embargo, Sc concluded by demanding of every member of the house whether there was even the shadow of truth in a sin- gle statement on that subject. We next come to a most able and learned criticism on the military move- ments of the commander in chief., which in a most decisive style you have heard declare-, have been calcu- lated not for the defence of the coun- try, but for its surrender to the man with whom he is represented by the advocates of this memorial as a confe- derate in treason. Mr. Chairman, I cannot but feel for the honor of this house when I consider the insidious attempt which is now made to induce us to pronounce a solemn mock judg- ment in the face of the world, on a subject of which it is not in the nature . of things possible that we should be a- ble to form a correct opinion. For sir, we must not forget that with re- gard to these military arrangements, the question is not singly whether they have been good or bad ; much less whether they have been the best that possibly could have been devised ; but whether they prove that this ter- ritory was actually abandoned by the commander in chief to the inroads of the expected invader, and whether the measures adopted by him were calculated, as we are called upon gravely to assert upon our honor and our oaths to the government of the nation, to deliver over our citizens, their fortunes and their lives into the hands of ;* desperate band of traitors and assassins.